[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2527 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2527

       To better regulate the transfer of firearms at gun shows.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 1998

  Mr. Lautenberg (for himself, Mr. Dodd, Mr. Bumpers, and Ms. Moseley-
Braun) introduced the following bill; which was read twice and 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) No person shall hold a gun show, unless--
            ``(A) the person is licensed to hold a gun show under this 
        subsection; and
            ``(B) not less than 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 appropriate jurisdiction of the postal address and the 
        dates and times at which the gun show is to be held.
    ``(2) In order to be licensed to hold a gun show under this 
subsection, a person shall submit to the Secretary an application 
that--
            ``(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 under State or local law, and 
                will be conducted in accordance with all applicable 
                State and local laws;
            ``(B) contains a photograph and fingerprints of the 
        applicant; and
            ``(C) is in such form as the Secretary shall prescribe by 
        regulation.
    ``(3)(A) Not later than 60 days after the date on which the 
Secretary receives an application under paragraph (2), the Secretary 
shall approve or deny the application. The Secretary shall approve an 
application submitted pursuant to paragraph (2) if the application 
meets the requirements of that paragraph.
    ``(B) If the Secretary fails to approve or deny an application 
submitted under paragraph (2) before the expiration of the 60-day 
period described in subparagraph (A), the applicant may bring an action 
under section 1361 of title 28 to compel the Secretary to either 
approve or deny the application in accordance with this subsection.
    ``(C) Upon approval of an application submitted under paragraph (2) 
by the Secretary 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 
that, subject to 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 beginning on the date on which the 
license is issued.
    ``(4)(A) Before any person who is not licensed under this 
subsection may transfer any 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) Not later than 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 collected by the licensee 
pursuant to subparagraph (A) with respect to that gun show.
    ``(5) In 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) that 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 not less than 50 firearms 
                        are present, not less than 1 of which has been 
                        shipped or transported in interstate or foreign 
                        commerce.''.
    (b) Penalties.--Section 924(a) of title 18, United States Code, 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 that section 
shall be punished as otherwise provided under this section for 
knowingly violating that provision of law.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to any conduct engaged in after the expiration of the 1-year 
period beginning on the date of enactment of this Act.
                                 <all>