I

106TH CONGRESS

1ST SESSION H. R. 902

To regulate the sale of firearms at gun shows.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1999

Mr. BLAGOJEVICH (for himself, Mr. SHAYS, Mr. CASTLE, Mr. CONYERS, Mr.

SCOTT, Mrs. MCCARTHY of New York, Mrs. MORELLA, Mr. KENNEDY

of Rhode Island, Mr. WEYGAND, Ms. KILPATRICK, Mr. UNDERWOOD,

Mrs. MALONEY of New York, Mr. MORAN of Virginia, Mr. FORD, Mr.

MARKEY, Mr. WAXMAN, Mr. WEXLER, Mr. PASCRELL, Mr. JACKSON of

Illinois, Mr. NADLER, Mr. DAVIS of Illinois, Ms. DEGETTE, Ms.

DELAURO, Mr. LIPINSKI, Ms. PELOSI, Mr. MCGOVERN, Mrs. TAUSCHER,

and Mrs. CHRISTIAN-CHRISTENSEN) introduced the following bill; which

was referred to the Committee on the Judiciary

A BILL

To regulate the sale of firearms at gun shows.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Gun Show Account5 ability Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) more than 4,400 traditional gun shows are

2 held annually across the United States, attracting

3 thousands of attendees per show and hundreds of

4 Federal firearms licensees and nonlicensed firearms

5 sellers;

6 (2) traditional gun shows, as well as flea mar7 kets and other organized events, at which a large

8 number of firearms are offered for sale by Federal

9 firearms licensees and nonlicensed firearms sellers,

10 form a significant part of the national firearms mar11 ket;

12 (3) firearms and ammunition that are exhibited

13 or offered for sale or exchange at gun shows, flea

14 markets, and other organized events move easily in

15 and substantially affect interstate commerce;

16 (4) in fact, even before a firearm is exhibited or

17 offered for sale or exchange at a gun show, flea mar18 ket, or other organized event, the gun, its component

19 parts, ammunition, and the raw materials from

20 which it is manufactured have moved in interstate

21 commerce;

22 (5) gun shows, flea markets, and other orga23 nized events at which firearms are exhibited or of24 fered for sale or exchange, provide a convenient and

25 centralized commercial location at which firearms
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1 may be bought and sold anonymously, often without

2 background checks and without records that enable

3 gun tracing;

4 (6) at gun shows, flea markets, and other orga5 nized events at which guns are exhibited or offered

6 for sale or exchange, criminals and other prohibited

7 persons obtain guns without background checks and

8 frequently use guns that cannot be traced to later

9 commit crimes;

10 (7) many persons who buy and sell firearms at

11 gun shows, flea markets, and other organized events

12 cross State lines to attend these events and engage

13 in the interstate transportation of firearms obtained

14 at these events;

15 (8) gun violence is a pervasive, national prob16 lem that is exacerbated by the availability of guns at

17 gun shows, flea markets, and other organized events;

18 (9) firearms associated with gun shows have

19 been transferred illegally to residents of another

20 State by Federal firearms licensees and nonlicensed

21 firearms sellers, and have been involved in subse22 quent crimes including drug offenses, crimes of vio23 lence, property crimes, and illegal possession of fire24 arms by felons and other prohibited persons; and
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1 (10) Congress has the power, under the inter2 state commerce clause and other provisions of the

3 Constitution of the United States, to ensure, by en4 actment of this Act, that criminals and other prohib5 ited persons do not obtain firearms at gun shows,

6 flea markets, and other organized events.

7 SEC. 3. EXTENSION OF BRADY BACKGROUND CHECKS TO

8 GUN SHOWS.

9 (a) DEFINITIONS.—Section 921(a) of title 18, United

10 States Code, is amended by adding at the end the follow11 ing:

12 ‘‘(35) GUN SHOW.—The term ‘gun show’ means any

13 event—

14 ‘‘(A) at which 50 or more firearms are offered

15 or exhibited for sale, transfer, or exchange, if 1 or

16 more of the firearms has been shipped or trans17 ported in, or otherwise affects, interstate or foreign

18 commerce; and

19 ‘‘(B) at which 2 or more persons are offering

20 or exhibiting 1 or more firearms for sale, transfer,

21 or exchange.

22 ‘‘(36) GUN SHOW PROMOTER.—The term ‘gun show

23 promoter’ means any person who organizes, plans, pro24 motes, or operates a gun show.
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1 ‘‘(37) GUN SHOW VENDOR.—The term ‘gun show

2 vendor’ means any person who exhibits, sells, offers for

3 sale, transfers, or exchanges 1 or more firearms at a gun

4 show, regardless of whether or not the person arranges

5 with the gun show promoter for a fixed location from

6 which to exhibit, sell, offer for sale, transfer, or exchange

7 1 or more firearms.’’

8 (b) REGULATION OF FIREARMS TRANSFERS AT GUN

9 SHOWS.—

10 (1) IN GENERAL.—Chapter 44 of title 18,

11 United States Code, is amended by adding at the

12 end the following:

13 ‘‘§ 931. Regulation of firearms transfers at gun shows

14 ‘‘(a) REGISTRATION OF GUN SHOW PROMOTERS.—

15 It shall be unlawful for any person to organize, plan, pro16 mote, or operate a gun show unless that person—

17 ‘‘(1) registers with the Secretary in accordance

18 with regulations promulgated by the Secretary; and

19 ‘‘(2) pays a registration fee, in an amount de20 termined by the Secretary.

21 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PROMOT22 ERS.—It shall be unlawful for any person to organize,

23 plan, promote, or operate a gun show unless that person—

24 ‘‘(1) not later that 30 days before commence25 ment of the gun show, notifies the Secretary of the
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1 date, time, duration, and location of the gun show

2 and any other information concerning the gun show

3 as the Secretary may require by regulation;

4 ‘‘(2) not later than 72 hours before commence5 ment of the gun show, submits to the Secretary an

6 updated list of all gun show vendors planning to par7 ticipate in the gun show and any other information

8 concerning such vendors as the Secretary may re9 quire by regulation;

10 ‘‘(3) before commencement of the gun show,

11 verifies the identity of each gun show vendor partici12 pating in the gun show by examining a valid identi13 fication document (as defined in section 1028(d)(1))

14 of the vendor containing a photograph of the vendor;

15 ‘‘(4) before commencement of the gun show, re16 quires each gun show vendor to sign—

17 ‘‘(A) a ledger with identifying information

18 concerning the vendor; and

19 ‘‘(B) a notice advising the vendor of the

20 obligations of the vendor under this chapter;

21 and

22 ‘‘(5) notifies each person who attends the gun

23 show of the requirements of this chapter, in accord24 ance with such regulations as the Secretary shall

25 prescribe;
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1 ‘‘(6) not later than 5 days after the last day of

2 the gun show, submits to the Secretary a copy of the

3 ledger and notice described in paragraph (4); and

4 ‘‘(7) maintains a copy of the records described

5 in paragraphs (2) through (4) at the permanent

6 place of business of the gun show promoter for such

7 period of time and in such form as the Secretary

8 shall require by regulation.

9 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

10 THAN LICENSEES.—

11 ‘‘(1) IN GENERAL.—If any part of a firearm

12 transaction takes place at a gun show, it shall be

13 unlawful for any person who is not licensed under

14 this chapter to transfer a firearm to another person

15 who is not licensed under this chapter, unless the

16 firearm is transferred through a licensed importer,

17 licensed manufacturer, or licensed dealer in accord18 ance with subsection (e).

19 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per20 son who is subject to the requirement of paragraph

21 (1)—

22 ‘‘(A) shall not transfer the firearm to the

23 transferee until the licensed importer, licensed

24 manufacturer, or licensed dealer through which

25 the transfer is made under subsection (e)
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1 makes the notification described in subsection

2 (e)(3)(A); and

3 ‘‘(B) notwithstanding subparagraph (A),

4 shall not transfer the firearm to the transferee

5 if the licensed importer, licensed manufacturer,

6 or licensed dealer through which the transfer is

7 made under subsection (e) makes the notifica8 tion described in subsection (e)(3)(B).

9 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

10 THAN LICENSEES.—

11 ‘‘(1) IN GENERAL.—If any part of a firearm

12 transaction takes place at a gun show, it shall be

13 unlawful for any person who is not licensed under

14 this chapter to receive a firearm from another per15 son who is not licensed under this chapter, unless

16 the firearm is transferred through a licensed im17 porter, licensed manufacturer, or licensed dealer in

18 accordance with subsection (e).

19 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per20 son who is subject to the requirement of paragraph

21 (1)—

22 ‘‘(A) shall not receive the firearm from the

23 transferor until the licensed importer, licensed

24 manufacturer, or licensed dealer through which

25 the transfer is made under subsection (e)
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1 makes the notification described in subsection

2 (e)(3)(A); and

3 ‘‘(B) notwithstanding subparagraph (A),

4 shall not receive the firearm from the transferor

5 if the licensed importer, licensed manufacturer,

6 or licensed dealer through which the transfer is

7 made under subsection (e) makes the notifica8 tion described in subsection (e)(3)(B).

9 ‘‘(e) RESPONSIBILITIES OF LICENSEES.—A licensed

10 importer, licensed manufacturer, or licensed dealer who

11 agrees to assist a person who is not licensed under this

12 chapter in carrying out the responsibilities of that person

13 under subsection (c) or (d) with respect to the transfer

14 of a firearm shall—

15 ‘‘(1) enter such information about the firearm

16 as the Secretary may require by regulation into a

17 separate bound record;

18 ‘‘(2) record the transfer on a form specified by

19 the Secretary;

20 ‘‘(3) comply with section 922(t) as if transfer21 ring the firearm from the inventory of the licensed

22 importer, licensed manufacturer, or licensed dealer

23 to the designated transferee (although a licensed im24 porter, licensed manufacturer, or licensed dealer

25 complying with this subsection shall not be required
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1 to comply again with the requirements of section

2 922(t) in delivering the firearm to the nonlicensed

3 transferor), and notify the nonlicensed transferor

4 and the nonlicensed transferee—

5 ‘‘(A) of such compliance; and

6 ‘‘(B) if the transfer is subject to the re7 quirements of section 922(t)(1), of any receipt

8 by the licensed importer, licensed manufacturer,

9 or licensed dealer of a notification from the na10 tional instant criminal background check sys11 tem that the transfer would violate section 922

12 or would violate State law;

13 ‘‘(4) not later than 10 days after the date on

14 which the transfer occurs, submit to the Secretary a

15 report of the transfer, which report—

16 ‘‘(A) shall be on a form specified by the

17 Secretary by regulation; and

18 ‘‘(B) shall not include the name of or other

19 identifying information relating to any person

20 involved in the transfer who is not licensed

21 under this chapter;

22 ‘‘(5) if the licensed importer, licensed manufac23 turer, or licensed dealer assists a person other than

24 a licensee in transferring, at 1 time or during any

25 5 consecutive business days, 2 or more pistols or re-
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1 volvers, or any combination of pistols and revolvers

2 totaling 2 or more, to the same nonlicensed person,

3 in addition to the reports required under paragraph

4 (4), prepare a report of the multiple transfers, which

5 report shall be—

6 ‘‘(A) prepared on a form specified by the

7 Secretary; and

8 ‘‘(B) not later than the close of business

9 on the date on which the transfer occurs, for10 warded to—

11 ‘‘(i) the office specified on the form

12 described in subparagraph (A); and

13 ‘‘(ii) the appropriate State law en14 forcement agency of the jurisdiction in

15 which the transfer occurs; and

16 ‘‘(6) retain a record of the transfer as part of

17 the permanent business records of the licensed im18 porter, licensed manufacturer, or licensed dealer.

19 ‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If any

20 part of a firearm transaction takes place at a gun show,

21 each licensed importer, licensed manufacturer, and li22 censed dealer who transfers 1 or more firearms to a person

23 who is not licensed under this chapter shall, not later than

24 10 days after the date on which the transfer occurs, sub-
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1 mit to the Secretary a report of the transfer, which

2 report—

3 ‘‘(1) shall be in a form specified by the Sec4 retary by regulation;

5 ‘‘(2) shall not include the name of or other

6 identifying information relating to the transferee;

7 and

8 ‘‘(3) shall not duplicate information provided in

9 any report required under subsection (e)(4).

10 ‘‘(g) FIREARM TRANSACTION DEFINED.—In this sec11 tion, the term ‘firearm transaction’ includes the exhibition,

12 sale, offer for sale, transfer, or exchange of a firearm.’’.

13 (2) PENALTIES.—Section 924(a) of title 18,

14 United States Code, is amended by adding at the

15 end the following:

16 ‘‘(7)(A) Whoever knowingly violates section 931(a)

17 shall be fined under this title, imprisoned not more than

18 5 years, or both.

19 ‘‘(B) Whoever knowingly violates subsection (b) or (c)

20 of section 931, shall be—

21 ‘‘(i) fined under this title, imprisoned not more

22 than 2 years, or both; and

23 ‘‘(ii) in the case of a second or subsequent con24 viction, such person shall be fined under this title,

25 imprisoned not more than 5 years, or both.
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1 ‘‘(C) Whoever willfully violates section 931(d), shall

2 be—

3 ‘‘(i) fined under this title, imprisoned not more

4 than 2 years, or both; and

5 ‘‘(ii) in the case of a second or subsequent con6 viction, such person shall be fined under this title,

7 imprisoned not more than 5 years, or both.

8 ‘‘(D) Whoever knowingly violates subsection (e) or (f)

9 of section 931 shall be fined under this title, imprisoned

10 not more than 5 years, or both.

11 ‘‘(E) In addition to any other penalties imposed

12 under this paragraph, the Secretary may, with respect to

13 any person who knowingly violates any provision of section

14 931—

15 ‘‘(i) if the person is registered pursuant to sec16 tion 931(a), after notice and opportunity for a hear17 ing, suspend for not more than 6 months or revoke

18 the registration of that person under section 931(a);

19 and

20 ‘‘(ii) impose a civil fine in an amount equal to

21 not more than $10,000.’’.

22 (3) TECHNICAL AND CONFORMING AMEND23 MENTS.—Chapter 44 of title 18, United States

24 Code, is amended—
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1 (A) in the chapter analysis, by adding at

2 the end the following:

‘‘931. Regulation of firearms transfers at gun shows.’’; and

3 (B) in the first sentence of section 923(j),

4 by striking ‘‘a gun show or event’’ and inserting

5 ‘‘an event’’; and

6 (c) INSPECTION AUTHORITY.—Section 923(g)(1) is

7 amended by adding at the end the following:

8 ‘‘(E) Notwithstanding subparagraph (B), the Sec9 retary may enter during business hours the place of busi10 ness of any gun show promoter and any place where a

11 gun show is held for the purposes of examining the records

12 required by sections 923 and 931 and the inventory of

13 licensees conducting business at the gun show. Such entry

14 and examination shall be conducted for the purposes of

15 determining compliance with this chapter by gun show

16 promoters and licensees conducting business at the gun

17 show and shall not require a showing of reasonable cause

18 or a warrant.’’.

19 (d) INCREASED PENALTIES FOR SERIOUS RECORD20 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3)

21 of title 18, United States Code, is amended to read as

22 follows:

23 ‘‘(3)(A) Except as provided in subparagraph (B), any

24 licensed dealer, licensed importer, licensed manufacturer,

25 or licensed collector who knowingly makes any false state-
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1 ment or representation with respect to the information re2 quired by this chapter to be kept in the records of a person

3 licensed under this chapter, or violates section 922(m)

4 shall be fined under this title, imprisoned not more than

5 1 year, or both.

6 ‘‘(B) If the violation described in subparagraph (A)

7 is in relation to an offense—

8 ‘‘(i) under paragraph (1) or (3) of section

9 922(b), such person shall be fined under this title,

10 imprisoned not more than 5 years, or both; or

11 ‘‘(ii) under subsection (a)(6) or (d) of section

12 922, such person shall be fined under this title, im13 prisoned not more than 10 years, or both.’’.

14 (e) INCREASED PENALTIES FOR VIOLATIONS OF

15 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

16 (1) PENALTIES.—Section 924 of title 18,

17 United States Code, is amended—

18 (A) in paragraph (5), by striking ‘‘sub19 section (s) or (t) of section 922’’ and inserting

20 ‘‘section 922(s)’’; and

21 (B) by adding at the end the following:

22 ‘‘(8) Whoever knowingly violates section 922(t) shall

23 be fined under this title, imprisoned not more than 5

24 years, or both.’’.
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1 (2) ELIMINATION OF CERTAIN ELEMENTS OF

2 OFFENSE.—Section 922(t)(5) of title 18, United

3 States Code, is amended by striking ‘‘and, at the

4 time’’ and all that follows through ‘‘State law’’.

5 (f) EFFECTIVE DATE.—This section and the amend6 ments made by this section shall take effect 180 days after

7 the date of enactment of this Act.

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