[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4442 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4442

       To better regulate the transfer of firearms at gun shows.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1998

Mr. DeFazio (for himself, Ms. Furse, Mr. Blumenauer, and Ms. Hooley of 
   Oregon) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To better regulate the transfer of firearms at gun shows.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REGULATION OF GUN SHOWS.

    (a) In General.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(m)(1) A person shall not hold a gun show unless--
            ``(A) the person is licensed to do so under this 
        subsection; and
            ``(B) at least 30 days have elapsed since the person, using 
        a form which shall be prescribed by the Secretary, has notified 
        the Secretary and the chief law enforcement officer of the 
        postal address and the dates and times at which the gun show is 
        to be held.
    ``(2) A person desiring to be licensed to hold a gun show shall 
submit to the Secretary an application which--
            ``(A) contains a certification by the applicant that--
                    ``(i) the applicant meets the requirements of 
                subparagraphs (A) through (D) of subsection (d)(1); and
                    ``(ii) any gun show to be conducted under the 
                license is not prohibited by State or local law, and 
                will be conducted in accordance with the requirements 
                of State and local law;
            ``(B) contains a photograph and fingerprints of the 
        applicant; and
            ``(C) is in such form as the Secretary shall by regulation 
        prescribe.
    ``(3)(A) The Secretary shall approve an application submitted 
pursuant to paragraph (2) which meets the requirements of paragraph 
(2). On approval of the application and payment by the applicant of 
such fee as the Secretary shall establish to ensure that the fees 
collected under this subsection are sufficient to cover the costs of 
issuing licenses under this subsection, the Secretary shall issue to 
the applicant a license which, subject to the provisions of this 
chapter and other applicable provisions of law, entitles the licensee 
to hold gun shows in interstate or foreign commerce during the 3-year 
period that begins with the date the license is issued.
    ``(B) The Secretary shall approve or deny an application submitted 
under paragraph (2) within 60 days after the Secretary receives the 
application. If the Secretary fails to so act within such period, the 
applicant may bring an action under section 1361 of title 28 to compel 
the Secretary to so act.
    ``(4)(A) Before a person not licensed under this section transfers 
a firearm at a gun show--
            ``(i) the person shall provide to the holder of the gun 
        show written notice of--
                    ``(I) the name, age, and address of the person and 
                of the prospective transferee (or, in the case of a 
                party who is a corporation or other business entity, 
                the identity and principal and local places of business 
                of such party);
                    ``(II) the serial number, make, and model of the 
                firearm; and
                    ``(III) the date and location of the transfer; and
            ``(ii) the holder of a gun show shall comply with the 
        requirements imposed on licensed dealers by section 922(t) and 
        subsections (g)(1)(A) and (g)(3)(A) of this section with 
        respect to the transfer.
    ``(B) Within 30 days after the end of a gun show for which a 
license is issued under this subsection, the licensee shall deliver to 
the Secretary all records or documents which the licensee collected 
pursuant to subparagraph (A) during the gun show.
    ``(5) For purposes of this subsection, the term `gun show' means an 
event or function that is--
            ``(A) sponsored by--
                    ``(i) a national, State, or local organization 
                devoted to the collection, competitive use, or other 
                sporting use of firearms; or
                    ``(ii) an organization or association that sponsors 
                functions devoted to the collection, competitive use, 
                or other sporting use of firearms in the community; and
            ``(B) held at a location--
                            ``(i) which is not specified in any license 
                        issued under subsection (b) or (c);
                            ``(ii) at which a firearm is offered for 
                        sale or transfer; and
                            ``(iii) at which 50 or more firearms are 
                        present, 1 or more of which has been shipped or 
                        tranported in interstate or foreign 
                        commerce.''.
    (b) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(7)(A) Whoever knowingly violates section 923(m)(1) shall be 
fined under this title, imprisoned not more than 5 years, or both.
    ``(B) Whoever knowingly violates subparagraph (A)(i) or (B) of 
section 923(m)(4) shall be fined under this title, imprisoned not more 
than 1 year, or both.
    ``(C) Whoever violates section 923(m)(4)(A)(ii) by knowingly 
failing to comply with a provision of law specified in such section 
shall be punished as otherwise provided under this section for 
knowingly violating the provision of law.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to conduct engaged in after the 1-year period that begins with 
the date of the enactment of this Act.
                                 <all>