S 798
112th CONGRESS
1st Session
S. 798
To provide an amnesty period during which veterans and their
family members can register certain firearms in the National Firearms
Registration and Transfer Record, and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 12, 2011
Mr. TESTER (for himself, Mr. MCCAIN, and Mr. LEAHY) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
A BILL
To provide an amnesty period during which veterans and their
family members can register certain firearms in the National Firearms
Registration and Transfer Record, 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 `Veterans' Heritage Firearms Act of 2011'.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Definitions- In this section:
(1) AMNESTY PERIOD- The term `amnesty period' means the 90-day period
beginning on the date that is 90 days after the date of enactment
of this Act.
(2) APPLICABLE VETERAN- The term `applicable veteran' means, with
respect to a firearm, the veteran referred to in paragraph (7)(A)
with respect to the firearm.
(3) CONTINENTAL UNITED STATES- The term `continental United States'--
(A) means the several States and the District of Columbia; and
(B) does not include Alaska or Hawaii.
(A) IN GENERAL- The term `family' means, with respect to a veteran--
(i) a grandparent of the veteran;
(ii) the spouse of the veteran;
(iii) a lineal descendant of a grandparent described in clause
(i); and
(iv) the spouse of a lineal descendant described in clause (iv).
(B) SPECIAL RULES- For purposes of subparagraph (A)--
(i) a spouse of an individual who is legally separated from the
individual under a decree of divorce or separate maintenance shall
be deemed to be the spouse of the individual; and
(ii) an individual shall be deemed to be a lineal descendant of
a grandparent of a veteran if the individual is--
(I) the biological child of an individual who is the spouse
of a lineal descendant of the grandparent;
(II) adopted by a lineal descendant of the grandparent; or
(III) a lineal descendant of an individual described in subclause
(I) or (II).
(5) FIREARM- The term `firearm'--
(A) has the meaning given the term in section 5845 of the Internal
Revenue Code of 1986; and
(i) any device described in section 5845(f)(1) of the Internal
Revenue Code of 1986; or
(ii) any combination of parts--
(I) designed or intended for use in converting any device into
a device described in clause (i); or
(II) from which a device described in clause (i) may be readily
assembled.
(6) NATIONAL FIREARMS REGISTRATION AND TRANSFER RECORD- The term `National
Firearms Registration and Transfer Record' means the National Firearms
Registration and Transfer Record established under section 5841 of
the Internal Revenue Code of 1986.
(A) IN GENERAL- The term `qualifying firearm' means any firearm
that was acquired--
(i) before October 31, 1968; and
(ii) by a veteran, while the veteran was--
(I) a member of the Armed Forces; and
(II) stationed outside the continental United States.
(B) PRESUMPTION OF VALIDITY- In the absence of clear and convincing
evidence to the contrary, the Attorney General shall accept as true
and accurate any affidavit, document, or other evidence submitted
by an individual to establish that a firearm meets the requirements
of subparagraph (A).
(8) VETERAN- The term `veteran' has the meaning given that term in
section 101(2) of title 38, United States Code.
(b) Registration- Subject to such regulations as the Attorney General
may prescribe, during the amnesty period an applicable veteran or a
member of the family of the applicable veteran who owns and possesses
a qualifying firearm may register the qualifying firearm in the National
Firearms Registration and Transfer Record.
(c) Hearings- If the Attorney General determines that an individual
may not register a firearm under subsection (b) during the amnesty period,
the Attorney General, on the request of the individual, shall--
(1) provide the individual any evidence on which the decision by the
Attorney General is based; and
(2) promptly hold a hearing to review the determination.
(1) CRIMINAL LIABILITY UNDER TITLE 18- An individual who registers
a qualifying firearm under subsection (b)--
(A) shall be treated, for purposes of subsections (a)(3) and (o)
of section 922 of title 18, United States Code, as having lawfully
acquired and possessed the qualifying firearm before the date of
the enactment of chapter 44 of such title and of each provision
of such chapter; and
(B) shall not be liable for any violation of such chapter that--
(i) is based solely on the ownership, possession, transportation,
importation, or alteration of the qualifying firearm by the individual;
and
(ii) occurred at or before the time at which the individual registered
the qualifying firearm.
(2) CRIMINAL LIABILITY UNDER INTERNAL REVENUE CODE- Except as provided
in paragraph (3), an individual who registers a qualifying firearm
under subsection (b) shall not be liable for a violation of chapter
53 or 75 of the Internal Revenue Code of 1986 with respect to the
qualifying firearm that occurred at or before the time at which the
individual registered the qualifying firearm.
(3) TRANSFER TAX LIABILITY- Paragraph (2) shall not affect the liability
of any individual for any transfer tax imposed under section 5811
of the Internal Revenue Code of 1986.
(4) ATTEMPTS TO REGISTER- In the case of an applicable veteran or
a member of the family of the applicable veteran who attempts to register
a qualifying firearm in the National Firearms Registration and Transfer
Record at a time other than during the amnesty period, paragraphs
(1), (2), and (3) shall apply with respect to the individual if the
individual surrenders the qualifying firearm to a law enforcement
agency not later than 30 days after notification by the Attorney General
of potential criminal liability for continued possession of the qualifying
firearm.
(e) Forfeiture- A qualifying firearm registered under subsection (b)
shall not be subject to seizure or forfeiture under chapter 53 or 75
of the Internal Revenue Code of 1986 or chapter 44 of title 18, United
States Code, for a violation of any such chapter with respect to the
qualifying firearm that occurred at or before the time at which the
individual registered the firearm.
(f) Notice; Forms; Mailbox Rule-
(1) NOTICE OF AMNESTY PERIOD- The Attorney General shall provide clear
printed notices providing information regarding the amnesty period
and registering a qualifying firearm during the period. To the extent
feasible, the Attorney General shall ensure that the notices are posted
in post offices, law enforcement buildings, buildings of the Department
of Veterans Affairs, and businesses of licensed firearms dealers.
(2) FORMS- The Attorney General shall make available any forms necessary
for registering a firearm in the National Firearms Registration and
Transfer Record. To the extent feasible, the Attorney General shall
make such forms available in the locations referred to in paragraph
(1) and through the website of the Bureau of Alcohol, Tobacco, Firearms,
and Explosives.
(3) MAILBOX RULE- For purposes of this section, the Attorney General
shall treat any form that is postmarked during the amnesty period
as being received during the amnesty period.
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.
(a) Transfer of Forfeited Curio or Relic Firearms to Museums-
(1) DEFINITIONS- In this subsection:
(A) CURIO OR RELIC FIREARM- The term `curio or relic firearm' means
any firearm (as defined in section 2(a)(5)) that is treated as a
curio or relic under chapter 44 of title 18, United States Code.
(B) QUALIFIED MUSEUM- The term `qualified museum' means--
(i) any museum owned or operated by the Federal Government or
a State or local government; and
(I) is open to the public;
(II) is incorporated as a nonprofit corporation under applicable
State law;
(III) may possess a firearm in the collection of the museum
under the laws of the State in which the collection is displayed;
(IV) holds a license under chapter 44 of title 18, United States
Code, as a collector of curios or relics; and
(V) certifies to the Attorney General that--
(aa) the museum is not engaged in the trade or business of
buying or selling curio or relic firearms;
(bb) with respect to the transfer of any curio or relic firearm
under paragraph (2), the museum is not requesting the transfer of the
curio or relic firearm for purpose of sale; and
(cc) the museum shall, not later than 90 days after the museum
ceases operations, file an application pursuant to chapter 53 of the
Internal Revenue Code of 1986 to transfer any machinegun transferred
to the museum under paragraph (2) to an entity or person who may lawfully
possess the machinegun under section 922(o) of title 18, United States
Code, or abandon the machinegun to Federal, State, or local law enforcement
authorities.
(2) TRANSFER- The Attorney General shall transfer each curio or relic
firearm that is forfeited to the United States to the first qualified
museum that submits a request for the curio or relic firearm in such
form and manner as the Attorney General may specify.
(3) DESTRUCTION OF FORFEITED CURIO OR RELIC FIREARMS PROHIBITED- The
Attorney General shall not destroy any curio or relic firearm that
is forfeited to the United States until the end of the 5-year period
beginning on the date of the forfeiture.
(4) CATALOGUE OF CURIO OR RELIC FIREARMS- With respect to each curio
or relic firearm that is available to be transferred to a qualified
museum under paragraph (2), the Attorney General shall, not later
than 60 days after the date of the forfeiture of the curio or relic
firearm, publish information which identifies the curio or relic firearm
(including a picture) on the website of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives. The information shall be available to the
public without cost and without restriction.
(5) REGISTRATION OF CURIO OR RELIC FIREARMS- Any curio or relic firearm
transferred under paragraph (2) to a qualified museum shall be registered
to the transferee in the National Firearms Registration and Transfer
Record.
(b) Transfer of Machineguns to Museums- Section 922(o)(2) of title 18,
United States Code, is amended--
(1) in subparagraph (A), by striking `or' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following:
`(B) a transfer to or by, or possession by, a museum that is open
to the public and incorporated as a nonprofit corporation under
applicable State law; or'.
END
