[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1603 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1603

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

                             April 13, 2005

 Mr. Gingrey 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.
            ``(2) Availability.--
                    ``(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.''.
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