[Congressional Record Volume 150, Number 127 (Friday, October 8, 2004)]
[Senate]
[Page S10858]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself, Mr. Daschle, and Mr. Schumer):
  S. 2966. A bill to amend the Internal Revenue Code of 1986 to provide 
for a nonrefundable tax credit against income tax for individuals who 
purchase a residential safe storage device for the safe storage of 
firearms; to the Committee on Finance.
  Mr. CRAIG. Mr. President, I rise to introduce the Child Safety and 
Home Protection Act of 2004, to provide a limited tax credit for 
individuals who purchase a gun safe to store firearms in their homes. 
Under this legislation, taxpayers would receive a 25 percent credit up 
to $250 for the cost of purchasing, shipping, and installing a gun 
safe.
  We have seen passionate debates in the Senate on political issues 
involving guns, but there is no dispute about the importance of 
preventing firearms accidents and theft. We all want to make sure guns 
do not fall into the hands of people who would mishandle them and cause 
accidental harm, or who intend to abuse them for criminal purposes. 
Responsible gun owners share those concerns and take safety issues 
seriously.
  The firearms industry has responded by offering a variety of devices 
designed to enhance secure storage and safe use of firearms. Gun safes 
have demonstrated their effectiveness in stopping unauthorized access 
to their contents, not only protecting valuable guns but also 
preventing their accidental or criminal misuse.
  With more than 200 million privately-owned firearms in the United 
States, this Nation clearly has an interest in encouraging safe gun 
storage. The Child Safety and Home Protection Act of 2004 serves that 
goal by allowing individuals to keep a little bit of their own hard-
earned dollars to make a key investment in gun safety through the 
purchase and installation of a gun safe.
  I say to all my colleagues: If you believe, as I do, that the right 
to keep and bear arms carries with it a responsibility to use firearms 
safely and lawfully, I hope you will join me in supporting this 
important measure to promote secure gun storage.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2966

       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 ``Child Protection and Home 
     Safety Act of 2004''.

     SEC. 2. CREDIT FOR RESIDENTIAL GUN SAFE PURCHASES.

       (a) In General.--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:

     ``SEC. 25C. PURCHASE OF RESIDENTIAL GUN SAFES.

       ``(a) Allowance of Credit.--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) Limitations.--
       ``(1) Maximum credit.--The credit allowed under subsection 
     (a) with respect to any qualified residential gun safe shall 
     not exceed $250.
       ``(2) Carryforward of unused credit.--If 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 Safe.--For purposes of this 
     section, the term `qualified residential gun safe' means any 
     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. For purposes of the preceding 
     sentence, compliance with such performance standard must be 
     established by objective testing.
       ``(d) Special Rules.--
       ``(1) Denial of double benefit.--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 return.--If 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.--Marital status shall be determined 
     in accordance with section 7703.
       ``(e) Election To Have Credit Not Apply.--A taxpayer may 
     elect to have this section not apply for any taxable year.
       ``(f) Regulations.--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) Statutory construction.--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) Evidence.--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) Use of Information.--No database identifying gun 
     owners may be created using information from tax returns on 
     which the credit under this section is claimed.''.
       (b) Conforming Amendment.--Section 6501(m) of the Internal 
     Revenue Code of 1986 is amended by inserting ``25C(e),'' 
     before ``30(d)(4),''.
       (c) Clerical Amendment.--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:

``25C. Purchase of residential gun safes.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2003.
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