,i #aacth ,,congress #ast ,session ,h4 ,r4 #ada ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjac ,mrs4 ,mc,carthy of ,new ,york introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to require criminal background checks on all firearms transactions occurring at gun shows4 #a4 ,short title ,this ,act may be cited as the ,gun ,show ,loophole ,closing ,act of #bjac4 #b4 ,gun show background check 7a7 ,findings ,the ,congress finds that-- 7#a7 approximately #e1bjj traditional gun shows are held annually across the ,united ,states1 attracting thousands of attendees per show and hundreds of ,federal firearms licensees and unlicensed firearms sellers2 and 7#b7 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 tracing4 7b7 ,definitions ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#cf7 ,gun show ,the term gun show-- 7,a7 means any event at which #ej or more firearms are offered or exhibited for sale1 exchange1 or transfer1 if #a or more of the firearms has been shipped or transported in1 or otherwise affects1 interstate or foreign commerce2 7,b7 does not include an offer or exhibit of firearms for sale1 exchange1 or transfer by an individual from the personal collection of that individual1 at the private residence of that individual1 if the individual is not required to be licensed under section #ibc2 and 7,c7 does not include an offer or exhibit of firearms for sale1 exchange1 or transfer at events-- 7i7 where not more than #ajj firearms are offered or exhibited for sale1 exchange or transfer2 7ii7 that are conducted by private1 not-for-profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities2 and 7iii7 that are attended only by permanent or annual dues-paying members of the organizations1 and the members of the immediate families of the dues-paying members4 7#cg7 ,gun show vendor ,the term gun show vendor means a person who is not licensed under section #ibc and who exhibits1 sells1 offers for sale1 transfers1 or exchanges a firearm at a gun show1 regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit1 sell1 offer for sale1 transfer1 or exchange the firearm4 4 7c7 ,regulation of firearms transfers at gun shows 7#a7 ,in general ,chapter #dd of such title is amended by adding at the end the following3 #icb4 ,regulation of firearms transfers at gun shows 7a7 ,registration of gun show operators ,it shall be unlawful for a person to operate a gun show1 unless-- 7#a7 the person has attained #ba years of age2 7#b7 the person 7and1 if the person is a corporation1 partnership1 or association1 each individual possessing1 directly or indirectly1 the power to direct or cause the direction of the management and policies of the corporation1 partnership1 or association7 is not prohibited by subsection 7g7 or 7n7 of section #ibb from transporting1 shipping1 or receiving firearms or ammunition in interstate or foreign commerce2 7#c7 the person has not willfully violated any provision of this chapter or regulation issued under this chapter2 7#d7 the person has registered with the ,attorney ,general as a gun show operator1 in accordance with regulations promulgated by the ,attorney ,general1 and as part of the registration-- 7,a7 has provided the ,attorney ,general with a photograph and the fingerprints of the person2 and 7,b7 has certified that the person meets the requirements of subparagraphs 7,a7 through 7,d7 of section #ibc7;d77#a72 7#e7 the person has not willfully failed to disclose any material information required1 and has not made any false statement as to any material fact1 in connection with the registration2 and 7#f7 the person has paid the ,attorney ,general a fee for the registration1 in an amount determined by the ,attorney ,general4 7b7 ,responsibilities of gun show operators 7#a7 ,in general ,it shall be unlawful for a person to operate a gun show1 unless the person-- 7,a7 not later than #cj days before the commencement of the gun show1 notifies the ,attorney ,general1 in writing1 of the date1 time1 duration1 and location of the gun show1 and the identity of each person who will be a gun show vendor at the gun show2 7,b7 before commencement of the gun show-- 7i7 verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document 7as defined in section #ajbh7;d77#c77 of the individual containing a photograph of the individual2 and 7ii7 requires each such individual to sign-- 7,i7 a ledger1 and enter into the ledger identifying information concerning the individual2 and 7,,ii7 a notice which sets forth the obligations of a gun show vendor under this chapter2 and 7,c7 notifies each person who attends the gun show of the requirements of this chapter1 in accordance with such regulations as the ,attorney ,general shall prescribe4 7#b7 ,recordkeeping ,a person who operates1 or has operated1 a gun show shall maintain records demonstrating compliance with paragraph 7#a77;,b71 at such place1 for such period of time1 and in such form as the ,attorney ,general shall require by regulation1 or transmit the records to the ,attorney ,general4 7c7 ,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 of1 or title to1 a firearm at1 or on the curtilage of1 a gun show1 to another person who is not so licensed1 or for a person who is not so licensed to receive possession of1 or title to1 a firearm at1 or on the curtilage of1 a gun show from another person who is not so licensed1 unless a licensed importer1 licensed manufacturer1 or licensed dealer-- 7#a7 has entered into a separate bound record the make1 model1 and serial number of the firearm1 and such other information about the transaction as the ,attorney ,general may require by regulation2 and 7#b7 has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act has provided the licensee with a unique identification number1 indicating that receipt of the firearm by the prospective transferee would not violate section #ibb of this title or ,state law4 7d7 ,recordkeeping requirements 7#a7 ,in general ,a licensee who provides a notice pursuant to subsection 7c77#b7 with respect to the transfer of a firearm shall-- 7,a7 not later than #aj days after the date of the transfer1 submit to the ,attorney ,general a report of the transfer1 which report shall specify the make1 model1 and serial number of the firearm1 and contain such other information and be on such form1 as the ,attorney ,general shall require by regulation1 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 chapter2 and 7,b7 retain a record of the transfer1 including the same information as would be required if the transfer were from the inventory of the licensee1 as part of the permanent business records of the licensee4 7#b7 ,limitation ,the ,attorney ,general may not impose any recordkeeping requirement on any gun show vendor by reason of this section4 4 7#b7 ,penalties ,section #ibd7;a7 of such title is amended by adding at the end the following3 7#h7 7,a7 ,whoever knowingly violates subsection 7a7 or 7d7 of section #icb shall be fined under this title1 imprisoned not more than #e years1 or both4 7,b7 ,whoever knowingly violates subsection 7b7 or 7c7 of section #icb1 shall be-- 7i7 fined under this title1 imprisoned not more than #b years1 or both2 and 7ii7 in the case of a second or subsequent conviction1 fined under this title1 imprisoned not more than #e years1 or both4 7,c7 ,in addition to any other penalties imposed under this paragraph1 the ,attorney ,general may1 with respect to any person who knowingly violates any provision of section #icb-- 7i7 if the person is registered pursuant to section #icb7;a71 after notice and opportunity for a hearing1 suspend for not more than #f months or revoke the registration of that person under section #icb7;a72 and 7ii7 impose a civil fine in an amount equal to not more than #aj1jjj4 4 7#c7 ,clerical amendment ,the table of contents for such chapter is amended by adding at the end the following3 ,sec4 #icb4 ,regulation of firearms transfers at gun shows4 4 7d7 ,inspection authority ,section #ibc7;g77#a7 of such title is amended by adding at the end the following3 7,e7 ,notwithstanding subparagraph 7,b7 of this paragraph1 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 #icb7;b77#b71 for purposes of examining the records required by sections #ibc and #icb and the inventory of licensees conducting business at the gun show4 ,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 show1 and shall not require a showing of reasonable cause or a warrant4 4 7e7 ,reports of multiple sales assisted by licensees at gun shows ,section #ibc7;g77#c77;,a7 of such title is amended by inserting or provides pursuant to section #icb7;c77#b7 notice with respect to1 after sells or otherwise disposes of14 7f7 ,increased penalties for serious recordkeeping violations by licensees ,section #ibd7;a77#c7 of such title is amended to read as follows3 7#c7 7,a7 ,except as provided in subparagraph 7,b71 any licensed dealer1 licensed importer1 licensed manufacturer1 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 chapter1 or violates section #ibb7m71 shall be fined under this title1 imprisoned not more than #a year1 or both4 7,b7 ,if the violation described in subparagraph 7,a7 is in relation to an offense-- 7i7 under paragraph 7#a7 or 7#c7 of section #ibb7;b71 such person shall be fined under this title1 imprisoned not more than #e years1 or both2 or 7ii7 under subsection 7a77#f7 or 7d7 of section #ibb1 such person shall be fined under this title1 imprisoned not more than #aj years1 or both4 4 7g7 ,increased penalties for violations of criminal background check requirements 7#a7 ,penalties ,section #ibd7;a77#e7 of such title is amended-- 7,a7 by striking subsection 7s7 or 7t7 of section #ibb and inserting section #ibb7t72 and 7,b7 by striking #a and inserting #e4 7#b7 ,elimination of certain elements of offense ,section #ibb7t77#e7 of such title is amended by striking and1 at the time and all that follows through ,state law4 7h7 ,authority ,to hire personnel ,to inspect gun shows ,the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives may hire at least #dj additional ,industry ,operations ,investigators for the purpose of carrying out inspections of gun shows 7as defined in section #iba7;a77#cf7 of title #ah1 ,united ,states ,code74 7i7 ,report to the ,congress ,the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives shall submit biennial reports to the ,congress on how firearms 7as defined in section #iba7;a77#c7 of title #ah1 ,united ,states ,code7 are sold at gun shows 7as defined in paragraph 7#cf7 of such section71 how this section is being carried out1 whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act1 what resources are needed to carry out this section1 and any recommendations for improvements to ensure that firearms are not sold without the background checks4 7j7 ,effective date ,this section and the amendments made by this section shall take effect #ahj days after the date of enactment of this ,act4