1.This Act may be cited as the
Child Protection and Home Safety Act
of 2005
.
2.Credit for residential
gun safe purchases
(a)Subpart A of part IV
of subchapter A of
chapter
1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after section 25B the
following new section:
25C.Purchase of
residential gun safes
(a)In the case of an
individual, there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 25 percent of the amount paid
or incurred by the taxpayer during such taxable year for the purchase of a
qualified residential gun safe.
(b)
(1)The credit allowed
under subsection (a) with respect to any qualified residential gun safe shall
not exceed $250.
(2)Carryforward of
unused creditIf the credit
allowable under subsection (a) for any taxable year exceeds the limitation
imposed by section 26(a) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section and section 23),
such excess shall be carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such taxable year. No credit may be
carried forward under this subsection to any taxable year following the third
taxable year after the taxable year in which the purchase or purchases are
made. For purposes of the preceding sentence, credits shall be treated as used
on a first-in first-out basis.
(c)Qualified
residential gun safeFor
purposes of this section, the term qualified residential gun safe
means a container not intended for the display of firearms which is
specifically designed to store or safeguard firearms from unauthorized access
and which meets a performance standard for an adequate security level
established by objective testing.
(d)
(1)No deduction shall be
allowed under this chapter with respect to any expense which is taken into
account in determining the credit under this section.
(2)Married couples
must file joint returnIf the
taxpayer is married at the close of the taxable year, the credit shall be
allowed under subsection (a) only if the taxpayer and taxpayer’s spouse file a
joint return for the taxable year.
(3)Marital status shall
be determined in accordance with section 7703.
(e)Election to have
credit not applyA taxpayer
may elect to have this section not apply for any taxable year.
(f)The Secretary shall prescribe such
regulations as may be necessary to ensure that residential gun safes qualifying
for the credit meet design and performance standards sufficient to ensure the
provisions of this section are carried out.
(g)Statutory
construction; evidence; use of information
(1)Nothing in this
section shall be construed—
(A)as creating a cause of action against any
firearms dealer or any other person for any civil liability, or
(B)as establishing any standard of
care.
(2)Notwithstanding any other provision of law,
evidence regarding the use or nonuse by a taxpayer of the tax credit under this
section shall not be admissible as evidence in any proceeding of any court,
agency, board, or other entity for the purposes of establishing liability based
on a civil action brought on any theory for harm caused by a product or by
negligence, or for purposes of drawing an inference that the taxpayer owns a
firearm.
(3)No database
identifying gun owners may be created using information from tax returns on
which the credit under this section is
claimed.
.
(b)Section 6501(m) of
the Internal Revenue Code of 1986 is amended by inserting
25C(e),
before 30(d)(4),
.
(c)The table of
sections for subpart A of part IV of subchapter A of chapter I of the Internal
Revenue Code of 1986 is amended by inserting after the item relating to section
25B the following new item:
Sec. 25C. Purchase of
residential gun
safes.
.
(d)The amendments made by
this section shall apply to taxable years beginning after December 31,
2004.