S. 381

Collectible Firearms Protection Act

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II

112th CONGRESS

1st Session

S. 381

IN THE SENATE OF THE UNITED STATES

February 17, 2011

Mr. Tester (for himself, Mr. Crapo, Mr. Wicker, Mr. Inhofe, Mr. Enzi, Mr. Begich, Ms. Murkowski, and Mr. Baucus) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

To amend the Arms Export Control Act to provide that certain firearms listed as curios or relics may be imported into the United States by a licensed importer without obtaining authorization from the Department of State or the Department of Defense, and for other purposes.

1.

Short title

This Act may be cited as the Collectible Firearms Protection Act.

2.

Amendments to Arms Export Control Act

(a)

In general

Section 38(b)(1) of the Arms Export Control Act (22 U.S.C. 2778(b)(1)) is amended—

(1)

by redesignating the first subparagraph (B) (as added by section 8142(a) of the Department of Defense Appropriations Act, 1988 (as enacted into law by Public Law 100–202; 101 Stat. 1329–88)) as subparagraph (C);

(2)

in subparagraph (C) (as redesignated by paragraph (1) of this subsection)—

(A)

in the matter preceding clause (i), by striking subparagraph (A) and inserting subparagraph (A)(i);

(B)

in clause (i), by striking Secretary of the Treasury and inserting Attorney General; and

(C)

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 under the laws of the exporting country.

; and

(3)

by adding at the end the following:

(D)

Notwithstanding any other provision of law, regulation, or executive order, any such firearms described in subparagraph (C) 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 (C)(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)(C) 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.