I
106TH CONGRESS
1ST SESSION
H. R. 2122
To require background checks at gun shows, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1999
Mr. MCCOLLUM (for himself and Mr. HYDE) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To require background checks at gun shows, 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 ‘‘Mandatory Gun Show
Background Check Act’’.
SEC. 2. MANDATORY BACKGROUND CHECKS AT GUN
SHOWS.
(a) FINDINGS.—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, the vast majority of whom are law-abiding
individuals with no desire to participate in criminal
transactions;
(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) 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, often without background
checks and without records that enable gun tracing;
(5) 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 can obtain guns without background checks
and can use such guns that cannot be traced to later
commit crimes;
(6) 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
(7) 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 section, that criminals and other
prohibited 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 an event which is
sponsored to foster the collecting, competitive use, sport-
ing use, or any other legal use of firearms, and—
‘‘(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 the event otherwise affects, interstate
or foreign commerce; and
‘‘(B) at which there are not less than 10 fire-
arm vendors.
‘‘(36) The term ‘gun show organizer’ means any per-
son who organizes or conducts a gun show.
‘‘(37) The term ‘gun show vendor’ means any person
who, at a fixed, assigned, or contracted location, exhibits,
sells, offers for sale, transfers, or exchanges 1 or more
firearms at a gun show.’’.
(c) REGULATION OF FIREARMS TRANSFERS AT GUN
SHOWS.—
(1) IN GENERAL.—Chapter 44 of such title is
amended by adding at the end the following:
‘‘§ 931. Regulation of firearms transfers at gun shows
‘‘(a)(1) A person who is not a licensed importer, li-
censed manufacturer, or licensed dealer, and who desires
to be registered as an instant check registrant shall submit
to the Secretary an application which—
‘‘(A) contains a certification by the applicant
that the applicant meets the requirements of sub-
paragraphs (A) through (D) of section 923(d)(1);
and
‘‘(B) contains a photograph and fingerprints of
the applicant; and
‘‘(C) is in such form as the Secretary shall by
regulation prescribe.
‘‘(2)(A) The Secretary shall approve an application
submitted pursuant to paragraph (1) which meets the re-
quirements of paragraph (1). On approval of the applica-
tion and payment by the applicant of a fee of $100 for
3 years, and upon renewal of valid registration a fee of
$50 for 3 years, the Secretary shall issue to the applicant
an instant check registration, and advise the Attorney
General of the United States of the same, which entitles
the registrant to contact the national instant criminal
background check system established under section 103
of the Brady Handgun Violence Prevention Act for infor-
mation about any individual desiring to obtain a firearm
at a gun show from any transferor who has requested the
assistance of the registrant in complying with subsection
(c) with respect to the transfer of the firearm, and receive
information from the system regarding the individual, dur-
ing the 3-year period that begins with the date the reg-
istration is issued.
‘‘(B) The Secretary shall approve or deny an applica-
tion submitted pursuant to paragraph (1) within 60 days
after the Secretary receives the application. If the Sec-
retary 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.
‘‘(3) An instant check registrant shall keep all
records or documents which the registrant collects pursu-
ant to this section during a gun show at a premises, or
a portion thereof designated by the registrant, that is open
for inspection by the Secretary. The Secretary shall estab-
lish by regulation the procedure for the inspection, at a
premises or a gun show, of the records required to be kept
under this section in a manner for a registrant that is
identical to the same procedural rights and protections
specified for a licensee under subsections (g)(1)(A),
(g)(1)(B), and (j) of section 923. An instant check reg-
istrant shall remit to the Secretary all records required
to be kept by the registrant under this subsection when
the registration is no longer valid, has expired, or has been
revoked.
‘‘(4)(A) This subsection shall not be construed—
‘‘(i) as creating a cause of action against any
instant check registrant or any other person, includ-
ing the transferor, for any civil liability; or
‘‘(ii) as establishing any standard of care.
‘‘(B) Notwithstanding any other provision of law, ex-
cept to give effect to subparagraph (C), evidence regarding
the use or nonuse by a transferor of the services of an
instant check registrant under this section shall not be ad-
missible as evidence in any proceeding of any court, agen-
cy, board, or other entity for the purposes of establishing
liability based on a civil action brought on any theory for
harm caused by a product or by negligence.
‘‘(C)(i) Notwithstanding any other provision of law,
a person who is—
‘‘(I) an instant check registrant who assists in
having a background check performed in accordance
with this section;
‘‘(II) a licensee who acquires a firearm at a gun
show from a nonlicensee, for transfer to another
nonlicensee in attendance at the show, for the pur-
pose of effectuating a sale, trade, or transfer be-
tween the 2 nonlicensees, all in the manner pre-
scribed for the acquisition and disposition of fire-
arms under this chapter; or
‘‘(III) a nonlicensee disposing of a firearm, who
utilizes the services of an instant check registrant
pursuant to subclause (I) or a licensee pursuant to
subclause (II),
shall be entitled to immunity from a civil liability action
as described in this subparagraph.
‘‘(ii) 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 clause (i) for dam-
ages resulting from the criminal or unlawful misuse of the
firearm by the transferee or a third party, but shall not
include an action—
‘‘(I) brought against a transferor convicted
under section 924(h), or a comparable or identical
State felony law, by a party directly harmed by the
transferee’s criminal conduct, as defined in section
924(h); or
‘‘(II) brought against a transferor for negligent
entrustment or negligence per se.
‘‘(4) A registration issued under this subsection may
be revoked pursuant to the procedures provided for license
revocations under section 923.
‘‘(b) It shall be unlawful for any person to organize
or conduct a gun show unless the person—
‘‘(1) registers with the Secretary in accordance
with regulations promulgated by the Secretary,
which shall not require the payment of any fee for
such registration;
‘‘(2) before commencement of the gun show,
records and verifies the identity of each individual
who is to be a gun show vendor at the gun show by
examining, but not retaining a copy of, a valid iden-
tification 
document 
(as 
defined 
in 
section
1028(d)(1)) of the individual containing a photo-
graph of the individual; and
‘‘(3) maintains a copy of the records described
in paragraph (2) at the permanent place of business
of the gun show organizer for such period of time
and in such form as the Secretary shall require by
regulation.
‘‘(c)(1) If, at a gun show or the curtilage area of a
gun show, a person who is not licensed under section 923
makes an offer to another person who is not licensed
under section 923 to sell, transfer, or exchange a firearm
that is accessible to the person at the gun show or in the
curtilage area of the gun show, and such other person,
at the gun show or the curtilage area of the gun show,
indicates a willingness to accept the offer, it shall be un-
lawful for the person to subsequently transfer the firearm
to such other person, unless—
‘‘(A) the firearm is transferred through a li-
censed importer, licensed manufacturer, or licensed
dealer in accordance with paragraph (2)(B) and oth-
erwise in accordance with law; or
‘‘(B)(i) before the completion of the transfer,
an instant check registrant contacts the national in-
stant criminal background check system established
under section 103 of the Brady Handgun Violence
Prevention Act;
‘‘(ii)(I) the system provides the registrant with
a unique identification number; or
‘‘(II) 72 hours have elapsed since the registrant
contacted the system, and the system has not noti-
fied the registrant that the receipt of a firearm by
such other person would violate subsection (g) or (n)
of section 922; and
‘‘(iii) the registrant notifies the person that the
registrant has complied with clauses (i) and (ii), or
of any receipt by the registrant of a notification
from the national instant criminal background check
system established under section 103 of the Brady
Handgun Violence Prevention Act that the transfer
would violate section 922 or State law; and
‘‘(iv) the transferor and the registrant have
verified the identity of the transferee by examining
a valid identification document (as defined in section
1028(d)(1) of this title) of the transferee containing
a photograph of the transferee.
‘‘(2)(A) The rules of paragraphs (2), (3), and (4) of
section 922(t) shall apply to firearms transfers assisted
by instant check registrants under this section in the same
manner in which such rules apply to firearms transfers
made by licensees.
‘‘(B)(i) For purposes of section 922(t)(1)(B)(ii), the
time period that shall apply to the transfer of a firearm
as described in paragraph (1) of this subsection shall be
72 hours.
‘‘(ii) The licensee or registrant may personally deliver
or ship the firearm to the prospective transferee in accord-
ance with clause (iii) if the gun show has terminated,
and—
‘‘(I)(aa) 72 consecutive hours has elapsed since
the licensee or registrant contacted the system from
the gun show and the licensee or registrant has not
received notification from the system that receipt of
a firearm by the prospective transferee would violate
subsection (g) or (n) of section 922 or State law; or
‘‘(bb) the licensee or registrant has received no-
tification from the system that receipt of a firearm
by the prospective transferee would not violate sub-
section (g) or (n) of section 922 or State law; and
‘‘(II) State and local law would have permitted
the licensee or registrant to immediately deliver the
firearm to the prospective transferee if the condi-
tions described in item (aa) or (bb) had occurred
during the gun show.
‘‘(iii)(I) The licensee may personally deliver the fire-
arm to the prospective transferee at a location other than
the business premises of the licensee, without regard to
whether the location is in the State specified on the license
of the licensee, or may ship the firearm by common carrier
to the prospective transferee.
‘‘(II) The registrant may personally deliver the fire-
arm to a prospective transferee who is a resident of the
State of which the registrant is a resident, or may ship
the firearm by common carrier to such a prospective trans-
feree.
‘‘(3) An instant check registrant who agrees to assist
a person who is not licensed under section 923 in com-
plying with subsection (c) with respect to the transfer of
a firearm shall—
‘‘(A) enter the name, age, address, and other
identifying information on the transferee (or, if the
transferee is a corporation or other business entity,
the identity and principal and local places of busi-
ness of the transferee) as the Secretary may require
by regulation into a separate bound record;
‘‘(B) record the unique identification number
provided by the system on a form specified by the
Secretary;
‘‘(C) on completion of the functions required by
paragraph (1)(B) to be performed by the registrant
with respect to the transfer, notify the transferor
that the registrant has performed such functions;
and
‘‘(D) on completion of the background check by
the system, retain a record of the background check
as part of the permanent business records of the
registrant.
‘‘(4) This section shall not be construed to permit or
authorize the Secretary to impose recordkeeping require-
ments on any vendor who is not licensed under section
923.
‘‘(d) If, at a gun show or the curtilage area of a gun
show, a person who is not licensed under section 923
makes an offer to another person who is not licensed
under section 923 to sell, transfer, or exchange a firearm
that is accessible to the person at the gun show or in the
curtilage area of the gun show, and such other person,
at the gun show or the curtilage area of the gun show,
indicates a willingness to accept the offer, it shall be un-
lawful for such other person to receive the firearm from
the person if the recipient knows that the firearm has been
transferred to the recipient in violation of this section.’’.
(2) PENALTIES.—Section 924(a) of such title is
amended by adding at the end the following:
‘‘(7)(A) Whoever knowingly violates subsection (b),
(c)(1), or (c)(2) of section 931 shall be—
‘‘(i) fined under this title, imprisoned not more
than 1 year, or both; or
‘‘(ii) in the case of a second or subsequent con-
viction of such a violation, fined under this title, im-
prisoned not more than 5 years, or both.
‘‘(B) Whoever knowingly violates subsection (c)(3) or
(d) of section 931 shall be fined under this title, impris-
oned not more than 3 years, or both.
‘‘(C) In addition to any other penalties imposed
under this paragraph, the Secretary may, with respect to
any person who knowingly violates subsection (b), (c), or
(d) of section 931—
‘‘(i) impose a civil fine in an amount equal to
not more than $2,500; and
‘‘(ii) 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).’’.
(3) CONFORMING AMENDMENT.—Section 923(j)
of such title is amended in the first sentence by
striking ‘‘or event’’ and all that follows through
‘‘community’’.
(4) CLERICAL AMENDMENT.—The section anal-
ysis for chapter 44 of such title is amended by add-
ing at the end the following:
‘‘931. Regulation of firearms transfers at gun shows.’’.
(d) INSPECTION AUTHORITY.—Section 923(g)(1) of
such title is amended by adding at the end the following:
‘‘(E) The Secretary may enter during business hours
the place of business of any gun show organizer and any
place where a gun show is held, without such reasonable
cause or warrant, for the purpose of inspecting or exam-
ining the records required by section 923 or 931 and the
inventory of licensees conducting business at the gun show
in the course of a reasonable inquiry during the course
of a criminal investigation of a person or persons other
than the organizer or licensee or when such examination
may be required for determining the disposition of one or
more particular firearms in the course of a bona fide
criminal investigation.’’.
(e) INCREASED PENALTIES FOR SERIOUS RECORD-
KEEPING VIOLATIONS BY LICENSEES.—Section 924(a)(3)
of such title 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 such title 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)(A) Whoever knowingly violates section 922(t)
shall be fined under this title, imprisoned not more than
3 years, or both.
‘‘(B) In the case of a second or subsequent conviction
under this paragraph, the person 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 such title is amend-
ed by striking ‘‘and, at the time’’ and all that fol-
lows through ‘‘State law’’.
(g) EFFECTIVE DATE.—The amendments made by
this section shall take effect 180 days after the date of
enactment of this Act.
SEC. 3. INSTANT CHECK GUN TAX AND GUN OWNER PRI-
VACY.
(a) PROHIBITION ON GUN TAX.—
(1) IN
GENERAL.—Chapter 33 of title 28,
United States Code, is amended by adding at the
end the following:
‘‘§ 540B. Ban against fee for background check in
connection with firearm transfer
‘‘No officer, employee, or agent of the United States,
including a State or local officer or employee acting on
behalf of the United States, may charge or collect any fee
in connection with any background check required in con-
nection with the transfer of a firearm (as defined in sec-
tion 921(a)(3) of title 18).’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The section analysis for chapter 33 of title
28, United States Code, is amended by inserting
after the item relating to section 540A the following:
‘‘540B. Ban against fee for background check in connection with firearm trans-
fer.’’.
(b) PROTECTION
OF GUN OWNER PRIVACY
AND
OWNERSHIP RIGHTS.—
(1) IN
GENERAL.—Chapter 44 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘§ 932. Gun owner privacy and ownership rights
‘‘Notwithstanding any other provision of law, no de-
partment, agency, or instrumentality of the United States
or officer, employee, or agent of the United States, includ-
ing a State or local officer or employee acting on behalf
of the United States—
‘‘(1) shall perform any national instant criminal
background check on any person through the system
established pursuant to section 103 of the Brady
Handgun Violence Prevention Act (18 U.S.C. 922
note) (referred to in this section as the ‘‘system’’) if
that system does not require and result in the imme-
diate destruction of all information, in any form
whatsoever or through any medium, about such per-
son who is determined, through the use of the sys-
tem, not to be prohibited by subsection (g) or (h) of
section 922 of title 18, United States Code, or by
State law, from receiving a firearm, except that this
subsection shall not apply to the retention or trans-
fer of information relating to—
‘‘(A) any unique identification number pro-
vided by the national instant criminal back-
ground check system pursuant to section
922(t)(1)(B)(i) of title 18, United States Code;
or
‘‘(B) the date on which that number is
provided; or
‘‘(2) shall continue to operate the system (in-
cluding requiring a background check before the
transfer of a firearm) unless—
‘‘(A) the ‘NICS Index’ complies with the
requirements of section 552a(e)(5) of title 5,
United States Code; and
‘‘(B) the agency responsible for the system
and the system’s compliance with Federal law
does not invoke the exceptions under sub-
sections (j)(2), (k)(2), and (k)(3) of section
552a of title 5, United States Code, except if
specifically identifiable information is compiled
for a particular law enforcement investigation
or specific criminal enforcement matter.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The section analysis for chapter 44 of title
18, United States Code, is further amended by add-
ing at the end the following:
‘‘932. Gun owner privacy and ownership rights.’’.
(c) CIVIL REMEDIES.—Any person aggrieved by a
violation of section 540B of title 28, or 931 of title 18,
United States Code, as added by this section, may bring
an action in the district court of the United States for
the district in which the person resides. Any person who
is successful with respect to any such action shall receive
actual damages, punitive damages, and such other rem-
edies as the court may determine to be appropriate, in-
cluding a reasonable attorney’s fee.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of enactment of
this Act, except that the amendments made by subsection
(a) shall take effect as of October 1, 1998.
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