110th CONGRESS
1st Session
H. R. 96
To require criminal background checks on all firearms transactions
occurring at events that provide a venue for the sale, offer for sale, transfer,
or exchange of firearms, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. CASTLE (for himself, Mr. SHAYS, and Mr. KIRK) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
To require criminal background checks on all firearms transactions
occurring at events that provide a venue for the sale, offer for sale, transfer,
or exchange of firearms, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 2007'.
SEC. 2. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by adding at
the end the following:
`(36) Special Firearms Event- The term `special firearms event'--
`(A) means any event at which 75 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;
`(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 or 932; and
`(C) does not include an offer or exhibit of firearms for sale, exchange,
or transfer at events conducted and attended by permanent or annual dues
paying members, and their immediate family, of private, not-for-profit
organizations whose primary purpose is owning and maintaining real property
for the purpose of hunting activities.
`(37) Special Firearms Event Licensee- The term `special firearms event
licensee' means any person who has obtained and holds a valid license in
compliance with section 932(d) and who is authorized to contact the national
instant criminal background check system on behalf of another individual,
who is not licensed under this chapter, for the purpose of conducting a
background check for a potential firearms transfer at a special firearms
event in accordance with section 932(c).
`(38) Special Firearms Event Vendor- The term `special firearms event vendor'
means any person who is not required to be licensed under section 923 and
who exhibits, sells, offers for sale, transfers, or exchanges 1 or more
firearms at a special firearms event, regardless of whether or not the person
arranges with the special firearms event promoter for a fixed location from
which to exhibit, sell, offer for sale, transfer, or exchange 1 or more
firearms.'.
SEC. 3. REGULATION OF FIREARMS TRANSFERS AT SPECIAL FIREARMS EVENTS.
(a) In General- Chapter 44 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 932. Regulation of firearms transfers at special firearms events
`(a) Special Firearms Events Operators-
`(1) NOTIFICATION TO ATTORNEY GENERAL OF SPECIAL FIREARMS EVENT OPERATORS-
`(A) IN GENERAL- It shall be unlawful for any person to operate a special
firearms event unless that person notifies the Attorney General in accordance
with regulations promulgated by the Attorney General.
`(B) FEES- The Attorney General shall be prohibited from imposing or
collecting any fee from special firearms event operators in connection
with the notification requirement in subparagraph (A).
`(2) RESPONSIBILITIES OF SPECIAL FIREARMS EVENTS OPERATORS- It shall be
unlawful for a special firearms events operator to organize, plan, promote,
or operate a special firearms event unless that operator--
`(A) not later than 30 days before the commencement of the special firearms
event, notifies the Attorney General, in writing, of the date, time,
duration, and location of the special firearms event, and the special
firearms event vendors planning to participate;
`(B) before the commencement of the special firearms event, or in the
case of a vendor who arrives after the commencement of the event, upon
the arrival of the vendor, verifies the identity of each special firearms
event vendor participating in the special firearms event by examining
a valid identification document (as defined in section 1028(d)(3)) of
the vendor containing a photograph of the vendor;
`(C) before the commencement of the special firearms event, or in the
case of a vendor who arrives after the commencement of the event, upon
the arrival of the vendor, requires each special firearms event vendor
to sign--
`(i) a ledger with identifying information concerning the vendor;
and
`(ii) a notice advising the vendor of the obligations of the vendor
under this chapter;
`(D) notifies each person who attends the special firearms event of
the requirements of this chapter, in accordance with such regulations
as the Attorney General shall prescribe;
`(E) not later than 5 days after the last day of the special firearms
event, submits to the Attorney General a copy of the ledger and notice
described in subparagraph (C)(i); and
`(F) maintains a copy of the records described in subparagraphs (B)
and (C) at the permanent place of business of the operator for such
period of time and in such form as the Attorney General shall require
by regulation.
`(b) Responsibilities of Transferors Other Than Licensees-
`(1) IN GENERAL- If any part of a firearm transaction takes place at a
special firearms event, or on the curtilage of the event, 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,
licensed dealer, or a special firearms event licensee in accordance with
subsection (c).
`(2) CRIMINAL BACKGROUND CHECKS- A person who is subject to the requirement
of paragraph (1) shall not--
`(A) transfer the firearm to the transferee until the licensed importer,
licensed manufacturer, licensed dealer, or a special firearms event
licensee through which the transfer is made makes the notification described
in subsection (c)(2)(A); or
`(B) transfer the firearm to the transferee if the person has been notified
under subsection (c)(2)(B) that the transfer would violate section 922
or State law.
`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section shall
permit or authorize the Attorney General to impose recordkeeping requirements
on any nonlicensed special firearms event vendor.
`(c) Responsibilities of Licensees- A licensed importer, licensed manufacturer,
licensed dealer, or special firearms event licensee who agrees to assist
a person who is not licensed under this chapter in carrying out the responsibilities
of that person under subsection (b) with respect to the transfer of a firearm
shall--
`(1) except as provided in paragraph (2), 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);
`(2) not later than 3 business days (meaning days on which State offices
are open) after the date of the agreement to purchase, or if the event
is held in a State that has been certified by the Attorney General under
section 4 of the Gun Show Loophole Closing Act of 2007, not later than
24 hours after such date (or 3 business days after such date if additional
information is required in order to verify disqualifying information from
a State that has not been certified by the Attorney General), notify the
nonlicensed transferor and the nonlicensed transferee--
`(A) of any response from the national criminal background check system,
or if the licensee has had no response from the national criminal background
check system within the applicable time period under this paragraph,
notify the nonlicensed transferor that no response has been received
and that the transfer may proceed; and
`(B) 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;
`(3) in the case of a transfer at one time or during any 5 consecutive
business days, of 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 record keeping requirements described in paragraph
(4), prepare a report of the multiple transfers, which report shall be--
`(A) on a form specified by the Attorney General; and
`(B) not later than the close of business on the date on which the multiple
transfer occurs, forwarded to--
`(i) the office specified on the form described in subparagraph (A);
and
`(ii) the appropriate State law enforcement agency of the jurisdiction
in which the transfer occurs; and
`(4) comply with all record keeping requirements under this chapter.
`(d) Special Firearms Event License-
`(1) IN GENERAL- The Attorney General shall issue a special firearms event
license to a person who submits an application for a special firearms
event license in accordance with this subsection.
`(2) APPLICATION- The application required by paragraph (1) shall be approved
if--
`(A) the applicant is 21 years of age or over;
`(B) the application includes a photograph and the fingerprints of the
applicant;
`(C) the applicant (including, in the case of a corporation, partnership,
or association, any 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 from
transporting, shipping, or receiving firearms or ammunition in interstate
or foreign commerce under subsection (g) or (n) of section 922;
`(D) the applicant has not willfully violated any of the provisions
of this chapter or regulations issued thereunder;
`(E) the applicant has not willfully failed to disclose any material
information required, or has not made any false statement as to any
material fact, in connection with the application; and
`(F) the applicant certifies that--
`(i) the applicant meets the requirements of subparagraphs (A) through
(D) of section 923(d)(1);
`(ii) the business to be conducted under the license is not prohibited
by State or local law in the place where the licensed premises is
located; and
`(iii) the business will not be conducted under the license until
the requirements of State and local law applicable to the business
have been met.
`(3) APPLICATION AND APPROVAL-
`(A) IN GENERAL- Upon the approval of an application under this subsection
and payment by the applicant of a fee of $200 for 3 years, and upon
renewal of a valid registration and payment of a fee of $90 for 3 years,
the Attorney General shall issue to the applicant an instant check registration,
and advise the Attorney General of that registration.
`(B) NICS- A special firearms event licensee may contact the national
instant criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) for
information about any individual desiring to obtain a firearm at a special
firearms event from any special firearms event vendor who has requested
the assistance of the registrant in complying with subsection (c) with
respect to the transfer of the firearm, during the 3-year period that
begins on the date on which the registration is issued.
`(4) REQUIREMENTS- The requirements for a special firearms event licensee
shall not exceed the requirements for a licensed dealer and the record
keeping requirements shall be the same.
`(A) BACKGROUND CHECKS- A special firearms event licensee may have access
to the national instant criminal background check system to conduct
a background check only at a special firearms event and only on behalf
of another person.
`(B) TRANSFER OF FIREARMS- A special firearms event licensee shall not
transfer a firearm at a special firearms event.
`(e) Firearm Transaction Defined- In this section, the term `firearm transaction'--
`(1) includes the sale, offer for sale, transfer, or exchange of a firearm;
and
`(A) the mere exhibition of a firearm; or
`(B) the sale, transfer, or exchange of firearms between immediate family
members, including parents, children, siblings, grandparents, and grandchildren.'.
(b) Penalties- Section 924(a) of title 18, United States Code, is amended
by adding at the end the following:
`(8)(A) Whoever knowingly violates section 932(a)(1) or 932(b)--
`(i) shall be fined under this title, imprisoned not more than 2 years,
or both; and
`(ii) in the case of a second or subsequent conviction, shall be fined
under this title, imprisoned not more than 5 years, or both.
`(B) Whoever knowingly violates section 932(a)(2) or 932(c) shall be fined
under this title, imprisoned not more than 5 years, or both.
`(C) Whoever knowingly violates section 932(a)(3) shall be fined under this
title, imprisoned not more than 2 years, or both.
`(D) In addition to any other penalties imposed under this paragraph, the
Attorney General may, with respect to any person who violates any provision
of section 932--
`(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); and
`(ii) impose a civil fine in an amount equal to not more than $10,000.'.
(c) Unlawful Acts- Section 922(b) of title 18, United States Code, is amended
in the matter preceding paragraph (1), by striking `or licensed collector'
and inserting `licensed collector, or special firearms event licensee'.
(d) Technical and Conforming Amendments- Chapter 44 of title 18, United
States Code, is amended in the chapter analysis, by adding at the end the
following:
`932. Regulation of firearms transfers at special firearms events.'.
SEC. 4. STATE OPTION FOR 24-HOUR BACKGROUND CHECKS AT SPECIAL FIREARMS
EVENTS FOR STATES WITH COMPUTERIZED DISQUALIFYING RECORDS.
(a) In General- Effective 3 years after the date of enactment of this Act,
a State may apply to the Attorney General for certification of the 24-hour
verification authority of that State.
(b) Certification- The Attorney General shall certify a State for 24-hour
verification authority only upon a clear showing by the State, and certification
by the Bureau of Justice Statistics, that--
(1) not less than 95 percent of all records containing information that
would disqualify an individual under subsections (g) and (n) of section
922 of title 18, United States Code, or under State law, is available
on computer records in the State, and is searchable under the national
instant criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note);
(2) not less than 95 percent of all records containing information that
would disqualify an individual under paragraphs (8) and (9) of subsection
922(g) of title 18, United States Code, or under State law, is available
on computer records in the State, and is searchable under the national
instant criminal background check system established under section 103
of the Brady Handgun Violence Protection Act (18 U.S.C. 922 note); and
(3) the chief judicial officer of the State requires the courts of the
State to use the toll-free telephone number described in subsection (d)(1)
to immediately notify the National Instant Criminal Background Check System
each time a restraining order (as described in section 922(g)(8) of title
18, United States Code) is issued, lifted, or otherwise removed by order
of the court.
(1) DISQUALIFYING INFORMATION- Disqualifying information for each State
under subsection (b) shall include the disqualifying records for that
State generated during the 30 years preceding the date of application
to the Attorney General for certification.
(2) TOLL-FREE TELEPHONE NUMBER- Upon a showing by the State that a court
of the State has developed computer systems which permit the court to
immediately electronically notify the National Instant Criminal Background
Check System with respect to the issuance or lifting of restraining orders,
the use of the toll-free telephone number described in subsection (d)(1)
shall no longer be required under subsection (b)(3).
(d) Notification Infrastructure- Before certifying any State under subsection
(b), the Attorney General shall--
(1) create a toll-free telephone number through which State and local
courts may immediately notify the National Instant Background Check System
whenever a restraining order (as described in section 922(g)(8) of title
18, United States Code) is issued, lifted, or otherwise removed by order
of the court; and
(2) encourage States to develop computer systems that permit courts to
immediately electronically notify the National Instant Criminal Background
Check System whenever a restraining order (as described in section 922(g)(8)
of title 18, United States Code) has been issued, lifted, or otherwise
removed by order of the court.
(e) 24-Hour Provision- Upon certification by the Attorney General, the 24-hour
provision in section 932(c)(2) of title 18, United States Code, shall apply
to the verification process (for transfers between unlicensed persons) in
that State unless additional information is required in order to verify
disqualifying information from a State that has not been certified by the
Attorney General, in which case the 3 business day limit shall apply.
(f) Annual Review- The Director of the Bureau of Justice Statistics shall
annually review the certifications under this section.
(g) Revocation- The Attorney General shall revoke the certification required
under this section for any State that is not in compliance with subsection
(b).
SEC. 5. INSPECTION AUTHORITY.
Section 923(g)(1)(B), of title 18, United States Code, is amended by striking
`or licensed dealer' and inserting `licensed dealer, or special firearms
event operator'.
SEC. 6. INCREASED PENALTIES FOR SERIOUS RECORDKEEPING 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, licensed collector, or special firearms
event licensee 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.
`(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, imprisoned not more than 10 years, or both.'.
SEC. 7. INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL BACKGROUND CHECK
REQUIREMENTS.
Section 924(a) of title 18, United States Code, as amended by section 3(b)
of this Act, is further amended--
(1) in paragraph (5), by striking `subsection (s) or (t) of section 922'
and inserting `section 922(s)'; and
(2) by adding at the end the following:
`(9) Whoever knowingly violates section 922(t) shall be fined under this
title, imprisoned not more than 5 years, or both.'.
SEC. 8. RULE OF INTERPRETATION.
A provision of State law is not inconsistent with this Act or an amendment
made by this Act if the provision imposes a regulation or prohibition of
greater scope or a penalty of greater severity than any prohibition or penalty
imposed by this Act or an amendment made by this Act.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 180 days
after the date of enactment of this Act.
END
