[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 798 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 798

  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 SENATE OF THE UNITED STATES

                             April 12, 2011

  Mr. Tester (for himself, Mr. McCain, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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 
2011''.

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

    (a) 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 enactment of this Act.
            (2) Applicable veteran.--The term ``applicable veteran'' 
        means, with respect to a firearm, the veteran referred to in 
        paragraph (7)(A) with respect to the firearm.
            (3) Continental united states.--The term ``continental 
        United States''--
                    (A) means the several States and the District of 
                Columbia; and
                    (B) does not include Alaska or Hawaii.
            (4) Family.--
                    (A) In general.--The term ``family'' means, with 
                respect to a veteran--
                            (i) a grandparent of the veteran;
                            (ii) the spouse of the veteran;
                            (iii) a lineal descendant of a grandparent 
                        described in clause (i); and
                            (iv) the spouse of a lineal descendant 
                        described in clause (iv).
                    (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 deemed to be the spouse of the individual; 
                        and
                            (ii) an individual shall be deemed to be a 
                        lineal descendant of a grandparent of a veteran 
                        if the individual is--
                                    (I) the biological child of an 
                                individual who is the spouse of a 
                                lineal descendant of the grandparent;
                                    (II) adopted by a lineal descendant 
                                of the grandparent; or
                                    (III) a lineal descendant of an 
                                individual described in subclause (I) 
                                or (II).
            (5) Firearm.--The term ``firearm''--
                    (A) has the meaning given the term in section 5845 
                of the Internal Revenue Code of 1986; and
                    (B) does not include--
                            (i) any device described in section 
                        5845(f)(1) of the Internal Revenue Code of 
                        1986; or
                            (ii) any combination of parts--
                                    (I) designed or intended for use in 
                                converting any device into a device 
                                described in clause (i); or
                                    (II) from which a device described 
                                in clause (i) may be readily assembled.
            (6) National firearms registration and transfer record.--
        The term ``National Firearms Registration and Transfer Record'' 
        means the National Firearms Registration and Transfer Record 
        established under section 5841 of the Internal Revenue Code of 
        1986.
            (7) Qualifying firearm.--
                    (A) In general.--The term ``qualifying firearm'' 
                means any firearm that was acquired--
                            (i) before October 31, 1968; and
                            (ii) by a veteran, while the veteran was--
                                    (I) a member of the Armed Forces; 
                                and
                                    (II) stationed outside the 
                                continental United States.
                    (B) 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 subparagraph (A).
            (8) Veteran.--The term ``veteran'' has the meaning given 
        that term in section 101(2) of title 38, United States Code.
    (b) Registration.--Subject to such regulations as the Attorney 
General may prescribe, during the amnesty period an applicable veteran 
or a member of the family of the applicable veteran who owns and 
possesses a qualifying firearm may register the qualifying firearm in 
the National Firearms Registration and Transfer Record.
    (c) Hearings.--If the Attorney General determines that an 
individual may not register a firearm under subsection (b) during the 
amnesty period, the Attorney General, on the request of the individual, 
shall--
            (1) provide the individual any evidence on which the 
        decision by the Attorney General 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 qualifying firearm under subsection (b)--
                    (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 qualifying firearm before the date of the enactment 
                of chapter 44 of such title and of each provision of 
                such chapter; and
                    (B) shall not be liable for any violation of such 
                chapter that--
                            (i) is based solely on the ownership, 
                        possession, transportation, importation, or 
                        alteration of the qualifying firearm by the 
                        individual; and
                            (ii) occurred at or before the time at 
                        which the individual registered the qualifying 
                        firearm.
            (2) Criminal liability under internal revenue code.--Except 
        as provided in paragraph (3), an individual who registers a 
        qualifying firearm under subsection (b) shall not be liable for 
        a violation of chapter 53 or 75 of the Internal Revenue Code of 
        1986 with respect to the qualifying firearm that occurred at or 
        before the time at which the individual registered the 
        qualifying firearm.
            (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 the family of the applicable veteran 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 qualifying 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 qualifying firearm.
    (e) Forfeiture.--A qualifying firearm registered under subsection 
(b) 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 qualifying firearm that occurred at or before the time at which the 
individual registered the firearm.
    (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 qualifying 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 of 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 being received during the amnesty period.

SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.

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