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