A group of nineteen U.S. Senators -- eighteen Democrats and one Republican -- have introduced a bill amending the 1993 Brady Act by extending the required criminal background checks to purchases made at gun shows.

On April 24, 2001, Sen. Jack Reed (D-RI) introduced bill S. 767 - The Gun Show Background Check Act of 2001. The bill is intended to prevent persons with criminal backgrounds now prohibited from buying firearms in stores from doing so at guns shows, flea markets, and other organized events. The Republican cosponsor of the bill is Sen. Lincoln Chafee of Rhode Island.

The bill also requires dealers to record the serial numbers of all guns they sell, including used guns.

In introducing the bill, Sen. Reed stated, "I am introducing this legislation today to renew the process we started two years ago of bringing some common sense to our gun laws by closing a loophole that has allowed -- and even encouraged -- criminals to buy firearms at gun shows."

Reed further stated, "The FBI and ATF tell us again and again that convicted felons, domestic abusers, and other prohibited purchasers are taking advantage of the gun show loophole, but the gun lobby and their allies in Congress have done everything in their power to stop us from requiring background checks at these events."

Similar bills or amendments have all died in committee over the past three years. Supporters of S. 767, while expressing reserved hopes for congressional passage, are not sure President Bush would sign the law.

During the presidential campaign, President Bush stated that he would support background checks at guns shows, but only if the results could be returned instantly. Depending on the completeness of state criminal history databases, results of Brady background checks currently take from a few minutes to a few days.

The Brady system drew fire in March when a team of investigators from the GAO reported that special agents were able to bypass Brady Act background checks and successfully purchase firearms using fake IDs in all five states where they tried to do so.

Based on their investigation, GAO concluded that in the five states, "the instant background check does not positively identify purchasers of firearms," and that it "cannot ensure that the prospective purchaser is not a felon." [See: Fake ID's Foil Brady Checks - GAO]

As with other federal gun control laws,  The Gun Show Background Check Act of 2001 takes its authority from the government's constitutionally granted power to regulate interstate commerce. In Section 2 of the bill, the authors state: 

• "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;"
  
  

• "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;"
  
  

• "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;"
  
  

• "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;" 
  
  

• "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."

Under the proposed bill, a "Gun Show" is defined as: "Any event ... 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;"

The "Interstate Commerce Clause" is Article I, Section 8, Clause 3 of the U.S. Constitution granting Congress the power, "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

The Gun Show Background Check Act of 2001 has been submitted to the Senate Judiciary Committee chaired by Sen. Orrin Hatch (R-Utah). Committee hearings on the bill have not yet been scheduled.