text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Gun Show Background Check Act of 
  2008''.
  
  SEC. 2. GUN SHOW BACKGROUND CHECK.
  
      (a) Findings.--Congress finds that--
              (1) approximately 5,200 traditional gun shows are held 
          annually across the United States, attracting thousands of 
          attendees per show and hundreds of Federal firearms licensees 
          and nonlicensed firearms sellers;
              (2) traditional gun shows, as well as flea markets and 
          other organized events, at which a large number of firearms are 
          offered for sale by Federal firearms licensees and nonlicensed 
          firearms sellers, form a significant part of the national 
          firearms market;
              (3) firearms and ammunition that are exhibited or offered 
          for sale or exchange at gun shows, flea markets, and other 
          organized events move easily in and substantially affect 
          interstate commerce;
              (4) in fact, even before a firearm is exhibited or offered 
          for sale or exchange at a gun show, flea market, or other 
          organized event, the gun, its component parts, ammunition, and 
          the raw materials from which it is manufactured have moved in 
          interstate commerce;
              (5) gun shows, flea markets, 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 anonymously, often 
          without background checks and without records that enable gun 
          tracing;
              (6) at gun shows, flea markets, and other organized events 
          at which guns are exhibited or offered for sale or exchange, 
          criminals and other prohibited persons obtain guns without 
          background checks and frequently use guns that cannot be traced 
          to later commit crimes;
              (7) since the enactment of the Brady Handgun Violence 
          Prevention Act (Public Law 103-159; 107 Stat. 1536) in 1993, 
          nearly 70,000,000 background checks have been performed by 
          Federal firearms licensees, denying guns to 1,360,000 illegal 
          buyers;
              (8) many persons who buy and sell firearms at gun shows, 
          flea markets, and other organized events cross State lines to 
          attend these events and engage in the interstate transportation 
          of firearms obtained at these events;
              (9) gun violence is a pervasive, national problem that is 
          exacerbated by the availability of guns at gun shows, flea 
          markets, and other organized events;
              (10) firearms associated with gun shows have been 
          transferred illegally to residents of another State by Federal 
          firearms licensees and nonlicensed firearms sellers, and have 
          been involved in subsequent crimes including drug offenses, 
          crimes of violence, property crimes, and illegal possession of 
          firearms by felons and other prohibited persons; and
              (11) Congress has the power, under the interstate commerce 
          clause and other provisions of the Constitution of the United 
          States, to ensure, by enactment of this Act, that criminals and 
          other prohibited persons do not obtain firearms at gun shows, 
          flea markets, and other organized events.
      (b) Definitions.--Section 921(a) of title 18, United States Code, 
  is amended by adding at the end the following:
              ``(36) Gun show.--The term `gun show' means any event--
                      ``(A) at which 50 or more firearms are offered or 
                  exhibited for sale, transfer, or exchange, if 1 or more 
                  of the firearms has been shipped or transported in, or 
                  otherwise affects, interstate or foreign commerce; and
                      ``(B) at which--
                              ``(i) not fewer than 20 percent of the 
                          exhibitors are firearm exhibitors;
                              ``(ii) there are not fewer than 10 firearm 
                          exhibitors; or
                              ``(iii) 50 or more firearms are offered for 
                          sale, transfer, or exchange.
              ``(37) Gun show promoter.--The term `gun show promoter' 
          means any person who organizes, plans, promotes, or operates a 
          gun show.
              ``(38) Gun show vendor.--The term `gun show vendor' means 
          any person who exhibits, sells, offers for sale, transfers, or 
          exchanges 1 or more firearms at a gun show, regardless of 
          whether or not the person arranges with the gun show promoter 
          for a fixed location from which to exhibit, sell, offer for 
          sale, transfer, or exchange 1 or more firearms.''.
      (c) Regulation of Firearms Transfers at Gun Shows.--
              (1) In general.--Chapter 44 of title 18, United States 
          Code, is amended by adding at the end the following:
  ``Sec. 932. Regulation of firearms transfers at gun shows
      ``(a) Registration of Gun Show Promoters.--It shall be unlawful for 
  any person to organize, plan, promote, or operate a gun show unless 
  that person--
              ``(1) registers with the Attorney General in accordance 
          with regulations promulgated by the Attorney General; and
              ``(2) pays a registration fee, in an amount determined by 
          the Attorney General.
      ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful 
  for any person to organize, plan, promote, or operate a gun show unless 
  that person--
              ``(1) before commencement of the gun show, verifies the 
          identity of each gun show vendor participating in the gun show 
          by examining a valid identification document (as defined in 
          section 1028(d)(3)) of the vendor containing a photograph of 
          the vendor;
              ``(2) before commencement of the gun show, requires each 
          gun show vendor to sign--
                      ``(A) a ledger with identifying information 
                  concerning the vendor; and
                      ``(B) a notice advising the vendor of the 
                  obligations of the vendor under this chapter;
              ``(3) notifies each person who attends the gun show of the 
          requirements of this chapter, in accordance with such 
          regulations as the Attorney General shall prescribe; and
              ``(4) maintains a copy of the records described in 
          paragraphs (1) and (2) at the permanent place of business of 
          the gun show promoter for such period of time and in such form 
          as the Attorney General shall require by regulation.
      ``(c) Responsibilities of Transferors Other Than Licensees.--
              ``(1) In general.--If any part of a firearm transaction 
          takes place at a gun show, 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, or licensed dealer in accordance with 
          subsection (e).
              ``(2) Criminal background checks.--A person who is subject 
          to the requirement of paragraph (1)--
                      ``(A) shall not transfer the firearm to the 
                  transferee until the licensed importer, licensed 
                  manufacturer, or licensed dealer through which the 
                  transfer is made under subsection (e) makes the 
                  notification described in subsection (e)(3)(A); and
                      ``(B) notwithstanding subparagraph (A), shall not 
                  transfer the firearm to the transferee if the licensed 
                  importer, licensed manufacturer, or licensed dealer 
                  through which the transfer is made under subsection (e) 
                  makes the notification described in subsection 
                  (e)(3)(B).
              ``(3) Absence of recordkeeping requirements.--Nothing in 
          this section shall permit or authorize the Attorney General to 
          impose recordkeeping requirements on any nonlicensed vendor.
      ``(d) Responsibilities of Transferees Other Than Licensees.--
              ``(1) In general.--If any part of a firearm transaction 
          takes place at a gun show, 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 chapter, 
          unless the firearm is transferred through a licensed importer, 
          licensed manufacturer, or licensed dealer in accordance with 
          subsection (e).
              ``(2) Criminal background checks.--A person who is subject 
          to the requirement of paragraph (1)--
                      ``(A) shall not receive the firearm from the 
                  transferor until the licensed importer, licensed 
                  manufacturer, or licensed dealer through which the 
                  transfer is made under subsection (e) makes the 
                  notification described in subsection (e)(3)(A); and
                      ``(B) notwithstanding subparagraph (A), shall not 
                  receive the firearm from the transferor if the licensed 
                  importer, licensed manufacturer, or licensed dealer 
                  through which the transfer is made under subsection (e) 
                  makes the notification described in subsection 
                  (e)(3)(B).
      ``(e) Responsibilities of Licensees.--A licensed importer, licensed 
  manufacturer, 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 (c) or (d) with respect to the transfer of 
  a firearm shall--
              ``(1) enter such information about the firearm as the 
          Attorney General may require by regulation into a separate 
          bound record;
              ``(2) record the transfer on a form specified by the 
          Attorney General;
              ``(3) 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), and notify the nonlicensed transferor and the 
          nonlicensed transferee--
                      ``(A) of such compliance; and
                      ``(B) if the transfer is subject to the 
                  requirements of section 922(t)(1), 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;
              ``(4) not later than 10 days after the date on which the 
          transfer occurs, submit to the Attorney General a report of the 
          transfer, which report--
                      ``(A) shall be on a form specified by the Attorney 
                  General by regulation; and
                      ``(B) shall not include the name of or other 
                  identifying information relating to any person involved 
                  in the transfer who is not licensed under this chapter;
              ``(5) if the licensed importer, licensed manufacturer, or 
          licensed dealer assists a person other than a licensee in 
          transferring, 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) prepared on a form specified by the Attorney 
                  General; and
                      ``(B) not later than the close of business on the 
                  date on which the 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
              ``(6) retain a record of the transfer as part of the 
          permanent business records of the licensed importer, licensed 
          manufacturer, or licensed dealer.
      ``(f) Records of Licensee Transfers.--If any part of a firearm 
  transaction takes place at a gun show, each licensed importer, licensed 
  manufacturer, and licensed dealer who transfers 1 or more firearms to a 
  person who is not licensed under this chapter shall, not later than 10 
  days after the date on which the transfer occurs, submit to the 
  Attorney General a report of the transfer, which report--
              ``(1) shall be in a form specified by the Attorney General 
          by regulation;
              ``(2) shall not include the name of or other identifying 
          information relating to the transferee; and
              ``(3) shall not duplicate information provided in any 
          report required under subsection (e)(4).
      ``(g) Firearm Transaction Defined.--In this section, the term 
  `firearm transaction'--
              ``(1) includes the offer for sale, sale, transfer, or 
          exchange of a firearm; and
              ``(2) does not include the mere exhibition of a firearm.''.
              (2) Penalties.--Section 924(a) of title 18, United States 
          Code, is amended by adding at the end the following:
              ``(8)(A) Whoever knowingly violates section 932(a) shall be 
          fined under this title, imprisoned not more than 5 years, or 
          both.
              ``(B) Whoever knowingly violates subsection (b) or (c) of 
          section 932, 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, fined under this title, imprisoned not more 
                  than 5 years, or both.
              ``(C) Whoever willfully violates section 932(d), 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, fined under this title, imprisoned not more 
                  than 5 years, or both.
              ``(D) Whoever knowingly violates subsection (e) or (f) of 
          section 932 shall be fined under this title, imprisoned not 
          more than 5 years, or both.
              ``(E) In addition to any other penalties imposed under this 
          paragraph, the Attorney General may, with respect to any person 
          who knowingly violates any provision of section 932--
                      ``(i) if the person is registered pursuant to 
                  section 932(a), after notice and opportunity for a 
                  hearing, suspend for not more than 6 months or revoke 
                  the registration of that person under section 932(a); 
                  and
                      ``(ii) impose a civil fine in an amount equal to 
                  not more than $10,000.''.
              (3) Technical and conforming amendments.--Chapter 44 of 
          title 18, United States Code, is amended--
                      (A) in the chapter analysis, by adding at the end 
                  the following:
  
  ``Sec. 932. Regulation of firearms transfers at gun shows.'';
          and
                      (B) in the first sentence of section 923(j), by 
                  striking ``a gun show or event'' and inserting ``an 
                  event''.
      (d) Inspection Authority.--Section 923(g)(1) is amended by adding 
  at the end the following:
                      ``(E) Notwithstanding subparagraph (B), 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 923 and 932 
                  and the inventory of licensees conducting business at 
                  the gun show. Such entry and examination shall be 
                  conducted for the purposes 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 warrant.''.
      (e) 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, 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 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.''.
      (f) Increased Penalties for Violations of Criminal Background Check 
  Requirements.--
              (1) Penalties.--Section 924(a) of title 18, United States 
          Code, is amended--
                      (A) in paragraph (5), by striking ``subsection (s) 
                  or (t) of section 922'' and inserting ``section 
                  922(s)''; and
                      (B) by adding at the end the following:
              ``(9) Whoever knowingly violates section 922(t) shall be 
          fined under this title, imprisoned not more than 5 years, or 
          both.''.
              (2) Elimination of certain elements of offense.--Section 
          922(t)(5) of title 18, United States Code, is amended by 
          striking ``and, at the time'' and all that follows through 
          ``State law''.
      (g) Effective Date.--This Act and the amendments made by this 
  section shall take effect 180 days after the date of enactment of this 
  Act.
target: Gun Show Background Check Act of 2008 - Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors.Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within ten days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations.Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act.Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements.
feat_title: A bill to establish background check procedures for gun shows.