On January 3, 2013, Congresswoman McCarthy introduced H.R. 141, also known as the Gun Show Loophole Closing Act of 2013. Each year, approximately 5,200 gun shows are held in the United States. In which thousands of people attend the shows, including Federal Firearms Dealers (FFL) and unlicensed firearms dealers (private sale). McCarthy argues that gun shows are, as she states, "...convenient, centralized locations" in which felons and people prohibited from purchasing firearms can obtain firearms without a criminal background check and without records allowing tracing. McCarthy's proposed bill, HR 141, would require criminal background checks for all gun transactions taking place at gun shows and would also include private sales and transactions between two non-citizens. FFL. McCarthy states that Congress is the constitutional authority under Article 1, Section 8, Clause 3; which states: "Congress shall have power...to regulate commerce with foreign nations, among the several States, and with Indian tribes..." Although Congress has the enumerated powers, under the Constitution, to pass legislation concerning the sale and/or transaction of a firearm from an FFL; whether or not Congress has the authority to regulate the transaction and/or sale of a firearm between two non-FFLs is debatable. Section 2: Subsection C of H.R. 141 states: "The background check required before the transfer of a firearm between an unlicensed person...shall be unlawful...to transfer possession of...title to a firearm …at a gun show…to another person who is not also authorized…” In order to understand and explore the constitutionality of HR 141, one must first examine the decisions of the S…. .. middle of paper ......irearm.In conclusion, Congress has been given broad authority to use the Commerce Clause to enact laws in areas that may overlap with traditional state jurisdiction. Thus making, on the basis of the Commerce Clause, HR 141 constitutional. The Supreme Court's rulings regarding firearms and the Commerce Clause gave Congress constitutional authority to regulate the possession, receipt, transfer, and manufacture of firearms. Although the powers granted to Congress are not unlimited, the Supreme Court in United States v. Lopez ruled that Congress can regulate activities, through use of the Commerce Clause. Thanks to the Supreme Court's interpretations, Congress has the authority under the Commerce Clause to pass legislation that would require a background check for a transaction between citizens at a gun show..