‘‘(C) transfer to any person of a handgun listed
as a curio or relic by the Secretary pursuant to sec-
tion 921(a)(13); or
‘‘(D) transfer to any person of a handgun for
which a secure gun storage or safety device is tem-
porarily unavailable for the reasons described in the
exceptions stated in section 923(e), provided that
the licensed manufacturer, licensed importer, or li-
censed dealer delivers to the transferee within 10
calendar days from the date of the delivery of the
handgun to the transferee a secure gun storage or
safety device for the handgun.
‘‘(3)(A) Notwithstanding any other provision of law,
a person who has lawful possession and control of a hand-
gun, and who uses a secure gun storage or safety device
with the handgun, shall be entitled to immunity from a
civil liability action as described in this paragraph.
‘‘(B) A qualified civil liability action may not be
brought in any Federal or State court. The term ‘qualified
civil liability action’ means a civil action brought by any
person against a person described in subparagraph (A) for
damages resulting from the criminal or unlawful misuse
of the handgun by a third party, where—
‘‘(i) the handgun was accessed by another per-
son who did not have the permission or authoriza-
tion of the person having lawful possession and con-
trol of the handgun to have access to it; and
‘‘(ii) at the time access was gained by the per-
son not so authorized, the handgun had been made
inoperable by use of a secure gun storage or safety
device.
The term ‘qualified civil liability action’ shall not include
an action brought against the person having lawful posses-
sion and control of the handgun for negligent entrustment
or negligence per se.’’.
(b) CIVIL PENALTIES.—Section 924 of title 18,
United States Code, is amended—
(1) in subsection (a)(1), by striking ‘‘or (f)’’
and inserting ‘‘(f), or (p)’’; and
(2) by adding at the end the following:
‘‘(p)(1)(A) With respect to each violation of section
922(z)(1) by a licensed manufacturer, licensed importer,
or licensed dealer, the Secretary may, after notice and op-
portunity for hearing—
‘‘(i) suspend for up to six months, or revoke,
the license issued to the licensee under this chapter
that was used to conduct the firearms transfer; or
‘‘(ii) subject the licensee to a civil penalty in an
amount equal to not more than $2,500.
‘‘(B) An action of the Secretary under this paragraph
may be reviewed only as provided in section 923(f).
‘‘(2) The suspension or revocation of a license or the
imposition of a civil penalty under paragraph (1) does not
preclude any administrative remedy that is otherwise
available to the Secretary.’’.
(c) LIABILITY; EVIDENCE.—
(1) LIABILITY.—Nothing in this title shall be
construed to—
(A) create a cause of action against any
Federal firearms licensee or any other person
for any civil liability; or
(B) establish any standard of care.
(2) EVIDENCE.—Notwithstanding any other
provision of law, evidence regarding compliance or
noncompliance with the amendments made by this
Act shall not be admissible as evidence in any pro-
ceeding of any court, agency, board, or other entity,
except with respect to an action to enforce para-
graphs (1) and (2) of section 922(z) of title 18,
United States Code, or to give effect to paragraph
(3) of such section 922(z).
(3) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to bar a governmental
action to impose a penalty under section 924(p) of
title 18, United States Code, for a failure to comply
with section 922(z) of that title.
SEC. 203. EFFECTIVE DATE.
This title and the amendments made by this title
shall take effect 180 days after the date of the enactment
of this Act.
TITLE III—GUN SHOWS
SEC. 301. EXTENSION OF BRADY BACKGROUND CHECKS TO
GUN SHOWS.
(a) FINDINGS.—The Congress finds that—
(1) more than 4,400 traditional gun shows are
held annually across the United States, attracting
thousands of attendees per show and hundreds of
Federal firearms licensees and nonlicensed firearms
sellers;
(2) traditional gun shows, as well as flea mar-
kets and other organized events, at which a large
number of firearms are offered for sale by Federal
firearms licensees and nonlicensed firearms sellers,
form a significant part of the national firearms mar-
ket;
(3) firearms and ammunition that are exhibited
or offered for sale or exchange at gun shows, flea
markets, and other organized events move easily in
and substantially affect interstate commerce;
(4) in fact, even before a firearm is exhibited or
offered for sale or exchange at a gun show, flea mar-
ket, or other organized event, the gun, its component
parts, ammunition, and the raw materials from
which it is manufactured have moved in interstate
commerce;
(5) gun shows, flea markets, and other orga-
nized events at which firearms are exhibited or of-
fered for sale or exchange, provide a convenient and
centralized commercial location at which firearms
may be bought and sold anonymously, often without
background checks and without records that enable
gun tracing;
(6) at gun shows, flea markets, and other orga-
nized events at which guns are exhibited or offered
for sale or exchange, criminals and other prohibited
persons obtain guns without background checks and
frequently use guns that cannot be traced to later
commit crimes;
(7) many persons who buy and sell firearms at
gun shows, flea markets, and other organized events
cross State lines to attend these events and engage
in the interstate transportation of firearms obtained
at these events;
(8) gun violence is a pervasive, national prob-
lem that is exacerbated by the availability of guns at
gun shows, flea markets, and other organized events;
(9) firearms associated with gun shows have
been transferred illegally to residents of another
State by Federal firearms licensees and nonlicensed
firearms sellers, and have been involved in subse-
quent crimes including drug offenses, crimes of vio-
lence, property crimes, and illegal possession of fire-
arms by felons and other prohibited persons; and
(10) Congress has the power, under the inter-
state commerce clause and other provisions of the
Constitution of the United States, to ensure, by en-
actment of this Act, that criminals and other prohib-
ited persons do not obtain firearms at gun shows,
flea markets, and other organized events.
(b) DEFINITIONS.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(35) The term ‘gun show’ means any event—
‘‘(A) at which 50 or more firearms are offered
or exhibited for sale, transfer, or exchange, if 1 or
more of the firearms has been shipped or trans-
ported in, or otherwise affects, interstate or foreign
commerce; and
‘‘(B) at which—
‘‘(i) not less than 20 percent of the exhibi-
tors are firearm exhibitors;
‘‘(ii) there are not less than 10 firearm ex-
hibitors; or
‘‘(iii) 50 or more firearms are offered for
sale, transfer, or exchange.
‘‘(36) The term ‘gun show promoter’ means any per-
son who organizes, plans, promotes, or operates a gun
show.
‘‘(37) The term ‘gun show vendor’ means any person
who exhibits, sells, offers for sale, transfers, or exchanges
1 or more firearms at a gun show, regardless of whether
or not the person arranges with the gun show promoter
for a fixed location from which to exhibit, sell, offer for
sale, transfer, or exchange 1 or more firearms.’’.
(c) REGULATION OF FIREARMS TRANSFERS AT GUN
SHOWS.—
(1) IN
GENERAL.—Chapter 44 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘§ 931. Regulation of firearms transfers at gun shows
‘‘(a) It shall be unlawful for any person to organize,
plan, promote, or operate a gun show unless that person—
‘‘(1) registers with the Secretary in accordance
with regulations promulgated by the Secretary; and
‘‘(2) pays a registration fee, in an amount de-
termined by the Secretary.
‘‘(b) It shall be unlawful for any person to organize,
plan, promote, or operate a gun show unless that person—
‘‘(1) before commencement of the gun show,
verifies the identity of each gun show vendor partici-
pating in the gun show by examining a valid identi-
fication document (as defined in section 1028(d)(1))
of the vendor containing a photograph of the vendor;
‘‘(2) before commencement of the gun show, re-
quires each gun show vendor to sign—
‘‘(A) a ledger with identifying information
concerning the vendor; and
‘‘(B) a notice advising the vendor of the
obligations of the vendor under this chapter;
‘‘(3) notifies each person who attends the gun
show of the requirements of this chapter, in accord-
ance with such regulations as the Secretary shall
prescribe; and
‘‘(4) maintains a copy of the records described
in paragraphs (1) and (2) at the permanent place of
business of the gun show promoter for such period
of time and in such form as the Secretary shall re-
quire by regulation.
‘‘(c)(1) If any part of a firearm transaction takes
place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to transfer a fire-
arm to another person who is not licensed under this chap-
ter, unless the firearm is transferred through a licensed
importer, licensed manufacturer, or licensed dealer in ac-
cordance with subsection (e).
‘‘(2) A person who is subject to the requirement of
paragraph (1)—
‘‘(A) shall not transfer the firearm to the trans-
feree until the licensed importer, licensed manufac-
turer, or licensed dealer through which the transfer
is made under subsection (e) makes the notification
described in subsection (e)(3)(A); and
‘‘(B) notwithstanding subparagraph (A), shall
not transfer the firearm to the transferee if the li-
censed importer, licensed manufacturer, or licensed
dealer through which the transfer is made under
subsection (e) makes the notification described in
subsection (e)(3)(B).
‘‘(3) Nothing in this section shall permit or authorize
the Secretary to impose recordkeeping requirements on
any nonlicensed vendor.
‘‘(d)(1) If any part of a firearm transaction takes
place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to receive a firearm
from another person who is not licensed under this chap-
ter, unless the firearm is transferred through a licensed
importer, licensed manufacturer, or licensed dealer in ac-
cordance with subsection (e).
‘‘(2) A person who is subject to the requirement of
paragraph (1)—
‘‘(A) shall not receive the firearm from the
transferor until the licensed importer, licensed man-
ufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the no-
tification described in subsection (e)(3)(A); and
‘‘(B) notwithstanding subparagraph (A), shall
not receive the firearm from the transferor if the li-
censed importer, licensed manufacturer, or licensed
dealer through which the transfer is made under
subsection (e) makes the notification described in
subsection (e)(3)(B).
‘‘(e) A licensed importer, licensed manufacturer, or
licensed dealer who agrees to assist a person who is not
licensed under this chapter in carrying out the responsibil-
ities of that person under subsection (c) or (d) with re-
spect to the transfer of a firearm shall—
‘‘(1) enter such information about the firearm
as the Secretary may require by regulation into a
separate bound record;
‘‘(2) record the transfer on a form specified by
the Secretary;
‘‘(3) comply with section 922(t) as if transfer-
ring the firearm from the inventory of the licensed
importer, licensed manufacturer, or licensed dealer
to the designated transferee (although a licensed im-
porter, 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), and notify the nonlicensed transferor
and the nonlicensed transferee—
‘‘(A) of such compliance; and
‘‘(B) if the transfer is subject to the re-
quirements of section 922(t)(1), of any receipt
by the licensed importer, licensed manufacturer,
or licensed dealer of a notification from the na-
tional instant criminal background check sys-
tem that the transfer would violate section 922
or would violate State law;
‘‘(4) not later than 10 days after the date on
which the transfer occurs, submit to the Secretary a
report of the transfer, which report—
‘‘(A) shall be on a form specified by the
Secretary by regulation; and
‘‘(B) shall not include the name of or other
identifying information relating to any person
involved in the transfer who is not licensed
under this chapter;
‘‘(5) if the licensed importer, licensed manufac-
turer, or licensed dealer assists a person other than
a licensee in transferring, at 1 time or during any
5 consecutive business days, 2 or more pistols or re-
volvers, or any combination of pistols and revolvers
totaling 2 or more, to the same nonlicensed person,
in addition to the reports required under paragraph
(4), prepare a report of the multiple transfers, which
report shall be—
‘‘(A) prepared on a form specified by the
Secretary; and
‘‘(B) not later than the close of business
on the date on which the transfer occurs, for-
warded to—
‘‘(i) the office specified on the form
described in subparagraph (A); and
‘‘(ii) the appropriate State law en-
forcement agency of the jurisdiction in
which the transfer occurs; and
‘‘(6) retain a record of the transfer as part of
the permanent business records of the licensed im-
porter, licensed manufacturer, or licensed dealer.
‘‘(f) If any part of a firearm transaction takes place
at a gun show, each licensed importer, licensed manufac-
turer, and licensed dealer who transfers 1 or more fire-
arms to a person who is not licensed under this chapter
shall, not later than 10 days after the date on which the
transfer occurs, submit to the Secretary a report of the
transfer, which report—
‘‘(1) shall be in a form specified by the Sec-
retary by regulation;
‘‘(2) shall not include the name of or other
identifying information relating to the transferee;
and
‘‘(3) shall not duplicate information provided in
any report required under subsection (e)(4).
‘‘(g) In this section, the term ‘firearm transaction’—
‘‘(1) includes the offer for sale, sale, transfer,
or exchange of a firearm; and
‘‘(2) does not include the mere exhibition of a
firearm.’’.
(2) PENALTIES.—Section 924(a) of title 18,
United States Code, is amended by adding at the
end the following:
‘‘(7)(A) Whoever knowingly violates section 931(a)
shall be fined under this title, imprisoned not more than
5 years, or both.
‘‘(B) Whoever knowingly violates subsection (b) or (c)
of section 931, shall be—
‘‘(i) fined under this title, imprisoned not more
than 2 years, or both; and
‘‘(ii) in the case of a second or subsequent con-
viction, such person shall be fined under this title,
imprisoned not more than 5 years, or both.
‘‘(C) Whoever willfully violates section 931(d), shall
be—
‘‘(i) fined under this title, imprisoned not more
than 2 years, or both; and
‘‘(ii) in the case of a second or subsequent con-
viction, such person shall be fined under this title,
imprisoned not more than 5 years, or both.
‘‘(D) Whoever knowingly violates subsection (e) or (f)
of section 931 shall be fined under this title, imprisoned
not more than 5 years, or both.
‘‘(E) In addition to any other penalties imposed
under this paragraph, the Secretary may, with respect to
any person who knowingly violates any provision of section
931—
‘‘(i) if the person is registered pursuant to sec-
tion 931(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 931(a);
and
‘‘(ii) impose a civil fine in an amount equal to
not more than $10,000.’’.
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Chapter 44 of title 18, United States
Code, is amended—
(A) in the chapter analysis, by adding at
the end the following:
‘‘931. Regulation of firearms transfers at gun shows.’’; and
(B) in the first sentence of section 923(j),
by striking ‘‘a gun show or event’’ and inserting
‘‘an event’’.
(d) INSPECTION AUTHORITY.—Section 923(g)(1) of
title 18, United States Code, is amended by adding at the
end the following:
‘‘(E) Notwithstanding subparagraph (B), the Sec-
retary may enter during business hours the place of busi-
ness of any gun show promoter and any place where a
gun show is held for the purposes of examining the records
required by sections 923 and 931 and the inventory of
licensees conducting business at the gun show. Such entry
and examination shall be conducted for the purposes of
determining compliance with this chapter by gun show
promoters and licensees conducting business at the gun
show and shall not require a showing of reasonable cause
or a warrant.’’.
(e) 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,
or licensed collector who knowingly makes any false state-
ment or representation with respect to the information re-
quired 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.’’.
(f) INCREASED PENALTIES
FOR VIOLATIONS
OF
CRIMINAL BACKGROUND CHECK REQUIREMENTS.—
(1) PENALTIES.—Section 924(a) of title 18,
United States Code, is amended—
(A) in paragraph (5), by striking ‘‘sub-
section (s) or (t) of section 922’’ and inserting
‘‘section 922(s)’’; and
(B) by adding at the end the following:
‘‘(8) Whoever knowingly violates section 922(t) shall
be fined under this title, imprisoned not more than 5
years, or both.’’.
(2) ELIMINATION OF CERTAIN ELEMENTS OF
OFFENSE.—Section 922(t)(5) of title 18, United
States Code, is amended by striking ‘‘and, at the
time’’ and all that follows through ‘‘State law’’.
(g) GUN OWNER PRIVACY
AND PREVENTION
OF
FRAUD AND ABUSE OF SYSTEM INFORMATION.—Section
922(t)(2)(C) of title 18, United States Code, is amended
by inserting before the period at the end the following:
‘‘, as soon as possible, consistent with the responsibility
of the Attorney General under section 103(h) of the Brady
Handgun Violence Prevention Act to ensure the privacy
and security of the system and to prevent system fraud
and abuse, but in no event later than 90 days after the
date on which the licensee first contacts the system with
respect to the transfer’’.
(h) EFFECTIVE DATE.—This title and the amend-
ments made by this title shall take effect 180 days after
the date of the enactment of this Act.
Æ