S 35 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 35CommentsClose CommentsPermalink

To establish background check procedures for gun shows.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 25 (legislative day, January 5), 2011CommentsClose CommentsPermalink

Mr. LAUTENBERG (for himself, Mr. REED, Mr. MENENDEZ, Mr. KERRY, Mrs. FEINSTEIN, Mr. WHITEHOUSE, Mr. LEVIN, Mr. SCHUMER, Mr. DURBIN, Mrs. BOXER, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish background check procedures for 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 Background Check Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. GUN SHOW BACKGROUND CHECK.

(a) Findings- 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 nonlicensed firearms sellers;CommentsClose CommentsPermalink





(2) traditional gun shows, as well as flea markets 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 market;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) in fact, even before a firearm is exhibited or offered for sale or exchange at a gun show, flea market, or other organized event, the gun, its component parts, ammunition, and the raw materials from which it is manufactured have moved in interstate commerce;CommentsClose CommentsPermalink





(5) gun shows, flea markets, and other organized events at which firearms are exhibited or offered 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;CommentsClose CommentsPermalink





(6) at gun shows, flea markets, and other organized 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;CommentsClose CommentsPermalink





(7) since the enactment of the Brady Handgun Violence Prevention Act (Public Law 103-59; 107 Stat. 1536) in 1993, over 100,000,000 background checks have been performed by Federal firearms licensees, denying guns to more than 1,600,000 illegal buyers;CommentsClose CommentsPermalink





(8) 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;CommentsClose CommentsPermalink





(9) gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows, flea markets, and other organized events;CommentsClose CommentsPermalink





(10) 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 subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession of firearms by felons and other prohibited persons; andCommentsClose CommentsPermalink





(11) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to ensure, by enactment of this Act, that criminals and other prohibited persons do not obtain firearms at gun shows, flea markets, and other organized events.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’ means any event--CommentsClose CommentsPermalink





‘(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 transported in, or otherwise affects, interstate or foreign commerce; andCommentsClose CommentsPermalink





‘(B) at which--CommentsClose CommentsPermalink





‘(i) not fewer than 20 percent of the exhibitors are firearm exhibitors;CommentsClose CommentsPermalink





‘(ii) there are not fewer than 10 firearm exhibitors; orCommentsClose CommentsPermalink





‘(iii) 50 or more firearms are offered for sale, transfer, or exchange.CommentsClose CommentsPermalink





‘(37) GUN SHOW PROMOTER- The term ‘gun show promoter’ means any person who organizes, plans, promotes, or operates a gun show.CommentsClose CommentsPermalink





‘(38) GUN SHOW VENDOR- 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.’.CommentsClose CommentsPermalink





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





(1) IN GENERAL- Chapter 44 of title 18, United States Code, 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 Promoters- It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person--CommentsClose CommentsPermalink





‘(1) registers with the Attorney General in accordance with regulations promulgated by the Attorney General; andCommentsClose CommentsPermalink





‘(2) pays a registration fee, in an amount determined by the Attorney General.CommentsClose CommentsPermalink





‘(b) Responsibilities of Gun Show Promoters- It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person--CommentsClose CommentsPermalink





‘(1) before commencement of the gun show, verifies the identity of each gun show vendor participating in the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the vendor containing a photograph of the vendor;CommentsClose CommentsPermalink





‘(2) before commencement of the gun show, requires each gun show vendor to sign--CommentsClose CommentsPermalink





‘(A) a ledger with identifying information concerning the vendor; andCommentsClose CommentsPermalink





‘(B) a notice advising the vendor of the obligations of the vendor under this chapter;CommentsClose CommentsPermalink





‘(3) 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; andCommentsClose CommentsPermalink





‘(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 Attorney General shall require by regulation.CommentsClose CommentsPermalink





‘(c) Responsibilities of Transferors Other Than Licensees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- 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 firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e).CommentsClose CommentsPermalink





‘(2) CRIMINAL BACKGROUND CHECKS- A person who is subject to the requirement of paragraph (1)--CommentsClose CommentsPermalink





‘(A) shall not transfer the firearm to the transferee until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); andCommentsClose CommentsPermalink





‘(B) notwithstanding subparagraph (A), shall not transfer the firearm to the transferee if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B).CommentsClose CommentsPermalink





‘(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any nonlicensed vendor.CommentsClose CommentsPermalink





‘(d) Responsibilities of Transferees Other Than Licensees-CommentsClose CommentsPermalink





‘(1) IN GENERAL- 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 chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e).CommentsClose CommentsPermalink





‘(2) CRIMINAL BACKGROUND CHECKS- A person who is subject to the requirement of paragraph (1)--CommentsClose CommentsPermalink





‘(A) shall not receive the firearm from the transferor until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); andCommentsClose CommentsPermalink





‘(B) notwithstanding subparagraph (A), shall not receive the firearm from the transferor if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B).CommentsClose CommentsPermalink





‘(e) Responsibilities of Licensees- 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 responsibilities of that person under subsection (c) or (d) with respect to the transfer of a firearm shall--CommentsClose CommentsPermalink





‘(1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record;CommentsClose CommentsPermalink





‘(2) record the transfer on a form specified by the Attorney General;CommentsClose CommentsPermalink





‘(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, 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--CommentsClose CommentsPermalink





‘(A) of such compliance; andCommentsClose CommentsPermalink





‘(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law;CommentsClose CommentsPermalink





‘(4) not later than 10 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which report--CommentsClose CommentsPermalink





‘(A) shall be on a form specified by the Attorney General by regulation; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(5) if the licensed importer, licensed manufacturer, 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 revolvers, 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--CommentsClose CommentsPermalink





‘(A) prepared on a form specified by the Attorney General; andCommentsClose CommentsPermalink





‘(B) not later than the close of business on the date on which the transfer occurs, forwarded to--CommentsClose CommentsPermalink





‘(i) the office specified on the form described in subparagraph (A); andCommentsClose CommentsPermalink





‘(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; andCommentsClose CommentsPermalink





‘(6) retain a record of the transfer as part of the permanent business records of the licensed importer, licensed manufacturer, or licensed dealer.CommentsClose CommentsPermalink





‘(f) Records of Licensee Transfers- If any part of a firearm transaction takes place at a gun show, each licensed importer, licensed manufacturer, and licensed dealer who transfers 1 or more firearms 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 Attorney General a report of the transfer, which report--CommentsClose CommentsPermalink





‘(1) shall be in a form specified by the Attorney General by regulation;CommentsClose CommentsPermalink





‘(2) shall not include the name of or other identifying information relating to the transferee; andCommentsClose CommentsPermalink





‘(3) shall not duplicate information provided in any report required under subsection (e)(4).CommentsClose CommentsPermalink





‘(g) Firearm Transaction Defined- In this section, the term ‘firearm transaction’--CommentsClose CommentsPermalink





‘(1) includes the offer for sale, sale, transfer, or exchange of a firearm; andCommentsClose CommentsPermalink





‘(2) does not include the mere exhibition of a firearm.’.CommentsClose CommentsPermalink





(2) PENALTIES- Section 924(a) of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(8)(A) Whoever knowingly violates section 932(a) 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) Whoever willfully violates section 932(d), 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





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





‘(E) 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) TECHNICAL AND CONFORMING AMENDMENTS- Chapter 44 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in the table of sections, by adding at the end the following:CommentsClose CommentsPermalink





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





andCommentsClose CommentsPermalink





(B) in the first sentence of section 923(j), by striking ‘a gun show or event’ and inserting ‘an event’.CommentsClose CommentsPermalink





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





‘(E) Notwithstanding subparagraph (B), the Attorney General may enter during business hours the place of business 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 932 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.’.CommentsClose CommentsPermalink





(e) Increased Penalties for Serious Recordkeeping Violations by Licensees- Section 924(a)(3) of title 18, United States Code, 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





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





(1) PENALTIES- Section 924(a) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in paragraph (5), by striking ‘subsection (s) or (t) of section 922’ and inserting ‘section 922(s)’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(9) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





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