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106TH CONGRESS

1ST SESSION H. R. 109

To better regulate the transfer of firearms at gun shows.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. BLAGOJEVICH (for himself, Mr. CASTLE, Mr. SHAYS, Mr. MORAN of Virginia, Mr. WEXLER, Mr. STARK, Mr. KENNEDY of Rhode Island, Ms.

DEGETTE, Mr. JACKSON of Illinois, Mrs. MCCARTHY of New York, Mr.

NADLER, Mrs. MORELLA, Mr. LIPINSKI, Ms. KILPATRICK, Mr. WAXMAN,

Mr. OLVER, Mrs. MALONEY of New York, Mr. UNDERWOOD, Mr. ENGEL,

Mr. DAVIS of Illinois, Mr. MARKEY, Ms. DELAURO, Ms. CHRISTIANGREEN, Mr. FORD, Ms. CARSON, Mr. CONYERS, Ms. LEE, and Ms.

LOFGREN) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To better regulate the transfer 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. REGULATION OF GUN SHOWS.

4 (a) IN GENERAL.—Section 923 of title 18, United

5 States Code, is amended by adding at the end the follow6 ing:

7 ‘‘(m)(1) A person shall not hold a gun show unless—
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1 ‘‘(A) the person is licensed to do so under this

2 subsection; and

3 ‘‘(B) at least 30 days have elapsed since the

4 person, using a form which shall be prescribed by

5 the Secretary, has notified the Secretary and the

6 chief law enforcement officer of the postal address

7 and the dates and times at which the gun show is

8 to be held.

9 ‘‘(2) A person desiring to be licensed to hold a gun

10 show shall submit to the Secretary an application which—

11 ‘‘(A) contains a certification by the applicant

12 that—

13 ‘‘(i) the applicant meets the requirements

14 of subparagraphs (A) through (D) of subsection

15 (d)(1); and

16 ‘‘(ii) any gun show to be conducted under

17 the license is not prohibited by State or local

18 law, and will be conducted in accordance with

19 the requirements of State and local law;

20 ‘‘(B) contains a photograph and fingerprints of

21 the applicant; and

22 ‘‘(C) is in such form as the Secretary shall by

23 regulation prescribe.

24 ‘‘(3)(A) The Secretary shall approve an application

25 submitted pursant to paragraph (2) which meets the re-
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1 quirements of paragraph (2). On approval of the applica2 tion and payment by the applicant of such fee as the Sec3 retary shall establish to ensure that the fees collected

4 under this subsection are sufficient to cover the costs of

5 issuing licenses under this subsection, the Secretary shall

6 issue to the applicant a license which, subject to the provi7 sions of this chapter and other applicable provisions of

8 law, entitles the licensee to hold gun shows in interstate

9 or foreign commerce during the 3-year period that begins

10 with the date the license is issued.

11 ‘‘(B) The Secretary shall approve or deny an applica12 tion submitted under paragraph (2) within 60 days after

13 the Secretary receives the application. If the Secretary

14 fails to so act within such period, the applicant may bring

15 an action under section 1361 of title 28 to compel the

16 Secretary to so act.

17 ‘‘(4)(A) Before a person not licensed under this sec18 tion transfers a firearm at a gun show—

19 ‘‘(i) the person shall provide to the holder of the

20 gun show written notice of—

21 ‘‘(I) the name, age, and address of the per22 son and of the prospective transferee (or, in the

23 case of a party who is a corporation or other

24 business entity, the identity and principal and

25 local places of business of such party);
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1 ‘‘(II) the serial number, make, and model

2 of the firearm; and

3 ‘‘(III) the date and location of the trans4 fer; and

5 ‘‘(ii) the holder of a gun show shall comply with

6 the requirements imposed on licensed dealers by sec7 tion 922(t) and subsections (g)(1)(A) and (g)(3)(A)

8 of this section with respect to the transfer.

9 ‘‘(B) Within 30 days after the end of a gun show

10 for which a license is issued under this subsection, the li11 censee shall deliver to the Secretary all records or docu12 ments which the licensee collected pursuant to subpara13 graph (A) during the gun show.

14 ‘‘(5) For purposes of this subsection, the term ‘gun

15 show’ means an event or function that is—

16 ‘‘(A) sponsored by—

17 ‘‘(i) a national, State, or local organization

18 devoted to the collection, competitive use, or

19 other sporting use of firearms; or

20 ‘‘(ii) an organization or association that

21 sponsors functions devoted to the collection,

22 competitive use, or other sporting use of fire23 arms in the community; and

24 ‘‘(B) held at a location—
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1 ‘‘(i) which is not specified in any li2 cense issued under subsection (b) or (c);

3 ‘‘(ii) at which a firearm is offered for

4 sale or transfer; and

5 ‘‘(iii) at which 50 or more firearms

6 are present, 1 or more of which has been

7 shipped or tranported in interstate or for8 eign commerce.’’.

9 (b) PENALTIES.—Section 924(a) of such title is

10 amended by adding at the end the following:

11 ‘‘(7)(A) Whoever knowingly violates section

12 923(m)(1) shall be fined under this title, imprisoned not

13 more than 5 years, or both.

14 ‘‘(B) Whoever knowingly violates subparagraph (A)(i)

15 or (B) of section 923(m)(4) shall be fined under this title,

16 imprisoned not more than 1 year, or both.

17 ‘‘(C) Whoever violates section 923(m)(4)(A)(ii) by

18 knowingly failing to comply with a provision of law speci19 fied in such section shall be punished as otherwise pro20 vided under this section for knowingly violating the provi21 sion of law.’’.

22 (c) EFFECTIVE DATE.—The amendments made by

23 this section shall apply to conduct engaged in after the
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1 1-year period that begins with the date of the enactment

2 of this Act.

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