I 

111TH CONGRESS 

1ST SESSION H. R. 2324 

To require criminal background checks on all firearms transactions occurring 

at gun shows. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2009 

Mr. CASTLE (for himself, Mrs. MCCARTHY of New York, Mr. ISRAEL, Mr. 

KIRK, Mr. CONNOLLY of Virginia, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To require criminal background checks on all firearms 

transactions occurring 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 Loophole 

5 Closing Act of 2009’’. 

6 SEC. 2. GUN SHOW BACKGROUND CHECK. 

7 (a) FINDINGS.—The Congress finds that— 

8 (1) approximately 5,200 traditional gun shows 

9 are held annually across the United States, attractVerDate Nov 24 2008 00:49 May 09, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2324.IH H2324

wwoods2 on PRODPC68 with BILLS
2 

•HR 2324 IH

1 ing thousands of attendees per show and hundreds 

2 of Federal firearms licensees and unlicensed fire3 arms sellers; and 

4 (2) gun shows at which firearms are exhibited 

5 or offered for sale or exchange provide a convenient 

6 and centralized commercial location where criminals 

7 and other prohibited persons obtain firearms without 

8 background checks and without records that enable 

9 firearm tracing. 

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

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘(36) GUN SHOW.—The term ‘gun show’— 

14 ‘‘(A) means any event at which 50 or more fire15 arms are offered or exhibited for sale, exchange, or 

16 transfer, if 1 or more of the firearms has been 

17 shipped or transported in, or otherwise affects, inter18 state or foreign commerce; 

19 ‘‘(B) does not include an offer or exhibit of fire20 arms for sale, exchange, or transfer by an individual 

21 from the personal collection of that individual, at the 

22 private residence of that individual, if the individual 

23 is not required to be licensed under section 923; and 

24 ‘‘(C) does not include an offer or exhibit of fire25 arms for sale, exchange, or transfer at events— 


wwoods2 on PRODPC68 with BILLS
3 

•HR 2324 IH

1 ‘‘(i) where not more than 100 firearms are 

2 offered or exhibited for sale, exchange or trans3 fer; 

4 ‘‘(ii) that are conducted by private, not-for5 profit organizations whose primary purpose is 

6 owning and maintaining real property for the 

7 purpose of hunting activities; and 

8 ‘‘(iii) that are attended only by permanent 

9 or annual dues-paying members of the organi10 zations, and the members of the immediate 

11 families of the dues-paying members. 

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

13 vendor’ means a person who is not licensed under section 

14 923 and who exhibits, sells, offers for sale, transfers, or 

15 exchanges a firearm at a gun show, regardless of whether 

16 or not the person arranges with the gun show operator 

17 for a fixed location from which to exhibit, sell, offer for 

18 sale, transfer, or exchange the firearm.’’. 

19 (c) REGULATION OF FIREARMS TRANSFERS AT GUN

20 SHOWS.— 

21 (1) IN GENERAL.—Chapter 44 of such title is 

22 amended by adding at the end the following: 


wwoods2 on PRODPC68 with BILLS
4 

•HR 2324 IH

1 ‘‘§ 932. Regulation of firearms transfers at gun shows 

2 ‘‘(a) REGISTRATION OF GUN SHOW OPERATORS.— 

3 It shall be unlawful for a person to operate a gun show, 

4 unless— 

5 ‘‘(1) the person has attained 21 years of age; 

6 ‘‘(2) the person (and, if the person is a corpora7 tion, partnership, or association, each individual pos8 sessing, directly or indirectly, the power to direct or 

9 cause the direction of the management and policies 

10 of the corporation, partnership, or association) is not 

11 prohibited by subsection (g) or (n) of section 922 

12 from transporting, shipping, or receiving firearms or 

13 ammunition in interstate or foreign commerce; 

14 ‘‘(3) the person has not willfully violated any 

15 provision of this chapter or regulation issued under 

16 this chapter; 

17 ‘‘(4) the person has registered with the Attor18 ney General as a gun show operator, in accordance 

19 with regulations promulgated by the Attorney Gen20 eral, and as part of the registration— 

21 ‘‘(A) has provided the Attorney General 

22 with a photograph and the fingerprints of the 

23 person; and 

24 ‘‘(B) has certified that the person meets 

25 the requirements of subparagraphs (A) through 

26 (D) of section 923(d)(1); 


wwoods2 on PRODPC68 with BILLS
5 

•HR 2324 IH

1 ‘‘(5) the person has not willfully failed to dis2 close any material information required, and has not 

3 made any false statement as to any material fact, in 

4 connection with the registration; and 

5 ‘‘(6) the person has paid the Attorney General 

6 a fee for the registration, in an amount determined 

7 by the Attorney General. 

8 ‘‘(b) RESPONSIBILITIES OF GUN SHOW OPERA9 TORS.— 

10 ‘‘(1) IN GENERAL.—It shall be unlawful for a 

11 person to operate a gun show, unless the person— 

12 ‘‘(A) not later than 30 days before the 

13 commencement of the gun show, notifies the 

14 Attorney General, in writing, of the date, time, 

15 duration, and location of the gun show, and the 

16 identity of each person who will be a gun show 

17 vendor at the gun show; 

18 ‘‘(B) before commencement of the gun 

19 show— 

20 ‘‘(i) verifies the identity of each indi21 vidual who will be a gun show vendor at 

22 the gun show by examining a valid identi23 fication document (as defined in section 

24 1028(d)(3)) of the individual containing a 

25 photograph of the individual; and 


wwoods2 on PRODPC68 with BILLS
6 

•HR 2324 IH

1 ‘‘(ii) requires each such individual to 

2 sign— 

3 ‘‘(I) a ledger, and enter into the 

4 ledger identifying information con5 cerning the individual; and 

6 ‘‘(II) a notice which sets forth 

7 the obligations of a gun show vendor 

8 under this chapter; and 

9 ‘‘(C) notifies each person who attends the 

10 gun show of the requirements of this chapter, 

11 in accordance with such regulations as the At12 torney General shall prescribe. 

13 ‘‘(2) RECORDKEEPING.—A person who oper14 ates, or has operated, a gun show shall maintain 

15 records demonstrating compliance with paragraph 

16 (1)(B), at such place, for such period of time, and 

17 in such form as the Attorney General shall require 

18 by regulation, or transmit the records to the Attor19 ney General. 

20 ‘‘(c) BACKGROUND CHECK REQUIRED BEFORE

21 TRANSFER OF FIREARM BETWEEN UNLICENSED PER22 SONS.—It shall be unlawful for a person who is not li23 censed under this chapter to transfer possession of, or title 

24 to, a firearm at, or on the curtilage of, a gun show, to 

25 another person who is not so licensed, or for a person who 


wwoods2 on PRODPC68 with BILLS
7 

•HR 2324 IH

1 is not so licensed to receive possession of, or title to, a 

2 firearm at, or on the curtilage of, a gun show from another 

3 person who is not so licensed, unless a licensed importer, 

4 licensed manufacturer, or licensed dealer— 

5 ‘‘(1) has entered into a separate bound record 

6 the make, model, and serial number of the firearm, 

7 and such other information about the transaction as 

8 the Attorney General may require by regulation; and 

9 ‘‘(2) has notified the prospective transferor and 

10 prospective transferee of the firearm that the na11 tional instant criminal background check system es12 tablished under section 103 of the Brady Handgun 

13 Violence Prevention Act has provided the licensee 

14 with a unique identification number, indicating that 

15 receipt of the firearm by the prospective transferee 

16 would not violate section 922 of this title or State 

17 law. 

18 ‘‘(d) RECORDKEEPING REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.—A licensee who provides a 

20 notice pursuant to subsection (c)(2) with respect to 

21 the transfer of a firearm shall— 

22 ‘‘(A) not later than 10 days after the date 

23 of the transfer, submit to the Attorney General 

24 a report of the transfer, which report shall 

25 specify the make, model, and serial number of 


wwoods2 on PRODPC68 with BILLS
8 

•HR 2324 IH

1 the firearm, and contain such other information 

2 and be on such form, as the Attorney General 

3 shall require by regulation, except that the re4 port shall not include the name of or other 

5 identifying information relating to any person 

6 involved in the transfer who is not licensed 

7 under this chapter; and 

8 ‘‘(B) retain a record of the transfer, in9 cluding the same information as would be re10 quired if the transfer were from the inventory 

11 of the licensee, as part of the permanent busi12 ness records of the licensee. 

13 ‘‘(2) LIMITATION.—The Attorney General may 

14 not impose any recordkeeping requirement on any 

15 gun show vendor by reason of this section.’’. 

16 (2) PENALTIES.—Section 924(a) of such title is 

17 amended by adding at the end the following: 

18 ‘‘(8)(A) Whoever knowingly violates subsection (a) or 

19 (d) of section 932 shall be fined under this title, impris20 oned not more than 5 years, or both. 

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

22 of section 932, shall be— 

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

24 than 2 years, or both; and 


wwoods2 on PRODPC68 with BILLS
9 

•HR 2324 IH

1 ‘‘(ii) in the case of a second or subsequent con2 viction, fined under this title, imprisoned not more 

3 than 5 years, or both. 

4 ‘‘(C) In addition to any other penalties imposed 

5 under this paragraph, the Attorney General may, with re6 spect to any person who knowingly violates any provision 

7 of section 932— 

8 ‘‘(i) if the person is registered pursuant to sec9 tion 932(a), after notice and opportunity for a hear10 ing, suspend for not more than 6 months or revoke 

11 the registration of that person under section 932(a); 

12 and 

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

14 not more than $10,000.’’. 

15 (3) CLERICAL AMENDMENT.—The table of con16 tents for chapter 44 of such title is amended by add17 ing at the end the following: 

‘‘Sec. 932. Regulation of firearms transfers at gun shows.’’. 

18 (d) INSPECTION AUTHORITY.—Section 923(g)(1) of 

19 such title is amended by adding at the end the following: 

20 ‘‘(E) Notwithstanding subparagraph (B) of 

21 this paragraph, the Attorney General may enter 

22 during business hours any place where a gun 

23 show operator operates a gun show or is re24 quired to maintain records pursuant to section 

25 932(b)(2), for purposes of examining the 


wwoods2 on PRODPC68 with BILLS
10 

•HR 2324 IH

1 records required by sections 923 and 932 and 

2 the inventory of licensees conducting business 

3 at the gun show. The entry and examination 

4 shall be conducted for the purposes of deter5 mining compliance with this chapter by gun 

6 show operators and licensees conducting busi7 ness at the gun show, and shall not require a 

8 showing of reasonable cause or a warrant.’’. 

9 (e) REPORTS OF MULTIPLE SALES ASSISTED BY LI10 CENSEES AT GUN SHOWS.—Section 923(g)(3)(A) of such 

11 title is amended by inserting ‘‘or provides pursuant to sec12 tion 932(c)(2) notice with respect to,’’ after ‘‘sells or oth13 erwise disposes of,’’. 

14 (f) INCREASED PENALTIES FOR SERIOUS RECORD15 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3) 

16 of such title is amended to read as follows: 

17 ‘‘(3)(A) Except as provided in subparagraph 

18 (B), any licensed dealer, licensed importer, licensed 

19 manufacturer, or licensed collector who knowingly 

20 makes any false statement or representation with re21 spect to the information required by this chapter to 

22 be kept in the records of a person licensed under 

23 this chapter, or violates section 922(m), shall be 

24 fined under this title, imprisoned not more than 1 

25 year, or both. 


wwoods2 on PRODPC68 with BILLS
11 

•HR 2324 IH

1 ‘‘(B) If the violation described in subparagraph 

2 (A) is in relation to an offense— 

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

4 922(b), such person shall be fined under this 

5 title, imprisoned not more than 5 years, or 

6 both; or 

7 ‘‘(ii) under subsection (a)(6) or (d) of sec8 tion 922, such person shall be fined under this 

9 title, imprisoned not more than 10 years, or 

10 both.’’. 

11 (g) INCREASED PENALTIES FOR VIOLATIONS OF

12 CRIMINAL BACKGROUND CHECK REQUIREMENTS.— 

13 (1) PENALTIES.—Section 924(a)(5) of such 

14 title is amended— 

15 (A) by striking ‘‘subsection (s) or (t) of 

16 section 922’’ and inserting ‘‘section 922(t)’’; 

17 and 

18 (B) by striking ‘‘1’’ and inserting ‘‘5’’. 

19 (2) ELIMINATION OF CERTAIN ELEMENTS OF

20 OFFENSE.—Section 922(t)(5) of such title is amend21 ed by striking ‘‘and, at the time’’ and all that fol22 lows through ‘‘State law’’. 

23 (h) AUTHORITY TO HIRE PERSONNEL TO INSPECT

24 GUN SHOWS.—The Director of the Bureau of Alcohol, To25 bacco, Firearms, and Explosives may hire at least 40 addiVerDate Nov 24 2008 00:49 May 09, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2324.IH H2324

wwoods2 on PRODPC68 with BILLS
12 

•HR 2324 IH

1 tional Industry Operations Investigators for the purpose 

2 of carrying out inspections of gun shows (as defined in 

3 section 921(a)(36) of title 18, United States Code). 

4 (i) REPORT TO THE CONGRESS.—The Director of the 

5 Bureau of Alcohol, Tobacco, Firearms, and Explosives 

6 shall submit biennial reports to the Congress on how fire7 arms (as defined in section 921(a)(3) of title 18, United 

8 States Code) are sold at gun shows (as defined in para9 graph (36) of such section), how this section is being car10 ried out, whether firearms are being sold without back11 ground checks conducted by the national instant criminal 

12 background check system established under section 103 

13 of the Brady Handgun Violence Prevention Act, what re14 sources are needed to carry out this section, and any rec15 ommendations for improvements to ensure that firearms 

16 are not sold without the background checks. 

17 (j) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall take effect 180 days after 

19 the date of enactment of this Act. 

Æ 


wwoods2 on PRODPC68 with BILLS