Gun Show Loophole Closing Act of 2009
Encyclopedia
The Gun Show Loophole Closing Act of 2009 and Gun Show Background Check Act of 2009 are pending pieces of legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

 in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 111th Congress intended to change record keeping and background check
Background check
A background check or background investigation is the process of looking up and compiling criminal records, commercial records and financial records of an individual....

 requirements for sales of firearms at gun shows
Gun show
A gun show is a temporary exhibition or gathering in the United States where firearms, firearm accessories, ammunition, literature, knives, jerky, militaria, and miscellaneous collectibles are displayed, bought, sold, traded, and discussed. Gun shows also often include exhibitions related to...

.

Legislative History

The Senate bill, , was introduced by Sen. Frank Lautenberg
Frank Lautenberg
Frank Raleigh Lautenberg is the senior United States Senator from New Jersey and a member of the Democratic Party. Previously, he was the Chairman and Chief Executive Officer of Automatic Data Processing, Inc.-Early life, career, and family:...

 [D-NJ] on April 21, 2009 to establish background check procedures for gun shows. The House bill, ' onMouseout='HidePop("53569")' href="/topics/Republican_Main_Street_Partnership">Republican Main Street Partnership
Republican Main Street Partnership
The Republican Main Street Partnership is a group of moderate members of the United States Republican Party. They tend away from the dominant social conservatism of many Republicans and towards a moderate fiscal conservatism and limited government to a degree. The group is the rough equivalent of...

 member Rep. Mark Kirk
Mark Kirk
Mark Steven Kirk is the junior United States Senator from Illinois and a member of the Republican Party. Previously, Kirk was a member of the United States House of Representatives, representing Illinois's 10th congressional district....

 [R-IL], as well as, Rep. Peter T. King
Peter T. King
Peter T. "Pete" King is the U.S. Representative for , serving since 1993. He is a member of the Republican Party. King's central Long Island district includes parts of Nassau and Suffolk counties....

 [R-NY]. The Senate bill had 17 cosponsors as of April 15, 2010, all Democrats.

The Senate bill has been referred to the Senate Judiciary Committee and the House bill was referred to the House Judiciary Committee, who referred it to the Subcommittee on Crime, Terrorism, and Homeland Security on June 12, 2009.

Provisions

House Bill Provisions
Gun Show Loophole Closing Act of 2009 - 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.


Senate Bill Provisions
Gun Show Background Check Act of 2009 - 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 10 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.

Reception

The legislation is supported by the Brady Campaign To Prevent Gun Violence
Brady Campaign
The Brady Campaign to Prevent Gun Violence and the Brady Center to Prevent Gun Violence are affiliated non-profit organizations in the United States. They are named after James Brady who was permanently disabled as a result of an assassination attempt on U.S. President Ronald Reagan in 1981...

, who encourages its members and supporters to contact their US Senators and Representatives urging them to cosponsor the legislation.

This legislation is strongly opposed by gun owner's rights groups, such as the National Rifle Association's Institute for Legislative Action (NRA-ILA). The NRA-ILA's web site decried the intent of the legislation: "Masquerading as reform, H.R. 2324 would impose severe bureaucratic restrictions aimed at shutting down gun shows."

Legislative Summary

Congress Short title Bill number(s) Date introduced Sponsor(s) # of cosponsors Latest status
111th Congress Gun Show Loophole Closing Act of 2009 & Gun Show Background Check Act of 2009 May 7, 2009 Rep. Mike Castle (R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

-DE
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...

)
113 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security 6/12/2009.
April 21, 2009 Sen. Frank Lautenberg
Frank Lautenberg
Frank Raleigh Lautenberg is the senior United States Senator from New Jersey and a member of the Democratic Party. Previously, he was the Chairman and Chief Executive Officer of Automatic Data Processing, Inc.-Early life, career, and family:...

 (D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

-NJ
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

)
17 Referred to Senate Committee on the Judiciary 4/21/2009.
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