I 
111TH CONGRESS 
1ST SESSION H. R. 2324 
To require criminal background checks on all firearms transactions occurring 
at gun shows. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2009 
Mr. CASTLE (for himself, Mrs. MCCARTHY of New York, Mr. ISRAEL, Mr. 
KIRK, Mr. CONNOLLY of Virginia, and Mr. SMITH of New Jersey) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To require criminal background checks on all firearms 
transactions occurring 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. SHORT TITLE. 
This Act may be cited as the ‘‘Gun Show Loophole 
Closing Act of 2009’’. 
SEC. 2. GUN SHOW BACKGROUND CHECK. 
(a) FINDINGS.—The Congress finds that— 
(1) approximately 5,200 traditional gun shows 
are held annually across the United States, attract-
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ing thousands of attendees per show and hundreds 
of Federal firearms licensees and unlicensed fire-
arms sellers; and 
(2) gun shows at which firearms are exhibited 
or offered for sale or exchange provide a convenient 
and centralized commercial location where criminals 
and other prohibited persons obtain firearms without 
background checks and without records that enable 
firearm tracing. 
(b) DEFINITIONS.—Section 921(a) of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(36) GUN SHOW.—The term ‘gun show’— 
‘‘(A) means any event at which 50 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; and 
‘‘(C) does not include an offer or exhibit of fire-
arms for sale, exchange, or transfer at events— 
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‘‘(i) where not more than 100 firearms are 
offered or exhibited for sale, exchange or trans-
fer; 
‘‘(ii) that are conducted by private, not-for- 
profit organizations whose primary purpose is 
owning and maintaining real property for the 
purpose of hunting activities; and 
‘‘(iii) that are attended only by permanent 
or annual dues-paying members of the organi-
zations, and the members of the immediate 
families of the dues-paying members. 
‘‘(37) GUN SHOW VENDOR.—The term ‘gun show 
vendor’ means a person who is not licensed under section 
923 and who exhibits, sells, offers for sale, transfers, or 
exchanges a firearm at a gun show, regardless of whether 
or not the person arranges with the gun show operator 
for a fixed location from which to exhibit, sell, offer for 
sale, transfer, or exchange the firearm.’’. 
(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: 
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‘‘§ 932. Regulation of firearms transfers at gun shows 
‘‘(a) REGISTRATION OF GUN SHOW OPERATORS.— 
It shall be unlawful for a person to operate a gun show, 
unless— 
‘‘(1) the person has attained 21 years of age; 
‘‘(2) the person (and, if the person is a corpora-
tion, partnership, or association, each individual pos-
sessing, 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 by subsection (g) or (n) of section 922 
from transporting, shipping, or receiving firearms or 
ammunition in interstate or foreign commerce; 
‘‘(3) the person has not willfully violated any 
provision of this chapter or regulation issued under 
this chapter; 
‘‘(4) the person has registered with the Attor-
ney General as a gun show operator, in accordance 
with regulations promulgated by the Attorney Gen-
eral, and as part of the registration— 
‘‘(A) has provided the Attorney General 
with a photograph and the fingerprints of the 
person; and 
‘‘(B) has certified that the person meets 
the requirements of subparagraphs (A) through 
(D) of section 923(d)(1); 
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‘‘(5) the person has not willfully failed to dis-
close any material information required, and has not 
made any false statement as to any material fact, in 
connection with the registration; and 
‘‘(6) the person has paid the Attorney General 
a fee for the registration, in an amount determined 
by the Attorney General. 
‘‘(b) RESPONSIBILITIES
OF GUN SHOW OPERA-
TORS.— 
‘‘(1) IN GENERAL.—It shall be unlawful for a 
person to operate a gun show, unless the person— 
‘‘(A) not later than 30 days before the 
commencement of the gun show, notifies the 
Attorney General, in writing, of the date, time, 
duration, and location of the gun show, and the 
identity of each person who will be a gun show 
vendor at the gun show; 
‘‘(B) before commencement of the gun 
show— 
‘‘(i) verifies the identity of each indi-
vidual who will be a gun show vendor at 
the gun show by examining a valid identi-
fication document (as defined in section 
1028(d)(3)) of the individual containing a 
photograph of the individual; and 
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‘‘(ii) requires each such individual to 
sign— 
‘‘(I) a ledger, and enter into the 
ledger identifying information con-
cerning the individual; and 
‘‘(II) a notice which sets forth 
the obligations of a gun show vendor 
under this chapter; and 
‘‘(C) notifies each person who attends the 
gun show of the requirements of this chapter, 
in accordance with such regulations as the At-
torney General shall prescribe. 
‘‘(2) RECORDKEEPING.—A person who oper-
ates, or has operated, a gun show shall maintain 
records demonstrating compliance with paragraph 
(1)(B), at such place, for such period of time, and 
in such form as the Attorney General shall require 
by regulation, or transmit the records to the Attor-
ney General. 
‘‘(c) BACKGROUND
CHECK
REQUIRED
BEFORE 
TRANSFER OF FIREARM BETWEEN UNLICENSED PER-
SONS.—It shall be unlawful for a person who is not li-
censed under this chapter to transfer possession of, or title 
to, a firearm at, or on the curtilage of, a gun show, to 
another person who is not so licensed, or for a person who 
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is not so licensed to receive possession of, or title to, a 
firearm at, or on the curtilage of, a gun show from another 
person who is not so licensed, unless a licensed importer, 
licensed manufacturer, or licensed dealer— 
‘‘(1) has entered into a separate bound record 
the make, model, and serial number of the firearm, 
and such other information about the transaction as 
the Attorney General may require by regulation; and 
‘‘(2) has notified the prospective transferor and 
prospective transferee of the firearm that the na-
tional instant criminal background check system es-
tablished under section 103 of the Brady Handgun 
Violence Prevention Act has provided the licensee 
with a unique identification number, indicating that 
receipt of the firearm by the prospective transferee 
would not violate section 922 of this title or State 
law. 
‘‘(d) RECORDKEEPING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A licensee who provides a 
notice pursuant to subsection (c)(2) with respect to 
the transfer of a firearm shall— 
‘‘(A) not later than 10 days after the date 
of the transfer, submit to the Attorney General 
a report of the transfer, which report shall 
specify the make, model, and serial number of 
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the firearm, and contain such other information 
and be on such form, as the Attorney General 
shall require by regulation, except that the re-
port 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; and 
‘‘(B) retain a record of the transfer, in-
cluding the same information as would be re-
quired if the transfer were from the inventory 
of the licensee, as part of the permanent busi-
ness records of the licensee. 
‘‘(2) LIMITATION.—The Attorney General may 
not impose any recordkeeping requirement on any 
gun show vendor by reason of this section.’’. 
(2) PENALTIES.—Section 924(a) of such title is 
amended by adding at the end the following: 
‘‘(8)(A) Whoever knowingly violates subsection (a) or 
(d) of section 932 shall be fined under this title, impris-
oned not more than 5 years, or both. 
‘‘(B) Whoever knowingly violates subsection (b) or (c) 
of section 932, shall be— 
‘‘(i) fined under this title, imprisoned not more 
than 2 years, or both; and 
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‘‘(ii) in the case of a second or subsequent con-
viction, fined under this title, imprisoned not more 
than 5 years, or both. 
‘‘(C) In addition to any other penalties imposed 
under this paragraph, the Attorney General may, with re-
spect to any person who knowingly 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.’’. 
(3) CLERICAL AMENDMENT.—The table of con-
tents for chapter 44 of such title is amended by add-
ing at the end the following: 
‘‘Sec. 932. 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) Notwithstanding subparagraph (B) of 
this paragraph, the Attorney General may enter 
during business hours any place where a gun 
show operator operates a gun show or is re-
quired to maintain records pursuant to section 
932(b)(2), for purposes of examining the 
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records required by sections 923 and 932 and 
the inventory of licensees conducting business 
at the gun show. The entry and examination 
shall be conducted for the purposes of deter-
mining compliance with this chapter by gun 
show operators and licensees conducting busi-
ness at the gun show, and shall not require a 
showing of reasonable cause or a warrant.’’. 
(e) REPORTS OF MULTIPLE SALES ASSISTED BY LI-
CENSEES AT GUN SHOWS.—Section 923(g)(3)(A) of such 
title is amended by inserting ‘‘or provides pursuant to sec-
tion 932(c)(2) notice with respect to,’’ after ‘‘sells or oth-
erwise disposes of,’’. 
(f) 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 statement or representation with re-
spect 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. 
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‘‘(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 sec-
tion 922, such person shall be fined under this 
title, imprisoned not more than 10 years, or 
both.’’. 
(g) INCREASED PENALTIES
FOR VIOLATIONS
OF 
CRIMINAL BACKGROUND CHECK REQUIREMENTS.— 
(1) PENALTIES.—Section 924(a)(5) of such 
title is amended— 
(A) by striking ‘‘subsection (s) or (t) of 
section 922’’ and inserting ‘‘section 922(t)’’; 
and 
(B) by striking ‘‘1’’ and inserting ‘‘5’’. 
(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’’. 
(h) AUTHORITY TO HIRE PERSONNEL TO INSPECT 
GUN SHOWS.—The Director of the Bureau of Alcohol, To-
bacco, Firearms, and Explosives may hire at least 40 addi-
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