[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1807 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1807
To require criminal background checks on all firearms transactions
occurring at events that provide a venue for the sale, offer for sale,
transfer, or exchange of firearms, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 31, 2003
Mr. McCain (for himself, Mr. Reed, Mr. DeWine, Mr. Lieberman, Mr.
Chafee, Mr. Lautenberg, and Mr. Schumer) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require criminal background checks on all firearms transactions
occurring at events that provide a venue for the sale, offer for sale,
transfer, or exchange of firearms, and for other purposes.
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
2003''.
SEC. 2. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
``(36) Special firearms event.--The term `special firearms
event'--
``(A) means any event at which 75 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 or 932; and
``(C) does not include an offer or exhibit of
firearms for sale, exchange, or transfer at events
conducted and attended by permanent or annual dues
paying members, and their immediate family, of private,
not-for-profit organizations whose primary purpose is
owning and maintaining real property for the purpose of
hunting activities.
``(37) Special firearms event licensee.--The term `special
firearms event licensee' means any person who has obtained and
holds a valid license in compliance with section 932(d) and who
is authorized to contact the national instant criminal
background check system on behalf of another individual, who is
not licensed under this chapter, for the purpose of conducting
a background check for a potential firearms transfer at a
special firearms event in accordance with section 932(c).
``(38) Special firearms event vendor.--The term `special
firearms event vendor' means any person who is not required to
be licensed under section 923 and who exhibits, sells, offers
for sale, transfers, or exchanges 1 or more firearms at a
special firearms event, regardless of whether or not the person
arranges with the special firearms event promoter for a fixed
location from which to exhibit, sell, offer for sale, transfer,
or exchange 1 or more firearms.''.
SEC. 3. REGULATION OF FIREARMS TRANSFERS AT SPECIAL FIREARMS EVENTS.
(a) 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 special firearms events
``(a) Special Firearms Events Operators.--
``(1) Notification to attorney general of special firearms
event operators.--
``(A) In general.--It shall be unlawful for any
person to operate a special firearms event unless that
person notifies the Attorney General in accordance with
regulations promulgated by the Attorney General.
``(B) Fees.--The Attorney General shall be
prohibited from imposing or collecting any fee from
special firearms event operators in connection with the
notification requirement in subparagraph (A).
``(2) Responsibilities of special firearms events
operators.--It shall be unlawful for a special firearms events
operator to organize, plan, promote, or operate a special
firearms event unless that operator--
``(A) not later than 30 days before the
commencement of the special firearms event, notifies
the Attorney General, in writing, of the date, time,
duration, and location of the special firearms event,
and the special firearms event vendors planning to
participate;
``(B) before the commencement of the special
firearms event, or in the case of a vendor who arrives
after the commencement of the event, upon the arrival
of the vendor, verifies the identity of each special
firearms event vendor participating in the special
firearms event by examining a valid identification
document (as defined in section 1028(d)(2)) of the
vendor containing a photograph of the vendor;
``(C) before the commencement of the special
firearms event, or in the case of a vendor who arrives
after the commencement of the event, upon the arrival
of the vendor, requires each special firearms event
vendor to sign--
``(i) a ledger with identifying information
concerning the vendor; and
``(ii) a notice advising the vendor of the
obligations of the vendor under this chapter;
``(D) notifies each person who attends the special
firearms event of the requirements of this chapter, in
accordance with such regulations as the Attorney
General shall prescribe;
``(E) not later than 5 days after the last day of
the special firearms event, submits to the Attorney
General a copy of the ledger and notice described in
subparagraph (C)(i); and
``(F) maintains a copy of the records described in
subparagraphs (B) and (C) at the permanent place of
business of the operator for such period of time and in
such form as the Attorney General shall require by
regulation.
``(b) Responsibilities of Transferors Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a special firearms event, or on the curtilage of
the event, 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, licensed dealer, or a special firearms event
licensee in accordance with subsection (c).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1) shall not--
``(A) transfer the firearm to the transferee until
the licensed importer, licensed manufacturer, licensed
dealer, or a special firearms event licensee through
which the transfer is made makes the notification
described in subsection (c)(2)(A); or
``(B) transfer the firearm to the transferee if the
person has been notified under subsection (c)(2)(B)
that the transfer would violate section 922 or State
law.
``(3) Absence of recordkeeping requirements.--Nothing in
this section shall permit or authorize the Attorney General to
impose recordkeeping requirements on any nonlicensed special
firearms event vendor.
``(c) Responsibilities of Licensees.--A licensed importer, licensed
manufacturer, licensed dealer, or special firearms event licensee who
agrees to assist a person who is not licensed under this chapter in
carrying out the responsibilities of that person under subsection (b)
with respect to the transfer of a firearm shall--
``(1) except as provided in paragraph (2), 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);
``(2) not later than 3 business days (meaning days on which
State offices are open) after the date of the agreement to
purchase, or if the event is held in a State that has been
certified by the Attorney General under section 4 of the Gun
Show Loophole Closing Act of 2003, not later than 24 hours
after such date (or 3 business days after such date if
additional information is required in order to verify
disqualifying information from a State that has not been
certified by the Attorney General), notify the nonlicensed
transferor and the nonlicensed transferee--
``(A) of any response from the national criminal
background check system, or if the licensee has had no
response from the national criminal background check
system within the applicable time period under this
paragraph, notify the nonlicensed transferor that no
response has been received and that the transfer may
proceed; and
``(B) 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;
``(3) in the case of a transfer at one time or during any 5
consecutive business days, of 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 record
keeping requirements described in paragraph (4), prepare a
report of the multiple transfers, which report shall be--
``(A) on a form specified by the Attorney General;
and
``(B) not later than the close of business on the
date on which the multiple 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
``(4) comply with all record keeping requirements under
this chapter.
``(d) Special Firearms Event License.--
``(1) In general.--The Attorney General shall issue a
special firearms event license to a person who submits an
application for a special firearms event license in accordance
with this subsection.
``(2) Application.--The application required by paragraph
(1) shall be approved if--
``(A) the applicant is 21 years of age or over;
``(B) the application includes a photograph and the
fingerprints of the applicant;
``(C) the applicant (including, in the case of a
corporation, partnership, or association, any
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 from
transporting, shipping, or receiving firearms or
ammunition in interstate or foreign commerce under
subsection (g) or (n) of section 922;
``(D) the applicant has not willfully violated any
of the provisions of this chapter or regulations issued
thereunder;
``(E) the applicant has not willfully failed to
disclose any material information required, or has not
made any false statement as to any material fact, in
connection with the application; and
``(F) the applicant certifies that--
``(i) the applicant meets the requirements
of subparagraphs (A) through (D) of section
923(d)(1);
``(ii) the business to be conducted under
the license is not prohibited by State or local
law in the place where the licensed premises is
located; and
``(iii) the business will not be conducted
under the license until the requirements of
State and local law applicable to the business
have been met.
``(3) Application and approval.--
``(A) In general.--Upon the approval of an
application under this subsection and payment by the
applicant of a fee of $200 for 3 years, and upon
renewal of a valid registration and payment of a fee of
$90 for 3 years, the Attorney General shall issue to
the applicant an instant check registration, and advise
the Attorney General of that registration.
``(B) NICS.--A special firearms event licensee may
contact the national instant criminal background check
system established under section 103 of the Brady
Handgun Violence Prevention Act (18 U.S.C. 922 note)
for information about any individual desiring to obtain
a firearm at a special firearms event from any special
firearms event vendor who has requested the assistance
of the registrant in complying with subsection (c) with
respect to the transfer of the firearm, during the 3-
year period that begins on the date on which the
registration is issued.
``(4) Requirements.--The requirements for a special
firearms event licensee shall not exceed the requirements for a
licensed dealer and the record keeping requirements shall be
the same.
``(5) Restrictions.--
``(A) Background checks.--A special firearms event
licensee may have access to the national instant
criminal background check system to conduct a
background check only at a special firearms event and
only on behalf of another person.
``(B) Transfer of firearms.--A special firearms
event licensee shall not transfer a firearm at a
special firearms event.
``(e) Firearm Transaction Defined.--In this section, the term
`firearm transaction'--
``(1) includes the sale, offer for sale, transfer, or
exchange of a firearm; and
``(2) does not include--
``(A) the mere exhibition of a firearm; or
``(B) the sale, transfer, or exchange of firearms
between immediate family members, including parents,
children, siblings, grandparents, and grandchildren.''.
(b) 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)(1) or 932(b)--
``(i) shall be fined under this title, imprisoned not more
than 2 years, or both; and
``(ii) in the case of a second or subsequent conviction,
shall be fined under this title, imprisoned not more than 5
years, or both.
``(B) Whoever knowingly violates section 932(a)(2) or 932(c) shall
be fined under this title, imprisoned not more than 5 years, or both.
``(C) Whoever knowingly violates section 932(a)(3) shall be fined
under this title, imprisoned not more than 2 years, or both.
``(D) In addition to any other penalties imposed under this
paragraph, the Attorney General may, with respect to any person who
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.''.
(c) Unlawful Acts.--Section 922(b) of title 18, United States Code,
is amended in the matter preceding paragraph (1), by striking ``or
licensed collector'' and inserting ``licensed collector, or special
firearms event licensee''.
(d) Technical and Conforming Amendments.--Chapter 44 of title 18,
United States Code, is amended in the chapter analysis, by adding at
the end the following:
``932. Regulation of firearms transfers at special firearms events.''.
SEC. 4. STATE OPTION FOR 24-HOUR BACKGROUND CHECKS AT SPECIAL FIREARMS
EVENTS FOR STATES WITH COMPUTERIZED DISQUALIFYING
RECORDS.
(a) In General.--Effective 3 years after the date of enactment of
this Act, a State may apply to the Attorney General for certification
of the 24-hour verification authority of that State.
(b) Certification.--The Attorney General shall certify a State for
24-hour verification authority only upon a clear showing by the State,
and certification by the Bureau of Justice Statistics, that--
(1) not less than 95 percent of all records containing
information that would disqualify an individual under
subsections (g) and (n) of section 922 of title 18, United
States Code, or under State law, is available on computer
records in the State, and is searchable under the national
instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note);
(2) not less than 95 percent of all records containing
information that would disqualify an individual under
paragraphs (8) and (9) of subsection 922(g) of title 18, United
States Code, or under State law, is available on computer
records in the State, and is searchable under the national
instant criminal background check system established under section 103
of the Brady Handgun Violence Protection Act (18 U.S.C. 922 note); and
(3) the chief judicial officer of the State requires the
courts of the State to use the toll-free telephone number
described in subsection (d)(1) to immediately notify the
National Instant Criminal Background Check System each time a
restraining order (as described in section 922(g)(8) of title
18, United States Code) is issued, lifted, or otherwise removed
by order of the court.
(c) Clarifications.--
(1) Disqualifying information.--Disqualifying information
for each State under subsection (b) shall include the
disqualifying records for that State generated during the 30
years preceding the date of application to the Attorney General
for certification.
(2) Toll-free telephone number.--Upon a showing by the
State that a court of the State has developed computer systems
which permit the court to immediately electronically notify the
National Instant Criminal Background Check System with respect
to the issuance or lifting of restraining orders, the use of
the toll-free telephone number described in subsection (d)(1)
shall no longer be required under subsection (b)(3).
(d) Notification Infrastructure.--Before certifying any State under
subsection (b), the Attorney General shall--
(1) create a toll-free telephone number through which State
and local courts may immediately notify the National Instant
Background Check System whenever a restraining order (as
described in section 922(g)(8) of title 18, United States Code)
is issued, lifted, or otherwise removed by order of the court;
and
(2) encourage States to develop computer systems that
permit courts to immediately electronically notify the National
Instant Criminal Background Check System whenever a restraining
order (as described in section 922(g)(8) of title 18, United
States Code) has been issued, lifted, or otherwise removed by
order of the court.
(e) 24-Hour Provision.--Upon certification by the Attorney General,
the 24-hour provision in section 932(c)(2) of title 18, United States
Code, shall apply to the verification process (for transfers between
unlicensed persons) in that State unless additional information is
required in order to verify disqualifying information from a State that
has not been certified by the Attorney General, in which case the 3
business day limit shall apply.
(f) Annual Review.--The Director of the Bureau of Justice
Statistics shall annually review the certifications under this section.
(g) Revocation.--The Attorney General shall revoke the
certification required under this section for any State that is not in
compliance with subsection (b).
SEC. 5. INSPECTION AUTHORITY.
Section 923(g)(1)(B), of title 18, United States Code, is amended
by striking ``or licensed dealer'' and inserting ``licensed dealer, or
special firearms event operator''.
SEC. 6. 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,
licensed collector, or special firearms event licensee 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.''.
SEC. 7. INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL BACKGROUND CHECK
REQUIREMENTS.
Section 924(a) of title 18, United States Code, as amended by
section 3(b), is further amended--
(1) in paragraph (5), by striking ``subsection (s) or (t)
of section 922'' and inserting ``section 922(s)''; and
(2) 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.''.
SEC. 8. RULE OF INTERPRETATION.
A provision of State law is not inconsistent with this Act or an
amendment made by this Act if the provision imposes a regulation or
prohibition of greater scope or a penalty of greater severity than any
prohibition or penalty imposed by this Act or an amendment made by this
Act.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 180
days after the date of enactment of this Act.
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