2 Democratic Senators Aim to Close Gun Show Loophole

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Winchester 73

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They don't get anymore evil than this:Frank Lautenberg(NJ)and Jack Reed(RI)

Two Democrats seek to widen the scope of background checks. A similar measure failed in Virginia.
By Ben DuBose, Los Angeles Times Staff Writer
February 1, 2008
WASHINGTON -- Gun-control advocates have been largely stymied in their efforts to get significant new firearms restrictions, but they still believe they can achieve one goal: closing a loophole that allows sales at gun shows without background checks on purchasers.

This week, two Senate Democrats introduced legislation to close that loophole in federal law, despite a recent failure in Virginia -- where a gunman killed 32 students and teachers at Virginia Tech in April -- to change a similar state law.

Accompanied by family members of some of the Virginia Tech victims, along with gun-control advocate Paul Helmke of the Brady Campaign to Prevent Gun Violence, Democratic Sens. Frank R. Lautenberg of New Jersey and Jack Reed of Rhode Island unveiled their proposal at a news conference Wednesday.

"It defies common sense that a loophole in federal law lets unlicensed dealers sell firearms at gun shows without running a background check on the buyer," Lautenberg said. "Our legislation would require background checks for every gun purchased at every gun show across America. Without this change in the law, felons, fugitives and severely mentally ill people will continue to be able to buy guns -- no questions asked."

Under current law, only federally licensed gun dealers, such as those at sporting-goods retailers or gun shops, are required to conduct background checks. That doesn't cover informal situations, such as gun shows at an outdoor venue or in a facility rented for the weekend.

The senators pointed to the 1999 killings at Columbine High School outside Denver as an example. Three of the four weapons used at Columbine were purchased at gun shows, and the young woman who bought them for the two shooters -- because she was 18 and they were 17 -- has said she would not have done so had a background check been required.

Weeks after the Columbine shooting, Lautenberg introduced a proposal to close the gun-show loophole in federal law. It passed the Senate on Vice President Al Gore's tiebreaking vote, but did not survive the House.

This time Lautenberg and Reed are using the Virginia Tech shootings to build their case, though gunman Seung-hui Cho bought his guns from a licensed dealer and underwent a background check.

Mentally ill individuals are not permitted to buy firearms from licensed dealers; Cho had been ruled a danger to himself in a 2005 court commitment hearing, but Virginia never forwarded that finding to the national screening database.

Early last month, President Bush signed legislation to expand the federal database by requiring states to provide such information. Gun-control advocates, however, argue that ensuring the names are in the federal database means little, since someone on that list can still purchase firearms at a gun show without a background check.

Only 15 states, including California, require background checks for sales at gun shows. That's why federal law needs to be changed, according to Lautenberg and Reed.

"This legislation does not aim to prohibit people who are eligible to purchase a firearm," Reed said. "This legislation aims to stop firearm purchases by prohibited gun buyers such as convicted felons, fugitives, those found mentally incompetent and juveniles, like those at Columbine High School.

"What we're about, starting today, is avoiding another situation where someone who is ineligible to buy a weapon does so at a gun show."

Between Columbine and Virginia Tech, the gun-show issue largely faded from the legislative agenda.

Republicansfrequently referred to efforts to close the loophole as an infringement of a 2nd Amendment right to privately sell guns. Many Democrats blamed Gore's struggles in rural states in the 2000 presidential election on his support for gun control, and have backed away from gun issues for fear of a political backlash.

"It's simply a drive to make it impossible to have guns without being regulated by the government," said Larry Pratt, executive director of Gun Owners of America. "From what the government itself has found, shows are seldom a place where guns get into the hands of criminals. Gun shows are a freedom, and they're trying to take away another freedom."

It's a particularly difficult issue in Virginia, one of the nation's most politically mixed states.

And even with the Virginia Tech shootings fresh in state legislators' minds, such a measure wasn't successful there: On Jan. 18, in a 13-9 party-line vote, the Republican majority on the House of Delegates' Militia, Police and Public Safety Committee buried two bills that would have required sellers at gun shows to check buyers' criminal histories.

Del. David W. Marsden, a Democrat who crafted one of the two House bills, used as an example a vendor at a gun show -- "essentially, someone like you or me that can go sell Grandpa's shotgun" -- and said Republicans and Democrats would approach that sale from different positions.

"They see that issue as a private transaction, like giving it to a cousin in your home," he said.

"But we no longer see it as a private sale in the circumstance of a gun show, because it's a public facility. Whether they rented a hall, rented a field or whatever, it's a public facility."

Despite support from Gov. Tim Kaine, a Democrat, and Virginia Tech victims' families, a similar bill failed even in the Democratic-controlled state Senate -- meaning the issue is effectively off the table for 2008.

"All we're trying to do is make sure the existing state law is applied to a gun show," said Marsden, who represents suburban Fairfax County, near the nation's capital. "But the problem in Virginia is that rural and Republican Party interests are still predominant."

http://www.latimes.com/news/nationworld/nation/la-na-gunshow1feb01,0,3396793.story
 
The bill is Senate bill S.2577, and its text can be viewed here:

http://thomas.loc.gov/cgi-bin/query/z?c110:S.2577:

And the text itself:

Gun Show Background Check Act of 2008 (Introduced in Senate)

S 2577 IS


110th CONGRESS

2d Session

S. 2577
To establish background check procedures for gun shows.


IN THE SENATE OF THE UNITED STATES

January 30, 2008
Mr. LAUTENBERG (for himself, Mr. REED, Mr. MENENDEZ, Mrs. FEINSTEIN, Mr. KENNEDY, Mr. KERRY, Mr. SCHUMER, Mr. WHITEHOUSE, Mr. INOUYE, Mr. LEVIN, and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


--------------------------------------------------------------------------------


A BILL
To establish background check procedures for gun shows.


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 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.



Jake in TX
 
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Accompanied by family members of some of the Virginia Tech victims, along with gun-control advocate Paul Helmke of the Brady Campaign to Prevent Gun Violence, Democratic Sens. Frank R. Lautenberg of New Jersey and Jack Reed of Rhode Island unveiled their proposal at a news conference Wednesday.

Surely there must be at least a few leftist extremists capable of thinking up the occasional new tactic!
 
I don't see how they can even mention Cho in this article....Weren't his guns bought from a legal dealer who did a background check? It's not the gun show loophole that allowed him to buy a gun, but the failure of the court to properly transfer his documents to the right database. I like how they try and mention Cho as if closing the "gun show loophole" would have affected that outcome in anyway. Blatant misuse of information to lead people to believe something that isn't true. Kind of like mentioning Iraq and 9/11 in the same sentence, after a while people will start to think they actually had something to do with each other :D
 
Wow how misleading.

I wish I could say I was amazed that they outright lead the reader to believe the most henious crime they can think of was due to not having the law they favor.
This however is all too common.
The difference is this has to do with firearms so you know it is incorrect. The same thing is done with many topics.
Some people recognize the lies who are more informed about that particular topic, but the average person buys right into it.



My fingers are crossed that this election doesn't throw the whole 2nd Amendment into peril.
Well while everyone is focused on the presidential race, many republican congressman/senators are also in jeopardy. Some are retiring, and others without good prospects.
If the dems get the two thirds majority they don't even have to hear any discussion from opposition. They can also overide any presidential veto (even if they didn't have the white house.)
Simply controlling as they do now means nothing they don't agree with can get through.

The dems, often favorable to anti gun legislation, and the source of most of it, already control the house and the senate. If they get the presidency too, any legislation they come up with can go right on through without many stops.
Even if they don't get the presidency, if they get just a few more in the house and the senate they won't need the president's approval for anything.
That also means even if a pro gun president magicly ended up in the white house, they couldn't pass any legislation in support of gun owners if they wanted to. At least until the next election for senators and congressmen.
 
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