[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4972 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4972

 To revise various laws that interfere with the lawful use of firearms 
              and to promote America's firearms heritage.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

Ms. Lummis (for herself, Mr. Barrasso, and Mrs. Hyde-Smith) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL


 
 To revise various laws that interfere with the lawful use of firearms 
              and to promote America's firearms heritage.

    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 ``Lawful Purpose and Historical 
Firearms Act''.

SEC. 2. RETURN OF HISTORICAL FIREARMS AND AMENDMENTS TO ARMS EXPORT 
              CONTROL ACT.

    (a) In General.--Section 38 of the Arms Export Control Act (22 
U.S.C. 2778) is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
    ``(4) Notwithstanding any other provision of this title, no officer 
or employee of the United States shall deny the importation of firearms 
or ammunition into the United States unless the firearm or ammunition 
is located or manufactured in a country for which--
            ``(A) it is the policy of the United States to deny 
        licenses and other approvals with respect to defense articles 
        and defense services originating in that country; or
            ``(B) the United States maintains an arms embargo.''; and
            (2) in subsection (b)(1)--
                    (A) in subparagraph (B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``subparagraph (A)'' and inserting 
                        ``subparagraph (A)(i)'';
                            (ii) in clause (i), by striking ``Secretary 
                        of the Treasury'' and inserting ``Attorney 
                        General''; and
                            (iii) by striking clause (ii) and inserting 
                        the following:
            ``(ii) the person seeking to export such firearms to the 
        United States certifies to the Attorney General that the 
        firearms are lawfully possessed by the exporter under the laws 
        of the exporting country.''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(D) Notwithstanding any other provision of law or regulation, any 
such firearms described in subparagraph (B) (other than machine guns 
imported for purposes other than those set forth in section 5855 of the 
Internal Revenue Code of 1986) may be imported into the United States 
by an importer licensed under the provisions of chapter 44 of title 18, 
United States Code, without the importer or the person described in 
subparagraph (B)(ii)--
            ``(i) obtaining authorization from the Department of State 
        or the Department of Defense for the transfer of such firearms 
        by the person to the importer; or
            ``(ii) providing payment to the Department of State or the 
        Department of Defense of any of the proceeds of the transfer of 
        such firearms by the person to the importer.''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
the importation of firearms described in section 38(b)(1)(B) of the 
Arms Export Control Act (as amended by subsection (a) of this section) 
on or after the date of the enactment of this Act.

SEC. 3. TRANSFERS OF NATIONAL FIREARMS ACT FIREARMS TO MUSEUMS.

    (a) Exemption From Payment of National Firearms Act Tax for 
Firearms Transferred to Museums.--Part II of subchapter B of chapter 53 
of subtitle E of the Internal Revenue Code of 1986 is amended by adding 
at the end the following:

``SEC. 5855. EXEMPTION FROM TRANSFER TAX FOR TRANSFERS TO MUSEUMS.

    ``(a) In General.--Any firearm may be transferred to a museum 
without payment of the transfer tax imposed by section 5811 or issuance 
of a stamp required pursuant to section 5812, provided that such 
firearm is--
            ``(1) appropriately secured for display by such museum, and
            ``(2) transferred to and possessed by such museum for--
                    ``(A) the purpose of display to the public,
                    ``(B) preservation of a historical artifact, or
                    ``(C) research purposes.
    ``(b) Definitions.--In this section--
            ``(1) Appropriately secured for display.--
                    ``(A) In general.--The term `appropriately secured 
                for display' means, with respect to a firearm--
                            ``(i) storage which is specifically 
                        designed to prevent the theft or 
                        misappropriation of such firearm, or
                            ``(ii) modification of such firearm in a 
                        manner which will prevent the functioning of 
                        such firearm.
                    ``(B) Discretion.--For purposes of subparagraph 
                (A), a museum shall have reasonable discretion with 
                respect to the storage or modification of a firearm, 
                which shall include, to the greatest extent possible, 
                preservation of the historical, educational, or 
                cultural value of such firearm.
            ``(2) Museum.--The term `museum' means an organization 
        described in section 501(c)(3) and exempt from tax under 
        section 501(a) which--
                    ``(A) stores, preserves, and exhibits--
                            ``(i) objects of art, history, science, or
                            ``(ii) other objects of historical, 
                        educational or cultural value,
                    ``(B) with respect to objects described in 
                subparagraph (A), stores, preserves, and exhibits such 
                objects on a permanent basis in a building, portion of 
                a building, or outdoor location, and
                    ``(C) provides museum services to the public on a 
                regular basis.
    ``(c) Rule of Construction.--Except in the case of a museum 
electing to modify a firearm pursuant to subsection (b)(1)(A)(ii), 
nothing in this section shall be construed to require any firearm which 
is lawfully registered and possessed pursuant to the provisions of this 
chapter to be modified to prevent the functioning of such firearm.''.
    (b) Amendments to Firearm Owners' Protection Act.--Section 
922(o)(2) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(C) a transfer of a machinegun to, or possession of a 
        machinegun by, a museum in accordance with section 5855 of the 
        Internal Revenue Code of 1986.''.
    (c) Technical Amendment.--The table of sections for part II of 
subchapter B of chapter 53 of subtitle E of the Internal Revenue Code 
of 1986 is amended by adding at the end the following new item:

``Sec. 5855. Exemption from transfer tax for transfers to museums.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act.

SEC. 4. IMPORTATION OF CERTAIN NATIONAL FIREARMS ACT FIREARMS.

    (a) In General.--Section 5844 of the Internal Revenue Code of 1986 
is amended to read as follows:

``SEC. 5844. IMPORTATION.

    ``(a) In General.--Subject to subsection (b), no firearm shall be 
imported or brought into the United States or any territory under its 
control or jurisdiction unless the importer--
            ``(1) is a licensed importer (as defined in section 
        921(a)(9) of title 18, United States Code),
            ``(2) has paid the special (occupational) tax required by 
        section 5801 for their business, and
            ``(3) has registered as required by section 5802.
    ``(b) Nonapplication to Machineguns.--In the case of a firearm 
which is a machinegun, such firearm shall not be imported or brought 
into the United States or any territory under its control or 
jurisdiction unless the importer establishes that such firearm--
            ``(1) is being imported or brought in for the purposes set 
        forth in section 5855(a), or
            ``(2) complies with the requirements established under this 
        section (as well as any regulations prescribed by the 
        Secretary) as in effect on the day before the date of the 
        enactment of the Lawful Purpose and Historical Firearms Act.
    ``(c) No Additional Requirements.--Other than the requirements 
described in paragraphs (1), (2), and (3) of subsection (a) and 
subsection (b), the Secretary shall not establish any additional 
requirements or conditions through any regulation or other guidance 
with respect to the importation of firearms into the United States or 
any territory under its control or jurisdiction.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act.

SEC. 5. PROTECTION OF SHOTGUNS, SHOTGUN SHELLS, AND LARGE CALIBER 
              RIFLES FROM ARBITRARY CLASSIFICATION AS ``DESTRUCTIVE 
              DEVICES''.

    (a) Amendments to the National Firearms Act.--Section 5845(f) of 
the Internal Revenue Code of 1986 is amended--
            (1) in paragraph (2) of the first sentence, by striking 
        ``recognized as particularly suitable for sporting purposes'' 
        and inserting ``recognized as suitable for lawful purposes''; 
        and
            (2) in the second sentence, by striking ``use solely for 
        sporting purposes'' and inserting ``use for lawful purposes''.
    (b) Amendments to Title 18, United States Code.--Section 921(a)(4) 
of title 18, United States Code, is amended--
            (1) in subparagraph (B) of the 1st sentence, by striking 
        ``particularly suitable for sporting'' and inserting ``suitable 
        for lawful''; and
            (2) in the 2nd sentence, by striking ``solely''.

SEC. 6. RIFLE AND SHOTGUN AMMUNITION.

    Section 921(a)(17) of title 18, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) in clause (i), by striking ``may be used'' and 
                inserting ``is designed and intended by the 
                manufacturer or importer for use''; and
                    (B) in clause (ii), by inserting ``by the 
                manufacturer or importer'' before ``for use''; and
            (2) in subparagraph (C), by striking ``the Attorney General 
        finds is primarily intended to be used for sporting purposes'' 
        and inserting ``is primarily intended by the manufacturer or 
        importer to be used in a rifle or shotgun, a handgun projectile 
        that is designed and intended by the manufacturer or importer 
        to be used for hunting, recreational, or competitive 
        shooting''.

SEC. 7. TEMPORARY INTERSTATE LOANS FOR ALL LAWFUL PURPOSES; ELIMINATION 
              OF RESTRICTIONS ON IMPORTATION OF FIREARMS OR AMMUNITION 
              THAT MAY OTHERWISE BE LAWFULLY POSSESSED AND SOLD IN THE 
              UNITED STATES.

    (a) Elimination of Prohibitions.--Section 922 of title 18, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5)(B), by striking ``sporting'';
                    (B) in paragraph (6), by adding ``or'' at the end;
                    (C) by striking paragraphs (7) and (8);
                    (D) by redesignating paragraph (9) as paragraph 
                (7); and
                    (E) in paragraph (7), as so redesignated, by 
                striking ``sporting'';
            (2) in subsection (b)(3)(B), by striking ``sporting''; and
            (3) by striking subsection (r).
    (b) Licensing.--Section 923(e) of title 18, United States Code, is 
amended by striking ``The Attorney General may, after notice and 
opportunity for hearing, revoke the license of a dealer who willfully 
transfers armor piercing ammunition.''.
    (c) Broadening of Exceptions.--
            (1) In general.--Section 925 of title 18, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (3), by striking 
                        ``determined'' and all that follows through the 
                        end and inserting ``intended for the lawful 
                        personal use of such member or club.''; and
                            (ii) in paragraph (4), by striking ``(A)'' 
                        and all that follows through ``for the'' and 
                        inserting ``intended for the lawful''; and
                    (B) by striking subsections (d), (e), and (f) and 
                inserting the following:
    ``(d)(1) Not later than 30 days after the Attorney General receives 
an application therefor, the Attorney General shall authorize a firearm 
or ammunition to be imported or brought into the United States or any 
possession thereof if--
            ``(A) the firearm or ammunition is being imported or 
        brought in for scientific, research, testing, or 
        experimentation purposes;
            ``(B) the firearm is an unserviceable firearm (other than a 
        machinegun as defined in section 5845(b) of the Internal 
        Revenue Code of 1986 that is readily restorable to firing 
        condition);
            ``(C) except as otherwise provided by this paragraph or 
        another provision of law, the firearm is not a machinegun, as 
        defined in section 5845(b) of the Internal Revenue Code of 
        1986;
            ``(D) the ammunition is not armor piercing ammunition (as 
        defined in section 921(a)(17)(B) of this title), unless 
        subparagraph (A), (E), (F), or (G) of this paragraph applies;
            ``(E) the firearm or ammunition is being imported or 
        brought in for the use of the United States, any department or 
        agency of the United States, any State, or any department, 
        agency, or political subdivision of a State;
            ``(F) the firearm or ammunition is being imported or 
        brought in for the purpose of exportation;
            ``(G) the firearm or ammunition was previously taken out of 
        the United States or a possession thereof by the person who is 
        bringing in the firearm or ammunition;
            ``(H) the firearm is a firearm defined as curio or relic by 
        the Attorney General under section 921(a)(13) of this title; or
            ``(I) the firearm is being imported or brought in by a 
        museum (as defined in section 5855 of the Internal Revenue Code 
        of 1986) for the purpose of display to the public or for 
        research purposes, including the importation of a machinegun 
        for a purpose described in section 5855 of the Internal Revenue 
        Code of 1986.
    ``(2) Not later than 30 days after the Attorney General receives an 
application therefor, the Attorney General shall permit the conditional 
importation or bringing in of a firearm or ammunition for examination 
and testing in connection with the making of a determination as to 
whether the importation or bringing in of the firearm or ammunition 
will be allowed under this subsection.
    ``(3) The Attorney General shall not authorize, under this 
subsection, the importation of any firearm the importation of which is 
prohibited by section 922(p).''.
            (2) Conforming amendment.--Section 922(l) of title 18, 
        United States Code, is amended by striking ``925(d) of this 
        chapter'' and inserting ``925''.
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