I 
108TH CONGRESS 
2D SESSION 
H. R. 3832 
To require criminal background checks on all firearms transactions occurring 
at events that provide a venue for the sale, offer for sale, transfer, 
or exchange of firearms, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2004 
Mr. CASTLE (for himself, Mrs. MCCARTHY of New York, Mr. QUINN, Mr. 
KIRK, and Mrs. JOHNSON of Connecticut) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To require criminal background checks on all firearms trans-
actions occurring at events that provide a venue for 
the sale, offer for sale, transfer, or exchange of firearms, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gun Show Loophole 
Closing Act of 2004’’. 
SEC. 2. DEFINITIONS. 
Section 921(a) of title 18, United States Code, is 
amended by adding at the end the following:
‘‘(36) SPECIAL FIREARMS EVENT.—The term ‘special 
firearms event’— 
‘‘(A) means any event at which 75 or more fire-
arms are offered or exhibited for sale, exchange, or 
transfer, if 1 or more of the firearms has been 
shipped or transported in, or otherwise affects, inter-
state or foreign commerce; 
‘‘(B) does not include an offer or exhibit of fire-
arms for sale, exchange, or transfer by an individual 
from the personal collection of that individual, at the 
private residence of that individual, if the individual 
is not required to be licensed under section 923 or 
932; and 
‘‘(C) does not include an offer or exhibit of fire-
arms for sale, exchange, or transfer at events con-
ducted and attended by permanent or annual dues 
paying members, and their immediate family, of pri-
vate, not-for-profit organizations whose primary pur-
pose is owning and maintaining real property for the 
purpose of hunting activities. 
‘‘(37) SPECIAL FIREARMS EVENT LICENSEE.—The 
term ‘special firearms event licensee’ means any person 
who has obtained and holds a valid license in compliance 
with section 932(d) and who is authorized to contact the 
national instant criminal background check system on be-
half of another individual, who is not licensed under this 
chapter, for the purpose of conducting a background check 
for a potential firearms transfer at a special firearms 
event in accordance with section 932(c). 
‘‘(38) SPECIAL
FIREARMS
EVENT
VENDOR.—The 
term ‘special firearms event vendor’ means any person 
who is not required to be licensed under section 923 and 
who exhibits, sells, offers for sale, transfers, or exchanges 
1 or more firearms at a special firearms event, regardless 
of whether or not the person arranges with the special fire-
arms event promoter for a fixed location from which to 
exhibit, sell, offer for sale, transfer, or exchange 1 or more 
firearms.’’. 
SEC. 3. REGULATION OF FIREARMS TRANSFERS AT SPE-
CIAL FIREARMS EVENTS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 932. Regulation of firearms transfers at special 
firearms events 
‘‘(a) SPECIAL FIREARMS EVENTS OPERATORS.— 
‘‘(1) NOTIFICATION TO ATTORNEY GENERAL OF 
SPECIAL FIREARMS EVENT OPERATORS.— 
‘‘(A) IN GENERAL.—It shall be unlawful 
for any person to operate a special firearms
event unless that person notifies the Attorney 
General in accordance with regulations promul-
gated by the Attorney General. 
‘‘(B) FEES.—The Attorney General shall 
be prohibited from imposing or collecting any 
fee from special firearms event operators in 
connection with the notification requirement in 
subparagraph (A). 
‘‘(2) RESPONSIBILITIES OF SPECIAL FIREARMS 
EVENTS OPERATORS.—It shall be unlawful for a spe-
cial firearms events operator to organize, plan, pro-
mote, or operate a special firearms event unless that 
operator— 
‘‘(A) not later than 30 days before the 
commencement of the special firearms event, 
notifies the Attorney General, in writing, of the 
date, time, duration, and location of the special 
firearms event, and the special firearms event 
vendors planning to participate; 
‘‘(B) before the commencement of the spe-
cial firearms event, or in the case of a vendor 
who arrives after the commencement of the 
event, upon the arrival of the vendor, verifies 
the identity of each special firearms event ven-
dor participating in the special firearms event
by examining a valid identification document 
(as defined in section 1028(d)(2)) of the vendor 
containing a photograph of the vendor; 
‘‘(C) before the commencement of the spe-
cial firearms event, or in the case of a vendor 
who arrives after the commencement of the 
event, upon the arrival of the vendor, requires 
each special firearms event vendor to sign— 
‘‘(i) a ledger with identifying informa-
tion concerning the vendor; and 
‘‘(ii) a notice advising the vendor of 
the obligations of the vendor under this 
chapter; 
‘‘(D) notifies each person who attends the 
special firearms event of the requirements of 
this chapter, in accordance with such regula-
tions as the Attorney General shall prescribe; 
‘‘(E) not later than 5 days after the last 
day of the special firearms event, submits to the 
Attorney General a copy of the ledger and no-
tice described in subparagraph (C)(i); and 
‘‘(F) maintains a copy of the records de-
scribed in subparagraphs (B) and (C) at the 
permanent place of business of the operator for
such period of time and in such form as the At-
torney General shall require by regulation. 
‘‘(b) RESPONSIBILITIES OF TRANSFERORS OTHER 
THAN LICENSEES.— 
‘‘(1) IN GENERAL.—If any part of a firearm 
transaction takes place at a special firearms event, 
or on the curtilage of the event, it shall be unlawful 
for any person who is not licensed under this chap-
ter to transfer a firearm to another person who is 
not licensed under this chapter, unless the firearm 
is transferred through a licensed importer, licensed 
manufacturer, licensed dealer, or a special firearms 
event licensee in accordance with subsection (c). 
‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per-
son who is subject to the requirement of paragraph 
(1) shall not— 
‘‘(A) transfer the firearm to the transferee 
until the licensed importer, licensed manufac-
turer, licensed dealer, or a special firearms 
event licensee through which the transfer is 
made makes the notification described in sub-
section (c)(2)(A); or 
‘‘(B) transfer the firearm to the transferee 
if the person has been notified under subsection
(c)(2)(B) that the transfer would violate section 
922 or State law. 
‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE-
MENTS.—Nothing in this section shall permit or au-
thorize the Attorney General to impose record-
keeping requirements on any nonlicensed special 
firearms event vendor. 
‘‘(c) RESPONSIBILITIES OF LICENSEES.—A licensed 
importer, licensed manufacturer, licensed dealer, or special 
firearms event licensee who agrees to assist a person who 
is not licensed under this chapter in carrying out the re-
sponsibilities of that person under subsection (b) with re-
spect to the transfer of a firearm shall— 
‘‘(1) except as provided in paragraph (2), com-
ply with section 922(t) as if transferring the firearm 
from the inventory of the licensed importer, licensed 
manufacturer, or licensed dealer to the designated 
transferee (although a licensed importer, licensed 
manufacturer, or licensed dealer complying with this 
subsection shall not be required to comply again 
with the requirements of section 922(t) in delivering 
the firearm to the nonlicensed transferor); 
‘‘(2) not later than 3 business days (meaning 
days on which State offices are open) after the date 
of the agreement to purchase, or if the event is held
in a State that has been certified by the Attorney 
General under section 4 of the Gun Show Loophole 
Closing Act of 2004, not later than 24 hours after 
such date (or 3 business days after such date if ad-
ditional information is required in order to verify 
disqualifying information from a State that has not 
been certified by the Attorney General), notify the 
nonlicensed transferor and the nonlicensed trans-
feree— 
‘‘(A) of any response from the national 
criminal background check system, or if the li-
censee has had no response from the national 
criminal background check system within the 
applicable time period under this paragraph, 
notify the nonlicensed transferor that no re-
sponse has been received and that the transfer 
may proceed; and 
‘‘(B) of any receipt by the licensed im-
porter, licensed manufacturer, or licensed dealer 
of a notification from the national instant 
criminal background check system that the 
transfer would violate section 922 or would vio-
late State law; 
‘‘(3) in the case of a transfer at one time or 
during any 5 consecutive business days, of 2 or more
‘‘(A) the applicant is 21 years of age or 
over; 
‘‘(B) the application includes a photograph 
and the fingerprints of the applicant; 
‘‘(C) the applicant (including, in the case 
of a corporation, partnership, or association, 
any individual possessing, directly or indirectly, 
the power to direct or cause the direction of the 
management and policies of the corporation, 
partnership, or association) is not prohibited 
from transporting, shipping, or receiving fire-
arms or ammunition in interstate or foreign 
commerce under subsection (g) or (n) of section 
922; 
‘‘(D) the applicant has not willfully vio-
lated any of the provisions of this chapter or 
regulations issued thereunder; 
‘‘(E) the applicant has not willfully failed 
to disclose any material information required, 
or has not made any false statement as to any 
material fact, in connection with the applica-
tion; and 
‘‘(F) the applicant certifies that—
‘‘(i) the applicant meets the require-
ments of subparagraphs (A) through (D) 
of section 923(d)(1); 
‘‘(ii) the business to be conducted 
under the license is not prohibited by State 
or local law in the place where the licensed 
premises is located; and 
‘‘(iii) the business will not be con-
ducted under the license until the require-
ments of State and local law applicable to 
the business have been met. 
‘‘(3) APPLICATION AND APPROVAL.— 
‘‘(A) IN GENERAL.—Upon the approval of 
an application under this subsection and pay-
ment by the applicant of a fee of $200 for 3 
years, and upon renewal of a valid registration 
and payment of a fee of $90 for 3 years, the 
Attorney General shall issue to the applicant an 
instant check registration, and advise the Attor-
ney General of that registration. 
‘‘(B) NICS.—A special firearms event li-
censee may contact the national instant crimi-
nal background check system established under 
section 103 of the Brady Handgun Violence 
Prevention Act (18 U.S.C. 922 note) for infor-
mation about any individual desiring to obtain 
a firearm at a special firearms event from any 
special firearms event vendor who has requested 
the assistance of the registrant in complying 
with subsection (c) with respect to the transfer 
of the firearm, during the 3-year period that 
begins on the date on which the registration is 
issued. 
‘‘(4) REQUIREMENTS.—The requirements for a 
special firearms event licensee shall not exceed the 
requirements for a licensed dealer and the record 
keeping requirements shall be the same. 
‘‘(5) RESTRICTIONS.— 
‘‘(A) BACKGROUND
CHECKS.—A special 
firearms event licensee may have access to the 
national instant criminal background check sys-
tem to conduct a background check only at a 
special firearms event and only on behalf of an-
other person. 
‘‘(B) TRANSFER OF FIREARMS.—A special 
firearms event licensee shall not transfer a fire-
arm at a special firearms event. 
‘‘(e) FIREARM TRANSACTION DEFINED.—In this sec-
tion, the term ‘firearm transaction’—
‘‘(1) includes the sale, offer for sale, transfer, 
or exchange of a firearm; and 
‘‘(2) does not include— 
‘‘(A) the mere exhibition of a firearm; or 
‘‘(B) the sale, transfer, or exchange of fire-
arms between immediate family members, in-
cluding parents, children, siblings, grand-
parents, and grandchildren.’’. 
(b) PENALTIES.—Section 924(a) of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(8)(A) Whoever knowingly violates section 932(a)(1) 
or 932(b)— 
‘‘(i) shall be fined under this title, imprisoned 
not more than 2 years, or both; and 
‘‘(ii) in the case of a second or subsequent con-
viction, shall be fined under this title, imprisoned 
not more than 5 years, or both. 
‘‘(B) Whoever knowingly violates section 932(a)(2) or 
932(c) shall be fined under this title, imprisoned not more 
than 5 years, or both. 
‘‘(C) Whoever knowingly violates section 932(a)(3) 
shall be fined under this title, imprisoned not more than 
2 years, or both.
‘‘(D) In addition to any other penalties imposed 
under this paragraph, the Attorney General may, with re-
spect to any person who violates any provision of section 
932— 
‘‘(i) if the person is registered pursuant to sec-
tion 932(a), after notice and opportunity for a hear-
ing, suspend for not more than 6 months or revoke 
the registration of that person under section 932(a); 
and 
‘‘(ii) impose a civil fine in an amount equal to 
not more than $10,000.’’. 
(c) UNLAWFUL ACTS.—Section 922(b) of title 18, 
United States Code, is amended in the matter preceding 
paragraph (1), by striking ‘‘or licensed collector’’ and in-
serting ‘‘licensed collector, or special firearms event li-
censee’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
Chapter 44 of title 18, United States Code, is amended 
in the chapter analysis, by adding at the end the following: 
‘‘932. Regulation of firearms transfers at special firearms events.’’. 
SEC. 
4. 
STATE 
OPTION 
FOR 
24–HOUR 
BACKGROUND 
CHECKS AT SPECIAL FIREARMS EVENTS FOR 
STATES 
WITH 
COMPUTERIZED 
DISQUALI-
FYING RECORDS. 
(a) IN GENERAL.—Effective 3 years after the date 
of enactment of this Act, a State may apply to the Attor-
(f) ANNUAL REVIEW.—The Director of the Bureau 
of Justice Statistics shall annually review the certifications 
under this section. 
(g) REVOCATION.—The Attorney General shall re-
voke the certification required under this section for any 
State that is not in compliance with subsection (b). 
SEC. 5. INSPECTION AUTHORITY. 
Section 923(g)(1)(B), of title 18, United States Code, 
is amended by striking ‘‘or licensed dealer’’ and inserting 
‘‘licensed dealer, or special firearms event operator’’. 
SEC. 6. INCREASED PENALTIES FOR SERIOUS RECORD-
KEEPING VIOLATIONS BY LICENSEES. 
Section 924(a)(3) of title 18, United States Code, is 
amended to read as follows: 
‘‘(3)(A) Except as provided in subparagraph (B), any 
licensed dealer, licensed importer, licensed manufacturer, 
licensed collector, or special firearms event licensee who 
knowingly makes any false statement or representation 
with respect to the information required by this chapter 
to be kept in the records of a person licensed under this 
chapter, or violates section 922(m) shall be fined under 
this title, imprisoned not more than 1 year, or both. 
‘‘(B) If the violation described in subparagraph (A) 
is in relation to an offense—
‘‘(i) under paragraph (1) or (3) of section 
922(b), such person shall be fined under this title, 
imprisoned not more than 5 years, or both; or 
‘‘(ii) under subsection (a)(6) or (d) of section 
922, such person shall be fined under this title, im-
prisoned not more than 10 years, or both.’’. 
SEC. 7. INCREASED PENALTIES FOR VIOLATIONS OF CRIMI-
NAL BACKGROUND CHECK REQUIREMENTS. 
Section 924(a) of title 18, United States Code, as 
amended by section 3(b), is further amended— 
(1) in paragraph (5), by striking ‘‘subsection 
(s) or (t) of section 922’’ and inserting ‘‘section 
922(s)’’; and 
(2) by adding at the end the following: 
‘‘(9) Whoever knowingly violates section 922(t) shall 
be fined under this title, imprisoned not more than 5 
years, or both.’’. 
SEC. 8. RULE OF INTERPRETATION. 
A provision of State law is not inconsistent with this 
Act or an amendment made by this Act if the provision 
imposes a regulation or prohibition of greater scope or a 
penalty of greater severity than any prohibition or penalty 
imposed by this Act or an amendment made by this Act.
SEC. 9. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect 180 days after the date of enactment of this 
Act. 
Æ