[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 843 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 843
To establish background check procedures for gun shows.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 21, 2009
Mr. Lautenberg (for himself, Mr. Reed, Mr. Whitehouse, Mr. Schumer, Mr.
Kerry, Mr. Kennedy, Mr. Levin, Mrs. Feinstein, Mr. Durbin, Mr. Cardin,
Mrs. Gillibrand, and Mr. Menendez) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish background check procedures for gun shows.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Show Background Check Act of
2009''.
SEC. 2. GUN SHOW BACKGROUND CHECK.
(a) Findings.--Congress finds that--
(1) approximately 5,200 traditional gun shows are held
annually across the United States, attracting thousands of
attendees per show and hundreds of Federal firearms licensees
and nonlicensed firearms sellers;
(2) traditional gun shows, as well as flea markets and
other organized events, at which a large number of firearms are
offered for sale by Federal firearms licensees and nonlicensed
firearms sellers, form a significant part of the national
firearms market;
(3) firearms and ammunition that are exhibited or offered
for sale or exchange at gun shows, flea markets, and other
organized events move easily in and substantially affect
interstate commerce;
(4) in fact, even before a firearm is exhibited or offered
for sale or exchange at a gun show, flea market, or other
organized event, the gun, its component parts, ammunition, and
the raw materials from which it is manufactured have moved in
interstate commerce;
(5) gun shows, flea markets, and other organized events at
which firearms are exhibited or offered for sale or exchange,
provide a convenient and centralized commercial location at
which firearms may be bought and sold anonymously, often
without background checks and without records that enable gun
tracing;
(6) at gun shows, flea markets, and other organized events
at which guns are exhibited or offered for sale or exchange,
criminals and other prohibited persons obtain guns without
background checks and frequently use guns that cannot be traced
to later commit crimes;
(7) since the enactment of the Brady Handgun Violence
Prevention Act (Public Law 103-59; 107 Stat. 1536) in 1993,
over 100,000,000 background checks have been performed by
Federal firearms licensees, denying guns to more than 1,600,000
illegal buyers;
(8) many persons who buy and sell firearms at gun shows,
flea markets, and other organized events cross State lines to
attend these events and engage in the interstate transportation
of firearms obtained at these events;
(9) gun violence is a pervasive, national problem that is
exacerbated by the availability of guns at gun shows, flea
markets, and other organized events;
(10) firearms associated with gun shows have been
transferred illegally to residents of another State by Federal
firearms licensees and nonlicensed firearms sellers, and have
been involved in subsequent crimes including drug offenses,
crimes of violence, property crimes, and illegal possession of
firearms by felons and other prohibited persons; and
(11) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to ensure, by enactment of this Act, that criminals and
other prohibited persons do not obtain firearms at gun shows,
flea markets, and other organized events.
(b) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(36) Gun show.--The term `gun show' means any event--
``(A) at which 50 or more firearms are offered or
exhibited for sale, transfer, or exchange, if 1 or more
of the firearms has been shipped or transported in, or
otherwise affects, interstate or foreign commerce; and
``(B) at which--
``(i) not fewer than 20 percent of the
exhibitors are firearm exhibitors;
``(ii) there are not fewer than 10 firearm
exhibitors; or
``(iii) 50 or more firearms are offered for
sale, transfer, or exchange.
``(37) Gun show promoter.--The term `gun show promoter'
means any person who organizes, plans, promotes, or operates a
gun show.
``(38) Gun show vendor.--The term `gun show vendor' means
any person who exhibits, sells, offers for sale, transfers, or
exchanges 1 or more firearms at a gun show, regardless of
whether or not the person arranges with the gun show promoter
for a fixed location from which to exhibit, sell, offer for
sale, transfer, or exchange 1 or more firearms.''.
(c) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Promoters.--It shall be unlawful for
any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) registers with the Attorney General in accordance
with regulations promulgated by the Attorney General; and
``(2) pays a registration fee, in an amount determined by
the Attorney General.
``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful
for any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) before commencement of the gun show, verifies the
identity of each gun show vendor participating in the gun show
by examining a valid identification document (as defined in
section 1028(d)(3)) of the vendor containing a photograph of
the vendor;
``(2) before commencement of the gun show, requires each
gun show vendor to sign--
``(A) a ledger with identifying information
concerning the vendor; and
``(B) a notice advising the vendor of the
obligations of the vendor under this chapter;
``(3) notifies each person who attends the gun show of the
requirements of this chapter, in accordance with such
regulations as the Attorney General shall prescribe; and
``(4) maintains a copy of the records described in
paragraphs (1) and (2) at the permanent place of business of
the gun show promoter for such period of time and in such form
as the Attorney General shall require by regulation.
``(c) Responsibilities of Transferors Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to transfer a firearm to
another person who is not licensed under this chapter, unless
the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not transfer the firearm to the
transferee until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
transfer the firearm to the transferee if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(3) Absence of recordkeeping requirements.--Nothing in
this section shall permit or authorize the Attorney General to
impose recordkeeping requirements on any nonlicensed vendor.
``(d) Responsibilities of Transferees Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to receive a firearm
from another person who is not licensed under this chapter,
unless the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not receive the firearm from the
transferor until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
receive the firearm from the transferor if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(e) Responsibilities of Licensees.--A licensed importer, licensed
manufacturer, or licensed dealer who agrees to assist a person who is
not licensed under this chapter in carrying out the responsibilities of
that person under subsection (c) or (d) with respect to the transfer of
a firearm shall--
``(1) enter such information about the firearm as the
Attorney General may require by regulation into a separate
bound record;
``(2) record the transfer on a form specified by the
Attorney General;
``(3) comply with section 922(t) as if transferring the
firearm from the inventory of the licensed importer, licensed
manufacturer, or licensed dealer to the designated transferee
(although a licensed importer, licensed manufacturer, or
licensed dealer complying with this subsection shall not be
required to comply again with the requirements of section
922(t) in delivering the firearm to the nonlicensed
transferor), and notify the nonlicensed transferor and the
nonlicensed transferee--
``(A) of such compliance; and
``(B) if the transfer is subject to the
requirements of section 922(t)(1), of any receipt by
the licensed importer, licensed manufacturer, or
licensed dealer of a notification from the national
instant criminal background check system that the
transfer would violate section 922 or would violate
State law;
``(4) not later than 10 days after the date on which the
transfer occurs, submit to the Attorney General a report of the
transfer, which report--
``(A) shall be on a form specified by the Attorney
General by regulation; and
``(B) shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
``(5) if the licensed importer, licensed manufacturer, or
licensed dealer assists a person other than a licensee in
transferring, at 1 time or during any 5 consecutive business
days, 2 or more pistols or revolvers, or any combination of
pistols and revolvers totaling 2 or more, to the same
nonlicensed person, in addition to the reports required under
paragraph (4), prepare a report of the multiple transfers,
which report shall be--
``(A) prepared on a form specified by the Attorney
General; and
``(B) not later than the close of business on the
date on which the transfer occurs, forwarded to--
``(i) the office specified on the form
described in subparagraph (A); and
``(ii) the appropriate State law
enforcement agency of the jurisdiction in which
the transfer occurs; and
``(6) retain a record of the transfer as part of the
permanent business records of the licensed importer, licensed
manufacturer, or licensed dealer.
``(f) Records of Licensee Transfers.--If any part of a firearm
transaction takes place at a gun show, each licensed importer, licensed
manufacturer, and licensed dealer who transfers 1 or more firearms to a
person who is not licensed under this chapter shall, not later than 10
days after the date on which the transfer occurs, submit to the
Attorney General a report of the transfer, which report--
``(1) shall be in a form specified by the Attorney General
by regulation;
``(2) shall not include the name of or other identifying
information relating to the transferee; and
``(3) shall not duplicate information provided in any
report required under subsection (e)(4).
``(g) Firearm Transaction Defined.--In this section, the term
`firearm transaction'--
``(1) includes the offer for sale, sale, transfer, or
exchange of a firearm; and
``(2) does not include the mere exhibition of a firearm.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(8)(A) Whoever knowingly violates section 932(a) shall be
fined under this title, imprisoned not more than 5 years, or
both.
``(B) Whoever knowingly violates subsection (b) or (c) of
section 932, shall be--
``(i) fined under this title, imprisoned not more
than 2 years, or both; and
``(ii) in the case of a second or subsequent
conviction, fined under this title, imprisoned not more
than 5 years, or both.
``(C) Whoever willfully violates section 932(d), shall be--
``(i) fined under this title, imprisoned not more
than 2 years, or both; and
``(ii) in the case of a second or subsequent
conviction, fined under this title, imprisoned not more
than 5 years, or both.
``(D) Whoever knowingly violates subsection (e) or (f) of
section 932 shall be fined under this title, imprisoned not
more than 5 years, or both.
``(E) In addition to any other penalties imposed under this
paragraph, the Attorney General may, with respect to any person
who knowingly violates any provision of section 932--
``(i) if the person is registered pursuant to
section 932(a), after notice and opportunity for a
hearing, suspend for not more than 6 months or revoke
the registration of that person under section 932(a);
and
``(ii) impose a civil fine in an amount equal to
not more than $10,000.''.
(3) Technical and conforming amendments.--Chapter 44 of
title 18, United States Code, is amended--
(A) in the chapter analysis, by adding at the end
the following:
``Sec. 932. Regulation of firearms transfers at gun shows.'';
and
(B) in the first sentence of section 923(j), by
striking ``a gun show or event'' and inserting ``an
event''.
(d) Inspection Authority.--Section 923(g)(1) is amended by adding
at the end the following:
``(E) Notwithstanding subparagraph (B), the
Attorney General may enter during business hours the
place of business of any gun show promoter and any
place where a gun show is held for the purposes of
examining the records required by sections 923 and 932
and the inventory of licensees conducting business at
the gun show. Such entry and examination shall be
conducted for the purposes of determining compliance
with this chapter by gun show promoters and licensees
conducting business at the gun show and shall not
require a showing of reasonable cause or a warrant.''.
(e) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of title 18, United States Code, is
amended to read as follows:
``(3)(A) Except as provided in subparagraph (B), any
licensed dealer, licensed importer, licensed manufacturer, or
licensed collector who knowingly makes any false statement or
representation with respect to the information required by this
chapter to be kept in the records of a person licensed under
this chapter, or violates section 922(m) shall be fined under
this title, imprisoned not more than 1 year, or both.
``(B) If the violation described in subparagraph (A) is in
relation to an offense--
``(i) under paragraph (1) or (3) of section 922(b),
such person shall be fined under this title, imprisoned
not more than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section
922, such person shall be fined under this title,
imprisoned not more than 10 years, or both.''.
(f) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924(a) of title 18, United States
Code, is amended--
(A) in paragraph (5), by striking ``subsection (s)
or (t) of section 922'' and inserting ``section
922(s)''; and
(B) by adding at the end the following:
``(9) Whoever knowingly violates section 922(t) shall be
fined under this title, imprisoned not more than 5 years, or
both.''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of title 18, United States Code, is amended by
striking ``and, at the time'' and all that follows through
``State law''.
(g) Effective Date.--This Act and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.
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