[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3954 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3954

 To clarify the standard required for the importation of sporting arms 
            into the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 1998

   Mr. Barr of Georgia (for himself, Mr. Hayworth, Mr. Mollohan, Mr. 
  Stenholm, Mr. Herger, Mr. Boucher, Mr. Hastings of Washington, Mr. 
     Sessions, Mr. Barton of Texas, Mr. Bunning, Mr. Norwood, Mr. 
 Cunningham, Mr. Stump, Mr. Brady of Texas, Mr. Crapo, Mr. Cannon, Mr. 
Nethercutt, Mr. Goode, Mr. Wise, Mr. Barcia, Mr. Watts of Oklahoma, Mr. 
 Ehrlich, Mr. Crane, Mr. Ney, Mr. Young of Alaska, and Mr. Bartlett of 
  Maryland) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To clarify the standard required for the importation of sporting arms 
            into the United States, 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 ``Consumer's Choice Protection Act of 
1998''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Citizens have a right, under the Second Amendment to 
        the United States Constitution, to keep and bear arms. The Gun 
        Control Act of 1968 and the Firearms Owners Protection Act of 
        1986 were not enacted by Congress with the intent of 
        frustrating the free exercise of that right, including giving 
        law abiding firearms owners the widest possible consumer choice 
        in firearms types and models.
            (2) The Congress has only twice in the Nation's history, in 
        1934 and in 1994, elected to limit, restrict, or prohibit the 
        type of firearm a law abiding citizen may own. Of the 2 
        actions, the last one by Congress in 1994 was only taken after 
        a long and very divisive debate, resulting in passage of the 
        restrictions by only a very few votes. Subsequently in 1996, 
        the House of Representatives, but not the Senate, passed a 
        measure to repeal the 1994 ownership restrictions.
            (3) The Secretary of the Treasury, pursuant to section 
        925(d) of title 18, United States Code, is charged by Congress 
        to approve the importation of firearms into the United States 
        for private ownership if such firearms are determined to be for 
        ``sporting purposes''.
            (4) The executive branch has interpreted ``sporting 
        purposes'' in a narrow and obstructive manner, impeding 
        firearms imports over the years, interfering with the 
        citizenry's constitutional rights, and diminishing consumer 
        choice to the point where the current administration has 
        clearly and forcefully indicated its intent to ban the 
        importation of firearms that are not only lawful to own if 
        domestically produced in the United States, but otherwise meet 
        the criteria that the Congress and the current administration 
        defined in 1994 for a lawful firearm.
    (b) Purpose.--The purposes of this Act are as follows:
            (1) To clarify the standard used to import firearms into 
        the United States.
            (2) To make it clear that firearms imports may not be 
        subject to discriminatory treatment, and that citizens should 
        retain the choice to own and use such firearms for all lawful 
        purposes, including hunting, self defense, collecting, 
        competitive shooting, or plinking.
            (3) To prevent the further impediment of commerce by 
        providing for a fast track consideration of import permits.

SEC. 3. MODIFICATION OF STANDARD FOR IMPORTATION OF FIREARMS.

    (a) In General.--Section 925(d) of title 18, United States Code, is 
amended to read as follows:
    ``(d)(1) Within 30 days after the Secretary receives an application 
therefor, the Secretary shall authorize a firearm or ammunition to be 
imported or brought into the United States or any possession thereof if 
the firearm or ammunition--
            ``(A) is being imported or brought in for scientific or 
        research purposes, or is for use in connection with competition 
        or training pursuant to chapter 401 of title 10;
            ``(B) is an unserviceable firearm, other than a machinegun 
        as defined in section 5845(b) of the Internal Revenue Code of 
        1986 (not readily restorable to firing condition), imported or 
        brought in as a curio or museum piece;
            ``(C) is not--
                    ``(i) a firearm (as defined in section 5845(a) of 
                the Internal Revenue Code of 1986); or
                    ``(ii) subject to the prohibition of section 922(v) 
                of this title,
        and if the Secretary has denied an application to import a 
        firearm pursuant to this subparagraph, it shall be unlawful to 
        import any frame, receiver, or barrel of such firearm which 
        would be prohibited if assembled; or
            ``(D) was previously taken out of the United States or a 
        possession by the person who is bringing in the firearm or 
        ammunition.
    ``(2) Within 30 days after the Secretary receives an application 
therefor, the Secretary shall permit the conditional importation or 
bringing in of a firearm or ammunition for examination and testing in 
connection with the making of a determination as to whether the 
importation or bringing in of such firearm or ammunition will be 
allowed under this subsection.''.
    (b) Conforming Amendment.--Section 922(r) of such title is amended 
by striking ``925(d)(3)'' and inserting ``925(d)(1)(C)''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply to applications pending 
on or after October 1, 1998.
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