THE GUN SHOW BILL CAN'T REALLY BE THAT BAD, CAN IT?
It's worse.
If you missed the original story click here:
GUN SHOW BILL IS NOT WHAT THEY SAY
by Alan Korwin, Author
Gun Laws of America
The attorney I worked with on "Gun Laws of America" (the unabridged
guide to federal law), Michael P. Anthony, made the following astounding
conclusion after studying the McCain-Lieberman gun show bill. I
rechecked the bill and found he's correct (as usual). Good going, Mike.
1. CAN THIS BILL SHUT DOWN GUN SHOWS ALTOGETHER?
Easily.
Here's the real hidden Catch 22. If a gun show operator allows even a
single unlicensed gun vendor to attend the show, the feds can lock up
the operator. They have a ton of extra money in this bill for
enforcement of such things.
If any person attending the show offers (not even sells, but offers) a
gun to anyone else at the show -- even a gun they don't have with them
-- they become, by definition, an unlicensed vendor, and everyone is
subject to arrest and imprisonment -- the seller, the buyer, AND the gun
show operator. You don't even need to have a prohibited possessor (a
criminal) involved. No operator is going to run a gun show exposed to
that kind of legal risk.
To protect against this, the only way a gun show operator can safely run
a show, is to pre-register everyone in attendance AS A VENDOR, not just
as an attendee. That means personal ID and centralized registration at
pretty much the level an FFL (licensed gun dealer) must endure.
The McCain-Lieberman gun show bill, advertised as a way to prevent a
criminal from avoiding a background check, is instead a sneak attack on
the very existence of gun shows as we know them.
[The citations: SEC. 102, 18 USC 921(a)(39) -- Anyone who is not an FFL
(a federally licensed gun dealer) and who "exhibits, sells, offers for
sale, transfers or exchanges 1 or more firearms" at a gun show is a
"special firearms event vendor"; A gun show operator is subject to two
years imprisonment (SEC. 103 (b)(7)(a)(1)(I)), unless the operator
"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" (Sec. 931(a)(1)(D)), and that
person must sign "a ledger with identifying information" (a)(2)(E)(i).
The ledger must go to the Secretary of the Treasury (see (a)(2)(G))
within five days of the close of the gun show.]
---------------------------------------------------------
I took lots of calls and emails after my original article
on the McCain-Lieberman gun show bill, like this one --
"You must have it wrong Alan.
I read the bill myself on thomas.loc.gov;
It's a pretty bad bill all right, but
I don't see half the things you're claiming."
I rechecked everything, and ran it by more experts.
It all stands, and here is clarification for everyone concerned.
2. ARE ALL VENDORS -- NOT JUST GUN VENDORS -- TO BE REGISTERED?
Yes.
The gun show operator must give 30-day notice directly to the Secretary
of the Treasury, of "the vendors planning to participate" (SEC. 103,
Sec. 931(a)(2)(B)). This is not limited, as in the next paragraph,
(a)(2)(C), where 72-hour notice applies only to "special firearms event
vendors planning to participate". (Gun dealers are called "special
firearms event vendors" under the bill.)
Subtle and deceptive distinctions like this are quite common in law, and
frequently serve to slip in controversial conditions. When found, bill
sponsors sometimes claim clerical error. When undetected, they pass
into law and are enforced as they read. Unless changed, this would
require a book seller like me to pre-register or be in violation and
subject to arrest (and jeopardize the operator too).
3. IS REGISTRATION OF ANYONE WHO ATTENDS PART OF THE BILL?
Yes.
McCain's and Lieberman's offices are denying it over the phone,
according to numerous people who have corresponded with me.
If a gun show operator cannot prove that "each person who attends" the
gun show has been notified of every requirement (see Sec. 931 (a)(2)(F))
in this 3,900-word bill, in accordance with regulations that are not
even know at this time, the operator can be arrested and imprisoned (for
5 years) and fined and have the license to operate suspended or revoked.
For operators to meet such a requirement (and run the show without those
legal exposures) they would need proof that each attendee was in fact
notified, which will basically amount to your signature in a book or on
a not-yet-designed form. This must be saved by the operator and the
federal authorities have unrestricted access.
A sign at a doorway, as some people have mistakenly interpreted this,
does not provide legal "constructive notice" and would provide an
inadequate defense. Because we've discovered and exposed this
"loophole," McCain and Lieberman may be forced to deny and eliminate
this particular goal.
This issue has confused many people. Certain red flags are left out of
bills to help them pass, and afterwards the public, law enforcement, and
even Congress finds out what they actually enacted. That's quite
common, especially at the federal level. The statute does not
explicitly say that information must be collected on attendees -- that
would be way too inflammatory and make passage difficult or impossible.
Instead, it says operators must notify each person who attends of every
requirement in this lengthy bill (see (a)(2)(F)), subject to fines and
long-term imprisonment of the operator for failure to do so, and that
the operator "submits to the Secretary a copy" of the notice (see
(a)(2)(G)) within five days. If the notice to all attendees is just
some special sign that the government says must be posted, submitting it
in five days would serve no purpose.
The legal challenges this forces on gun show operators are obvious.
Imagine this. The feds say you failed to notify Joe (a plant) who went
to your show, they have photos of Joe inside, and they seek to close
your show and arrest you, the operator (using the millions of new tax
dollars conveniently allocated for additional enforcement). Go ahead.
How do you prove they are wrong and that you notified Joe without his
signature and some proof that it's actually him? But I could be
mistaken. Maybe they'll just take your word for it, and no
documentation of any kind will be needed.
4. CAN THE FEDS CHANGE THE GUN SHOW RULES AFTER PASSAGE?
Yes.
Repeatedly throughout the bill are references to "in accordance with
regulations the Secretary shall prescribe" or similar. These regs are
not known and will not be known until after the passage of the law.
They will be drafted in secret and are not controllable by the public or
even by Congress, if the past is any gauge. For an appearance of
fairness, a "routine" bureaucratic review process will be conducted
before implementation.
Such unlimited grants of power to the Treasury Dept. are downright scary
-- you'd think McCain and Lieberman would know better -- since we have
seen huge abuses of this in the past. For example, federal authorities
record and keep NICS background check data under Brady "regulations," in
direct violation of the McClure-Volkmer Act and the Brady law itself,
and Congress has been unable or unwilling to stop them. My use of
adjectives in the original article may seem strong to some readers, but
personally, in the interests of remaining a voice of reason, I believe I
held back on what could be much stronger implications.
Because "any other information" is required under the unwritten
regulations, your guess is as good as mine as to what that might
include. Again, I tried to voice my concerns on this conservatively; if
you're one of those slope-headed paranoid kooks the media writes about
all the time, who thinks the federal government might get sneaky or
extreme, then gun serial numbers, social security numbers, gun types and
the name of your first born might be possibilities (I don't think so).
If the phrase "any other information" (or similar) was used one time it
would be a red flag. It is used in Sec. 931 (a)(2)(B), (a)(2)(C),
(a)(2)(E)(i), (a)(3)(B), (d)(1)(E), (d)(3), (d)(4) and elsewhere.
5. ARE THE GUN SHOW REGISTRATION RECORDS CENTRALIZED?
Yes.
All of the new licenses and reports must be filed with the Treasury
Dept. (the Bureau of Alcohol, Tobacco and Firearms). Some of the record
keeping starts out with the show operators ("notifies each person who
attends"), but the feds are granted unqualified access and it will be
centrally recorded afterwards ("submits to the Secretary a copy of the
ledger" or "notifies the Secretary of the date, time, duration, and
location of the special firearms event, the vendors planning to
participate" and similar requirements.
I suppose it might be more accurate to say that some of the registration
"handling" is distributed, though they all end up centralized (even the
attendee notice must be submitted to the federal government within five
days of the end of the show, at (a)(2)(G)). Show organizers keep their
own copies of some of it, under guidelines that are not yet known.
Depending on the regulations that have not been written, authorities
could easily require filing all papers that are not explicitly
centralized under the statute, or create new paperwork. Certainly,
nothing in this bill stops them or even pretends to protect the rights
of the innocent. And here we thought it was all about keeping guns out
of the hands of criminals.
6. IS THE GOVERNMENT PURSUING "BIOMETRIC" NATIONAL ID?
Yes.
The term "biometric" does not appear in the McCain-Lieberman Gun Show
Bill. You must read the cross-referenced statute for this term and
related requirements. That citation, 18 USC 1028, is made in (a)(2)(D),
for mandatory inclusion of the federal government national ID
requirements (only for the gun vendors at this time). While I agree
there may be value in making identification documents secure for some
purposes, the potential for abuse is gigantic.
In at least two previous and deliberately secretive attempts, federal
agents have tried to slip a national ID card requirement into law, were
discovered in the eleventh hour, and were stopped (and got their hands
slapped lightly). Perhaps you recall the first attempt, in a
transportation bill, by trying to force states to make their driver
licenses conform or withholding highway funds, and the second time,
under the guise of health insurance, with a medical ID card for every
American. There may be more, I wouldn't be surprised.
Congressman Henry Waxman's (D., Calif.) recently publicized national
"sting" that proved you could bypass gun laws by using phony ID at gun
shows really had nothing to do with guns or gun shows, in my opinion,
though that was the media spin. It's part of a concerted effort to
require airtight security ID for any citizen.
The fears of national ID mandates are relaxed by many Americans when
it's "only" gun owners they're after. The same way the Brady gun scare
got the quarter billion dollars in funding the FBI wanted for its
centralized national citizen checking computer (NICS, in Clarksburg,
WV), gun owners are, well, handy when pushing for a national ID card.
Eventually, it might seem, you won't be able to get an elevator to come
if your fingerprint on the button doesn't match the national file. Why
would an honest person be against that? The AAFIS national fingerprint
database is running full bore and includes, along with the criminals,
bus drivers, child care providers and so many others. Even DNA is being
federally databased, but there's no need to worry, since they're only
doing it to protect us and help fight crime and terrorism.
7. MY LIBERAL FRIENDS CAN'T BELIEVE ALL THIS, BUT IS THERE MORE?
Yes.
A -- There's one more point that no one raised, but it sure worries me.
The federal government introduces a batch of new terms here, and boy, is
that dangerous. Once they hand down a new legal definition, all sorts
of stuff starts coming down the pike because of it. If McCain-Lieberman
passes, how soon, and what do you think will be the next law dealing
with "special firearms event frequent operators," or "special firearms
event licensees" now that there are such things? Look what happened
after they shoehorned in the term assault rifle.
B -- Our representatives in Washington are debating McCain-Lieberman as
if it were a gun show loophole bill, though it's real effect is to
federalize gun shows, outlaw them without prior federal approval, create
a massive new bureaucracy, generate millions of new federal records
annually, license and register everyone in sight, and it makes crimes
out of all sorts of activity that creates no victims, hurts no one, and
is currently legal (private property sales from one innocent person to
another). Amazingly, direct criminal activity is unaffected by this
bill's proposals -- only legal gun sales and other legal actions would
be regulated and outlawed.
C -- I've also noticed that the mass media hasn't noticed. And that
every report they've made so far is grossly inaccurate, and they have
done nothing to make corrections. I've notified them of the errors of
course, but they've been unresponsive. I encourage you to notify them
too, any way you can, and be persistent.
D -- It also occurred to me that it makes zero sense to regulate private
gun sales at gun shows, if private gun sales everywhere else are
perfectly legal. But you know the drill on that. That's the next
"loophole" leftists will be gunning for. The mass media has kept eerily
quiet on this, but it's hard to imagine they don't recognize it. Why
upset the apple cart.
E -- You may also have concerns that the First Amendment right to
assemble, which gun shows represent for many people with similar
interests, would be severely hurt if McCain-Lieberman passed and gun
shows closed or were severely limited.
F -- The great and feared fire-breathing dragon, the much demonized and
powerful national gun lobby (often but misleadingly referred to solely
as the NRA), has been inexplicably mild on this subject, focusing
largely on minor matters, like the creation of differing definitions for
frequent and infrequent gun show operators, and a three-year-away
impossible-to-comply-with 24-hour checking standard. Someone ought to
let them know there are other fish frying.
There's probably more, but I need a rest.
Permission is granted to post this material to any place where your
friends and other readers can get the full story.
Sincerely,
Alan Korwin, Author
Gun Laws of America
Bloomfield Press, 4718 E. Cactus #440 • Phoenix, AZ 85032 • 602-996-4020 • alan@gunlaws.com • http://www.gunlaws.com • "We publish the gun laws."
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here's the whole damn thing (kindly notice how they can change provisions as they see fit):
S 890 IS
107th CONGRESS
1st Session
S. 890To 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 SENATE OF THE UNITED STATES
May 15, 2001
Mr. MCCAIN (for himself, Mr. LIEBERMAN, Mr. SCHUMER, Mr. DEWINE, and Mr. CARPER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILLTo 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 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 requirements 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 of 2 or more firearms on a single day to a person other than a licensee, 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 occurs; 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.
`(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
`(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) 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:
`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).
(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.
(1) IN GENERAL- The Attorney General is authorized to make grants to States 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- There are authorized to be appropriated such sums as are necessary for fiscal years 2002 through 2004 to carry out this subsection.
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. NATIONAL PROJECT EXILE.
(a) PURPOSE- The purpose of this section is to provide funding to replicate the success of the Project EXILE program.
(b) AUTHORIZATION- There are authorized to be appropriated $20,000,000 for fiscal year 2002 to the Attorney General to provide for additional Assistant United States Attorneys to establish not to exceed 100 Project EXILE programs with local United States Attorneys and local jurisdictions.
(c) MEDIA AWARENESS- From amounts authorized by subsection (b), the Attorney General may provide funds to participating local jurisdictions.
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; and
(C) what steps could be taken to maximize prosecutions; 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.
END