Details

• Sponsor - Castle
• Proposed - July 28, 2005
• Congressional Record Link - HR3540
• Amends - None.
• Amendments - None.
• Vote - None yet.
• Results - No change in law.

Status

September 19, 2005 - Referred to the House Subcommittee on Crime, Terrorism, and Homeland Security.

Synopsis

HR3540 actually has two functions. Besides regulating firearm transactions at gun shows, it also pushes states to modify the interfaces between their courts systems and their NICS systems.

It defines a 'special firearms event' and places responsibilities onto the 'SPECIAL FIREARMS EVENT OPERATORS', although that term is not specifically defined. In essence, a new FFL would be defined whereby a gun show promoter would be issued a license to run shows and be responsible for running NICS checks for transactions between non-licensees. Record keeping requirements would be the same as other FFLs. It allows up to 3 days for a NICS reply.

It imposes velocity checking and reporting on the operator to track the transfer 'at one time or during any 5 consecutive business days, of 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person'.

In addition, the US Attorney General is charged with issuing permits for individual 'events'.

Finally, penalties are increased for record keeping violations by licensees.

Analysis

The gut of the bill imposes NICS checks on non-FFL to non-FFL transfers by imposing overhead on gun show promoters. The impact on the promoter's business may be substantial given the ongoing record keeping requirements and the ability of the BATFE to inspect records, as an FFL holder.

Long term, the gun show promotion business may become financially unviable.

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