S 2577
110th CONGRESS
2d Session
S. 2577
To establish background check procedures for gun shows.
IN THE SENATE OF THE UNITED STATES
January 30, 2008
Mr. LAUTENBERG (for himself, Mr. REED, Mr. MENENDEZ, Mrs. FEINSTEIN,
Mr. KENNEDY, Mr. KERRY, Mr. SCHUMER, Mr. WHITEHOUSE, Mr. INOUYE, Mr.
LEVIN, and Mrs. BOXER) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
A BILL
To establish background check procedures for gun shows.
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 Background Check Act of 2008'.
SEC. 2. GUN SHOW BACKGROUND CHECK.
(a) Findings- Congress finds that--
(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;
(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;
(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) 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;
(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;
(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;
(7) since the enactment of the Brady Handgun Violence Prevention Act
(Public Law 103-159; 107 Stat. 1536) in 1993, nearly 70,000,000 background
checks have been performed by Federal firearms licensees, denying
guns to 1,360,000 illegal buyers;
(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;
(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;
(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; and
(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.
(b) Definitions- Section 921(a) of title 18, United States Code, is
amended by adding at the end the following:
`(36) GUN SHOW- The term `gun show' means any event--
`(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;
and
`(i) not fewer than 20 percent of the exhibitors are firearm exhibitors;
`(ii) there are not fewer than 10 firearm exhibitors; or
`(iii) 50 or more firearms are offered for sale, transfer, or
exchange.
`(37) GUN SHOW PROMOTER- The term `gun show promoter' means any person
who organizes, plans, promotes, or operates a gun show.
`(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.'.
(c) Regulation of Firearms Transfers at Gun Shows-
(1) 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 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--
`(1) registers with the Attorney General in accordance with regulations
promulgated by the Attorney General; and
`(2) pays a registration fee, in an amount determined by the Attorney
General.
`(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--
`(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;
`(2) before commencement of the gun show, requires each gun show vendor
to sign--
`(A) a ledger with identifying information concerning the vendor;
and
`(B) a notice advising the vendor of the obligations of the vendor
under this chapter;
`(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; and
`(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.
`(c) Responsibilities of Transferors Other Than Licensees-
`(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).
`(2) CRIMINAL BACKGROUND CHECKS- A person who is subject to the requirement
of paragraph (1)--
`(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); and
`(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).
`(3) ABSENCE OF RECORDKEEPING REQUIREMENTS- Nothing in this section
shall permit or authorize the Attorney General to impose recordkeeping
requirements on any nonlicensed vendor.
`(d) Responsibilities of Transferees Other Than Licensees-
`(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).
`(2) CRIMINAL BACKGROUND CHECKS- A person who is subject to the requirement
of paragraph (1)--
`(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); and
`(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).
`(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--
`(1) enter such information about the firearm as the Attorney General
may require by regulation into a separate bound record;
`(2) record the transfer on a form specified by the Attorney General;
`(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--
`(A) of such compliance; and
`(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;
`(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--
`(A) shall be on a form specified by the Attorney General by regulation;
and
`(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;
`(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--
`(A) prepared on a form specified by the Attorney General; and
`(B) not later than the close of business on the date on which the
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
`(6) retain a record of the transfer as part of the permanent business
records of the licensed importer, licensed manufacturer, or licensed
dealer.
`(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--
`(1) shall be in a form specified by the Attorney General by regulation;
`(2) shall not include the name of or other identifying information
relating to the transferee; and
`(3) shall not duplicate information provided in any report required
under subsection (e)(4).
`(g) Firearm Transaction Defined- In this section, the term `firearm
transaction'--
`(1) includes the offer for sale, sale, transfer, or exchange of a
firearm; and
`(2) does not include the mere exhibition of a firearm.'.
(2) 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) shall be fined under
this title, imprisoned 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
`(ii) in the case of a second or subsequent conviction, fined under
this title, imprisoned not more than 5 years, or both.
`(C) Whoever willfully violates section 932(d), shall be--
`(i) fined under this title, imprisoned not more than 2 years, or
both; and
`(ii) in the case of a second or subsequent conviction, fined under
this title, imprisoned not more than 5 years, or both.
`(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.
`(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--
`(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.'.
(3) TECHNICAL AND CONFORMING AMENDMENTS- Chapter 44 of title 18, United
States Code, is amended--
(A) in the chapter analysis, by adding at the end the following:
`Sec. 932. Regulation of firearms transfers at gun shows.';
(B) in the first sentence of section 923(j), by striking `a gun
show or event' and inserting `an event'.
(d) Inspection Authority- Section 923(g)(1) is amended by adding at
the end the following:
`(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.'.
(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:
`(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.
`(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.'.
(f) Increased Penalties for Violations of Criminal Background Check
Requirements-
(1) PENALTIES- Section 924(a) of title 18, United States Code, is
amended--
(A) in paragraph (5), by striking `subsection (s) or (t) of section
922' and inserting `section 922(s)'; and
(B) 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.'.
(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'.
(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.
END
