H.R. 141 would regulate private firearm sales at gun shows, requiring
operators to be registered and gun buyers to undergo a background check.
According to the bill, gun
show operators must:
- Be
21 years or older.
- Not
be prohibited from possessing a firearm under the Gun Control Act of 1968.
- Register
with the Attorney General.
- Notify
the Attorney General at least 30 days in advance of the date, time, duration and
location of a gun show, and the identity of all vendors.
- Verify
the identity of each gun show vendor by photo ID.
- Require
each gun show vendor to sign a ledger containing his identifying
information and a notice of the requirements under this bill.
Note: the first, second and
fourth requirements are absent from the corresponding bill in the Senate, the Gun
Show Background Check Act.
The bill would also require all firearm transfers at gun
shows to involve a licensed dealer, who must:
- Record
the transfer.
- Run
a background check on the buyer.
- Report
the details of the firearm to the Attorney General within 10 days.
Under
the 1994 Brady
Handgun Violence Prevention Act, sales made at gun shows by unlicensed
private individuals are exempt from background checks. In 1999, the Senate narrowly passed a bill that would have mandated checks for all sales
at gun shows. The bill failed in the House
and never became law.
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jan 3, 2013.
Gun Show Loophole Closing Act of 2013 - Amends the federal criminal code to make it unlawful for any person to operate a gun show unless such person: (1) has attained 21 years of age; (2) is not prohibited from transporting, shipping, or receiving firearms and has not violated any federal firearms requirements; (3) has registered with the Attorney General as a gun show operator and has provided a photograph and fingerprints; (4) has not concealed material information nor made false statements in connection with a gun show operator registration; and (5) notifies the Attorney General of the date, time, and duration of a gun show not later than 30 days before the commencement of such show and verifies the identity of each vendor at the gun show.
Imposes recordkeeping requirements on gun show operators and criminal penalties for failure to register as a gun show operator and maintain required records.
Grants the Attorney General authority to enter the business premises of any gun show operator, without a showing of reasonable cause or a warrant, to examine records and inventory to determine compliance with this Act.
Increases criminal penalties for serious recordkeeping violations and violations of criminal background check requirements.
Authorizes the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to hire additional investigators to carry out inspections of gun shows.
