I

106TH CONGRESS

1ST SESSION H. R. 1903

To regulate the sale of firearms at gun shows.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1999

Mr. BLAGOJEVICH introduced the following bill; which was 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 EXTENSION OF BRADY BACKGROUND CHECKS TO GUN

7 SHOWS

8 SEC. 2. (a) FINDINGS.—Congress finds that—

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

10 held annually across the United States, attracting

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

4 States Code, is amended by adding at the end the fol5 lowing:

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

7 event—

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

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

10 more of the firearms has been shipped or trans11 ported in, or otherwise affects, interstate or foreign

12 commerce; and

13 ‘‘(B) at which—

14 ‘‘(i) not less than 20 percent of the exhibi15 tors are firearm exhibitors;

16 ‘‘(ii) there are not less than 10 firearm ex17 hibitors; or

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

19 sale, transfer, or exchange.

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

21 promoter’ means any person who organizes, plans, pro22 motes, or operates a gun show.

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

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

25 sale, transfers, or exchanges 1 or more firearms at a gun
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1 show, regardless of whether or not the person arranges

2 with the gun show promoter for a fixed location from

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

4 1 or more firearms.’’.

5 (c) REGULATION OF FIREARMS TRANSFERS AT GUN

6 SHOWS.—

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

8 United States Code, is amended by adding at the

9 end the following:

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

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

12 It shall be unlawful for any person to organize, plan, pro13 mote, or operate a gun show unless that person—

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

15 with regulations promulgated by the Secretary; and

16 ‘‘(2) pays a registration fee, in an amount de17 termined by the Secretary.

18 ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO19 MOTERS.—It shall be unlawful for any person to organize,

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

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

22 verifies the identity of each gun show vendor partici23 pating in the gun show by examining a valid identi24 fication document (as defined in section 1028(d)(1))

25 of the vendor containing a photograph of the vendor;
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1 ‘‘(2) before commencement of the gun show, re2 quires each gun show vendor to sign—

3 ‘‘(A) a ledger with identifying information

4 concerning the vendor; and

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

6 obligations of the vendor under this chapter;

7 and

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

9 show of the requirements of this chapter, in accord10 ance with such regulations as the Secretary shall

11 prescribe;

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

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

14 business of the gun show promoter for such period

15 of time and in such form as the Secretary shall re16 quire by regulation.

17 ‘‘(c) RESPONSIBILITIES OF TRANSFERORS OTHER

18 THAN LICENSEES.—

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

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

21 unlawful for any person who is not licensed under

22 this chapter to transfer a firearm to another person

23 who is not licensed under this chapter, unless the

24 firearm is transferred through a licensed importer,
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1 licensed manufacturer, or licensed dealer in accord2 ance with subsection (e).

3 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per4 son who is subject to the requirement of paragraph

5 (1)—

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

7 transferee until the licensed importer, licensed

8 manufacturer, or licensed dealer through which

9 the transfer is made under subsection (e)

10 makes the notification described in subsection

11 (e)(3)(A); and

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

13 shall not transfer the firearm to the transferee

14 if the licensed importer, licensed manufacturer,

15 or licensed dealer through which the transfer is

16 made under subsection (e) makes the notifica17 tion described in subsection (e)(3)(B).

18 ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE19 MENT.—Nothing in this section shall permit or au20 thorize the Secretary to impose recordkeeping re21 quirements on any nonlicensed vendor.

22 ‘‘(d) RESPONSIBILITIES OF TRANSFEREES OTHER

23 THAN LICENSEES.—

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

25 transaction takes place at a gun show, it shall be
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1 unlawful for any person who is not licensed under

2 this chapter to receive a firearm from another per3 son who is not licensed under this chapter, unless

4 the firearm is transferred through a licensed im5 porter, licensed manufacturer, or licensed dealer in

6 accordance with subsection (e).

7 ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per8 son who is subject to the requirements of paragraph

9 (1)—

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

11 transferor until the licensed importer, licensed

12 manufacturer, or licensed dealer through which

13 the transfer is made under subsection (e)

14 makes the notification described in subsection

15 (e)(3)(A); and

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

17 shall not receive the firearm from the transferor

18 if the licensed importer, licensed manufacturer,

19 or licensed dealer through which the transfer is

20 made under subsection (e) makes the notifica21 tion described in subsection (e)(3)(B).

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

23 importer, licensed manufacturer, or licensed dealer who

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

25 chapter in carrying out the responsibilities of that person
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1 under subsection (c) or (d) with respect to the transfer

2 of a firearm shall—

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

4 as the Secretary may require by regulation into a

5 separate bound record;

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

7 the Secretary;

8 ‘‘(3) comply with section 922(t) as if transfer9 ring the firearm from the inventory of the licensed

10 importer, licensed manufacturer, or licensed dealer

11 to the designated transferee (although a licensed im12 porter, licensed manufacturer, or licensed dealer

13 complying with this subsection shall not be required

14 to comply again with the requirements of section

15 922(t) in delivering the firearm to the nonlicensed

16 transferor), and notify the nonlicensed transferor

17 and the nonlicensed transferee—

18 ‘‘(A) of such compliance; and

19 ‘‘(B) if the transfer is subject to the re20 quirements of section 922(t)(1), of any receipt

21 by the licensed importer, licensed manufacturer,

22 or licensed dealer of a notification from the na23 tional instant criminal background check sys24 tem that the transfer would violate section 922

25 or would violate State law;
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1 ‘‘(4) not later than 10 days after the date on

2 which the transfer occurs, submit to the Secretary a

3 report of the transfer, which report—

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

5 Secretary by regulation; and

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

7 identifying information relating to any person

8 involved in the transfer who is not licensed

9 under this chapter;

10 ‘‘(5) if the licensed importer, licensed manufac11 turer, or licensed dealer assists a person other than

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

13 5 consecutive business days, 2 or more pistols or re14 volvers, or any combination of pistols and revolvers

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

16 in addition to the reports required under paragraph

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

18 report shall be—

19 ‘‘(A) prepared on a form specified by the

20 Secretary; and

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

22 on the date on which the transfer occurs, for23 warded to—

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

25 described in subparagraph (A); and
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1 ‘‘(ii) the appropriate State law en2 forcement agency of the jurisdiction in

3 which the transfer occurs; and

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

5 the permanent business records of the licensed im6 porter, licensed manufacturer, or licensed dealer.

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

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

9 each licensed importer, licensed manufacturer, and li10 censed dealer who transfers 1 or more firearms to a person

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

12 10 days after the date on which the transfer occurs, sub13 mit to the Secretary a report of the transfer, which

14 report—

15 ‘‘(1) shall be in a form specified by the Sec16 retary by regulation;

17 ‘‘(2) shall not include the name of or other

18 identifying information relating to the transferee;

19 and

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

21 any report required under subsection (c)(4).

22 ‘‘(g) FIREARM TRANSACTION DEFINED.—In this sec23 tion, the term ‘firearm transaction’—

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

25 or exchange of a firearm; and
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1 ‘‘(2) does not include the mere exhibition of a

2 firearm.’’.

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

4 United States Code, is amended by adding at the

5 end the following:

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

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

8 5 years, or both.

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

10 of section 931, shall be—

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

12 than 2 years, or both; and

13 ‘‘(ii) in the case of a second or subsequent con14 viction, such person shall be fined under this title,

15 imprisoned not more than 5 years, or both.

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

17 be—

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

19 than 2 years, or both; and

20 ‘‘(ii) in the case of a second or subsequent con21 viction, such person shall be fined under this title,

22 imprisoned not more than 5 years, or both.

23 ‘‘(D) Whoever knowingly violates subsection (c) or (f)

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

25 not more than 5 years, or both.
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1 ‘‘(E) In addition to any other penalties imposed

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

3 any person who knowingly violates any provision of section

4 931—

5 ‘‘(i) if the person is registered pursuant to sec6 tion 931(a), after notice and opportunity for a hear7 ing, suspend for not more than 6 months or revoke

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

9 and

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

11 not more than $10,000.’’.

12 (3) TECHNICAL AND CONFORMING AMEND13 MENTS.—Chapter 44 of title 18, United States

14 Code, is amended—

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

16 the end the following:

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

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

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

19 ‘‘an event’’.

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

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

22 end the following:

23 ‘‘(E) Notwithstanding subparagraph (B), the Sec24 retary may enter during business hours the place of busi25 ness of any gun show promoter and any place where a
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1 gun show is held for the purposes of examining the records

2 required by sections 923 and 931 and the inventory of

3 licensees conducting business at the gun show. Such entry

4 and examination shall be conducted for the purposes of

5 determining compliance with this chapter by gun show

6 promoters and licensees conducting business at the gun

7 show and shall not require a showing of reasonable cause

8 or a warrant.’’.

9 (e) INCREASED PENALTIES FOR SERIOUS RECORD10 KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3)

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

12 follows:

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

14 licensed dealer, licensed importer, licensed manufacturer,

15 or licensed collector who knowingly makes any false state16 ment or representation with respect to the information re17 quired by this chapter to be kept in the records of a person

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

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

20 1 year, or both.

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

22 is in relation to an offense—

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

24 922(b), such person shall be fined under this title,

25 imprisoned not more than 5 years, or both; or
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1 ‘‘(ii) under subsection (a)(6) or (d) of section

2 922, such person shall be fined under this title, im3 prisoned not more than 10 years, or both.’’.

4 (f) INCREASED PENALTIES FOR VIOLATIONS OF

5 CRIMINAL BACKGROUND CHECK REQUIREMENTS.—

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

7 United States Code, is amended—

8 (A) in paragraph (5), by striking ‘‘sub9 section (s) or (t) of section 922’’ and inserting

10 ‘‘section 922(s)’’; and

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

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

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

14 years, or both.’’.

15 (2) ELIMINATION OF CERTAIN ELEMENTS OF

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

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

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

19 (g) GUN OWNER PRIVACY AND PREVENTION OF

20 FRAUD AND ABUSE OF SYSTEM INFORMATION.—Section

21 922(t)(2)(C) of title 18, United States Code, is amended

22 by inserting ‘‘as soon as possible, consistent with the re23 sponsibility of the Attorney General under section 103(h)

24 of the Brady Handgun Violence Prevention Act, to ensure

25 the privacy and security of the system and to prevent sys-
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1 tem fraud and abuse, but in no event later than 90 days

2 after the date on which the licensee first contacts the sys3 tem with respect to the transfer’’ before the period.

4 (h) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall take effect 180 days after

6 the date of enactment of this Act.

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