II 

112TH CONGRESS 

1ST SESSION S. 35 

To establish background check procedures for gun shows. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. LAUTENBERG (for himself, Mr. REED, Mr. MENENDEZ, Mr. KERRY, Mrs. 

FEINSTEIN, Mr. WHITEHOUSE, Mr. LEVIN, Mr. SCHUMER, Mr. DURBIN, 

Mrs. BOXER, and Mr. WYDEN) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To establish background check procedures for 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 Background 

5 Check Act of 2011’’. 

6 SEC. 2. GUN SHOW BACKGROUND CHECK. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) approximately 5,200 traditional gun shows 

9 are held annually across the United States, attract10 ing thousands of attendees per show and hundreds 


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1 of Federal firearms licensees and nonlicensed fire2 arms 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) since the enactment of the Brady Handgun 

8 Violence Prevention Act (Public Law 103–59; 107 

9 Stat. 1536) in 1993, over 100,000,000 background 

10 checks have been performed by Federal firearms li11 censees, denying guns to more than 1,600,000 illegal 

12 buyers; 

13 (8) many persons who buy and sell firearms at 

14 gun shows, flea markets, and other organized events 

15 cross State lines to attend these events and engage 

16 in the interstate transportation of firearms obtained 

17 at these events; 

18 (9) gun violence is a pervasive, national prob19 lem that is exacerbated by the availability of guns at 

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

21 (10) firearms associated with gun shows have 

22 been transferred illegally to residents of another 

23 State by Federal firearms licensees and nonlicensed 

24 firearms sellers, and have been involved in subse25 quent crimes including drug offenses, crimes of vioVerDate Mar 15 2010 19:12 Jan 27, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S35.IS S35

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1 lence, property crimes, and illegal possession of fire2 arms by felons and other prohibited persons; and 

3 (11) Congress has the power, under the inter4 state commerce clause and other provisions of the 

5 Constitution of the United States, to ensure, by en6 actment of this Act, that criminals and other prohib7 ited persons do not obtain firearms at gun shows, 

8 flea markets, and other organized events. 

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

10 States Code, is amended by adding at the end the fol11 lowing: 

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

13 any event— 

14 ‘‘(A) at which 50 or more firearms are of15 fered or exhibited for sale, transfer, or ex16 change, if 1 or more of the firearms has been 

17 shipped or transported in, or otherwise affects, 

18 interstate or foreign commerce; and 

19 ‘‘(B) at which— 

20 ‘‘(i) not fewer than 20 percent of the 

21 exhibitors are firearm exhibitors; 

22 ‘‘(ii) there are not fewer than 10 fire23 arm exhibitors; or 

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

25 for sale, transfer, or exchange. 


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1 ‘‘(37) GUN SHOW PROMOTER.—The term ‘gun 

2 show promoter’ means any person who organizes, 

3 plans, promotes, or operates a gun show. 

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

5 show vendor’ means any person who exhibits, sells, 

6 offers for sale, transfers, or exchanges 1 or more 

7 firearms at a gun show, regardless of whether or not 

8 the person arranges with the gun show promoter for 

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

10 sale, transfer, or exchange 1 or more firearms.’’. 

11 (c) 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 ‘‘§ 932. 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 Attorney General in ac21 cordance with regulations promulgated by the Attor22 ney General; and 

23 ‘‘(2) pays a registration fee, in an amount de24 termined by the Attorney General. 


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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)(3)) 

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 Attorney General 

18 shall 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 Attorney General 

23 shall require 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 auVerDate Mar 15 2010 19:12 Jan 27, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S35.IS S35

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1 thorize the Attorney General to impose record2 keeping requirements 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 Attorney General may require by regulation 

11 into a separate bound record; 

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

13 the Attorney General; 

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 Attorney 

10 General a report of the transfer, which report— 

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

12 Attorney General 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 Attorney General; 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 Attorney General a report of the transfer, which 

21 report— 

22 ‘‘(1) shall be in a form specified by the Attor23 ney General 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 ‘‘(8)(A) Whoever knowingly violates section 

16 932(a) shall be fined under this title, imprisoned not 

17 more than 5 years, or both. 

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

19 or (c) of section 932, shall be— 

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

21 more than 2 years, or both; and 

22 ‘‘(ii) in the case of a second or subsequent 

23 conviction, fined under this title, imprisoned not 

24 more than 5 years, or both. 


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1 ‘‘(C) Whoever willfully violates section 932(d), 

2 shall be— 

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

4 more than 2 years, or both; and 

5 ‘‘(ii) in the case of a second or subsequent 

6 conviction, fined under this title, imprisoned not 

7 more than 5 years, or both. 

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

9 or (f) of section 932 shall be fined under this title, 

10 imprisoned not more than 5 years, or both. 

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

12 under this paragraph, the Attorney General may, 

13 with respect to any person who knowingly violates 

14 any provision of section 932— 

15 ‘‘(i) if the person is registered pursuant to 

16 section 932(a), after notice and opportunity for 

17 a hearing, suspend for not more than 6 months 

18 or revoke the registration of that person under 

19 section 932(a); and 

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

21 to 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 table of sections, by adding at 

2 the end the following: 

‘‘932. 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 (d) INSPECTION AUTHORITY.—Section 923(g)(1) is 

8 amended by adding at the end the following: 

9 ‘‘(E) Notwithstanding subparagraph (B), 

10 the Attorney General may enter during business 

11 hours the place of business of any gun show 

12 promoter and any place where a gun show is 

13 held for the purposes of examining the records 

14 required by sections 923 and 932 and the in15 ventory of licensees conducting business at the 

16 gun show. Such entry and examination shall be 

17 conducted for the purposes of determining com18 pliance with this chapter by gun show pro19 moters and licensees conducting business at the 

20 gun show and shall not require a showing of 

21 reasonable cause or a warrant.’’. 

22 (e) INCREASED PENALTIES FOR SERIOUS RECORD23 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3) 

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

25 follows: 


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

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

3 manufacturer, or licensed collector who knowingly 

4 makes any false statement or representation with re5 spect to the information required by this chapter to 

6 be kept in the records of a person licensed under 

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

8 fined under this title, imprisoned not more than 1 

9 year, or both. 

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

11 (A) is in relation to an offense— 

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

13 922(b), such person shall be fined under this 

14 title, imprisoned not more than 5 years, or 

15 both; or 

16 ‘‘(ii) under subsection (a)(6) or (d) of sec17 tion 922, such person shall be fined under this 

18 title, imprisoned not more than 10 years, or 

19 both.’’. 

20 (f) INCREASED PENALTIES FOR VIOLATIONS OF

21 CRIMINAL BACKGROUND CHECK REQUIREMENTS.— 

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

23 United States Code, is amended— 


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1 (A) in paragraph (5), by striking ‘‘sub2 section (s) or (t) of section 922’’ and inserting 

3 ‘‘section 922(s)’’; and 

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

5 ‘‘(9) Whoever knowingly violates section 922(t) 

6 shall be fined under this title, imprisoned not more 

7 than 5 years, or both.’’. 

8 (2) ELIMINATION OF CERTAIN ELEMENTS OF

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

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

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

12 (g) EFFECTIVE DATE.—This Act and the amend13 ments made by this section shall take effect 180 days after 

14 the date of enactment of this Act. 

Æ 


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