110th CONGRESS
1st Session
H. R. 1791
To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives
to make video recordings of the examination and testing of firearms and
ammunition, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 29, 2007
Mr. GINGREY (for himself, Mr. PAUL, Mr. MCCOTTER, Mrs. MUSGRAVE, Mr. SESSIONS,
Mr. ROGERS of Alabama, Mr. BOOZMAN, Mr. JONES of North Carolina, and Mr.
GOODE) introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Ways and Means, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives
to make video recordings of the examination and testing of firearms and
ammunition, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Fairness in Firearm Testing Act'.
SEC. 2. VIDEO RECORDING OF EXAMINATION AND TESTING OF FIREARMS AND AMMUNITION
BY THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.
Section 1111 of the Homeland Security Act of 2002 (6 U.S.C. 531) is amended
by adding at the end the following:
`(e) Additional Responsibilities Regarding Examination and Testing of Firearms
and Ammunition-
`(1) VIDEO RECORDING REQUIRED- The Bureau shall make a video recording
of the entire process of the examination and testing by the Bureau of
an item for the purpose of determining, pursuant to section 921(a)(3),
922(o), 922(p), or subsection (a)(3), (a)(4), (d), or (e) of section 925
of title 18, United States Code, or section 5845(a) of the Internal Revenue
Code of 1986, whether the item is a firearm and if so, the type of firearm,
or of determining pursuant to section 921(a)(17) of title 18, United States
Code, whether the item is ammunition, and shall not edit or erase any
recording made pursuant to this paragraph.
`(A) TO OWNERS- On request of a person who claims an ownership interest
in an item with respect to which a recording is made under paragraph
(1), the Bureau shall make available to the person, without charge,
a digital video disc that contains a copy of the recording.
`(B) TO DEFENDANTS- The Bureau shall make available to a defendant in
a criminal proceeding involving an item with respect to which a recording
is made under paragraph (1) a digital video disc that contains a copy
of the recording.
`(3) ADMISSIBILITY AS EVIDENCE- An item which the Bureau has determined
is a firearm or a type of firearm or ammunition pursuant to any provision
of law specified in paragraph (1) shall not be admissible as evidence
in any judicial or administrative proceeding unless--
`(A) the Bureau has complied with paragraph (2) with respect to the
item; or
`(B) such compliance has been waived, in writing, by the person against
whom the item is offered as evidence.'.
END
