HR 2324 IHCommentsClose CommentsPermalink

To require criminal background checks on all firearms transactions occurring at gun shows.CommentsClose CommentsPermalink

May 7, 2009CommentsClose CommentsPermalink

Mr. CASTLE (for himself, Mrs. MCCARTHY of New York, Mr. ISRAEL, Mr. KIRK, Mr. CONNOLLY of Virginia, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To require criminal background checks on all firearms transactions occurring at gun shows.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Gun Show Loophole Closing Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. GUN SHOW BACKGROUND CHECK.

(a) Findings- The Congress finds that--CommentsClose CommentsPermalink





(1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Definitions- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(36) Gun Show- The term ‘gun show’--CommentsClose CommentsPermalink





‘(A) means any event at which 50 or more firearms 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, interstate or foreign commerce;CommentsClose CommentsPermalink





‘(B) does not include an offer or exhibit of firearms 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; andCommentsClose CommentsPermalink





‘(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events--CommentsClose CommentsPermalink





‘(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues-paying members.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Regulation of Firearms Transfers at Gun Shows-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 44 of such title is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 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--CommentsClose CommentsPermalink





‘(1) the person has attained 21 years of age;CommentsClose CommentsPermalink





‘(2) the person (and, if the person is a corporation, partnership, or association, each 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 by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce;CommentsClose CommentsPermalink





‘(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter;CommentsClose CommentsPermalink





‘(4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration--CommentsClose CommentsPermalink





‘(A) has provided the Attorney General with a photograph and the fingerprints of the person; andCommentsClose CommentsPermalink





‘(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1);CommentsClose CommentsPermalink





‘(5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; andCommentsClose CommentsPermalink





‘(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General.CommentsClose CommentsPermalink





‘(b) Responsibilities of Gun Show Operators-CommentsClose CommentsPermalink





‘(1) IN GENERAL- It shall be unlawful for a person to operate a gun show, unless the person--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) before commencement of the gun show--CommentsClose CommentsPermalink





‘(i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; andCommentsClose CommentsPermalink





‘(ii) requires each such individual to sign--CommentsClose CommentsPermalink





‘(I) a ledger, and enter into the ledger identifying information concerning the individual; andCommentsClose CommentsPermalink





‘(II) a notice which sets forth the obligations of a gun show vendor under this chapter; andCommentsClose CommentsPermalink





‘(C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe.CommentsClose CommentsPermalink





‘(2) RECORDKEEPING- A person who operates, 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 Attorney General.CommentsClose CommentsPermalink





‘(c) Background Check Required Before Transfer of Firearm Between Unlicensed Persons- It shall be unlawful for a person who is not licensed 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 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--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established 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.CommentsClose CommentsPermalink





‘(d) Recordkeeping Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall--CommentsClose CommentsPermalink





‘(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 the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report 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; andCommentsClose CommentsPermalink





‘(B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee.CommentsClose CommentsPermalink





‘(2) LIMITATION- The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section.’.CommentsClose CommentsPermalink





(2) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(8)(A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink





‘(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be--CommentsClose CommentsPermalink





‘(i) fined under this title, imprisoned not more than 2 years, or both; andCommentsClose CommentsPermalink





‘(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink





‘(C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932--CommentsClose CommentsPermalink





‘(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); andCommentsClose CommentsPermalink





‘(ii) impose a civil fine in an amount equal to not more than $10,000.’.CommentsClose CommentsPermalink





(3) CLERICAL AMENDMENT- The table of contents for chapter 44 of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





‘Sec. 932. Regulation of firearms transfers at gun shows.’.CommentsClose CommentsPermalink





(d) Inspection Authority- Section 923(g)(1) of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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 required to maintain records pursuant to section 932(b)(2), for purposes of examining the 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 determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant.’.CommentsClose CommentsPermalink





(e) Reports of Multiple Sales Assisted by Licensees at Gun Shows- Section 923(g)(3)(A) of such title is amended by inserting ‘or provides pursuant to section 932(c)(2) notice with respect to,’ after ‘sells or otherwise disposes of,’.CommentsClose CommentsPermalink





(f) Increased Penalties for Serious Recordkeeping Violations by Licensees- Section 924(a)(3) of such title is amended to read as follows:CommentsClose CommentsPermalink





‘(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 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.CommentsClose CommentsPermalink





‘(B) If the violation described in subparagraph (A) is in relation to an offense--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.’.CommentsClose CommentsPermalink





(g) Increased Penalties for Violations of Criminal Background Check Requirements-CommentsClose CommentsPermalink





(1) PENALTIES- Section 924(a)(5) of such title is amended--CommentsClose CommentsPermalink





(A) by striking ‘subsection (s) or (t) of section 922’ and inserting ‘section 922(t)’; andCommentsClose CommentsPermalink





(B) by striking ‘1’ and inserting ‘5’.CommentsClose CommentsPermalink





(2) ELIMINATION OF CERTAIN ELEMENTS OF OFFENSE- Section 922(t)(5) of such title is amended by striking ‘and, at the time’ and all that follows through ‘State law’.CommentsClose CommentsPermalink





(h) Authority To Hire Personnel To Inspect Gun Shows- The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code).CommentsClose CommentsPermalink





(i) Report to the Congress- The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks.CommentsClose CommentsPermalink





(j) Effective Date- This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink