[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 442 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 442

  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 HOUSE OF REPRESENTATIVES

                            January 9, 2009

 Mr. Rehberg 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 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 
2009''.

SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.

    (a) Registration.--Subject to such regulations as the Attorney 
General may prescribe, the applicable veteran or a member of the family 
of such a veteran, who owns and possesses a qualifying firearm, may 
register the firearm in the National Firearms Registration and Transfer 
Record (described in section 5841 of the Internal Revenue Code of 1986) 
during the amnesty period.
    (b) Qualifying Firearm.--
            (1) In general.--For purposes of this section, the term 
        ``qualifying firearm'' means any firearm which was acquired--
                    (A) before October 31, 1968; and
                    (B) by a veteran, while the veteran was a member of 
                the Armed Forces and was stationed outside the 
                continental United States.
            (2) 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 paragraph (1).
    (c) Hearings.--If the Attorney General determines that an 
individual may not register a firearm under subsection (a) during the 
amnesty period, the Attorney General, on the request of such 
individual, shall--
            (1) provide the individual any evidence on which the 
        Attorney General's decision is based; and
            (2) promptly hold a hearing to review the determination.
    (d) Limited Immunity.--
            (1) Criminal liability under title 18.--An individual who 
        registers a firearm under subsection (a) of this section--
                    (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 firearm before the date of the enactment of chapter 
                44 of such title and of each provision of that chapter; 
                and
                    (B) shall not be liable for any violation of that 
                chapter which--
                            (i) is based solely on the ownership, 
                        possession, transportation, importation, or 
                        alteration of the firearm by the individual; 
                        and
                            (ii) occurred before or concurrent with the 
                        registration.
            (2) Criminal liability under internal revenue code.--Except 
        as provided in paragraph (3), an individual who registers a 
        firearm under subsection (a) shall not be liable for a 
        violation of chapter 53 or 75 of the Internal Revenue Code of 
        1986 with respect to the firearm which occurred before or 
        concurrent with the registration.
            (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 such a veteran's family 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 
        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 firearm.
    (e) Forfeiture.--A firearm registered under subsection (a) 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 firearm 
which occurred before or concurrent with the registration.
    (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 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 for 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 received during the amnesty period.
    (g) 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 the enactment of this Act.
            (2) Firearm.--The term ``firearm'' has the meaning given 
        the term in section 5845 of the Internal Revenue Code of 1986, 
        except that the term does not include--
                    (A) any device described in subsection (f)(1) of 
                such section; or
                    (B) any combination of parts--
                            (i) designed or intended for use in 
                        converting any device into a device described 
                        in subparagraph (A); or
                            (ii) from which a device described in 
                        subparagraph (A) may be readily assembled.
            (3) Applicable veteran.--The term ``applicable veteran'' 
        means, with respect to a firearm, the veteran referred to in 
        subsection (b)(1) with respect to the firearm.
            (4) Veteran.--The term ``veteran'' has the meaning given 
        such term in section 101(2) of title 38, United States Code.
            (5) Family.--
                    (A) In general.--The term ``family'' means, with 
                respect to a veteran, any grandparent of the veteran or 
                of any spouse of the veteran, any lineal descendant of 
                any such grandparent, and any spouse of any such lineal 
                descendant.
                    (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 treated as the spouse of the individual.
                            (ii) Individuals related by the half blood 
                        or by legal adoption shall be treated as if 
                        they are related by the whole blood.
            (6) Continental united states.--The term ``continental 
        United States'' means the several States and the District of 
        Columbia, but does not include Alaska or Hawaii.

SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.

    (a) Transfer of Forfeited Firearms to Museums.--
            (1) In general.--The Attorney General shall transfer each 
        firearm which has been forfeited to the United States to the 
        first qualified museum that submits a request for the firearm 
        in such form and manner as the Attorney General may specify.
            (2) Destruction of forfeited firearms prohibited.--The 
        Attorney General shall not destroy any firearm which has been 
        forfeited to the United States until the end of the 5-year 
        period beginning on the date of the forfeiture.
            (3) Catalogue of firearms.--With respect to each firearm 
        that is available to be transferred to a museum under paragraph 
        (1), the Attorney General shall, not later than 60 days after 
        the forfeiture of the firearm, publish information which 
        identifies the firearm (including a picture) on the web page of 
        the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The 
        information shall be available to the public without cost and 
        without restriction.
            (4) Registration of firearms.--Any firearm transferred 
        under paragraph (1) to a qualified museum shall be registered 
        to the transferee in the National Firearms Registration and 
        Transfer Record (described in section 5841 of the Internal 
        Revenue Code of 1986).
            (5) Firearm.--In this subsection, the term ``firearm'' 
        means any firearm (as defined in section 2(g)(2) of this Act) 
        which is treated as a curio or relic under chapter 44 of title 
        18, United States Code.
            (6) Qualified museum.--In this subsection, the term 
        ``qualified museum'' means--
                    (A) any museum owned or operated by a unit of 
                Federal, State, or local government; and
                    (B) any museum which--
                            (i) is open to the public;
                            (ii) is incorporated as a not-for-profit 
                        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--
                                    (I) the museum is not engaged in 
                                the trade or business of buying or 
                                selling firearms;
                                    (II) with respect to the transfer 
                                of any firearm under paragraph (1), the 
                                museum is not requesting the transfer 
                                of the firearm for purpose of sale; and
                                    (III) 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 (1) 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.
    (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 
                not-for-profit corporation under applicable State law; 
                or''.
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