Motion to reconsider laid on the table Agreed to without objection.
Congressional Research Service
Official summary
Version 00 · Introduced in House · Jun 10, 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.
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2122.
DEBATE - The Committee proceeded with 30 minutes of debate on the amendment in the nature of a substitute.
On motion to strike the enacting clause Failed by voice vote.
Mr. Obey moved to strike the enacting clause.
ORDER OF BUSINESS - The Chair announced that proceedings will resume on the amendments postponed earlier in the following order: The amendment offered by Mr. Sessions, the amendment offered by Mr. Goode, the amendment offered by Mr. Hunter, and the amendment offered by Mr. Rogan.
POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment offered by Mr. Rogan by voice vote and announced that the ayes had prevailed. Mr. Rogan demanded a recorded vote and pursuant to H. Res. 209, further proceedings on the amendment were postponed.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 20 minutes of debate on the amendment.
POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment offered by Mr. Hunter by voice vote and announced that the ayes had prevailed. Ms. Lofgren demanded a recorded vote and pursuant to H. Res. 209, further proceedings on the amendment were postponed.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 10 minutes of debate on the amendment.
POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment offered by Mr. Goode by voice vote and announced that the ayes had prevailed. Ms. Lofgren demanded a recorded vote and pursuant to H. Res. 209, further proceedings on the amendment were postponed.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 10 minutes of debate on the amendment.
POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment offered by Mr. Sessions by voice vote and announced that the ayes had prevailed. Ms. Lofgren demanded a recorded vote and pursuant to H. Res. 209, further proceedings on the amendment were postponed.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 10 minutes of debate on the amendment.
ORDER OF BUSINESS - The Chair announced that proceedings will resume on the amendments postponed earlier in the following order: The amendment offered by Mr. Davis of Virginia, the amendment offered by Mr. Cunningham, and the amendment offered by Mr. McCollum.
POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment offered by Mr. Cunningham by voice vote and announced that the ayes had prevailed. Mr. Cunningham demanded a recorded vote and pursuant to H. Res. 209, further proceedings on the amendment were postponed.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 20 minutes of debate on the amendment.
POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment offered by Mr. Davis of Virginia by voice vote and announced that the ayes had prevailed. Mr. Davis demanded a recorded vote and pursuant to H. Res. 209, further proceedings on the amendment were postponed.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 30 minutes of debate on the amendment.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H4619-4657)
Committee of the Whole House on the state of the Union rises leaving H.R. 2122 as unfinished business.
POSTPONED PROCEEDINGS - the Chair put the question on agreeing to the amendment offered by Mr. McCollum by voice vote and announced that the ayes had prevailed. Ms. Lofgren objected to the vote and pursuant to H. Res. 209, further proceedings on the amendment were postponed.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 30 minutes of debate on the amendment.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 30 minutes of debate on the amendment.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 30 minutes of debate on the amendment.
DEBATE - Pursuant to H. Res. 209, the Committee proceeded with 40 minutes of debate on the amendment.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2122.
The Speaker designated the Honorable Mac Thornberry to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 209 and Rule XXIII.
Rule provides for consideration of H.R. 1501 and H.R. 2122 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order. No amendment to H.R. 1501 shall be in order except those amendments printed in part A of H.Rept. 106-186. No amendment to H.R. 2122 shall be in order except those amendments printed in part B of H. Rept. 106-186. In the engrossment of H.R. 1501, the Clerk shall (1) await the disposition of H.R. 2122 (2) add the text of H.R. 2122, as passed by the House, as new matter at the end of H.R. 1501.
Considered under the provisions of rule H. Res. 209. (consideration: CR H4364-4469)
Rule H. Res. 209 passed House.
Rules Committee Resolution H. Res. 209 Reported to House. Rule provides for consideration of H.R. 1501 and H.R. 2122 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Specified amendments are in order. No amendment to H.R. 1501 shall be in order except those amendments printed in part A of H.Rept. 106-186. No amendment to H.R. 2122 shall be in order except those amendments printed in part B of H. Rept. 106-186. In the engrossment of H.R. 1501, the Clerk shall (1) await the disposition of H.R. 2122 (2) add the text of H.R. 2122, as passed by the House, as new matter at the end of H.R. 1501.
Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
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