Summary: H.R.2122 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

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Failed of passage in House (06/18/1999)

Mandatory Gun Show Background Check Act - Amends the Federal criminal code to set forth provisions regarding the regulation of firearms transfers at gun shows. Defines "gun show" as an event sponsored to foster the collecting, competitive use, sporting use, or any other legal use of firearms, at which: (1) 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if one or more has been transported in, or otherwise affects, interstate or foreign commerce; and (2) there are not less than ten firearm vendors.

Requires a person who is not a licensed importer, manufacturer, or dealer, and who desires to be registered as an instant check registrant, to submit to the Secretary of the Treasury an application which contains: (1) a certification by the applicant of compliance with specified Federal firearms license requirements; and (2) the applicant's photograph and fingerprints. Requires the Secretary to: (1) approve an application which meets such requirements; (2) issue to the applicant (on approval of the application and payment of a $100 fee for three years, and upon renewal of valid registration a fee of $50 for three years) an instant check registration; and (3) advise the Attorney General of the same. Provides that an instant check registration shall entitle the registrant, for a three-year period, to contact the national instant criminal background check system for information about any individual desiring to obtain a firearm at a gun show from any transferor who has requested the registrant's assistance with respect to the transfer of the firearm.

Sets forth provisions regarding application approval or denial, records, and inadmissibility as evidence pertaining to the use or non-use by a transferor of the services of an instant check registrant.

Grants immunity from a civil liability action to a person who (consistent with code requirements) is: (1) an instant check registrant who assists in having a background check; (2) a licensee who acquires a firearm at a gun show from a nonlicensee, for transfer to another nonlicensee in attendance at the show, for the purpose of effectuating a sale, trade, or transfer between the two nonlicensees; and (3) a nonlicensee disposing of a firearm who utilizes the services of an instant check registrant or licensee. Prohibits a qualified civil liability action (defined as a civil action brought against a person granted such immunity for damages resulting from the criminal or unlawful misuse of the firearm by the transferee or a third party, with exceptions) from being brought in any Federal or State court.

Sets forth additional requirements regarding registration and recordkeeping, time and place of delivery of the firearm to the prospective transferee, penalties for violations of this title, inspection authority of the Secretary, and increased penalties for serious recordkeeping violations by licensees and for violations of criminal background check requirements.

(Sec. 3) Amends the Federal judicial code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm.

Amends the code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from: (1) performing any national instant criminal background check on any person through the system established under the Brady Handgun Violence Prevention Act if the system does not require and result in the immediate destruction of all information concerning any person determined not to be prohibited from receiving a firearm (except for the retention or transfer of information relating to any unique identification number provided by the national instant criminal background check system and the date on which that number is provided); and (2) continuing to operate the system unless the national instant check system index complies with specified Federal requirements and the agency responsible for the system and the system's compliance with Federal law does not invoke certain exceptions, except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. Grants persons aggrieved by a violation of this section to sue in U.S. district. Directs that any person who is successful with respect to such action receive actual and punitive damages and such other remedies as the court may deem appropriate, including a reasonable attorney's fee.

Child Handgun Safety - Safe Handgun Storage and Child Handgun Safety Act of 1999 - Amends the Brady Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun to anyone other than a licensed person unless the transferee is provided with a secure gun storage or safety device, with exceptions.

Entitles a person who has lawful possession and control of a handgun, who uses a secure gun storage or safety device, to immunity from a civil action brought against a person for damages resulting from the criminal or unlawful misuse of the handgun by a third party, where: (1) the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun; and (2) at the time access was gained by the person not so authorized, the handgun had been made inoperable by use of a secure gun storage or safety device.

Provides for civil penalties, and suspension or revocation of license, for violations of requirements of this title.

Modifies the definition of "secure gun storage or safety device" to include a device that is easily removable from a firearm and that, if removed, is designed to prevent the discharge of the firearm by any person who does not have access to the device.

Specifies that nothing in this title shall be construed to: (1) create a cause of action against any Federal firearms licensee or any other person for any civil liability; or (2) establish any standard of care.

Makes evidence regarding compliance or noncompliance with this title inadmissible as evidence in any proceeding, with specified exceptions.

Amends the Brady Act to make the prohibition on the transfer of a firearm to an unlicensed person unless the licensee making the transfer fulfills specified requirements (i.e., before completion of the transfer, the licensee contacts the national instant criminal background check system; the system provides the licensee with a unique identification number, or three business days have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate the Act; and the transferor has verified the transferee's identity by examining a valid identification document of the transferee containing a photograph of the transferee) inapplicable in connection with the redemption from a licensee of a firearm that, during the preceding 365 days, was delivered to the licensee as collateral for a loan.

Amends the Brady Act to: (1) prohibit the importation of large capacity ammunition feeding devices; and (2) expand the definition of such devices to include those manufactured on or before the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994.

Community Protection Act - Community Protection Act of 1999 - Amends the code to authorize qualified law enforcement officers carrying the official badge and photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer, notwithstanding State or local laws, to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce.

Specifies that this title shall not be construed to supersede or limit the laws of any State that: (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

Sets forth similar provisions authorizing qualified retired law enforcement officers to carry concealed firearms notwithstanding State or local laws.

Prohibits holding a person criminally responsible for the possession of a handgun, or ammunition appropriate to the handgun, if it is established that: (1) the person is a law-abiding individual not under age 18, is the sole owner of the handgun, and is in compliance with all applicable Federal and State registration laws and regulations with respect to the handgun; and (2) the possession occurred in the District of Columbia in the person's place of residence, or, if the handgun is unloaded, while the person was traveling to or from a place of residence of the person solely for the purpose of transporting the handgun in connection with an otherwise lawful transaction or activity relating to the handgun.

Amends the Brady Act to: (1) prohibit firearms possession by persons who have been adjudicated to have committed an act of violent juvenile delinquency; and (2) expand the scope of, and increase penalties for, certain juvenile weapons violations (such as transferring a semiautomatic assault weapon or a large capacity ammunition feeding device to a juvenile).

Prohibits an individual who is not licensed to sell, transfer, or exchange a firearm that is accessible to the person at a gun show, who makes an offer to do so, from subsequently transferring the firearm to another person without meeting specified requirements, where such other person accepts (currently, indicates a willingness to accept) the offer. Reduces from 72 to 24 hours the time required to have elapsed since the registrant contacted the national instant criminal background check system.

Amends the Brady Act to: (1) make an exception to the prohibition against the transfer of a firearm to a person not residing (or a business entity not maintaining a piece of business) in the State in which the transferor resides, with respect to firearms transfers and business away from their business premises with another licensee, without regard to whether the business is conducted in the State specified on the license of either licensee; and (2) increase penalties for using a large capacity ammunition feeding device during a crime of violence or a drug trafficking crime.