Posted on 05/07/2005 12:40:33 PM PDT by Richard-SIA
Veterans' Heritage Firearms Act of 2005 (Introduced in House) HR 2088 IH
109th CONGRESS 1st Session H. R. 2088
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
May 4, 2005
Mr. GIBBONS (for himself, Mr. OTTER, Mr. KENNEDY of Minnesota, Mr. SESSIONS, Mr. JONES of North Carolina, Mr. MILLER of Florida, Mr. CANNON, Mr. BURTON of Indiana, Mr. GOODE, Mr. KINGSTON, Mr. BRADLEY of New Hampshire, Mr. TERRY, Mr. BAKER, Mr. WHITFIELD, Mr. BARRETT of South Carolina, Mr. BACHUS, Mr. BOOZMAN, Mr. TIBERI, Mr. BISHOP of Utah, Mr. WILSON of South Carolina, Mr. BARTON of Texas, Mr. DUNCAN, Mr. SHUSTER, Mr. HOSTETTLER, Mr. MCCOTTER, Mr. HEFLEY, Mr. ISSA, Mr. SIMPSON, Mr. TANCREDO, Mr. SHIMKUS, Mr. PEARCE, Mr. KING of Iowa, Mr. PETERSON of Pennsylvania, Mr. SALAZAR, Mr. KUHL of New York, Mr. HALL, Mr. MOLLOHAN, Mr. FRANKS of Arizona, Mr. SOUDER, Mr. ROGERS of Alabama, Mr. AKIN, Mr. BURGESS, Mr. CRAMER, Mr. CUNNINGHAM, Mr. BARTLETT of Maryland, Mr. ROSS, Mrs. EMERSON, Mr. HUNTER, Mr. TAYLOR of Mississippi, Mr. DEAL of Georgia, Mr. HERGER, Mr. FEENEY, Mr. LEWIS of Kentucky, and Mr. CALVERT) 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 2005'. 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 such a veteran's family, who owns and possesses a qualifying firearm, may register such 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 such veteran was a member of the Armed Forces and was stationed outside the continental United States.
(2) PRESUMPTION OF VALIDITY- With respect to any firearm, 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 such firearm meets the requirements of paragraph (1).
(c) Hearings- If the Attorney General determines that any individual may not register a firearm under subsection (a) during the amnesty period, the Attorney General, upon the request of such individual, shall--
(1) provide such individual any evidence on which the Attorney General's decision is based; and
(2) promptly hold a hearing to review such determination. (d) Limited Immunity-
(1) CRIMINAL LIABILITY UNDER TITLE 18- Any individual who registers a firearm under subsection (a)--
(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 each of such chapter's provisions; and
(B) shall not be liable under chapter 44 of title 18, United States Code, for any violation of such chapter which--
(i) is based solely on such individual's ownership, possession, transportation, importation, or alteration of such firearm; and
(ii) occurred before or concurrent with such registration.
(2) CRIMINAL LIABILITY UNDER INTERNAL REVENUE CODE- Except as provided in paragraph (3), any individual who registers a firearm under subsection (a) shall not be liable under chapter 53 or 75 of the Internal Revenue Code of 1986 for any violation of such chapters which relates to such firearm and which occurred before or concurrent with such 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 such individual if such individual surrenders such 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- Any firearm registered under subsection (a) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code or chapter 44 of title 18, United States Code, for any violation of such chapters which relates to such firearm and which occurred before or concurrent with such 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 such period. To the extent feasible, the Attorney General shall ensure that such notices are posted in post offices, law enforcement buildings, buildings of the Department of Veterans Affairs, and in the 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- For purposes of 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 such term in section 5845 of the Internal Revenue Code of 1986, except that such 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- With respect to any firearm, the term `applicable veteran' means the veteran described in subsection (b)(1)(B).
(4) VETERAN- The term `veteran' has the meaning given such term in section 101(2) of title 38, United States Code.
(5) FAMILY- The term `family' means, with respect to a veteran, the grandparents of such veteran, the grandparents of such veteran's spouse, the lineal descendants of such grandparents, and any spouse of such a lineal descendant. A spouse of an individual who is legally separated from such individual under a decree of divorce or separate maintenance shall be treated as such individual's spouse for purposes of this paragraph. Individuals related by the half blood or by legal adoption shall be treated as if they were related by the whole blood for purposes of this paragraph.
(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 such 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 such forfeiture.
(3) CATALOGUE OF FIREARMS- With respect to each firearm which is available to be transferred to a museum under paragraph (1), the Attorney General shall, not later than 60 days after the forfeiture of such firearm, publish information which identifies such firearm (including a picture) on the web page of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Such 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- For purposes of this subsection, the term `firearm' means any firearm (as defined in section 2(g)(2)) which is treated as a curio or relic under chapter 44 of title 18, United States Code.
(6) QUALIFIED MUSEUM- For purposes of 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 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 of the museum 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 such firearm for purpose of sale, and
(III) the museum shall, not later than 90 days after the date on which such 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 such machinegun under section 922(o) of title 18, United States Code, or abandon such 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 new subparagraph:
`(B) 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; or'.
Darksheare, your position on this issue screams how little you actually know.
THIS IS AN *A M N E S T Y* allowing people who are in posession of machineguns that are already illegal to register them in accordance with the NFA.
You haven't made a single compelling argument yet.
All you do is scream the sky is falling with your "It Will Be Reinterpreted" nonsense when you don't understand what it means.
Tell ya what.
Explain to me how this bill might be somehow used against gun owners.
Explain to me- using the details of the law and the existing amnesty- how this might be...
You won't, because you can't. Because you don't understand this law, and instead of admiting that you were incorrect when you first commented on it (due to your own poor comprehension skills) you are carrying on, saying that this bill which is a GOOD THING isn't.
I own rifles, I own shotguns, I own pistols and revolvers, I own fully-automatic weapons that most people on this board wouldn't even believe are legal, even if I showed them my paperwork.
I am as pro-gun as they come, and I support this bill because I *understand* this bill, which you are apparently too stupid to do.
Thanks!
So what if the NFA weapon they are trying to register is actually property of the US government?
That depends on a couple of things.
The VHFA "amnesty" only applies to weapons obtained before Dec. 1968.
The weapon being registered had to have been obtained in overseas service.
So if it's an M-16 brought back from 'Nam in early 1968 or before the U.S. Property marking is irrelevant.
If its something from after 1968, like a gun from Desert Storm, it will not be eligible for registration, and will have to be surrendered.
Correction, Oct. 1968.
Not sure why Oct. is the cut-off, the '68 amnesty was in Dec.
I would have expected a Dec. cut-off, for consistency.
Doesn't matter.
They can paint it, and call it a horse, and it'll still be what we DO NOT need more of: Gun laws.
If there are laws that need to be 'reformed', then perhaps those laws should be dumped.
Yes, I read this, and your tone needs to cool it newbie.
Any time you register YOUR firearms with teh government, you're telling them what you have an dwhere you have it.
What happens when some bored beauracrat gets it in his head to dislike the guns that supposedly have amnesty?
Hmm?
If you actually read the bill, it would be raising hairs on your neck.
Especially if you've read word for word what the 2nd Amendment says.
"You clearly still do not understand the CONTEXT "
Ah, context and nuance, right?
John Kerry said no-one understood the context of what he said.
Funny, everyone was spot on about him.
This is a dog, an ugly dog.
If laws need to be 'reformed', start by dumping the laws tis is supposed to reform.
I agree whole-heartedly with NFA and Richard-SIA. Darksheare, with respect you don't seem to understand the issue.
There's no new registry proposed, just an attempt to let WWII vets, their wives and their kids make use of property that was brought back from overseas, and to not have these same people go to jail over a very complex (and unjust, and unconstitutional) law.
The benefit to everyone else is that there will probably be tens of thousands of machine guns added to the list of those that can be legally purchased. The registry might go from 200,000 to 250K or 300K, perhaps even more. That means more MGs in the hands of citizens, and perhaps lower prices so that those of us who can't hope to own one now may be able to buy a piece of (very enjoyable) history.
Do I agree with licensing them, or with getting permission to buy them from your local PD? HELL NO! But the reality is that gun control was passed one salami slice at a time, and that's the only way that it'll be eliminated.
I don't own any machine guns (or other NFA weapons), nor do I deal in them. I am simply a citizen who can read the law, and who can understand the implication of this bill. To me, it is about more than prices, or even about helping our vets and their families. To me, the great benefit is to be able to say to the gun-fearing wussies of the world that "these X number of guns have been in civilian hands AND UNREGISTERED for 37+ years, WITHOUT incident. Further, now there are some 250K (or 300K or whatever number) of legal machine guns out there in civilian hands, and only ONCE since 1934 has any such gun been used in a crime (and that by a police officer)".
Darksheare, I sympathize and agree with your view that we shouldn't register guns - except in this case. Here you are quite simply wrong.
I understand teh issue well.
What I don't like is the registering of guns and amnesty that in a few years at the whim of some beauracrat may turn out to NOT be amnesty.
Do I trust any politician to protect my rights?
No.
No matter their 'intent' or the 'context'.
They can nuance it to death and I don't care.
If they really want to use this to reform laws, they should show real reform and dump the laws this is supposed to reform FIRST.
If they did that, some of the language of the bill that gun grabbers could use would be less worrisome.
Such as the words "ANY" gun.. in there.
That would include an old Stevens .22 cal.
The only thing that ancient thing would be useful for would be plinking purple martins.
But under this bill it would have to be registered as people would generally inherit them.
And I can see the gun grabbers seing inherited guns like M-1 Garands and going "look at all the assault weapons!", then use the registry list as a one stop shopping list of people to persecute.
Gun Grabbers in NY have been salivating for just such a thing.
The Fed.gov, as bad as it is, has never gone back on a gun registration amnesty to my knowledge. If anyone has ever come forward during such an amnesty period and jumped through all of the hoops, they weren't - and to date HAVEN'T BEEN - prosecuted in any way.
Do I trust the gov't, at any level - NO.
But where are these people (the WW2 vets and their surviving families) now? Right now, they hold guns that are considered illegal by the fed.gov. IF the fed.gov knew about these guns, a big truck full are heavily armed BATFE agents would show up, kick down the door, kill all nearby animals, terrorize kids & old ladies, and shoot or beat most of the adult males. The amnesty would change that. The amnesty would allow these people to sleep better at night by legalizing the guns (again, according to the gov't, because I think that they are quite legal without the $200 tax stamp, etc.). The owners of some 200,000 legal machine guns now on the registry don't lose sleep at night worrying about a BATF raid, because they are legal.
I agree that the best thing would be to repeal the '34 NFA, so that we could all go to Wallyworld or Home Despot and buy MGs over the counter with no wait, no tax stamp and no letter from our nannies, errr, local police chiefs. HOWEVER, you are living in a dream world if you think that any such thing will happen any time soon. Again, we lost rights one slice at a time, and that's the only way that we'll ever get them back.
As to the language about "any gun," you have to look at what a "gun" (or, more accurately, "firearm") is under the statutes in question. It is NOT literally any firearm. It IS all of those firearms covered under the '34 NFA - i.e. any full auto gun, short barreled guns and destructive devices. THIS is where you simply DO NOT understand the law, or the proposed legislation.
FYI, Garands and the like won't be taken away. Too many people have "ordinary" semi-autos. That stuff may fly in NJ or CA, but it won't work in TX and the many like-minded states in between. Instead of guns, the feds would much more likely be collecting the bodies of their fellow agents, and I'd bet on a few state funerals for more prominent public employees.
I understand and sympathize with your feelings on this issue. I, too, despise gun control and those in government who have absconded with our liberties. However, you are simply mistaken. PLEASE read the proposed legislation and the relevant portions of the '34 NFA. No one here is so immature as to say "told 'ya, told 'ya, nyah, nyah, nyah, nyah, nyah." We'll simply celebrate your newfound knowledge, and hopefully proceed from their to help get this bill passed - as the first step toward getting the NFA repealed at some point in the future.
I will reiterate: If they want to reform laws, dump the ones this is supposed to reform.
Here, BTW, is the relevant text from the proposed statute:
"g) Definitions- For purposes of 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 such term in section 5845 of the Internal Revenue Code of 1986"
And here
http://www4.law.cornell.edu/uscode/uscode26/usc_sec_26_00005845----000-.html
is the definition of "firearm" to which it SPECIFICALLY refers:
§ 5845. Definitions
For the purpose of this chapter—
(a) Firearm The term “firearm” means
(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and
(8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
SEE, the bill in question is NOT talking about anything other than those guns already regulated under the '34 NFA - machine guns, short-barreled rifles and shotguns, destructive devices and "silencers" (i.e. sound suppressors, the proper and more accurate term).
Why do you think that the Schumers and the Feinsteins aren't proposing or co-sponsoring this bill? They'll be opposing it, since it'll admit many tens of thousands of NFA weapons to the registry. Guns now illegal will be made legal and enter the marketplace - and these REALLY ARE machine guns, unlike the semi-autos that were (somewhat and sort of) banned between '94 and last year).
Again:I will reiterate: If they want to reform laws, dump the ones this is supposed to reform.
Schumer and Feinswine should not be in office anywhere regardless of what the office is.
I will reiterate: It ain't gonna happen anytime soon. Better half a loaf (on the way to a whole loaf) than nothing. They destroyed the 2nd Amendment bit-by-bit, and we can only take it back the same way.
No one in politics gets everything that they want - you take what you can get, then try again and again and again to get a little bit more each time. The anti-gun freaks have done this with outstanding success - why don't we imitate that, just in reverse? Your all-or-nothing position would result in us getting nothing - EVER.
" It ain't gonna happen anytime soon. "
That's my point.
"Reform" of gun laws usually isn't regardless of how 'good' the intention or context is.
If they wanted to truly reform it, they should first dump the laws this is meant to 'reform.'
Your fear is groundless and unrealistic.
You appear to be deliberately misunderstanding this bill.
FACT. The NFRTR registration goes all the way back to 1934. Except for ATFE's losses of records, and book keeping errors, there have been virtually no confirmed instances of the NFRTR being used to prosecute the innocent, particularly for political purposes.
The NFRTR has NEVER been the basis for ANY large scale confiscation scheme!
What you are panicking over has only been done by individual states and cities, with no relation to the NFRTR.
FACT. A similar amnesty was held for thirty days in Dec. of 1968.
That amnesty was open to EVERYONE, not just veterans and their heirs.
The doom you claim to fear has not happened in the thirty-seven years since!
ATFE is currently engaged in institutional perjury via their continued claim's at trial's that the NFRTR is 100% accurate.
This bill would allow an opportunity to make corrections to the inaccurate NFRTR, as well as aiding our veterans and heirs who may own "unregistered" NFA items.
It just might also eventually lead to a legitimately run "general amnesty" for everyone, which is the only way that the errors in the NFRTR can ever be fully corrected.
Once the amnesties are done, and there is no resulting increase in NFA related crime we MIGHT be able to dump 922.(o), thus restoring a significant portion of our RKBA!
I would agree, but that is irrelevant. They ARE in office, and they ARE quite powerful anti-gun Senators. One can discern a lot of information based on what they actually DO (vs. the stream of lies that comes from their mouths).
Please stick to the topic and, more to the point, try working in an effective way to reverse gun control. Railing against current law and dismissing actual US Senators (no matter how awful either of these things are) does about as much good as pi$$ing into the wind. Face facts and deal with them as they are, not as you'd wish them to be - you can't be successful any other way.
"They ARE in office, and they ARE quite powerful anti-gun Senators. "
Hopefully not for much longer.
I have worked to reverse gun control.
Making a registry, no matter the intent, is not a good idea.
The ones that already exist have been used in ways other than their initial intent.
Lists of Class 3 license holders have been snooped over, and people have been harassed.
That is somethig to keep in mind when mulling this over.
There's a road that is paved with good intentions.
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