I
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 Vir-
ginia, 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. CHRISTIAN-
GREEN, Mr. FORD, Ms. CARSON, Mr. CONYERS, Ms. LEE, and Ms.
LOFGREN) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To better regulate the transfer of firearms at gun shows.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REGULATION OF GUN SHOWS.
(a) IN GENERAL.—Section 923 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(m)(1) A person shall not hold a gun show unless—
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‘‘(A) the person is licensed to do so under this
subsection; and
‘‘(B) at least 30 days have elapsed since the
person, using a form which shall be prescribed by
the Secretary, has notified the Secretary and the
chief law enforcement officer of the postal address
and the dates and times at which the gun show is
to be held.
‘‘(2) A person desiring to be licensed to hold a gun
show shall submit to the Secretary an application which—
‘‘(A) contains a certification by the applicant
that—
‘‘(i) the applicant meets the requirements
of subparagraphs (A) through (D) of subsection
(d)(1); and
‘‘(ii) any gun show to be conducted under
the license is not prohibited by State or local
law, and will be conducted in accordance with
the requirements of State and local law;
‘‘(B) contains a photograph and fingerprints of
the applicant; and
‘‘(C) is in such form as the Secretary shall by
regulation prescribe.
‘‘(3)(A) The Secretary shall approve an application
submitted pursant to paragraph (2) which meets the re-
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quirements of paragraph (2). On approval of the applica-
tion and payment by the applicant of such fee as the Sec-
retary shall establish to ensure that the fees collected
under this subsection are sufficient to cover the costs of
issuing licenses under this subsection, the Secretary shall
issue to the applicant a license which, subject to the provi-
sions of this chapter and other applicable provisions of
law, entitles the licensee to hold gun shows in interstate
or foreign commerce during the 3-year period that begins
with the date the license is issued.
‘‘(B) The Secretary shall approve or deny an applica-
tion submitted under paragraph (2) within 60 days after
the Secretary receives the application. If the Secretary
fails to so act within such period, the applicant may bring
an action under section 1361 of title 28 to compel the
Secretary to so act.
‘‘(4)(A) Before a person not licensed under this sec-
tion transfers a firearm at a gun show—
‘‘(i) the person shall provide to the holder of the
gun show written notice of—
‘‘(I) the name, age, and address of the per-
son and of the prospective transferee (or, in the
case of a party who is a corporation or other
business entity, the identity and principal and
local places of business of such party);
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‘‘(i) which is not specified in any li-
cense issued under subsection (b) or (c);
‘‘(ii) at which a firearm is offered for
sale or transfer; and
‘‘(iii) at which 50 or more firearms
are present, 1 or more of which has been
shipped or tranported in interstate or for-
eign commerce.’’.
(b) PENALTIES.—Section 924(a) of such title is
amended by adding at the end the following:
‘‘(7)(A) 
Whoever 
knowingly 
violates 
section
923(m)(1) shall be fined under this title, imprisoned not
more than 5 years, or both.
‘‘(B) Whoever knowingly violates subparagraph (A)(i)
or (B) of section 923(m)(4) shall be fined under this title,
imprisoned not more than 1 year, or both.
‘‘(C) Whoever violates section 923(m)(4)(A)(ii) by
knowingly failing to comply with a provision of law speci-
fied in such section shall be punished as otherwise pro-
vided under this section for knowingly violating the provi-
sion of law.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to conduct engaged in after the
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1-year period that begins with the date of the enactment
of this Act.
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