I 

108TH CONGRESS 

1ST SESSION H. R. 260

To extend Brady background checks to gun shows, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2003

Mr. CONYERS (for himself, Mr. NADLER, Mr. ACKERMAN, Ms. CORRINE

BROWN of Florida, Mr. DELAHUNT, Ms. KILPATRICK, Ms. LEE, Mr. 

MARKEY, Ms. SCHAKOWSKY, Mr. BLUMENAUER, Mr. CUMMINGS, Mr. 

FATTAH, Mr. HASTINGS of Florida, Mr. KENNEDY of Rhode Island, Ms. 

LOFGREN, Mr. MEEHAN, Mr. TOWNS, Mr. WEXLER, Mr. DEUTSCH, Mr. 

FRANK of Massachusetts, Ms. DEGETTE, Mr. PAYNE, Mr. STARK, Mr. 

BERMAN, Mr. DAVIS of Florida, Mr. CLAY, Ms. NORTON, Mr. HOLT, Mr. 

GUTIERREZ, and Mr. MCDERMOTT) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL

To extend Brady background checks to gun shows, and for 

other purposes.

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 Background 

5 Check Act of 2003’’. 

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 fol11 lowing: 

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—

20 ‘‘(i) not less than 20 percent of the exhibi21 tors are firearm exhibitors; 

22 ‘‘(ii) there are not less than 10 firearm ex23 hibitors; or 

24 ‘‘(iii) 50 or more firearms are offered for 

25 sale, transfer, or exchange.
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1 ‘‘(36) GUN SHOW PROMOTER.—The term ‘gun show 

2 promoter’ means any person who organizes, plans, pro3 motes, or operates a gun show. 

4 ‘‘(37) GUN SHOW VENDOR.—The term ‘gun show 

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

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

7 show, regardless of whether or not the person arranges 

8 with the gun show promoter for a fixed location from 

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

10 1 or more firearms.’’. 

11 (b) REGULATION OF FIREARMS TRANSFERS AT GUN

12 SHOWS.—

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

14 United States Code, is amended by adding at the 

15 end the following: 

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

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

18 It shall be unlawful for any person to organize, plan, pro19 mote, or operate a gun show unless that person— 

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

21 with regulations promulgated by the Secretary; and 

22 ‘‘(2) pays a registration fee, in an amount de23 termined by the Secretary. 
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1 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO2 MOTERS.—It shall be unlawful for any person to organize, 

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

4 ‘‘(1) before commencement of the gun show, 

5 verifies the identity of each gun show vendor partici6 pating in the gun show by examining a valid identi7 fication document (as defined in section 1028(d)(1)) 

8 of the vendor containing a photograph of the vendor; 

9 ‘‘(2) before commencement of the gun show, re10 quires each gun show vendor to sign— 

11 ‘‘(A) a ledger with identifying information 

12 concerning the vendor; and 

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

14 obligations of the vendor under this chapter; 

15 ‘‘(3) notifies each person who attends the gun 

16 show of the requirements of this chapter, in accord17 ance with such regulations as the Secretary shall 

18 prescribe; and 

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

20 in paragraphs (1) and (2) at the permanent place of 

21 business of the gun show promoter for such period 

22 of time and in such form as the Secretary shall re23 quire by regulation. 

24 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

25 THAN LICENSEES.—
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1 ‘‘(1) IN GENERAL.—If any part of a firearm 

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

3 unlawful for any person who is not licensed under 

4 this chapter to transfer a firearm to another person 

5 who is not licensed under this chapter, unless the 

6 firearm is transferred through a licensed importer, 

7 licensed manufacturer, or licensed dealer in accord8 ance with subsection (e). 

9 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per10 son who is subject to the requirement of paragraph 

11 (1)—

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

13 transferee until the licensed importer, licensed 

14 manufacturer, or licensed dealer through which 

15 the transfer is made under subsection (e) 

16 makes the notification described in subsection 

17 (e)(3)(A); and 

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

19 shall not transfer the firearm to the transferee 

20 if the licensed importer, licensed manufacturer, 

21 or licensed dealer through which the transfer is 

22 made under subsection (e) makes the notifica23 tion described in subsection (e)(3)(B). 

24 ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE25 MENTS.—Nothing in this section shall permit or au-
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1 thorize the Secretary to impose recordkeeping re2 quirements on any nonlicensed vendor. 

3 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

4 THAN LICENSEES.—

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

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

7 unlawful for any person who is not licensed under 

8 this chapter to receive a firearm from another per9 son who is not licensed under this chapter, unless 

10 the firearm is transferred through a licensed im11 porter, licensed manufacturer, or licensed dealer in 

12 accordance with subsection (e). 

13 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per14 son who is subject to the requirement of paragraph 

15 (1)— 

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

17 transferor until the licensed importer, licensed 

18 manufacturer, or licensed dealer through which 

19 the transfer is made under subsection (e) 

20 makes the notification described in subsection 

21 (e)(3)(A); and 

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

23 shall not receive the firearm from the transferor

24 if the licensed importer, licensed manufacturer, 

25 or licensed dealer through which the transfer is 
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1 made under subsection (e) makes the notifica2 tion described in subsection (e)(3)(B). 

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

4 importer, licensed manufacturer, or licensed dealer who 

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

6 chapter in carrying out the responsibilities of that person 

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

8 of a firearm shall—

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

10 as the Secretary may require by regulation into a 

11 separate bound record; 

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

13 the Secretary; 

14 ‘‘(3) comply with section 922(t) as if transfer15 ring the firearm from the inventory of the licensed 

16 importer, licensed manufacturer, or licensed dealer 

17 to the designated transferee (although a licensed im18 porter, licensed manufacturer, or licensed dealer 

19 complying with this subsection shall not be required 

20 to comply again with the requirements of section 

21 922(t) in delivering the firearm to the nonlicensed 

22 transferor), and notify the nonlicensed transferor 

23 and the nonlicensed transferee—

24 ‘‘(A) of such compliance; and 
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1 ‘‘(B) if the transfer is subject to the re2 quirements of section 922(t)(1), of any receipt 

3 by the licensed importer, licensed manufacturer, 

4 or licensed dealer of a notification from the na5 tional instant criminal background check sys6 tem that the transfer would violate section 922 

7 or would violate State law; 

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

9 which the transfer occurs, submit to the Secretary a 

10 report of the transfer, which report—

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

12 Secretary by regulation; and 

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

14 identifying information relating to any person 

15 involved in the transfer who is not licensed 

16 under this chapter; 

17 ‘‘(5) if the licensed importer, licensed manufac18 turer, or licensed dealer assists a person other than 

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

20 5 consecutive business days, 2 or more pistols or re21 volvers, or any combination of pistols and revolvers 

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

23 in addition to the reports required under paragraph 

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

25 report shall be—
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1 ‘‘(A) prepared on a form specified by the 

2 Secretary; and 

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

4 on the date on which the transfer occurs, for5 warded to— 

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

7 described in subparagraph (A); and 

8 ‘‘(ii) the appropriate State law en9 forcement agency of the jurisdiction in 

10 which the transfer occurs; and 

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

12 the permanent business records of the licensed im13 porter, licensed manufacturer, or licensed dealer. 

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

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

16 each licensed importer, licensed manufacturer, and li17 censed dealer who transfers 1 or more firearms to a person 

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

19 10 days after the date on which the transfer occurs, sub20 mit to the Secretary a report of the transfer, which re21 port—

22 ‘‘(1) shall be in a form specified by the Sec23 retary by regulation; 
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1 ‘‘(2) shall not include the name of or other 

2 identifying information relating to the transferee; 

3 and 

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

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

6 ‘‘(g) FIREARM TRANSACTION DEFINED.—In this sec7 tion, the term ‘firearm transaction’— 

8 ‘‘(1) includes the offer for sale, sale, transfer, 

9 or exchange of a firearm; and 

10 ‘‘(2) does not include the mere exhibition of a 

11 firearm.’’. 

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

13 United States Code, is amended by adding at the 

14 end the following: 

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

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

17 5 years, or both. 

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

19 of section 931, shall be—

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

21 than 2 years, or both; and 

22 ‘‘(ii) in the case of a second or subsequent con23 viction, such person shall be fined under this title, 

24 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.’’;

3 and 

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

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

6 ‘‘an event’’. 

7 (c) INSPECTION AUTHORITY.—Section 923(g)(1) of 

8 title 18, United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘(E) Notwithstanding subparagraph (B), the Sec11 retary may enter during business hours the place of busi12 ness of any gun show promoter and any place where a 

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

14 required by sections 923 and 931 and the inventory of 

15 licensees conducting business at the gun show. Such entry 

16 and examination shall be conducted for the purposes of 

17 determining compliance with this chapter by gun show 

18 promoters and licensees conducting business at the gun 

19 show and shall not require a showing of reasonable cause 

20 or a warrant.’’. 

21 (d) INCREASED PENALTIES FOR SERIOUS RECORD22 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3) 

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

24 follows: 
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1 ‘‘(3)(A) Except as provided in subparagraph (B), any 

2 licensed dealer, licensed importer, licensed manufacturer, 

3 or licensed collector who knowingly makes any false state4 ment or representation with respect to the information re5 quired by this chapter to be kept in the records of a person 

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

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

8 1 year, or both. 

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

10 is in relation to an offense— 

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

12 922(b), such person shall be fined under this title, 

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

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

15 922, such person shall be fined under this title, im16 prisoned not more than 10 years, or both.’’. 

17 (e) INCREASED PENALTIES FOR VIOLATIONS OF

18 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

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

20 United States Code, is amended—

21 (A) in paragraph (5), by striking ‘‘sub22 section (s) or (t) of section 922’’ and inserting 

23 ‘‘section 922(s)’’; and 

24 (B) by adding at the end the following: 
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1 ‘‘(8) Whoever knowingly violates section 922(t) shall 

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

3 years, or both.’’. 

4 (2) ELIMINATION OF CERTAIN ELEMENTS OF

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

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

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

8 (f) GUN OWNER PRIVACY AND PREVENTION OF

9 FRAUD AND ABUSE OF SYSTEM INFORMATION.—Section 

10 922(t)(2)(C) of title 18, United States Code, is amended 

11 by inserting before the period at the end the following: 

12 ‘‘, as soon as possible, consistent with the responsibility 

13 of the Attorney General under section 103(h) of the Brady 

14 Handgun Violence Prevention Act to ensure the privacy 

15 and security of the system and to prevent system fraud 

16 and abuse, but in no event later than 90 days after the 

17 date on which the licensee first contacts the system with 

18 respect to the transfer’’. 

19 (g) EFFECTIVE DATE.—This Act and the amend20 ments made by this Act shall take effect 180 days after 

21 the date of enactment of this Act.

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