,,ii #aacth ,,congress #ast ,session ,s4 #bb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bb 7legislative day1 ,january #c71 #bjac ,mr4 ,lautenberg 7for himself1 ,mr4 ,reed1 ,mr4 ,schumer1 ,mr4 ,carper1 ,mrs4 ,feinstein1 ,mrs4 ,boxer1 ,mr4 ,menendez1 ,mr4 ,coons1 ,mr4 ,whitehouse1 ,mr4 ,levin1 ,mr4 ,cardin1 ,mr4 ,blumenthal1 ,mrs4 ,gillibrand1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish background check procedures for gun shows4 #a4 ,short title ,this ,act may be cited as the ,gun ,show ,background ,check ,act of #bjac4 #b4 ,gun show background check 7a7 ,findings ,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 nonlicensed firearms sellers2 7#b7 traditional gun shows1 as well as flea markets and other organized events1 at which a large number of firearms are offered for sale by ,federal firearms licensees and nonlicensed firearms sellers1 form a significant part of the national firearms market2 7#c7 firearms and ammunition that are exhibited or offered for sale or exchange at gun shows1 flea markets1 and other organized events move easily in and substantially affect interstate commerce2 7#d7 in fact1 even before a firearm is exhibited or offered for sale or exchange at a gun show1 flea market1 or other organized event1 the gun1 its component parts1 ammunition1 and the raw materials from which it is manufactured have moved in interstate commerce2 7#e7 gun shows1 flea markets1 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 anonymously1 often without background checks and without records that enable gun tracing2 7#f7 at gun shows1 flea markets1 and other organized events at which guns are exhibited or offered for sale or exchange1 criminals and other prohibited persons obtain guns without background checks and frequently use guns that cannot be traced to later commit crimes2 7#g7 since the enactment of the ,brady ,handgun ,violence ,prevention ,act 7,public ,law #ajc-aei2 #ajg ,stat4 #aecf7 in #aiic1 over #ajj1jjj1jjj background checks have been performed by ,federal firearms licensees1 denying guns to more than #a1fjj1jjj illegal buyers2 7#h7 many persons who buy and sell firearms at gun shows1 flea markets1 and other organized events cross ,state lines to attend these events and engage in the interstate transportation of firearms obtained at these events2 7#i7 gun violence is a pervasive1 national problem that is exacerbated by the availability of guns at gun shows1 flea markets1 and other organized events2 7#aj7 firearms associated with gun shows have been transferred illegally to residents of another ,state by ,federal firearms licensees and nonlicensed firearms sellers1 and have been involved in subsequent crimes including drug offenses1 crimes of violence1 property crimes1 and illegal possession of firearms by felons and other prohibited persons2 and 7#aa7 ,congress has the power1 under the interstate commerce clause and other provisions of the ,constitution of the ,united ,states1 to ensure1 by enactment of this ,act1 that criminals and other prohibited persons do not obtain firearms at gun shows1 flea markets1 and other organized events4 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 means any event-- 7,a7 at which #ej or more firearms are offered or exhibited for sale1 transfer1 or exchange1 if #a or more of the firearms has been shipped or transported in1 or otherwise affects1 interstate or foreign commerce2 and 7,b7 at which-- 7i7 not fewer than #bj percent of the exhibitors are firearm exhibitors2 7ii7 there are not fewer than #aj firearm exhibitors2 or 7iii7 #ej or more firearms are offered for sale1 transfer1 or exchange4 7#cg7 ,gun show promoter ,the term gun show promoter means any person who organizes1 plans1 promotes1 or operates a gun show4 7#ch7 ,gun show vendor ,the term gun show vendor means any person who exhibits1 sells1 offers for sale1 transfers1 or exchanges #a or more firearms at a gun show1 regardless of whether or not the person arranges with the gun show promoter for a fixed location from which to exhibit1 sell1 offer for sale1 transfer1 or exchange #a or more firearms4 4 7c7 ,regulation of firearms transfers at gun shows 7#a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,regulation of firearms transfers at gun shows4 7a7 ,registration of gun show promoters ,it shall be unlawful for any person to organize1 plan1 promote1 or operate a gun show unless that person-- 7#a7 registers with the ,attorney ,general in accordance with regulations promulgated by the ,attorney ,general2 and 7#b7 pays a registration fee1 in an amount determined by the ,attorney ,general4 7b7 ,responsibilities of gun show promoters ,it shall be unlawful for any person to organize1 plan1 promote1 or operate a gun show unless that person-- 7#a7 before commencement of the gun show1 verifies the identity of each gun show vendor participating in the gun show by examining a valid identification document 7as defined in section #ajbh7;d77#c7 of this title7 of the vendor containing a photograph of the vendor2 7#b7 before commencement of the gun show1 requires each gun show vendor to sign-- 7,a7 a ledger with identifying information concerning the vendor2 and 7,b7 a notice advising the vendor of the obligations of the vendor under this chapter2 7#c7 notifies each person who attends the gun show of the requirements of this chapter1 in accordance with the regulations as the ,attorney ,general shall prescribe2 and 7#d7 maintains a copy of the records described in paragraphs 7#a7 and 7#b7 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 regulation4 7c7 ,responsibilities of transferors other than licensees 7#a7 ,in general ,if any part of a firearm transaction takes place at a gun show1 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 chapter1 unless the firearm is transferred through a licensed importer1 licensed manufacturer1 or licensed dealer in accordance with subsection 7e74 7#b7 ,criminal background checks ,a person who is subject to the requirement of paragraph 7#a7-- 7,a7 shall not transfer the firearm to the transferee until the licensed importer1 licensed manufacturer1 or licensed dealer through which the transfer is made under subsection 7e7 makes the notification described in subsection 7e77#c77;,a72 and 7,b7 notwithstanding subparagraph 7,a71 shall not transfer the firearm to the transferee if the licensed importer1 licensed manufacturer1 or licensed dealer through which the transfer is made under subsection 7e7 makes the notification described in subsection 7e77#c77;,b74 7#c7 ,absence of recordkeeping requirements ,nothing in this section shall permit or authorize the ,attorney ,general to impose recordkeeping requirements on any nonlicensed vendor4 7d7 ,responsibilities of transferees other than licensees 7#a7 ,in general ,if any part of a firearm transaction takes place at a gun show1 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 chapter1 unless the firearm is transferred through a licensed importer1 licensed manufacturer1 or licensed dealer in accordance with subsection 7e74 7#b7 ,criminal background checks ,a person who is subject to the requirement of paragraph 7#a7-- 7,a7 shall not receive the firearm from the transferor until the licensed importer1 licensed manufacturer1 or licensed dealer through which the transfer is made under subsection 7e7 makes the notification described in subsection 7e77#c77;,a72 and 7,b7 notwithstanding subparagraph 7,a71 shall not receive the firearm from the transferor if the licensed importer1 licensed manufacturer1 or licensed dealer through which the transfer is made under subsection 7e7 makes the notification described in subsection 7e77#c77;,b74 7e7 ,responsibilities of licensees ,a licensed importer1 licensed manufacturer1 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 7c7 or 7d7 with respect to the transfer of a firearm shall-- 7#a7 enter such information about the firearm as the ,attorney ,general may require by regulation into a separate bound record2 7#b7 record the transfer on a form specified by the ,attorney ,general2 7#c7 comply with section #ibb7t7 as if transferring the firearm from the inventory of the licensed importer1 licensed manufacturer1 or licensed dealer to the designated transferee 7although a licensed importer1 licensed manufacturer1 or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section #ibb7t7 in delivering the firearm to the nonlicensed transferor71 and notify the nonlicensed transferor and the nonlicensed transferee-- 7,a7 of such compliance2 and 7,b7 if the transfer is subject to the requirements of section #ibb7t77#a71 of any receipt by the licensed importer1 licensed manufacturer1 or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section #ibb or would violate ,state law2 7#d7 not later than #aj days after the date on which the transfer occurs1 submit to the ,attorney ,general a report of the transfer1 which report-- 7,a7 shall be on a form specified by the ,attorney ,general2 and 7,b7 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 7#e7 if the licensed importer1 licensed manufacturer1 or licensed dealer assists a person other than a licensee in transferring1 at #a time or during any #e consecutive business days1 #b or more pistols or revolvers1 or any combination of pistols and revolvers totaling #b or more1 to the same nonlicensed person1 in addition to the reports required under paragraph 7#d71 prepare a report of the multiple transfers1 which report shall be-- 7,a7 prepared on a form specified by the ,attorney ,general2 and 7,b7 not later than the close of business on the date on which the transfer occurs1 forwarded to-- 7i7 the office specified on the form described in subparagraph 7,a72 and 7ii7 the appropriate ,state law enforcement agency of the jurisdiction in which the transfer occurs2 and 7#f7 retain a record of the transfer as part of the permanent business records of the licensed importer1 licensed manufacturer1 or licensed dealer4 7f7 ,records of licensee transfers ,if any part of a firearm transaction takes place at a gun show1 each licensed importer1 licensed manufacturer1 and licensed dealer who transfers #a or more firearms to a person who is not licensed under this chapter shall1 not later than #aj days after the date on which the transfer occurs1 submit to the ,attorney ,general a report of the transfer1 which report-- 7#a7 shall be in a form specified by the ,attorney ,general by regulation2 7#b7 shall not include the name of or other identifying information relating to the transferee2 and 7#c7 shall not duplicate information provided in any report required under subsection 7e77#d74 7g7 ,firearm transaction defined ,in this section1 the term firearm transaction-- 7#a7 includes the offer for sale1 sale1 transfer1 or exchange of a firearm2 and 7#b7 does not include the mere exhibition of a firearm4 4 7#b7 ,penalties ,section #ibd7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 7,a7 ,whoever knowingly violates section #icb7;a7 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 #icb 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 ,whoever willfully violates section #icb7;d7 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,d7 ,whoever knowingly violates subsection 7e7 or 7f7 of section #icb shall be fined under this title1 imprisoned not more than #e years1 or both4 7,e7 ,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 ,technical and conforming amendments ,chapter #dd of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in the table of sections1 by adding at the end the following3 #icb4 ,regulation of firearms transfers at gun shows4 2 and 7,b7 in the first sentence of section #ibc7;j71 by striking a gun show or event and inserting an event4 7d7 ,inspection authority ,section #ibc7;g77#a7 is amended by adding at the end the following3 7,e7 ,notwithstanding subparagraph 7,b71 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 #ibc and #icb and the inventory of licensees conducting business at the gun show4 ,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 warrant4 4 7e7 ,increased penalties for serious recordkeeping violations by licensees ,section #ibd7;a77#c7 of title #ah1 ,united ,states ,code1 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 #ibb7m7 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 7f7 ,increased penalties for violations of criminal background check requirements 7#a7 ,penalties ,section #ibd7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#e71 by striking subsection 7s7 or 7t7 of section #ibb and inserting section #ibb7s72 and 7,b7 by adding at the end the following3 7#i7 ,whoever knowingly violates section #ibb7t7 shall be fined under this title1 imprisoned not more than #e years1 or both4 4 7#b7 ,elimination of certain elements of offense ,section #ibb7t77#e7 of title #ah1 ,united ,states ,code1 is amended by striking and1 at the time and all that follows through ,state law4 7g7 ,effective date ,this ,act and the amendments made by this section shall take effect #ahj days after the date of enactment of this ,act4