H.R. 4135 — Introduced in House

I 113th CONGRESS 2d Session H. R. 4135 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Simpson introduced the following bill; which was referred to the Committee on the Judiciary A BILL To clarify the standard required for the importation of sporting arms into the United States, and for other purposes. 1. Short title This Act may be cited as the Firearm Importation Fairness Act of 2014. 2. Findings; purposes (a) Findings The Congress finds the following: (1) Citizens have a fundamental, individual right, under the Second Amendment to the United States Constitution, to keep and bear arms. The Supreme Court has held that the right to self-defense, rather than sport is at the core of that right. (2) Despite the meaning of the Second Amendment as interpreted by the Supreme Court, section 925(d) of title 18, United States Code, requires the Attorney General to approve the importation of firearms into the United States for private ownership, but generally only if the firearms are determined to be suitable for or adaptable to sporting purposes. (3) The Executive Branch has interpreted sporting purposes in a narrow and obstructive manner, impeding firearms imports, interfering with citizens’ constitutional rights, and diminishing consumer choice. These interpretations have resulted in bans on the importation of firearms that are completely legal to make, sell, and own in the United States. (b) Purposes The purposes of this Act are as follows: (1) To clarify the standard used to import firearms into the United States. (2) To make it clear that firearms imports may not be subject to discriminatory treatment, and that firearms should be importable for all lawful purposes, including hunting, self defense, collecting, competitive shooting, and plinking. (3) To prevent the further impediment of commerce by allowing faster consideration of firearm import permits. 3. Modification of standard for importation of firearms (a) Importation Section 922(l) of title 18, United States Code, is amended by striking “925(d) of this chapter” and inserting “925”. (b) Exceptions Section 925 of such title is amended— (1) in subsection (a)— (A) in paragraph (3), by striking determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes and; and (B) in paragraph (4), by striking (A) determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes, or determined by the Department of Defense to be a type of firearm normally classified as a war souvenir, and (B); and (2) by striking subsections (d) through (f) and inserting the following: (d) (1) Within 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 or research 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 (not readily restorable to firing condition), imported or brought in as a curio or museum piece; (C) the firearm is not a firearm (as defined in section 5845(a) of such Code); (D) the ammunition is not armor piercing ammunition (as defined in section 921(a)(17)(B) of this title), incendiary ammunition, or tracer ammunition; or (E) the firearm or ammunition was previously taken out of the United States or a possession by the person who is bringing in the firearm or ammunition. (2) Within 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 subsection (d), the importation of any firearm the importation of which is prohibited by section 922(p). . (c) Domestic manufacture Section 922 of such title is amended by striking subsection (r). 4. Applicability The amendments made by this Act shall apply to applications pending on or after the date of the enactment of this Act.