THIS IS DRAFT LEGISLATION, THAT IT DOES NOT HAVE A SPONSOR, AND IS BEING POSTED FOR INFORMATION PURPOSES ONLY. PERSONS AND GROUPS THAT ARE INTERESTED IN SUPPORTING THIS PROPOSED LEGISLATION SHOULD CONTACT Mr. John Picchietti, President Collectors Arms Dealers Association c/o J T G 334 Peterson Road Libertyville, Illinois 60048 (847) 549-6226 FAX: (847) 549-6230 Toll-Free: 1-800-448-4867 page 1 106th CONGRESS 1st Session H.R. [To be numbered] To establish a Civilian Commission on Historical Firearms to identify firearms that are of historical significance, to provide uniform standards for classifying historical firearms, to classify said firearms as historical firearms, to review and change administrative decisions by the Bureau of Alcohol, Tobacco and Firearms regarding historical firearms which appear to be arbitrary, capricious or without reasonable legal foundation, and for other purposes. ___________________________ IN THE HOUSE OF REPRESENTATIVES [Month and Day to be inserted], 1999 [Sponsor name(s) to be inserted] 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 establish a Civilian Commission on Historical Firearms to identify firearms that are of historical significance, to provide uniform standards for classifying historical firearms, to classify said firearms as historical firearms, to review and change administrative decisions by the Bureau of Alcohol, Tobacco and Firearms regarding historical firearms which appear to be arbitrary, capricious or without reasonable legal foundation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, page 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS (a) Short Title.—This Act may be cited as the "Federal Historical Firearms Protection Act of 1999." (b) Table of Contents.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—CIVILIAN COMMISSION ON HISTORICAL FIREARMS Sec. 101. Findings and Statement of Purposes. Sec. 102. Establishment. Sec. 103. Duties of Commission. Sec. 104. Powers. Sec. 105. Commission procedures. Sec. 106. Personnel matters. Sec. 107. Other administrative provisions. Sec. 108. Authorization of appropriations. TITLE II—HISTORICAL FIREARMS DATA CENTER Sec. 201. Definitions. Sec. 202. Designation of Historical Firearms Data Center. Sec. 203. Historical Firearms Data Center responsibilities. Sec. 204. Limitations on use and disclosure of data and information by Historical Firearms Data Center. Sec. 205. Oversight by the Committee on the Judiciary, House of Representatives, and by the Committee on the Judiciary, United States Senate. Sec. 206. Effect on other laws. Sec. 207. Disclosure penalties. Sec. 208. Proposed changes in law. Sec. 209. Effective date. page 3 TITLE I—CIVILIAN COMMISSION ON HISTORICAL FIREARMS SEC. 101. FINDINGS AND STATEMENT OF PURPOSE (a) The Congress finds that— (1) Legislation is necessary to further affirm and clarify the rights of citizens, licensed collectors, licensed dealers, and licensed importers to possess, sell, transfer, import, give away or collect historic firearms for lawful purposes. (2) The Bureau of Alcohol, Tobacco and Firearms has made administrative decisions regarding certain historical firearms which consistently appear to be arbitrary, capricious or without reasonable legal foundation. (3) Owners of certain historical firearms and persons who have inherited historical firearms, licensed collectors, licensed dealers, and licensed importers, have no practical means of appealing an adverse administrative decision by the Bureau of Alcohol, Tobacco and Firearms regarding historical firearms, which appears to be arbitrary, capricious or without reasonable legal foundation. (4) Various recent actual and proposed Executive Orders, legislation, and administrative decisions by the Bureau of Alcohol, Tobacco and Firearms, have employed language such as "functionally identical," "identical in mechanical design and function," and "same essential operational mechanism" in comparing banned semiautomatic assault weapons with other firearms, and making other legally incorrect comparisons between firearms whose legal definitions are significantly different, thus circumventing the letter and spirit of the law in regulating historical firearms. The existing legal criteria against which to page 4 distinguish historical firearms that are unlikely to be used as weapons from other banned or highly restricted firearms have been applied inconsistently by the Bureau, thus endangering the continued lawful possession, sale, transfer, importation, giving away or collecting of certain historical firearms. These facts indicate that it is necessary to establish an organization that is wholly dedicated to resolving issues of the classification of historical firearms, and which does not possess a law enforcement function. (5) Various court decisions have ruled certain bans or restrictions on semiautomatic assault weapons to be unconstitutionally vague because there is no functional difference between firearms which are banned or restricted and firearms which are not. (b) The purposes of this Act are to: (1) Provide objective safeguards for identifying, defining, classifying and preserving historical firearms (2) Transfer the statutory authority for identifying, defining, and classifying historical firearms from the Secretary of the Treasury to a new governmental entity which is not a law enforcement agency and is operated by a majority of persons who are not officers or employees of the United States, and, therefore, is likely to ensure an independent perspective regarding historical firearms. (3) Establish an entity to act as a bipartisan clearinghouse for agencies or departments of the United States, for private associations or organizations which have as a goal the study or preservation of historic firearms, including schools or departments of public or private colleges or universities, and for the public, for information regarding historical firearms. page 5 (4) Provide for the periodic review and evaluation of issues involving historic firearms and, as appropriate, recommend changes in law to further the goal of protecting historical firearms. SEC. 102. ESTABLISHMENT. (a) Establishment.—There is hereby established a commission to be known as the "Civilian Commission on Historical Firearms" (in this title referred to as the "Commission"). (b) Composition of Commission.—The Commission shall be composed of nine members as follows: (1) One member appointed by the President who— (A) shall serve as the Chairman of the Commission for a term of four years; and (B) shall possess the qualifications referred to in subsection (c). (2) One member appointed by the Secretary of the Treasury who— (A) shall possess the qualifications referred to in subsection (c); and (B) shall be appointed for a term of four years, except that the member first appointed shall be appointed for a term of two years. (3) One member appointed by the Attorney General who— (A) shall possess the qualifications referred to in subsection (c); and (B) shall be appointed for a term of four years, except that the member first appointed shall be appointed for a term of two years. (4) Three members appointed by the Committee on the Judiciary, House of Representatives, in consultation with members of the Committee and other interested Members of Congress who— (A) shall possess the qualifications referred to in subsection (c); and page 6 (B) shall be appointed for a term of four years, except that the member first appointed shall be appointed for a term of two years. (5) Three members appointed by the Committee on the Judiciary, United States Senate, in consultation with members of the Committee and other interested Members of Congress who— (A) shall possess the qualifications referred to in subsection (c); and (B) shall be appointed for a term of four years, except that the member first appointed shall be appointed for a term of two years.. (c) Qualifications of Commission Members.—Members appointed to the Commission shall possess one or more of the following qualifications; provided however, that no officer or employee of the United States may be appointed to such position under section 101(b)(4) or 101(b)(5), in order to ensure an independent majority position to represent civilian interest in historical firearms. (A) Significant research experience regarding historical firearms, as evidenced by publication (as author, co-author, or editor) of articles, reference books or dictionaries, which reflect significant information or knowledge regarding one or more historical firearms. (B) At least five years of professional employment as the curator of a federal, state, local or private museum which is substantially devoted to the exhibition of historical firearms. (C) At least five years of professional employment at an accredited private or public university or college as an historian, professor or researcher of military history, United States history, firearms law, or other academic speciality which includes substantial knowledge of historical firearms or their legal regulation. (D) At least five years of professional employment as a federal, state or page 7 local law enforcement officer whose duties primarily involve firearms. (E) At least five years of professional experience as a promoter or organizer of gun shows, or as a firearms auctioneer, or as a firearms dealer; or as a firearms importer; provided, however, that more than 50 percentum of the firearms promoted, auctioned, imported or sold are historical firearms. (F) Recognition as an expert in historical firearms as evidenced by endorsement of a recognized group which has as a goal the marketing of historical firearms. (G) At least five years of employment as a professional criminologist, psychologist, forensic scientist, psychiatrist, sociologist, physician, anthropologist or employment in a related field or fields, with a specialization in research or practice involving firearm violence, the use of firearms in crimes, wound ballistics, crime statistics, or related speciality. (d) Consultation Before Appointments.—In making appointments under subsection (b), the President, the Secretary of the Treasury, the Attorney General, the House Committee on the Judiciary, and the Senate Committee on the Judiciary shall consult with appropriate professional organizations, including the National Rifle Association, the Collector Arms Dealers Association. (Other organizations to be added). (e) Deadline for Appointment.—Members shall be appointed to the Commission not later than four months after the date of the enactment of this Act. SEC. 103. DUTIES OF COMMISSION. (a) Study and Report of Actions.—The Commission shall study and, not later than 18 months after the date of the enactment of this Act, publish a written report, with future reports to be published annually. Such reports shall state actions taken by page 8 the Commission, and shall, as applicable, include— (1) standards used to identify historical firearms; (2) standards used to determine whether a particular historical firearm is likely to be used as a weapon; (3) in cases where the Commission changes an administrative ruling by the Bureau of Alcohol, Tobacco and Firearms regarding an historical firearm because said ruling was determined to be arbitrary, caparicious or without reasonable legal foundation, a written summary of the basis for the Commission's decision which incorporates references to the relevant evidence shall be included. (4) a list or lists of historical firearms; (5) the results of periodic evaluations and recommendations of representatives of firearms organizations, museums which exhibit historical firearms, law enforcement agencies which possess historical firearms, licensed dealers, licensed collectors, licensed importers, and interested members of the public; and (6) if necessary and appropriate, recommend changes in law to further the goal of protecting historical firearms. SEC. 104. POWERS. (a) Hearings and Sessions.—The Commission may, for the purposes of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Obtaining Data or Information.—The Commission may secure directly from any department or agency of the United States data or information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the page 9 head of that department or agency shall furnish said data or information to the Commission within 60 days of receipt of such request. The Chairman of the Commission shall be required to request such data or information upon the vote of a majority of its members. If said data or information is not delivered to the Commission within 60 days, the Attorney General shall secure said data or information and deliver it to the Commission. (c) Contract Authority.—The Commission may contract with and compensate government and private agencies or persons without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 105. COMMISSION PROCEDURES. (a) Meetings.—The Commission shall meet at the call of the Chairman or a majority of its members. (b) Quorum.—A simple majority of the members of the Commission shall constitute a quorum but a lesser number may hold meetings. (c) Rules.—The Commission shall, not later than 30 days after the first official meeting of the Commission, adopt procedural rules for the Commission. (d) Delegation of Authority.—Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. SEC. 106. PERSONNEL MATTERS. (a) Pay of Members.—Except for the members appointed under section 101(b)(1) to (3), members of the Commission shall be entitled to receive the daily equivalent of the rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performanced of duties vested in the Commission. page 10 (b) Travel Expenses.—Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Staff.—The Commission may appoint and fix the pay of personnel as it considers appropriate. (d) Applicability of Certain Civil Service Laws.—Staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the highest basic rate of pay established for the Senior Executive Service under section 5382 of such title. SEC. 107. OTHER ADMINISTRATIVE PROVISIONS. (a) Postal and Printing Services.—The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States. (b) Administrative Support Services.—Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under the Act. (c) Experts and Consultants.—(1) The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 108. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Commission such sums as may be necessary to carry out the functions of the Commission. Such sums may be taken from page 11 general appropriations, and may include up to five percentum of the taxes collected under section 5811 (a) and section 5821 (a) of title 26, United States Code, and up to five percentum of the taxes collected under section 4181 of the Internal Revenue Code of 1986. TITLE II—HISTORICAL FIREARMS DATA CENTER SEC. 201. DEFINITIONS. (a) Definition of Historical Firearm.—An historical firearm means a firearm which is an "antique firearm" as defined under section 921(a)(19) of title 18, United States Code; firearms which are "curios or relics" as defined under section 178.11 of title 27, Code of Federal Regulations; or a firearm which is an "antique firearm" as defined under section 5845(g) of title 26, United States Code. (b) Changing the Definition of an Historical Firearm.—The Commission may, after careful and appropriate study, recommend to the Congress that changes be made in the definition of an historical firearm, and that such changes may include establishing different categories of historical firearms. SEC. 202. DESIGNATION OF HISTORICAL FIREARMS DATA CENTER. An entity to be known as the "Historical Firearms Data Center" (hereinafter called the "Center" in this Act) shall be established to assist the Commission in the discharge of its duties under this Act. SEC. 203. HISTORICAL FIREARMS DATA CENTER RESPONSIBILITIES. The Center designated in section 202 shall— page 12 (1) act as the official respository for all records of official business conducted by the Commission; (2) act as a clearinghouse for information about historical firearms obtained from agencies or department of the United States; (3) safeguard the confidentiality of individually identifiable information acquired for official purposes by assuring its physical security and by controlling access to, and uses made of, such information; and (4) respect the rights and privileges of the public by observing and promoting fair information practices. SEC. 204. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION BY HISTORICAL FIREARMS DATA CENTER. (a) Uses of Firearm Data or Information.—The Center may use firearm data or information obtained from any agency or department of the United States, and from other sources, as necessary in assisting the Commission in the discharge of its responsibilities under this Act. Such data or information may include information or evidence described under section 5848 of title 26, United States Code, or which is restricted under section 6103 of title 26, United States Code. (b) Disclosure of Firearm Data or Information.—The Center may not disclose data or information acquired by any agency or department of the United States which is protected from disclosure by law, except as provided by law. (c) Rule for Use of Firearm Data or Information.—The Center shall clearly distinguish any data or information obtained from any agency or department of the United States which is protected from disclosure by law, from other data or information which is not protected from disclosure by law. Data or information obtained by the Commission under section 5848 of title 26, United States Code, or page 13 section 6103 of title 26, United States Code, may be used for statistical purposes; provided, however, that no such data or information may be released in such a form that would allow any individual person or individual firearm to be identified. SEC. 205. OVERSIGHT BY THE COMMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, AND BY THE COMMITTEE ON THE JUDICARY, UNITED STATES SENATE. Operations of the Center shall be subject to oversight by the Committee of the Judiciary, House of Representatives, and by the Committee on the Judiciary, United States Senate. SEC. 206. EFFECT ON OTHER LAWS. (To be added). SEC. 207. DISCLOSURE PENALITIES. An agent or employee of the Commission, or of the Center (as defined in section 202), shall be treated as an officer or employee of the United States for purposes of section 1905 of title 18, United States Code. SEC. 208. PROPOSED CHANGES IN LAW. (a) Subsection (a) of section 5811 of title 26, United States Code, is amended by striking "$5" and inserting "$50". (b) Section 5811 of title 26, United States Code, is amended by inserting the following at the end of subsection (b): "(c) Transfer of historical firearms.—Notwithstanding any other section of this Act or other law to the contrary, any State, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigations, which owns a registered firearm, or acquires a firearm not registered to it, such as by abandonment or forfeiture, and registers such firearm in accordance with provisions of this Act, may transfer page 14 ownership of the firearm to any qualified person upon application, and the Secretary shall approve any such transfer; provided, however, that this section applies only to a historical firearm, and in conformity with section 922(o) of title 18, United States Code." (c) The following is inserted directly following section 5822 of title 26, United States Code: "Part IV—Funding for Commission on Historical Firearms Sec. 5831. Use of taxes on making and transferring firearms. § 5831 Use of taxes on making and transferring firearms (a) Upon application by the Commission, up to five percentum of the transfer tax collected under section 5811(a) shall be made available to fund operations of the Commission applicable to firearms under this Act. (d) Section 5845(a) of title 26, United States Code, is amended by striking "Secretary" from the last sentence and inserting "Commission on Historical Firearms". (e) Section 4181 of the Internal Revenue Code of 1986, which imposes a tax on the sale of pistols (10 percentum), revolvers (10 percentum), firearms (other than pistols and revolvers)(11 percentum), and shells and cartridges (11 percentum), is amended by inserting a new section stating: "Upon application by the Commission, up to five percentum of the tax collected under section 4181 of the Internal Revenue Code of 1986 shall be made available to fund operations of the Commission on Historical Firearms to carry out its official duties." SEC. 209. EFFECTIVE DATE. This Act shall become effective 180 days after its enactment.