2000
[DOCID: f:h2377ih.txt]
107th CONGRESS
1st Session
H. R. 2377
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 to provide additional resources
for gun crime enforcement.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2001
Mr. Castle (for himself, Mrs. McCarthy of New York, Mr. Kirk, Mr.
Moore, Mrs. Tauscher, Mr. Shays, Mr. Abercrombie, Mr. Andrews, Mr.
Barrett of Wisconsin, Mr. Berman, Mr. Blumenauer, Mr. Borski, Mrs.
Capps, Mr. Capuano, Ms. Carson of Indiana, Mr. Coyne, Mr. Crowley, Mrs.
Morella, Mrs. Davis of California, Mr. Davis of Illinois, Mr. Dooley of
California, Mr. Engel, Mr. Ferguson, Mr. Evans, Mr. Farr of California,
Mr. Filner, Mr. Frank, Mr. Gutierrez, Ms. Harman, Mr. Hoeffel, Ms.
Hooley of Oregon, Mr. Smith of New Jersey, Mr. Horn, Mr. Israel, Mr.
Jackson of Illinois, Ms. Jackson-Lee of Texas, Mrs. Johnson of
Connecticut, Ms. Schakowsky, Mr. Langevin, Mr. Lantos, Mr. Larson of
Connecticut, Mr. Lipinski, Mrs. Lowey, Mrs. Maloney of New York, Mr.
Markey, Ms. McCollum, Mr. Meehan, Ms. Millender-McDonald, Mr. George
Miller of California, Mrs. Mink of Hawaii, Mr. Moran of Virginia, Mr.
Nadler, Mr. Neal of Massachusetts, Ms. Norton, Mr. Pastor, Mr. Payne,
Ms. Rivers, Ms. Sanchez, Mr. Schiff, Mr. Sherman, Ms. Solis, Mr.
Tierney, Mr. Towns, Mrs. Jones of Ohio, Ms. Velazquez, Mr. Wexler, Ms.
Woolsey, and Mr. Wynn) 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 events that provide a venue for the sale, offer for sale,
transfer, or exchange of firearms, and to provide additional resources
for gun crime enforcement.
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 and Gun
Law Enforcement Act of 2001''.
TITLE I--GUN SHOW LOOPHOLE CLOSING ACT OF 2001
SEC. 101. SHORT TITLE.
This title may be cited as the ``Gun Show Loophole Closing Act of
2001''.
SEC. 102. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
``(35) Special firearms event.--The term `special firearms event'--
``(A) means any event at which 75 or more firearms are
offered or exhibited for sale or exchange, if 1 or more of the
firearms has been shipped or transported in, or otherwise
affects, interstate or foreign commerce; and
``(B) does not include an offer or exhibit of firearms for
sale or exchange 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 sections 923 and 931.
``(36) Special firearms event frequent operator.--The term `special
firearms event frequent operator' means any person who operates 2 or
more special firearms events in a 6 month period.
``(37) Special firearms event infrequent operator.--The term
`special firearms event infrequent operator' means any person who
operates not more than 1 special firearms event in a 6 month period.
``(38) 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 931(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 931(c).
``(39) Special firearms event vendor.--The term `special firearms
event vendor' means any person who is not required to be licensed under
section 923, 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. 103. 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. 931. Regulation of firearms transfers at special firearms events
``(a) Special Firearms Event Operators.--
``(1) Registration of special firearms event operators.--
``(A) In general.--It shall be unlawful for any
person to operate a special firearms event unless that
person registers with the Secretary in accordance with
regulations promulgated by the Secretary.
``(B) Fees.--The Secretary shall be prohibited from
imposing or collecting any fee from special firearms
event operators in connection with the registration
requirement in subparagraph (A).
``(2) Responsibilities of special firearms events frequent
operators.--It shall be unlawful for a special firearms events
frequent operator to organize, plan, promote, or operate a
special firearms event unless that operator--
``(A) has an annual operating license for special
firearms events frequent operators issued by the
Secretary pursuant to regulations promulgated by the
Secretary;
``(B) not later than 30 days before commencement of
the special firearms event, notifies the Secretary of
the date, time, duration, and location of the special
firearms event, the special firearms event vendors
planning to participate, and any other information
concerning the special firearms event as the Secretary
may require by regulation;
``(C) not later than 72 hours before commencement
of the special firearms event, submits to the Secretary
an updated list of all special firearms event vendors
planning to participate, and any other information
concerning such vendors as the Secretary may require by
regulation;
``(D) before 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;
``(E) before 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;
``(F) notifies each person who attends the special
firearms event of the r
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equirements of this chapter, in
accordance with such regulations as the Secretary shall
prescribe;
``(G) not later than 5 days after the last day of
the special firearms event, submits to the Secretary a
copy of the ledger and notice described in subparagraph
(E); and
``(H) maintains a copy of the records described in
subparagraphs (C) through (E) at the permanent place of
business of the operator for such period of time and in
such form as the Secretary shall require by regulation.
``(3) Responsibilities of special firearms events
infrequent operators.--It shall be unlawful for a special
firearms event infrequent operator to organize, plan, promote,
or operate a special firearms event unless that person--
``(A) not later that 30 days before commencement of
the special firearms event, notifies the Secretary of
the date, time, duration, and location of the special
firearms event;
``(B) not later than 72 hours before commencement
of the special firearms event, submits to the Secretary
a list of all special firearms event vendors planning
to participate in the special firearms event and any
other information concerning such vendors as the
Secretary may require by regulation;
``(C) before 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;
``(D) before 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;
``(E) notifies each person who attends the special
firearms event of the requirements of this chapter, in
accordance with such regulations as the Secretary shall
prescribe;
``(F) not later than 5 days after the last day of
the special firearms event, submits to the Secretary a
copy of the ledger and notice described in subparagraph
(D); and
``(G) maintains a copy of the records described in
subparagraphs (B) through (D) at the permanent place of
business of the special firearms event promoter for
such period of time and in such form as the Secretary
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 would
violate State law.
``(3) Absence of recordkeeping requirements.--Nothing in
this section shall permit or authorize the Secretary 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 a day on
which State offices are open), or if the event is held in a
State that has been certified by the Attorney General under
section 104 of the Gun Show Loophole Closing Act of 2001, not
later than 24 hours (or 3 business days 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 time period set forth in paragraph
(2), 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 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) on a form specified by the Secretary; 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 oc
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curs; and
``(4) comply with all record keeping requirements under
this chapter.
``(d) Special Firearms Event License.--
``(1) In general.--The Secretary 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 his 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.--On approval of an application as
provided in this subsection and payment by the
applicant of a fee of $200 for 3 years, and upon
renewal of valid registration a fee of $90 for 3 years,
the Secretary shall issue to the applicant an instant
check registration, and advise the Attorney General of
that registration.
``(B) NICS.--A special firearms 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 gun show 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 with the date 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, 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:
``(7)(A)(i) Whoever knowingly violates section 931(a)(1) 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,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(ii) Whoever knowingly violates section 931(a)(2) shall be fined
under this title, imprisoned not more than 5 years, or both.
``(iii) Whoever knowingly violates section 931(a)(3) shall be fined
under this title, imprisoned not more than 2 years, or both.
``(B) Whoever knowingly violates section 931(b) 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,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(C) Whoever knowingly violates section 931(c) shall be fined
under this title, imprisoned not more than 5 years, or both.
``(D) In addition to any other penalties imposed under this
paragraph, the Secretary may, with respect to any person who violates
any provision of section 931--
``(i) if the person is registered pursuant to section
931(a), after notice and opportunity for a hearing, suspend for
not more than 6 months or revoke the registration of that
person under section 931(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(c) Conforming Amendment.--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) Clerical Amendment.--Chapter 44 of title 18, United States
Code, is amended in the chapter analysis by adding at the end the
following:
``931. Regulation of firearms transfers at special firearms events.''.
SEC. 104. OPTION FOR 24-HOUR BACKGROUND CHECKS AT SPECIAL FIREARMS
EVENTS FOR STATES WITH COMPUTERIZED DISQUALIFYING RECORDS
AND PROGRAMS TO IMPROVE STATE DATABASES.
(a) Option for 24-Hour Requirement.--
(1) 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.
(2) Certification.--The Attorney General shall certify a
State for 24-hour verification authority only upon a clear
showing by the State that 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).
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(3) Disqualifying information.--Such disqualifying
information shall include, at a minimum, the disqualifying
records for that State going back 30 years from the date of
application to the Attorney General for certification.
(4) 24-hour provision.--Upon certification by the Attorney
General, the 24-hour provision in section 931(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.
(5) Annual review.--The Attorney General shall annually
review and revoke for any State not in compliance the
certification required in the amendment made by paragraph (1).
(b) Priority.--The Attorney General shall give priority to
background check requests at special firearms events made pursuant to
section 931 of title 18, United States Code, as added by this Act.
(c) Study.--Not later than 180 days after the date of enactment of
this Act, the Attorney General shall identify and report to Congress
the reasons for delays in background checks at the Federal and State
levels and include recommendations for eliminating those delays.
(d) Grant Program.--
(1) In general.--The Attorney General is authorized to make
grants to States with the intent that these funds are used by
the counties, cities, and villages within that State to assist
in the computerization of the criminal conviction records and
other disqualifying records of that State and with other issues
facing States that want to apply for certification under
section 104(a) of this title.
(2) Authorization.--
(A) In general.--There are authorized to be
appropriated for fiscal years 2003 and 2004,
$70,000,000 for the improvement of the national instant
criminal background check system established pursuant
to section 103 of the Brady Handgun Violence Prevention
Act (18 U.S.C. 922 note), including improvements with
respect to the records specified in subparagraph (B) of
this paragraph, and especially records of domestic
violence incidents, including felony and misdemeanor
convictions for crimes of domestic violence and restraining orders with
respect to such incidents, and mental health records.
(B) Records included.--The records referred to in
subparagraph (A) of this paragraph are the records
described in paragraphs (1), (2), and (3) of section
509(b) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3759(b)).
SEC. 105. 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. 106. 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. 107. INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL BACKGROUND
CHECK REQUIREMENTS.
Section 924(a) of title 18, United States Code, is 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:
``(8) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
SEC. 108. RULE OF INTERPRETATION.
A provision of State law is not inconsistent with this title or an
amendment made by this title 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 title or an amendment made by
this title.
SEC. 109. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
180 days after the date of enactment of this Act.
TITLE II--GUN LAW ENFORCEMENT ACT OF 2001
SEC. 201. SHORT TITLE.
This title may be cited as the ``Gun Law Enforcement Act of 2001''.
SEC. 202. STATE AND LOCAL GUN CRIME PROSECUTORS.
(a) Purpose.--The purpose of this section is to--
(1) provide funding for State and local prosecutors to
focus on gun prosecutions in high gun crime areas; and
(2) double funding for such programs from fiscal year 2001
to 2002.
(b) Authorization.--There are authorized to be appropriated
$150,000,000 for fiscal year 2002 to the Attorney General to provide
grants to States and units of local government to support prosecutions
in high gun crime areas by State and local prosecutors.
SEC. 203. AUTHORIZATION OF FUNDING FOR ADDITIONAL FEDERAL FIREARMS
PROSECUTORS AND GUN ENFORCEMENT TEAMS.
(a) Purpose.--The Attorney General shall hire 114 additional
Federal prosecutors to assist in comprehensive firearm law enforcement
strategies.
(b) Authorization.--There are authorized to be appropriated
$20,000,000 for fiscal year 2002 to the Attorney General for the
purpose of hiring 114 additional Federal firearms prosecutors.
SEC. 204. FUNDING FOR ADDITIONAL ATF AGENTS.
There are authorized to be appropriated $18,000,000 for fiscal year
2002 to the Secretary of the Treasury for the purpose of funding the
hiring of an additional 200 agents for the Bureau of Alcohol, Tobacco,
and Firearms.
SEC. 205. GUN TRACING AND YOUTH CRIME GUN INTERDICTION.
There are authorized to be appropriated $20,000,000 for fiscal
years 2002 through 2005 to the Secretary of the Treasury for the
purpose of--
(1) funding additional resources for the Bureau of Alcohol,
Tobacco, and Firearms to trace guns involved in gun crimes; and
(2) expanding the Youth Crime Gun Interdiction Initiative
to 250 cities over the 4 years funding is authorized.
SEC. 206. SMART GUN TECHNOLOGY.
There are authorized to be appropriated $10,000,000 for fiscal year
2002 to the National Institute for Justice for the purpose of making
grants to research entities developing technologies that limit the use
of a gun to the owner.
SEC. 207. REPORT ON BRADY ENFORCEMENT.
Not later than February 1 of each year--
(1) the Attorney General shall report to Congress--
(A) the number of prosecutions resulting from
background checks conducted pursuant to the Brady
Handgun Violence Prevention Act;
(B) what barriers exist to prosecutions under that
Act;
(C) what steps could be taken to maximize
prosecutions;
(D) on the effectiveness of the National Instant
Check System i
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n identifying disqualified persons; and
(E) how effectively National Instant Check System
upgrade grants are being used by States, counties,
cities, and villages; and
(2) the Secretary of Treasury shall report to Congress--
(A) the number of investigations conducted pursuant
to the Brady Handgun Violence Prevention Act;
(B) the number of investigations initiated but not
pursued under that Act;
(C) the number of firearms retrieved as transferred
in contravention of that Act; and
(D) what barriers exist to investigations under
that Act.
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