Veterans' Heritage Firearms Act of 2013 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the Armed Forces stationed outside the continental United States. Grants such an individual limited immunity under the federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession.
Requires the Attorney General to provide clear notice of, and the Secretary of Veterans Affairs (VA) to carry out an outreach program and develop a communications strategy to provide veterans information regarding, the amnesty and registration period.
Requires the Attorney General to: (1) transfer each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it, and (2) publish information identifying each such firearm which is available to be transferred to a museum. Prohibits the Attorney General from destroying any such firearm which has been forfeited until five years after the forfeiture. Requires that any firearm transferred to a qualified museum be registered to the transferee.
Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable state law.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 449 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 449
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
February 1, 2013
Mr. Miller of Florida introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committees on
Ways and Means and Veterans' Affairs, 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
2013''.
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, and businesses of licensed firearms dealers.
(2) VA outreach.--The Secretary of Veterans Affairs, in
consultation with the Attorney General, shall carry out an
outreach program and develop a communications strategy to
provide to veterans information regarding the amnesty period
and registering a firearm during the period, including by
posting notices in facilities of the Department of Veterans
Affairs and on the Internet website of the Department.
(3) 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 paragraphs (1) and (2) and
through the Internet website for the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
(4) 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
180-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''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Veterans' Affairs, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Veterans' Affairs, 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Veterans' Affairs, 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.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
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