| Gun Show Background Check Act of 2001 | |
Mr. REED (for himself, Mr. CORZINE, Mr. KENNEDY, Mrs. CLINTON, Mr. DURBIN, Mrs. FEINSTEIN, Mr. LEVIN, Mr. TORRICELLI, Mr. KERRY, Mr. CHAFEE, Mrs. BOXER, Mr. SCHUMER, Ms. MIKULSKI, Mr. WELLSTONE, Mr. GRAHAM, Mr. INOUYE, Mr. CARPER, Mr. WYDEN, Mr. SARBANES, Mr. AKAKA, and Mr. HOLLINGS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
SECTION 1. SHORT TITLE. SEC. 2. FINDINGS. SEC. 3. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS. `(35) GUN SHOW- The term `gun show' means any event--
`(37) 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.'
(b) REGULATION OF FIREARMS TRANSFERS AT GUN SHOWS-
`Sec. 931. Regulation of firearms transfers at gun shows `(B) Whoever knowingly violates subsection (b) or (c) of section 931, shall
be--
`(E) In addition to any other penalties imposed under this paragraph, the
Secretary may, with respect to any person who knowingly violates any provision
of section 931--
`(E) Notwithstanding subparagraph (B), the Secretary 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 931 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.'.
(d) 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--
(g) 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
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
This Act may be cited as the `Gun Show Background Check Act of 2001'.
Congress finds that--
(1) more than 4,400 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) 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;
(8) gun violence is a pervasive, national problem that is exacerbated by the
availability of guns at gun shows, flea markets, and other organized events;
(9) 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
(10) 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.
(a) DEFINITIONS- Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
`(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
`(B) at which--
`(i) not less than 20 percent of the exhibitors are firearm exhibitors;
`(ii) there are not less than 10 firearm exhibitors; or
`(36) GUN SHOW PROMOTER- The term `gun show promoter' means any person who
organizes, plans, promotes, or operates a gun show.
`(iii) 50 or more firearms are offered for sale, transfer, or exchange.
(1) IN GENERAL- Chapter 44 of title 18, United States Code, is amended by
adding at the end the following:
`(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 Secretary in accordance with regulations promulgated
by the Secretary; and
`(2) pays a registration fee, in an amount determined by the Secretary.
`(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)(1)) 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; and
`(3) notifies each person who attends the gun show of the requirements of
this chapter, in accordance with such regulations as the Secretary 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 Secretary 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 Secretary 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
`(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--
`(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).
`(1) enter such information about the firearm as the Secretary may require
by regulation into a separate bound record;
`(2) record the transfer on a form specified by the Secretary;
`(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 Secretary a report of the transfer, which report--
`(A) shall be on a form specified by the Secretary 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 Secretary; 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 Secretary a report of the transfer,
which report--
`(1) shall be in a form specified by the Secretary 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:
`(7)(A) Whoever knowingly violates section 931(a) shall be fined under this
title, imprisoned not more than 5 years, or both.
`(i) fined under this title, imprisoned not more than 2 years, or both; and
`(ii) in the case of a second or subsequent conviction, such person shall be
fined under this title, imprisoned not more than 5 years, or both.
`(C) Whoever willfully violates section 931(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, such person shall be
fined under this title, imprisoned not more than 5 years, or both.
`(D) Whoever knowingly violates subsection (e) or (f) of section 931 shall be
fined under this title, imprisoned not more than 5 years, or both.
`(i) if the person is registered pursuant to section 931(a), after notice
and opportunity for a hearing, suspend for not more than 6 months or revoke
the registration of that person under section 931(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:
`931. Regulation of firearms transfers at gun shows.';
and
(c) INSPECTION AUTHORITY- Section 923(g)(1) is amended by adding at the end
the following:
(B) in the first sentence of section 923(j), by striking `a gun show or
event' and inserting `an event'; and
`(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.'.
(e) INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL BACKGROUND CHECK
REQUIREMENTS-
(1) PENALTIES- Section 924 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
`(8) Whoever knowingly violates section 922(t) shall be fined under this
title, imprisoned not more than 5 years, or both.'.
(B) by adding at the end the following:
(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'.
(f) GUN OWNER PRIVACY AND PREVENTION OF FRAUD AND ABUSE OF SYSTEM INFORMATION-
Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting
before the period at the end the following: `, as soon as possible, consistent
with the responsibility of the Attorney General under section 103(h) of the
Brady Handgun Violence Prevention Act to ensure the privacy and security of
the system and to prevent system fraud and abuse, but in no event later than
90 days after the date on which the licensee first contacts the system with
respect to the transfer'.
