S 22 IS
January 22 (legislative day, January 3), 2013
Mr. LAUTENBERG (for himself, Mr. REED, Mr. SCHUMER, Mr. CARPER, Mrs.
FEINSTEIN, Mrs. BOXER, Mr. MENENDEZ, Mr. COONS, Mr. WHITEHOUSE, Mr.
LEVIN, Mr. CARDIN, Mr. BLUMENTHAL, Mrs. GILLIBRAND, and Mr. WYDEN)
introduced the following bill; which was read twice and 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 Background Check Act of 2013'.
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, over
100,000,000 background checks have been performed by Federal firearms
licensees, denying guns to more than 1,600,000 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
- `(B) at which--
- `(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 this title) 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 the 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 the period of time and in the 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; 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 table of sections, by adding at the end the following:
- `932. Regulation of firearms transfers at gun shows.';
- and
- (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 purpose 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.
No comments:
Post a Comment