II

★(Star Print)

106TH CONGRESS

1ST SESSION S. 443

To regulate the sale of firearms at gun shows.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 23, 1999

Mr. LAUTENBERG (for himself, Mr. SCHUMER, and Mr. DURBIN) introduced

the following bill; which was read twice and 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—

8 (1) more than 4,400 traditional gun shows are

9 held annually across the United States, attracting

10 thousands of attendees per show and hundreds of
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1 Federal firearms licensees and nonlicensed firearms

2 sellers;

3 (2) traditional gun shows, as well as flea mar4 kets and other organized events, at which a large

5 number of firearms are offered for sale by Federal

6 firearms licensees and nonlicensed firearms sellers,

7 form a significant part of the national firearms mar8 ket;

9 (3) firearms and ammunition that are exhibited

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

11 markets, and other organized events move easily in

12 and substantially affect interstate commerce;

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

14 offered for sale or exchange at a gun show, flea mar15 ket, or other organized event, the gun, its component

16 parts, ammunition, and the raw materials from

17 which it is manufactured have moved in interstate

18 commerce;

19 (5) gun shows, flea markets, and other orga20 nized events at which firearms are exhibited or of21 fered for sale or exchange, provide a convenient and

22 centralized commercial location at which firearms

23 may be bought and sold anonymously, often without

24 background checks and without records that enable

25 gun tracing;
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1 (6) at gun shows, flea markets, and other orga2 nized events at which guns are exhibited or offered

3 for sale or exchange, criminals and other prohibited

4 persons obtain guns without background checks and

5 frequently use guns that cannot be traced to later

6 commit crimes;

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

8 gun shows, flea markets, and other organized events

9 cross State lines to attend these events and engage

10 in the interstate transportation of firearms obtained

11 at these events;

12 (8) gun violence is a pervasive, national prob13 lem that is exacerbated by the availability of guns at

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

15 (9) firearms associated with gun shows have

16 been transferred illegally to residents of another

17 State by Federal firearms licensees and nonlicensed

18 firearms sellers, and have been involved in subse19 quent crimes including drug offenses, crimes of vio20 lence, property crimes, and illegal possession of fire21 arms by felons and other prohibited persons; and

22 (10) Congress has the power, under the inter23 state commerce clause and other provisions of the

24 Constitution of the United States, to ensure, by en25 actment of this Act, that criminals and other prohib-
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1 ited persons do not obtain firearms at gun shows,

2 flea markets, and other organized events.

3 SEC. 3. EXTENSION OF BRADY BACKGROUND CHECKS TO

4 GUN SHOWS.

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

6 States Code, is amended by adding at the end the fol7 lowing:

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

9 event—

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

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

12 more of the firearms has been shipped or trans13 ported in, or otherwise affects, interstate or foreign

14 commerce; and

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

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

17 or exchange.

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

19 promoter’ means any person who organizes, plans, pro20 motes, or operates a gun show.

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

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

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

24 show, regardless of whether or not the person arranges

25 with the gun show promoter for a fixed location from
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1 which to exhibit, sell, offer for sale, transfer, or exchange

2 1 or more firearms.’’

3 (b) REGULATION OF FIREARMS TRANSFERS AT GUN

4 SHOWS.—

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

6 United States Code, is amended by adding at the

7 end the following:

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

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

10 It shall be unlawful for any person to organize, plan, pro11 mote, or operate a gun show unless that person—

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

13 with regulations promulgated by the Secretary; and

14 ‘‘(2) pays a registration fee, in an amount de15 termined by the Secretary.

16 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO17 MOTERS.—It shall be unlawful for any person to organize,

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

19 ‘‘(1) not later that 30 days before commence20 ment of the gun show, notifies the Secretary of the

21 date, time, duration, and location of the gun show

22 and any other information concerning the gun show

23 as the Secretary may require by regulation;

24 ‘‘(2) not later than 72 hours before commence25 ment of the gun show, submits to the Secretary an
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1 updated list of all gun show vendors planning to par2 ticipate in the gun show and any other information

3 concerning such vendors as the Secretary may re4 quire by regulation;

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

6 verifies the identity of each gun show vendor partici7 pating in the gun show by examining a valid identi8 fication document (as defined in section 1028(d)(1))

9 of the vendor containing a photograph of the vendor;

10 ‘‘(4) before commencement of the gun show, re11 quires each gun show vendor to sign—

12 ‘‘(A) a ledger with identifying information

13 concerning the vendor; and

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

15 obligations of the vendor under this chapter;

16 and

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

18 show of the requirements of this chapter, in accord19 ance with such regulations as the Secretary shall

20 prescribe;

21 ‘‘(6) not later than 5 days after the last day of

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

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

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

25 in paragraphs (2) through (4) at the permanent
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1 place of business of the gun show promoter for such

2 period of time and in such form as the Secretary

3 shall require by regulation.

4 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

5 THAN LICENSEES.—

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

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

8 unlawful for any person who is not licensed under

9 this chapter to transfer a firearm to another person

10 who is not licensed under this chapter, unless the

11 firearm is transferred through a licensed importer,

12 licensed manufacturer, or licensed dealer in accord13 ance with subsection (e).

14 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per15 son who is subject to the requirement of paragraph

16 (1)—

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

18 transferee until the licensed importer, licensed

19 manufacturer, or licensed dealer through which

20 the transfer is made under subsection (e)

21 makes the notification described in subsection

22 (e)(3)(A); and

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

24 shall not transfer the firearm to the transferee

25 if the licensed importer, licensed manufacturer,
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1 or licensed dealer through which the transfer is

2 made under subsection (e) makes the notifica3 tion described in subsection (e)(3)(B).

4 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

5 THAN LICENSEES.—

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

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

8 unlawful for any person who is not licensed under

9 this chapter to receive a firearm from another per10 son who is not licensed under this chapter, unless

11 the firearm is transferred through a licensed im12 porter, licensed manufacturer, or licensed dealer in

13 accordance with subsection (e).

14 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per15 son who is subject to the requirement of paragraph

16 (1)—

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

18 transferor until the licensed importer, licensed

19 manufacturer, or licensed dealer through which

20 the transfer is made under subsection (e)

21 makes the notification described in subsection

22 (e)(3)(A); and

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

24 shall not receive the firearm from the transferor

25 if the licensed importer, licensed manufacturer,
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1 or licensed dealer through which the transfer is

2 made under subsection (e) makes the notifica3 tion described in subsection (e)(3)(B).

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

5 importer, licensed manufacturer, or licensed dealer who

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

7 chapter in carrying out the responsibilities of that person

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

9 of a firearm shall—

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

11 as the Secretary may require by regulation into a

12 separate bound record;

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

14 the Secretary;

15 ‘‘(3) comply with section 922(t) as if transfer16 ring the firearm from the inventory of the licensed

17 importer, licensed manufacturer, or licensed dealer

18 to the designated transferee (although a licensed im19 porter, licensed manufacturer, or licensed dealer

20 complying with this subsection shall not be required

21 to comply again with the requirements of section

22 922(t) in delivering the firearm to the nonlicensed

23 transferor), and notify the nonlicensed transferor

24 and the nonlicensed transferee—

25 ‘‘(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

21 report—

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’ includes the exhibition,

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

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

10 United States Code, is amended by adding at the

11 end the following:

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

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

14 5 years, or both.

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

16 of section 931, shall be—

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

18 than 2 years, or both; and

19 ‘‘(ii) in the case of a second or subsequent con20 viction, such person shall be fined under this title,

21 imprisoned not more than 5 years, or both.

22 ‘‘(C) Whoever willfully violates section 931(d), shall

23 be—

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

25 than 2 years, or both; and
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1 ‘‘(ii) in the case of a second or subsequent con2 viction, such person shall be fined under this title,

3 imprisoned not more than 5 years, or both.

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

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

6 not more than 5 years, or both.

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

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

9 any person who knowingly violates any provision of section

10 931—

11 ‘‘(i) if the person is registered pursuant to sec12 tion 931(a), after notice and opportunity for a hear13 ing, suspend for not more than 6 months or revoke

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

15 and

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

17 not more than $10,000.’’.

18 (3) TECHNICAL AND CONFORMING AMEND19 MENTS.—Chapter 44 of title 18, United States

20 Code, is amended—

21 (A) in the chapter analysis, by adding at

22 the end the following:

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

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

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

25 ‘‘an event’’; and
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1 (c) INSPECTION AUTHORITY.—Section 923(g)(1) is

2 amended by adding at the end the following:

3 ‘‘(E) Notwithstanding subparagraph (B), the Sec4 retary may enter during business hours the place of busi5 ness of any gun show promoter and any place where a

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

7 required by sections 923 and 931 and the inventory of

8 licensees conducting business at the gun show. Such entry

9 and examination shall be conducted for the purposes of

10 determining compliance with this chapter by gun show

11 promoters and licensees conducting business at the gun

12 show and shall not require a showing of reasonable cause

13 or a warrant.’’.

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

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

17 follows:

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

19 licensed dealer, licensed importer, licensed manufacturer,

20 or licensed collector who knowingly makes any false state21 ment or representation with respect to the information re22 quired by this chapter to be kept in the records of a person

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

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

25 1 year, or both.
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1 ‘‘(B) If the violation described in subparagraph (A)

2 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 title,

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

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

7 922, such person shall be fined under this title, im8 prisoned not more than 10 years, or both.’’.

9 (e) INCREASED PENALTIES FOR VIOLATIONS OF

10 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

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

12 United States Code, is amended—

13 (A) in paragraph (5), by striking ‘‘sub14 section (s) or (t) of section 922’’ and inserting

15 ‘‘section 922(s)’’; and

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

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

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

19 years, or both.’’.

20 (2) ELIMINATION OF CERTAIN ELEMENTS OF

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

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

23 time’’ and all that follows through ‘‘State law’’.
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1 (f) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect 180 days after

3 the date of enactment of this Act.

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