HR 126
112th CONGRESS
1st Session
H. R. 126
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
January 5, 2011
Mr. GINGREY of Georgia (for himself, Mrs. BACHMANN, Mr. BARTLETT, Mr. BISHOP
of Georgia, Mrs. BLACKBURN, Mr. BURTON of Indiana, Mr. CARTER, Mr. CONAWAY,
Mr. FRANKS of Arizona, Mr. GOHMERT, Mr. SAM JOHNSON of Texas, Mr. KLINE, Mr.
MARCHANT, Mr. PAUL, Mr. ROE of Tennessee, Mr. ROGERS of Alabama, Mr. ROSS
of Arkansas, Mr. WESTMORELAND, and Mr. YOUNG of Alaska) 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
