[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 141 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 141
To require criminal background checks on all firearms transactions
occurring at gun shows.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mrs. McCarthy of New York introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require criminal background checks on all firearms transactions
occurring at 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 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.
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