|
111TH CONGRESS
(Document certified by Superintendent of Documents ) Signed by Superintendent of Documents Time: 2009.06.23 17:53:38 -04'00' Reason: GPO attests that this document has
not been altered since it was disseminated by GPO. Location: US GPO, Washington, DC 20401
1ST SESSION
S. 1317
To increase public safety by permitting the Attorney General to deny the
transfer of firearms or the issuance of firearms and explosives licenses
to known or suspected dangerous terrorists.
IN THE SENATE OF THE UNITED STATES
JUNE 22, 2009
Mr. LAUTENBERG introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
A BILL
To increase public safety by permitting the Attorney General
to deny the transfer of firearms or the issuance of firearms
and explosives licenses to known or suspected dangerous
terrorists.
1
Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3
SECTION 1. SHORT TITLE.
4
This Act may be cited as the ‘‘Denying Firearms and
5
Explosives to Dangerous Terrorists Act of 2009’’.
2
1
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHOR2
ITY TO DENY THE SALE, DELIVERY, OR
3
TRANSFER OF A FIREARM OR THE ISSUANCE
4
OF A FIREARMS OR EXPLOSIVES LICENSE OR
5
PERMIT TO DANGEROUS TERRORISTS.
6
(a) STANDARD FOR EXERCISING ATTORNEY GEN7
ERAL DISCRETION REGARDING TRANSFERRING FIRE8
ARMS OR ISSUING FIREARMS PERMITS TO DANGEROUS
9
TERRORISTS.—Chapter 44 of title 18, United States
10
Code, is amended—
11
(1) by inserting after section 922 the following:
12
‘‘§ 922A. Attorney General’s discretion to deny trans13
fer of a firearm
14
‘‘The Attorney General may deny the transfer of a
15
firearm under section 922(t)(1)(B)(ii) of this title if the
16
Attorney General—
17
‘‘(1) determines that the transferee is known
18
(or appropriately suspected) to be or have been en19
gaged in conduct constituting, in preparation for, in
20
aid of, or related to terrorism, or providing material
21
support or resources for terrorism; and
22
‘‘(2) has a reasonable belief that the prospective
23
transferee may use a firearm in connection with ter24
rorism.
•S 1317 IS
3
1
‘‘§ 922B. Attorney General’s discretion regarding ap2
plicants for firearm permits which would
3
qualify for the exemption provided under
4
section 922(t)(3)
‘‘The Attorney General may determine that—
6
‘‘(1) an applicant for a firearm permit which
7
would qualify for an exemption under section 922(t)
8
is known (or appropriately suspected) to be or have
9
been engaged in conduct constituting, in preparation
for, in aid of, or related to terrorism, or providing
11
material support or resources for terrorism; and
12
‘‘(2) the Attorney General has a reasonable be13
lief that the applicant may use a firearm in connec14
tion with terrorism.’’;
(2) in section 921(a), by adding at the end the
16
following:
17
‘‘(36) The term ‘terrorism’ includes inter18
national terrorism and domestic terrorism, as those
19
terms are defined in section 2331 of this title.
‘‘(37) The term ‘material support or resources’
21
has the same meaning as in section 2339A of this
22
title.
23
‘‘(38) The term ‘responsible person’ means an
24
individual who has the power, directly or indirectly,
to direct or cause the direction of the management
•S 1317 IS
4
1
and policies of the applicant or licensee pertaining to
2
firearms.’’; and
3
(3) in the table of sections, by inserting after
4
the item relating to section 922 the following:
‘‘922A. Attorney General’s discretion to deny transfer of a firearm.
‘‘922B. Attorney General’s discretion regarding applicants for firearm permits
which would qualify for the exemption provided under section
922(t)(3).’’.
5
(b) EFFECT OF ATTORNEY GENERAL DISCRE6
TIONARY DENIAL THROUGH THE NATIONAL INSTANT
7
CRIMINAL BACKGROUND CHECK SYSTEM (NICS) ON
8
FIREARMS PERMITS.—Section 922(t) of title 18, United
9
States Code, is amended—
10
(1) in paragraph (1)(B)(ii), by inserting ‘‘or
11
State law, or that the Attorney General has deter12
mined to deny the transfer of a firearm pursuant to
13
section 922A of this title’’ before the semicolon;
14
(2) in paragraph (2), in the matter preceding
15
subparagraph (A), by inserting ‘‘, or if the Attorney
16
General has not determined to deny the transfer of
17
a firearm pursuant to section 922A of this title’’
18
after ‘‘or State law’’;
19
(3) in paragraph (3)—
20
(A) in subparagraph (A)—
21
(i) in clause (i)—
22
(I) in subclause (I), by striking
23
‘‘and’’ at the end; and
•S 1317 IS
5
1
(II) by adding at the end the fol2
lowing:
3
‘‘(III) was issued after a check of the sys4
tem established pursuant to paragraph (1);’’;
5
(ii) in clause (ii), by inserting ‘‘and’’
6
after the semicolon; and
7
(iii) by adding at the end the fol8
lowing:
9
‘‘(iii) the State issuing the permit agrees to
10
deny the permit application if such other person is
11
the subject of a determination by the Attorney Gen12
eral pursuant to section 922B of this title;’’;
13
(4) in paragraph (4), by inserting ‘‘, or if the
14
Attorney General has not determined to deny the
15
transfer of a firearm pursuant to section 922A of
16
this title’’ after ‘‘or State law’’; and
17
(5) in paragraph (5), by inserting ‘‘, or if the
18
Attorney General has determined to deny the trans19
fer of a firearm pursuant to section 922A of this
20
title’’ after ‘‘or State law’’.
21
(c) UNLAWFUL SALE OR DISPOSITION OF FIREARM
22
BASED UPON ATTORNEY GENERAL DISCRETIONARY DE23
NIAL.—Section 922(d) of title 18, United States Code, is
24 amended—
•S 1317 IS
6
1
(1) in paragraph (8), by striking ‘‘or’’ at the
2
end;
3
(2) in paragraph (9), by striking the period at
4
the end and inserting ‘‘; or’’; and
5
(3) by adding at the end the following:
6
‘‘(10) has been the subject of a determination
7
by the Attorney General under section 922A, 922B,
8
923(d)(3), or 923(e) of this title.’’.
9
(d) ATTORNEY GENERAL DISCRETIONARY DENIAL
10
AS PROHIBITOR.—Section 922(g) of title 18, United
11
States Code, is amended—
12
(1) in paragraph (8), by striking ‘‘or’’ at the
13
end;
14
(2) in paragraph (9), by striking the comma at
15
the end and inserting ‘‘; or’’; and
16
(3) by inserting after paragraph (9) the fol17
lowing:
18
‘‘(10) who has received actual notice of the At19
torney General’s determination made under section
20
922A, 922B, 923(d)(3) or 923(e) of this title,’’.
21
(e) ATTORNEY GENERAL DISCRETIONARY DENIAL
22
OF FEDERAL FIREARMS LICENSES.—Section 923(d) of
23
title 18, United States Code, is amended—
•S 1317 IS
7
1
(1) in paragraph (1), in the matter preceding
2
subparagraph (A), by striking ‘‘Any’’ and inserting
3
‘‘Except as provided in paragraph (3), any’’; and
4
(2) by adding at the end the following:
5
‘‘(3) The Attorney General may deny a license appli6
cation if the Attorney General determines that the appli7
cant (including any responsible person) is known (or ap8
propriately suspected) to be or have been engaged in con9
duct constituting, in preparation for, in aid of, or related
10
to terrorism, or providing material support or resources
11
for terrorism, and the Attorney General has a reasonable
12
belief that the applicant may use a firearm in connection
13
with terrorism.’’.
14
(f) DISCRETIONARY REVOCATION OF FEDERAL FIRE15
ARMS LICENSES.—Section 923(e) of title 18, United
16
States Code, is amended—
17
(1) by inserting ‘‘(1)’’ after ‘‘(e)’’;
18
(2) by striking ‘‘revoke any license’’ and insert19
ing the following: ‘‘revoke—
20
‘‘(A) any license’’;
21
(3) by striking ‘‘. The Attorney General may,
22
after notice and opportunity for hearing, revoke the
23
license’’ and inserting the following: ‘‘;
24
‘‘(B) the license’’; and
•S 1317 IS
8
1
(4) by striking ‘‘. The Secretary’s action’’ and
2
inserting the following: ‘‘; or
3
‘‘(C) any license issued under this section if the
4
Attorney General determines that the holder of such
5
license (including any responsible person) is known
6
(or appropriately suspected) to be or have been en7
gaged in conduct constituting, in preparation for, in
8
aid of, or related to terrorism or providing material
9
support or resources for terrorism, and the Attorney
10
General has a reasonable belief that the applicant
11
may use a firearm in connection with terrorism.
12
‘‘(2) The Attorney General’s action’’.
13
(g) ATTORNEY GENERAL’S ABILITY TO WITHHOLD
14
INFORMATION IN FIREARMS LICENSE DENIAL AND REV15
OCATION SUIT.—
16
(1) IN GENERAL.—Section 923(f)(1) of title 18,
17
United States Code, is amended by inserting after
18
the first sentence the following: ‘‘However, if the de19
nial or revocation is pursuant to subsection (d)(3) or
20
(e)(1)(C), any information upon which the Attorney
21
General relied for this determination may be with22
held from the petitioner, if the Attorney General de23
termines that disclosure of the information would
24
likely compromise national security.’’.
•S 1317 IS
9
1
(2) SUMMARIES.—Section 923(f)(3) of title 18,
2
United States Code, is amended by inserting after
3
the third sentence the following: ‘‘With respect to
4
any information withheld from the aggrieved party
5
under paragraph (1), the United States may submit,
6
and the court may rely upon, summaries or redacted
7
versions of documents containing information the
8
disclosure of which the Attorney General has deter9
mined would likely compromise national security.’’.
10
(h) ATTORNEY GENERAL’S ABILITY TO WITHHOLD
11
INFORMATION IN RELIEF FROM DISABILITIES LAW12
SUITS.—Section 925(c) of title 18, United States Code,
13
is amended by inserting after the third sentence the fol14
lowing: ‘‘If the person is subject to a disability under sec15
tion 922(g)(10) of this title, any information which the
16
Attorney General relied on for this determination may be
17
withheld from the applicant if the Attorney General deter18
mines that disclosure of the information would likely com19
promise national security. In responding to the petition,
20
the United States may submit, and the court may rely
21
upon, summaries or redacted versions of documents con22
taining information the disclosure of which the Attorney
23
General has determined would likely compromise national
24
security.’’.
•S 1317 IS
10
1
(i) PENALTIES.—Section 924(k) of title 18, United
2
States Code, is amended—
3
(1) in paragraph (2), by striking ‘‘or’’ at the
4
end;
(2) in paragraph (3), by striking the comma at
6
the end and inserting ‘‘; or’’; and
7
(3) by inserting after paragraph (3) the fol8
lowing:
9
‘‘(4) constitutes an act of terrorism, or providing
material support or resources for terrorism,’’.
11
(j) REMEDY FOR ERRONEOUS DENIAL OF FIREARM
12
OR FIREARM PERMIT EXEMPTION.—
13
(1) IN GENERAL.—Section 925A of title 18,
14
United States Code, is amended—
(A) in the section heading, by striking
16
‘‘Remedy for erroneous denial of fire17
arm’’ and inserting ‘‘Remedies’’;
18
(B) by striking ‘‘Any person denied a fire19
arm pursuant to subsection (s) or (t) of section
922’’ and inserting the following:
21
‘‘(a) Except as provided in subsection (b), any person
22
denied a firearm pursuant to subsection (t) of section 922
23
or a firearm permit pursuant to a determination made
24
under section 922B’’; and
(C) by adding at the end the following:
•S 1317 IS
11
1
‘‘(b) In any case in which the Attorney General has
2
denied the transfer of a firearm to a prospective transferee
3
pursuant to section 922A of this title or has made a deter4
mination regarding a firearm permit applicant pursuant
to section 922B of this title, an action challenging the de6
termination may be brought against the United States.
7
The petition shall be filed not later than 60 days after
8
the petitioner has received actual notice of the Attorney
9
General’s determination under section 922A or 922B of
this title. The court shall sustain the Attorney General’s
11
determination upon a showing by the United States by a
12
preponderance of evidence that the Attorney General’s de13
termination satisfied the requirements of section 922A or
14
922B, as the case may be. To make this showing, the
United States may submit, and the court may rely upon,
16
summaries or redacted versions of documents containing
17
information the disclosure of which the Attorney General
18
has determined would likely compromise national security.
19
Upon request of the petitioner or the court’s own motion,
the court may review the full, undisclosed documents ex
21
parte and in camera. The court shall determine whether
22
the summaries or redacted versions, as the case may be,
23
are fair and accurate representations of the underlying
24
documents. The court shall not consider the full, undisclosed
documents in deciding whether the Attorney Gen
•S 1317 IS
12
1
eral’s determination satisfies the requirements of section
2
922A or 922B.’’.
3
(2) TECHNICAL AND CONFORMING AMEND4
MENT.—The table of sections for chapter 44 of title
18, United States Code, is amended by striking the
6
item relating to section 925A and inserting the fol7
lowing:
‘‘925A. Remedies.’’.
8
(k) PROVISION OF GROUNDS UNDERLYING INELIGI9
BILITY DETERMINATION BY THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.—Section 103
11
of the Brady Handgun Violence Prevention Act (18 U.S.C.
12
922 note) is amended—
13
(1) in subsection (f)—
14
(A) by inserting ‘‘or the Attorney General
has made a determination regarding an appli16
cant for a firearm permit pursuant to section
17
922B of title 18, United States Code,’’ after ‘‘is
18
ineligible to receive a firearm’’; and
19
(B) by inserting ‘‘except any information
for which the Attorney General has determined
21
that disclosure would likely compromise na22
tional security,’’ after ‘‘reasons to the indi23
vidual,’’; and
24
(2) in subsection (g)—
(A) the first sentence—
•S 1317 IS
13
1
(i) by inserting ‘‘or if the Attorney
2
General has made a determination pursu3
ant to section 922A or 922B of title 18,
4
United States Code,’’ after ‘‘or State
law,’’; and
6
(ii) by inserting ‘‘, except any infor7
mation for which the Attorney General has
8
determined that disclosure would likely
9
compromise national security’’ before the
period at the end; and
11
(B) by adding at the end the following:
12
‘‘Any petition for review of information with13
held by the Attorney General under this sub14
section shall be made in accordance with section
925A of title 18, United States Code.’’.
16
(l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES
17
BASED UPON ATTORNEY GENERAL DISCRETIONARY DE18
NIAL.—Section 842(d) of title 18, United States Code, is
19
amended—
(1) in paragraph (9), by striking the period and
21
inserting ‘‘; or’’; and
22
(2) by adding at the end the following:
23
‘‘(10) has received actual notice of the Attorney
24
General’s determination made pursuant to subsection
(j) or (d)(1)(B) of section 843 of this title.’’.
•S 1317 IS
14
1
(m) ATTORNEY GENERAL DISCRETIONARY DENIAL
2
AS PROHIBITOR.—Section 842(i) of title 18, United States
3
Code, is amended—
4
(1) in paragraph (7), by inserting ‘‘; or’’ at the
end; and
6
(2) by inserting after paragraph (7) the fol7
lowing:
8
‘‘(8) who has received actual notice of the At9
torney General’s determination made pursuant to
subsection (j) or (d)(1)(B) of section 843 of this
11
title,’’.
12
(n) ATTORNEY GENERAL DISCRETIONARY DENIAL
13
OF FEDERAL EXPLOSIVES LICENSES AND PERMITS.—
14
Section 843 of title 18, United States Code, is amended—
(1) in subsection (b), by striking ‘‘Upon’’ and
16
inserting ‘‘Except as provided in subsection (j),
17
upon’’; and
18
(2) by adding at the end the following:
19
‘‘(j) The Attorney General may deny the issuance of
a permit or license to an applicant if the Attorney General
21
determines that the applicant or a responsible person or
22
employee possessor thereof is known (or appropriately sus23
pected) to be or have been engaged in conduct consti24
tuting, in preparation of, in aid of, or related to terrorism,
or providing material support or resources for terrorism,
•S 1317 IS
15
1
and the Attorney General has a reasonable belief that the
2
person may use explosives in connection with terrorism.’’.
3
(o) ATTORNEY GENERAL DISCRETIONARY REVOCA4
TION OF FEDERAL EXPLOSIVES LICENSES AND PER5
MITS.—Section 843(d) of title 18, United States Code, is
6
amended—
7
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;
8
(2) by striking ‘‘if in the opinion’’ and inserting
9
the following: ‘‘if—
10
‘‘(A) in the opinion’’; and
11
(3) by striking ‘‘. The Secretary’s action’’ and
12
inserting the following: ‘‘; or
13
‘‘(B) the Attorney General determines that the
14
licensee or holder (or any responsible person or em15
ployee possessor thereof) is known (or appropriately
16
suspected) to be or have been engaged in conduct
17
constituting, in preparation for, in aid of, or related
18
to terrorism, or providing material support or re19
sources for terrorism, and that the Attorney General
20
has a reasonable belief that the person may use ex21
plosives in connection with terrorism.
22
‘‘(2) The Attorney General’s action’’.
23
(p) ATTORNEY GENERAL’S ABILITY TO WITHHOLD
24
INFORMATION IN EXPLOSIVES LICENSE AND PERMIT DE
•S 1317 IS
16
1
NIAL AND REVOCATION SUITS.—Section 843(e) of title
2
18, United States Code, is amended—
3
(1) in paragraph (1), by inserting after the first
4
sentence the following: ‘‘However, if the denial or
5
revocation is based upon an Attorney General deter6
mination under subsection (j) or (d)(1)(B), any in7
formation which the Attorney General relied on for
8
this determination may be withheld from the peti9
tioner if the Attorney General determines that dis10
closure of the information would likely compromise
11
national security.’’; and
12
(2) in paragraph (2), by adding at the end the
13
following: ‘‘In responding to any petition for review
14
of a denial or revocation based upon an Attorney
15
General determination under subsection (j) or
16
(d)(1)(B), the United States may submit, and the
17
court may rely upon, summaries or redacted versions
18
of documents containing information the disclosure
19
of which the Attorney General has determined would
20
likely compromise national security.’’.
21
(q) ABILITY TO WITHHOLD INFORMATION IN COM22
MUNICATIONS TO EMPLOYERS.—Section 843(h)(2) of title
23
18, United States Code, is amended—
•S 1317 IS
17
1
(1) in subparagraph (A), by inserting ‘‘or in
2
subsection (j) of this section (on grounds of ter3
rorism)’’ after ‘‘section 842(i)’’; and
4
(2) in subparagraph (B)—
(A) in the matter preceding clause (i), by
6
inserting ‘‘or in subsection (j) of this section,’’
7
after ‘‘section 842(i),’’; and
8
(B) in clause (ii), by inserting ‘‘, except
9
that any information that the Attorney General
relied on for a determination pursuant to sub11
section (j) may be withheld if the Attorney Gen12
eral concludes that disclosure of the information
13
would likely compromise national security’’
14
after ‘‘determination’’.
(r) CONFORMING AMENDMENT TO IMMIGRATION AND
16
NATIONALITY ACT.—Section 101(a)(43)(E)(ii) of the Im17
migration and Nationality Act (8 U.S.C.
18
1101(a)(43)(E)(ii)) is amended by striking ‘‘or (5)’’ and
19
inserting ‘‘(5), or (10)’’.
(s) GUIDELINES.—
21
(1) IN GENERAL.—The Attorney General shall
22
issue guidelines describing the circumstances under
23
which the Attorney General will exercise the author24
ity and make determinations under subsections
(d)(1)(B) and (j) of section 843 and sections 922A
•S 1317 IS
18
1
and 922B of title 18, United States Code, as amend2
ed by this Act.
3
(2) CONTENTS.—The guidelines issued under
4
paragraph (1) shall—
5
(A) provide accountability and a basis for
6
monitoring to ensure that the intended goals
7
for, and expected results of, the grant of au8
thority under subsections (d)(1)(B) and (j) of
9
section 843 and sections 922A and 922B of
10
title 18, United States Code, as amended by
11
this Act, are being achieved; and
12
(B) ensure that terrorist watch list records
13
are used in a manner that safeguards privacy
14
and civil liberties protections, in accordance
15
with requirements outlines in Homeland Secu16
rity Presidential Directive 11 (dated August 27,
17
2004).
Æ
•S 1317 IS |
Official Tea Party of Mississippi 662 404-1884
