[Congressional Record Volume 150, Number 25 (Tuesday, March 2, 2004)]
[Senate]
[Pages S2006-S2008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2636. Mr. McCAIN (for himself, Mr. Reed, Mr. DeWine, Mr. 
Lieberman, Mr. Chafee, Mr. Corzine, Mr. Dodd, and Mr. Durbin) proposed 
an amendment to the bill S. 1805, to prohibit civil liability actions 
from being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages resulting 
from the misuse of their products by others; as follows:

       On page 11, after line 19, add the following:

            TITLE II--GUN SHOW LOOPHOLE CLOSING ACT OF 2004

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Gun Show Loophole Closing 
     Act of 2004''.

     SEC. 202. DEFINITIONS.

       Section 921(a) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(36) The term `special firearms event'--
       ``(A) means any event at which 75 or more firearms are 
     offered or exhibited for sale, exchange, or transfer, if 1 or 
     more of the firearms has been shipped or transported in, or 
     otherwise affects, interstate or foreign commerce;
       ``(B) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer by an individual from the 
     personal collection of that individual, at the private 
     residence of that individual, if the individual is not 
     required to be licensed under section 923 or 932; and
       ``(C) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer at events conducted and attended 
     by permanent or annual dues paying members, and their 
     immediate family, of private, not-for-profit organizations 
     whose primary purpose is owning and maintaining real property 
     for the purpose of hunting activities.
       ``(37) The term `special firearms event licensee' means any 
     person who has obtained and holds a valid license in 
     compliance with section 932(d) and who is authorized to 
     contact the national instant criminal background check system 
     on behalf of another individual, who is not licensed under 
     this chapter, for the purpose of conducting a background 
     check for a potential firearms transfer at a special firearms 
     event in accordance with section 932(c).
       ``(38) The term `special firearms event vendor' means any 
     person who is not required to be licensed under section 923 
     and who exhibits, sells, offers for sale, transfers, or 
     exchanges 1 or more firearms at a special firearms event, 
     regardless of whether or not the person arranges with the 
     special firearms event promoter for a fixed location from 
     which to exhibit, sell, offer for sale, transfer, or exchange 
     1 or more firearms.''.

     SEC. 203. REGULATION OF FIREARMS TRANSFERS AT SPECIAL 
                   FIREARMS EVENTS.

       (a) 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 special 
       firearms events

       ``(a) Special Firearms Events Operators.--It shall be 
     unlawful for a special firearms events operator to organize, 
     plan, promote, or operate a special firearms event unless 
     that operator--
       ``(1) before the commencement of the special firearms 
     event, or in the case of a vendor who arrives after the 
     commencement of the event, upon the arrival of the vendor, 
     verifies the identity of each special firearms event vendor 
     participating in the special firearms event by examining a 
     valid identification document (as defined in section 
     1028(d)(2)) of the vendor containing a photograph of the 
     vendor;
       ``(2) before the commencement of the special firearms 
     event, or in the case of a vendor who arrives after the 
     commencement of the event, upon the arrival of the vendor, 
     requires each special firearms event 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 special firearms 
     event of the requirements of this chapter; and
       ``(4) maintains a copy of the records described in 
     paragraphs (1) and (2) at the permanent place of business of 
     the operator.
       ``(b) Fees.--The Attorney General shall not impose or 
     collect any fee from special firearms event operators in 
     connection with the requirements under this section.
       ``(c) Responsibilities of Transferors Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a special firearms event, or on the curtilage 
     of the event, 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, licensed dealer, or a special firearms event 
     licensee in accordance with subsection (d).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement under paragraph (1) shall not--

[[Page S2007]]

       ``(A) transfer the firearm to the transferee until the 
     licensed importer, licensed manufacturer, licensed dealer, or 
     a special firearms event licensee through which the transfer 
     is made makes the notification described in subsection 
     (d)(2)(A); or
       ``(B) transfer the firearm to the transferee if the person 
     has been notified under subsection (d)(2)(B) that the 
     transfer would violate section 922 or State law.
       ``(3) Absence of recordkeeping requirements.--Nothing in 
     this section shall permit or authorize the Attorney General 
     to impose recordkeeping requirements on any nonlicensed 
     special firearms event vendor.
       ``(d) Responsibilities of Licensees.--A licensed importer, 
     licensed manufacturer, licensed dealer, or special firearms 
     event licensee who agrees to assist a person who is not 
     licensed under this chapter in carrying out the 
     responsibilities of that person under subsection (c) with 
     respect to the transfer of a firearm shall--
       ``(1) except as provided in paragraph (2), 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);
       ``(2) not later than 3 business days (meaning days on which 
     State offices are open) after the date of the agreement to 
     purchase, or if the event is held in a State that has been 
     certified by the Attorney General under section 204 of the 
     Gun Show Loophole Closing Act of 2004, not later than 24 
     hours after such date (or 3 business days after such date if 
     additional information is required in order to verify 
     disqualifying information from a State that has not been 
     certified by the Attorney General), notify the nonlicensed 
     transferor and the nonlicensed transferee--
       ``(A) of any response from the national criminal background 
     check system, or if the licensee has had no response from the 
     national criminal background check system within the 
     applicable time period under this paragraph, notify the 
     nonlicensed transferor that no response has been received and 
     that the transfer may proceed; and
       ``(B) 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 State law;
       ``(3) in the case of a transfer at 1 time or during any 5 
     consecutive business days, of 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 
     recordkeeping requirements described in paragraph (4), 
     prepare a report of the multiple transfers, which report 
     shall be--
       ``(A) on a form specified by the Attorney General; and
       ``(B) not later than the close of business on the date on 
     which the multiple 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
       ``(4) comply with all recordkeeping requirements under this 
     chapter.
       ``(e) Special Firearms Event License.--
       ``(1) In general.--The Attorney General shall issue a 
     special firearms event license to a person who submits an 
     application for a special firearms event license in 
     accordance with this subsection.
       ``(2) Application.--The application required by paragraph 
     (1) shall be approved if--
       ``(A) the applicant is 21 years of age or older;
       ``(B) the application includes a photograph and the 
     fingerprints of the applicant;
       ``(C) the applicant (including, in the case of a 
     corporation, partnership, or association, any individual 
     possessing, directly or indirectly, the power to direct or 
     cause the direction of the management and policies of the 
     corporation, partnership, or association) is not prohibited 
     from transporting, shipping, or receiving firearms or 
     ammunition in interstate or foreign commerce under subsection 
     (g) or (n) of section 922;
       ``(D) the applicant has not willfully violated any of the 
     provisions of this chapter or regulations issued thereunder;
       ``(E) the applicant has not willfully failed to disclose 
     any material information required, or has not made any false 
     statement as to any material fact, in connection with the 
     application; and
       ``(F) the applicant certifies that--
       ``(i) the applicant meets the requirements of subparagraphs 
     (A) through (D) of section 923(d)(1);
       ``(ii) the business to be conducted under the license is 
     not prohibited by State or local law in the place where the 
     licensed premises is located; and
       ``(iii) the business will not be conducted under the 
     license until the requirements of State and local law 
     applicable to the business have been met.
       ``(3) Application and approval.--
       ``(A) In general.--Upon the approval of an application 
     under this subsection and payment by the applicant of a fee 
     of $200 for 3 years, and upon renewal of a valid registration 
     and payment of a fee of $90 for 3 years, the Attorney General 
     shall issue to the applicant an instant check registration, 
     and advise the Attorney General of that registration.
       ``(B) NICS.--A special firearms event licensee may contact 
     the national instant criminal background check system 
     established under section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) for information about any 
     individual desiring to obtain a firearm at a special firearms 
     event from any special firearms event vendor who has 
     requested the assistance of the registrant in complying with 
     subsection (c) with respect to the transfer of the firearm, 
     during the 3-year period that begins on the date on which the 
     registration is issued.
       ``(4) Requirements.--The requirements for a special 
     firearms event licensee shall not exceed the requirements for 
     a licensed dealer and the recordkeeping requirements shall be 
     the same.
       ``(5) Restrictions.--
       ``(A) Background checks.--A special firearms event licensee 
     may have access to the national instant criminal background 
     check system to conduct a background check only at a special 
     firearms event and only on behalf of another person.
       ``(B) Transfer of firearms.--A special firearms event 
     licensee shall not transfer a firearm at a special firearms 
     event.
       ``(f) Defined Term.--In this section, the term `firearm 
     transaction'--
       ``(1) includes the sale, offer for sale, transfer, or 
     exchange of a firearm; and
       ``(2) does not include--
       ``(A) the mere exhibition of a firearm; or
       ``(B) the sale, transfer, or exchange of firearms between 
     immediate family members, including parents, children, 
     siblings, grandparents, and grandchildren.''.
       (b) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(8)(A) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     section 932(a)(1) have not been met--
       ``(i) shall be fined under this title, imprisoned not more 
     than 2 years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(B) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     subsection (a)(2) or (c) of section 932 have not been met, 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(C) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     section 932(a)(3) have not been met, shall be fined under 
     this title, imprisoned not more than 2 years, or both.
       ``(D) In addition to any other penalties imposed under this 
     paragraph, the Attorney General may, with respect to any 
     person who 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.''.
       (c) Unlawful Acts.--Section 922(b) of title 18, United 
     States Code, is amended in the matter preceding paragraph 
     (1), by striking ``or licensed collector'' and inserting 
     ``licensed collector, or special firearms event licensee''.
       (d) Technical and Conforming Amendment.--Chapter 44 of 
     title 18, United States Code, is amended in the chapter 
     analysis, by adding at the end the following:

``932. Regulation of firearms transfers at special firearms events.''.

     SEC. 204. STATE OPTION FOR 24-HOUR BACKGROUND CHECKS AT 
                   SPECIAL FIREARMS EVENTS FOR STATES WITH 
                   COMPUTERIZED DISQUALIFYING RECORDS.

       (a) In General.--Effective 3 years after the date of 
     enactment of this Act, a State may apply to the Attorney 
     General for certification of the 24-hour verification 
     authority of that State.
       (b) Certification.--The Attorney General shall certify a 
     State for 24-hour verification authority only upon a clear 
     showing by the State, and certification by the Bureau of 
     Justice Statistics, that--
       (1) not less than 95 percent of all records containing 
     information that would disqualify an individual under 
     subsections (g) and (n) of section 922 of title 18, United 
     States Code, or under State law, is available on computer 
     records in the State, and is searchable under the national 
     instant criminal background check system established under 
     section 103 of the Brady Handgun Violence Prevention Act (18 
     U.S.C. 922 note);
       (2) not less than 95 percent of all records containing 
     information that would disqualify an individual under 
     paragraphs (8) and (9) of subsection 922(g) of title 18, 
     United States Code, or under State law, is available on 
     computer records in the State, and is searchable under the 
     national instant criminal background check system established 
     under section 103 of the Brady Handgun Violence Protection 
     Act (18 U.S.C. 922 note); and
       (3) the chief judicial officer of the State requires the 
     courts of the State to use the toll-free telephone number 
     described in subsection (d)(1) to immediately notify the 
     National Instant Criminal Background Check System each time a 
     restraining order (as described in section 922(g)(8) of title 
     18, United States Code) is issued, lifted, or otherwise 
     removed by order of the court.

[[Page S2008]]

       (c) Clarifications.--
       (1) Disqualifying information.--Disqualifying information 
     for each State under subsection (b) shall include the 
     disqualifying records for that State generated during the 30 
     years preceding the date of application to the Attorney 
     General for certification.
       (2) Toll-free telephone number.--Upon a showing by the 
     State that a court of the State has developed computer 
     systems which permit the court to immediately electronically 
     notify the National Instant Criminal Background Check System 
     with respect to the issuance or lifting of restraining 
     orders, the use of the toll-free telephone number described 
     in subsection (d)(1) shall no longer be required under 
     subsection (b)(3).
       (d) Notification Infrastructure.--Before certifying any 
     State under subsection (b), the Attorney General shall--
       (1) create a toll-free telephone number through which State 
     and local courts may immediately notify the National Instant 
     Background Check System whenever a restraining order (as 
     described in section 922(g)(8) of title 18, United States 
     Code) is issued, lifted, or otherwise removed by order of the 
     court; and
       (2) encourage States to develop computer systems that 
     permit courts to immediately electronically notify the 
     National Instant Criminal Background Check System whenever a 
     restraining order (as described in section 922(g)(8) of title 
     18, United States Code) has been issued, lifted, or otherwise 
     removed by order of the court.
       (e) 24-Hour Provision.--Upon certification by the Attorney 
     General, the 24-hour provision in section 932(c)(2) of title 
     18, United States Code, shall apply to the verification 
     process (for transfers between unlicensed persons) in that 
     State unless additional information is required in order to 
     verify disqualifying information from a State that has not 
     been certified by the Attorney General, in which case the 3 
     business day limit shall apply.
       (f) Annual Review.--The Director of the Bureau of Justice 
     Statistics shall annually review the certifications under 
     this section.
       (g) Revocation.--The Attorney General shall revoke the 
     certification required under this section for any State that 
     is not in compliance with subsection (b).

     SEC. 205. INSPECTION AUTHORITY.

       Section 923(g)(1)(B), of title 18, United States Code, is 
     amended by striking ``or licensed dealer'' and inserting 
     ``licensed dealer, or special firearms event operator''.

     SEC. 206. 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, 
     licensed collector, or special firearms event licensee 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.''.

     SEC. 207. INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL 
                   BACKGROUND CHECK REQUIREMENTS.

       Section 924(a) of title 18, United States Code, as amended 
     by section 203(b), is further amended--
       (1) in paragraph (5), by striking ``subsection (s) or (t) 
     of section 922'' and inserting ``section 922(s)''; and
       (2) 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.''.

     SEC. 208. RULE OF INTERPRETATION.

       A provision of State law is not inconsistent with this 
     title or an amendment made by this title if the provision 
     imposes a regulation or prohibition of greater scope or a 
     penalty of greater severity than any prohibition or penalty 
     imposed by this title or an amendment made by this title.

     SEC. 209. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 180 days after the date of enactment of this Act.
                                 ______
                                 
  SA 2637. Mrs. FEINSTEIN (for herself, Mr. Warner, Mr. Schumer, Mr. 
DeWine, Mr. Levin, Mr. Chafee, Mr. Dodd, Mr. Jeffords, Mrs. Boxer, Mrs. 
Clinton, Mr. Reed, Mr. Lautenberg, Ms. Mikulski, and Mr. Durbin) 
proposed an amendment to the bill S. 1805, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages resulting from the misuse of their products by others; as 
follows:

       On page 11, after line 19, add the following:

     SEC. 5. ASSAULT WEAPONS BAN REAUTHORIZATION.

       (a) Short Title.--This section may be cited as the 
     ``Assault Weapons Ban Reauthorization Act of 2004''.
       (b) 10-Year Extension of Assault Weapons Ban.--Section 
     110105 of the Public Safety and Recreational Firearms Use 
     Protection Act (18 U.S.C. 921 note) is amended to read as 
     follows:

     ``SEC. 110105. SUNSET PROVISION.

       ``This subtitle and the amendments made by this subtitle 
     are repealed September 13, 2014.''.

                          ____________________