[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5005 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5005

   To make technical changes to Federal firearms laws and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2006

Mr. Smith of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To make technical changes to Federal firearms laws 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 ``Firearms Corrections and 
Improvements Act''.

SEC. 2. CORRECTION OF NONSUBSTANTIVE ERROR IN AGE LIMIT PROVISION.

    Section 922(b)(1) of title 18, United States Code, is amended to 
read as follows:
            ``(1) any firearm or ammunition to any individual who the 
        licensee knows or has reasonable cause to believe has not 
        attained 18 years of age, and, if the firearm is other than a 
        shotgun or rifle, or the ammunition is for a firearm other than 
        a shotgun or rifle, to any individual who the licensee knows or 
        has reasonable cause to believe has not attained 21 years of 
        age;''.

SEC. 3. POSSESSION AND TRANSFER OF MACHINEGUNS FOR INDUSTRY TESTING AND 
              SECURITY CONTRACTING.

    (a) Machineguns for Federal Contractors.--Section 922(a)(4) of 
title 18, United States Code, is amended by striking ``except'' and all 
that follows and inserting ``except--
                    ``(A) as specifically authorized by the Attorney 
                General consistent with public safety and necessity; or
                    ``(B) to comply with a contract between any person 
                and the United States which requires that person to 
                provide national security services for the United 
                States or any training related to such services;''.
    (b) Sale or Delivery of Machineguns to Federal Contractors.--
Section 922(b) of such title is amended by adding at the end the 
following: ``Paragraphs (2) and (4) of this subsection shall not apply 
to a sale or delivery to comply with a contract between any person and 
the United States which requires that person to provide national 
security services for the United States or any training related to the 
services.''.
    (c) Post-86 Machineguns for Testing, Research and Development, 
Training, and Security.--Section 922(o) of such title is amended--
            (1) in paragraph (2)--
                    (A) by striking ``or'' at the end of subparagraph 
                (A); and
                    (B) by redesignating subparagraph (B) as 
                subparagraph (E) and inserting after subparagraph (A) 
                the following:
            ``(B) a transfer to, or possession by, a person to comply 
        with a contract between that person and the United States which 
        requires the person to provide national security services for 
        the United States or any training related to the services;
            ``(C) a transfer to, or possession by, a licensed 
        manufacturer or licensed importer solely for testing, research, 
        design, or development of ammunition or a firearm;
            ``(D) a possession by a licensed manufacturer or licensed 
        importer for the purposes of training persons to whom a 
        machinegun, manufactured or imported by the licensee, may be 
        transferred as described in subparagraph (A) or (B); or''; and
            (2) by adding at the end the following:
    ``(3) A person shall not transfer a machinegun to another person in 
the circumstances described in paragraph (2)(B) of this subsection, 
unless the Attorney General has notified the person that the Attorney 
General has determined, based on the fingerprints of such other person 
and on information in the national instant criminal background check 
system established under section 103 of the Brady Handgun Violence 
Prevention Act, that such other person is not prohibited from 
possessing or receiving a firearm under Federal or State law.''.
    (d) Importation of Machineguns.--Section 925(d) of such title is 
amended--
            (1) in paragraph (3), by striking ``or'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; or''; and
            (3) by inserting after paragraph (4) the following:
            ``(5) is imported or brought in for a purpose described in 
        subparagraph (B), (C), or (D) of section 922(o)(2).''.
    (e) Importation Under the National Firearms Act.--Section 5844 of 
the National Firearms Act (26 U.S.C. 5844) is amended--
            (1) in paragraph (3), by inserting ``or'' after the 
        semicolon; and
            (2) by inserting after paragraph (3) the following:
            ``(4) a machinegun being imported or brought in to comply 
        with a contract between any person and the United States which 
        requires the person to provide national security services for 
        the United States or any training related to the services; or
            ``(5) a machinegun being imported or brought in by a 
        registered importer or registered manufacturer for the purposes 
        of training persons who acquire machineguns pursuant to 
        paragraph (1) that were manufactured or imported by the 
        registrant.''.
    (f) National Security Services Defined.--Section 921(a) of such 
title is amended by adding at the end the following:
    ``(36) The term `national security services' means any protective, 
defensive, or security service provided pursuant to a contract or 
subcontract with a department or agency of the United States.''.
    (g) Effective Date.--The amendments made by this section shall take 
effect after the 180-day period that begins with the date of the 
enactment of this Act.

SEC. 4. ELIMINATION OF OBSOLETE LANGUAGE ADDED BY THE BRADY HANDGUN 
              VIOLENCE PREVENTION ACT.

    Section 922 of title 18, United States Code, is amended--
            (1) by striking subsection (s); and
            (2) in subsection (t), by striking ``Beginning'' and all 
        that follows through ``a licensed'' and inserting ``A 
        licensed''.

SEC. 5. BAN ON TAX OR FEE FOR BACKGROUND CHECK BY THE NATIONAL INSTANT 
              CRIMINAL BACKGROUND CHECK SYSTEM.

     Section 922(t) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(7) The Attorney General shall not charge any tax or fee for any 
background check conducted pursuant to this subsection.''.

SEC. 6. ELIMINATION OF WRITTEN PERMISSION REQUIREMENT FOR SUPERVISED 
              HANDGUN USE.

    Section 922(x)(3)(A) of title 18, United States Code, is amended--
            (1) in clause (ii), by striking subclause (II) and 
        inserting the following:
                            ``(II) with respect to ranching or farming 
                        activities, target practice, hunting, or a 
                        course of instruction in the safe and lawful 
                        use of a handgun, as described in clause (i), a 
                        juvenile may possess and use a handgun or 
                        ammunition without the prior written consent, 
                        if the parent or legal guardian is present at 
                        all times and the juvenile acts at the 
                        direction of a parent, legal guardian, or other 
                        adult who is not prohibited by Federal, State, 
                        or local law from possessing a firearm;''; and
            (2) in clause (iii), by inserting ``except as provided in 
        clause (ii)(II),'' after ``(iii)''.

SEC. 7. ELIMINATION OF DUPLICATIVE MULTIPLE SALES REPORT REQUIREMENT.

    Subsection 923(g)(3) of title 18, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``(A)''; and
                    (B) in the 2nd sentence, by striking ``and to the 
                department of State police'' and all that follows 
                through ``took place''; and
            (2) by striking subparagraph (B).

SEC. 8. BAN ON ELECTRONIC RETRIEVAL OF FIREARMS PURCHASER INFORMATION.

     Subsection 923(g)(4) of title 18, United States Code, is amended 
by adding at the end the following: ``The Attorney General shall not 
electronically retrieve information gathered pursuant to this paragraph 
by name or by any personal identification code.''.

SEC. 9. TRACE DISCLOSURE.

     Section 923(g) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(8)(A) Information required to be kept by licensees pursuant to 
this subsection, or required to be reported pursuant to paragraphs (3) 
and (7) of this subsection, and information in the firearms trace 
system database maintained by the National Trace Center of the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives, shall not be--
            ``(i) disclosed to any entity, except to a Federal, State, 
        local, or foreign law enforcement agency or a Federal, State, 
        or local prosecutor solely in connection with and for use in a 
        bona fide criminal investigation or prosecution, and only to 
        the extent that the information pertains to the geographic 
        jurisdiction of the law enforcement agency or prosecutor 
        requesting the disclosure; or
            ``(ii) made available for use in any civil action or 
        proceeding other than--
                    ``(I) an action or proceeding commenced by the 
                Attorney General to enforce this chapter; or
                    ``(II) a review of such an action or proceeding.
    ``(B) The information described in subparagraph (A) shall be immune 
from legal process, shall not be subject to subpoena or other 
discovery, and shall not be admissible as evidence, and testimony or 
other evidence relying on the information shall not be admissible, in 
any civil action in a State or Federal court, or in any administrative 
proceeding other than a proceeding commenced by the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives to enforce this chapter, or a review 
of such an action or proceeding.
    ``(C) This subsection shall not be construed to prevent the 
disclosure of statistical information concerning total production, 
importation, and exportation by each licensed importer and licensed 
manufacturer.''.

SEC. 10. BARREL AND RECEIVER IMPORTATION.

    (a) In General.--Section 925(e) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``, and'' and inserting a 
        period;
            (2) by adding at the end the following:
            ``(3) All frames or receivers of rifles, or barrels for 
        firearms other than handguns, if the importation is for repair 
        or replacement purposes.''.
    (b) Governmental Imports.--Section 925(a)(1) of such title is 
amended by inserting ``, barrel,'' after ``or importation of any 
firearm''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
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