‘‘(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’’; and
(c) 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.’’.
(d) 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.’’.
(e) INCREASED PENALTIES
FOR VIOLATIONS
OF
CRIMINAL BACKGROUND CHECK REQUIREMENTS.—
(1) PENALTIES.—Section 924 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’’.
(f) 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’’.
(g) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall take effect 180 days after
the date of enactment of this Act.
Æ