HR 141 IH
January 3, 2013
Mrs. MCCARTHY of New York introduced the following bill; which was referred to the Committee on the Judiciary
- 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 2013'.
SEC. 2. GUN SHOW BACKGROUND CHECK.
- (a) Findings- The 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 unlicensed firearms
sellers; and
- (2) gun shows at which firearms are exhibited or
offered for sale or exchange provide a convenient and centralized
commercial location where criminals and other prohibited persons obtain
firearms without background checks and without records that enable
firearm tracing.
- (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'--
- `(A) means any event at which 50 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; and
- `(C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events--
- `(i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer;
- `(ii) that are conducted by private, not-for-profit
organizations whose primary purpose is owning and maintaining real
property for the purpose of hunting activities; and
- `(iii) that are attended only by permanent or
annual dues-paying members of the organizations, and the members of the
immediate families of the dues-paying members.
- `(37) Gun Show Vendor- The term `gun show vendor' means a
person who is not licensed under section 923 and who exhibits, sells,
offers for sale, transfers, or exchanges a firearm at a gun show,
regardless of whether or not the person arranges with the gun show
operator for a fixed location from which to exhibit, sell, offer for
sale, transfer, or exchange the firearm.'.
- (c) Regulation of Firearms Transfers at Gun Shows-
- (1) IN GENERAL- Chapter 44 of such title is amended by adding at the end the following:
`Sec. 932. Regulation of firearms transfers at gun shows
- `(a) Registration of Gun Show Operators- It shall be unlawful for a person to operate a gun show, unless--
- `(1) the person has attained 21 years of age;
- `(2) the person (and, if the person is a corporation,
partnership, or association, each 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 by subsection (g) or (n) of section 922 from transporting,
shipping, or receiving firearms or ammunition in interstate or foreign
commerce;
- `(3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter;
- `(4) the person has registered with the Attorney
General as a gun show operator, in accordance with regulations
promulgated by the Attorney General, and as part of the registration--
- `(A) has provided the Attorney General with a photograph and the fingerprints of the person; and
- `(B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1);
- `(5) the person has not willfully failed to disclose
any material information required, and has not made any false statement
as to any material fact, in connection with the registration; and
- `(6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General.
- `(b) Responsibilities of Gun Show Operators-
- `(1) IN GENERAL- It shall be unlawful for a person to operate a gun show, unless the person--
- `(A) not later than 30 days before the commencement
of the gun show, notifies the Attorney General, in writing, of the
date, time, duration, and location of the gun show, and the identity of
each person who will be a gun show vendor at the gun show;
- `(B) before commencement of the gun show--
- `(i) verifies the identity of each individual
who will be a gun show vendor at the gun show by examining a valid
identification document (as defined in section 1028(d)(3)) of the
individual containing a photograph of the individual; and
- `(ii) requires each such individual to sign--
- `(I) a ledger, and enter into the ledger identifying information concerning the individual; and
- `(II) a notice which sets forth the obligations of a gun show vendor under this chapter; and
- `(C) 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.
- `(2) RECORDKEEPING- A person who operates, or has
operated, a gun show shall maintain records demonstrating compliance
with paragraph (1)(B), at such place, for such period of time, and in
such form as the Attorney General shall require by regulation, or
transmit the records to the Attorney General.
- `(c) Background Check Required Before Transfer of Firearm
Between Unlicensed Persons- It shall be unlawful for a person who is not
licensed under this chapter to transfer possession of, or title to, a
firearm at, or on the curtilage of, a gun show, to another person who is
not so licensed, or for a person who is not so licensed to receive
possession of, or title to, a firearm at, or on the curtilage of, a gun
show from another person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer--
- `(1) has entered into a separate bound record the make,
model, and serial number of the firearm, and such other information
about the transaction as the Attorney General may require by regulation;
and
- `(2) has notified the prospective transferor and
prospective transferee of the firearm that the national instant criminal
background check system established under section 103 of the Brady
Handgun Violence Prevention Act has provided the licensee with a unique
identification number, indicating that receipt of the firearm by the
prospective transferee would not violate section 922 of this title or
State law.
- `(d) Recordkeeping Requirements-
- `(1) IN GENERAL- A licensee who provides a notice
pursuant to subsection (c)(2) with respect to the transfer of a firearm
shall--
- `(A) not later than 10 days after the date of the
transfer, submit to the Attorney General a report of the transfer, which
report shall specify the make, model, and serial number of the firearm,
and contain such other information and be on such form, as the Attorney
General shall require by regulation, except that the report 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;
and
- `(B) retain a record of the transfer, including the
same information as would be required if the transfer were from the
inventory of the licensee, as part of the permanent business records of
the licensee.
- `(2) LIMITATION- The Attorney General may not impose
any recordkeeping requirement on any gun show vendor by reason of this
section.'.
- (2) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:
- `(8)(A) Whoever knowingly violates subsection (a) or (d) of
section 932 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) 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) CLERICAL AMENDMENT- The table of contents for such chapter is amended by adding at the end the following:
- `Sec. 932. Regulation of firearms transfers at gun shows.'.
- (d) Inspection Authority- Section 923(g)(1) of such title is amended by adding at the end the following:
- `(E) Notwithstanding subparagraph (B) of this
paragraph, the Attorney General may enter during business hours any
place where a gun show operator operates a gun show or is required to
maintain records pursuant to section 932(b)(2), for purposes of
examining the records required by sections 923 and 932 and the inventory
of licensees conducting business at the gun show. The entry and
examination shall be conducted for the purposes of determining
compliance with this chapter by gun show operators and licensees
conducting business at the gun show, and shall not require a showing of
reasonable cause or a warrant.'.
- (e) Reports of Multiple Sales Assisted by Licensees at Gun
Shows- Section 923(g)(3)(A) of such title is amended by inserting `or
provides pursuant to section 932(c)(2) notice with respect to,' after
`sells or otherwise disposes of,'.
- (f) Increased Penalties for Serious Recordkeeping
Violations by Licensees- Section 924(a)(3) of such title 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.'.
- (g) Increased Penalties for Violations of Criminal Background Check Requirements-
- (1) PENALTIES- Section 924(a)(5) of such title is amended--
- (A) by striking `subsection (s) or (t) of section 922' and inserting `section 922(t)'; and
- (B) by striking `1' and inserting `5'.
- (2) ELIMINATION OF CERTAIN ELEMENTS OF OFFENSE- Section
922(t)(5) of such title is amended by striking `and, at the time' and
all that follows through `State law'.
- (h) Authority To Hire Personnel To Inspect Gun Shows- The
Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may
hire at least 40 additional Industry Operations Investigators for the
purpose of carrying out inspections of gun shows (as defined in section
921(a)(36) of title 18, United States Code).
- (i) Report to the Congress- The Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports
to the Congress on how firearms (as defined in section 921(a)(3) of
title 18, United States Code) are sold at gun shows (as defined in
paragraph (36) of such section), how this section is being carried out,
whether firearms are being sold without background checks conducted by
the national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act, what resources
are needed to carry out this section, and any recommendations for
improvements to ensure that firearms are not sold without the background
checks.
- (j) Effective Date- This section and the amendments made by
this section shall take effect 180 days after the date of enactment of
this Act.
