Legislation Will Give Attorney General Sweeping Powers Over Firearms ( S.1317)

Thomas.gov ^

[Man50D]

111th CONGRESS

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS TERRORISTS.

(a) Standard for Exercising Attorney General Discretion Regarding Transferring Firearms or Issuing Firearms Permits to Dangerous Terrorists- Chapter 44 of title 18, United States Code, is amended--

(1) by inserting after section 922 the following:

`Sec. 922A. Attorney General's discretion to deny transfer of a firearm

`The Attorney General may deny the transfer of a firearm under section 922(t)(1)(B)(ii) of this title if the Attorney General--

`(1) determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism; and

`(2) has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.

`Sec. 922B. Attorney General's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)

`The Attorney General may determine that--

`(1) an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism; and

`(2) the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.';

(2) in section 921(a), by adding at the end the following:

`(36) The term `terrorism' includes international terrorism and domestic terrorism, as those terms are defined in section 2331 of this title.

`(37) The term `material support or resources' has the same meaning as in section 2339A of this title.

`(38) The term `responsible person' means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.'; and

(3) in the table of sections, by inserting after 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).'.

(b) Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System (NICS) on Firearms Permits- Section 922(t) of title 18, United States Code, is amended--

(1) in paragraph (1)(B)(ii), by inserting `or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A of this title' before the semicolon;

(2) in paragraph (2), in the matter preceding subparagraph (A), by inserting `, or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A of this title' after `or State law';

(3) in paragraph (3)--

(A) in subparagraph (A)--

(i) in clause (i)--

(I) in subclause (I), by striking `and' at the end; and

(II) by adding at the end the following:

`(III) was issued after a check of the system established pursuant to paragraph (1);';

(ii) in clause (ii), by inserting `and' after the semicolon; and

(iii) by adding at the end the following:

`(iii) the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B of this title;';

(4) in paragraph (4), by inserting `, or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A of this title' after `or State law'; and

(5) in paragraph (5), by inserting `, or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A of this title' after `or State law'.

(c) Unlawful Sale or Disposition of Firearm Based Upon Attorney General Discretionary Denial- Section 922(d) of title 18, United States Code, is amended--

(1) in paragraph (8), by striking `or' at the end;

(2) in paragraph (9), by striking the period at the end and inserting `; or'; and

(3) by adding at the end the following:

`(10) has been the subject of a determination by the Attorney General under section 922A, 922B, 923(d)(3), or 923(e) of this title.'.

(d) Attorney General Discretionary Denial as Prohibitor- Section 922(g) of title 18, United States Code, is amended--

(1) in paragraph (8), by striking `or' at the end;

(2) in paragraph (9), by striking the comma at the end and inserting `; or'; and

(3) by inserting after paragraph (9) the following:

`(10) who has received actual notice of the Attorney General's determination made under section 922A, 922B, 923(d)(3) or 923(e) of this title,'.

(e) Attorney General Discretionary Denial of Federal Firearms Licenses- Section 923(d) of title 18, United States Code, is amended--

(1) in paragraph (1), in the matter preceding subparagraph (A), by striking `Any' and inserting `Except as provided in paragraph (3), any'; and

(2) by adding at the end the following:

`(3) The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'.

(f) Discretionary Revocation of Federal Firearms Licenses- Section 923(e) of title 18, United States Code, is amended--

(1) by inserting `(1)' after `(e)';

(2) by striking `revoke any license' and inserting the following: `revoke--

`(A) any license';

(3) by striking `. The Attorney General may, after notice and opportunity for hearing, revoke the license' and inserting the following: `;

`(B) the license'; and

(4) by striking `. The Secretary's action' and inserting the following: `; or

`(C) any license issued under this section if the Attorney General determines that the holder of such license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.

`(2) The Attorney General's action'.

(g) Attorney General's Ability To Withhold Information in Firearms License Denial and Revocation Suit-

(1) IN GENERAL- Section 923(f)(1) of title 18, United States Code, is amended by inserting after the first sentence the following: `However, if the denial or revocation is pursuant to subsection (d)(3) or (e)(1)(C), any information upon which the Attorney General relied for this determination may be withheld from the petitioner, if the Attorney General determines that disclosure of the information would likely compromise national security.'.

(2) SUMMARIES- Section 923(f)(3) of title 18, United States Code, is amended by inserting after the third sentence the following: `With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.

(h) Attorney General's Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925(c) of title 18, United States Code, is amended by inserting after the third sentence the following: `If the person is subject to a disability under section 922(g)(10) of this title, any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.

(i) Penalties- Section 924(k) of title 18, United States Code, is amended--

(1) in paragraph (2), by striking `or' at the end;

(2) in paragraph (3), by striking the comma at the end and inserting `; or'; and

(3) by inserting after paragraph (3) the following:

`(4) constitutes an act of terrorism, or providing material support or resources for terrorism,'.

(j) Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption-

(1) IN GENERAL- Section 925A of title 18, United States Code, is amended--

(A) in the section heading, by striking `Remedy for erroneous denial of firearm' and inserting `Remedies';

(B) by striking `Any person denied a firearm pursuant to subsection (s) or (t) of section 922' and inserting the following:

`(a) Except as provided in subsection (b), any person denied a firearm pursuant to subsection (t) of section 922 or a firearm permit pursuant to a determination made under section 922B'; and

(C) by adding at the end the following:

`(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A of this title or has made a determination regarding a firearm permit applicant pursuant to section 922B of this title, an action challenging the determination may be brought against the United States. The petition shall be filed not later than 60 days after the petitioner has received actual notice of the Attorney General's determination under section 922A or 922B of this title. The court shall sustain the Attorney General's determination upon a showing by the United States by a preponderance of evidence that the Attorney General's determination satisfied the requirements of section 922A or 922B, as the case may be. To make this showing, the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. Upon request of the petitioner or the court's own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General's determination satisfies the requirements of section 922A or 922B.'.

(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 925A and inserting the following:

`925A. Remedies.'.

(k) Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System- Section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended--

(1) in subsection (f)--

(A) by inserting `or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code,' after `is ineligible to receive a firearm'; and

(B) by inserting `except any information for which the Attorney General has determined that disclosure would likely compromise national security,' after `reasons to the individual,'; and

(2) in subsection (g)--

(A) the first sentence--

(i) by inserting `or if the Attorney General has made a determination pursuant to section 922A or 922B of title 18, United States Code,' after `or State law,'; and

(ii) by inserting `, except any information for which the Attorney General has determined that disclosure would likely compromise national security' before the period at the end; and

(B) by adding at the end the following: `Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code.'.

(l) Unlawful Distribution of Explosives Based Upon Attorney General Discretionary Denial- Section 842(d) of title 18, United States Code, is amended--

(1) in paragraph (9), by striking the period and inserting `; or'; and

(2) by adding at the end the following:

`(10) has received actual notice of the Attorney General's determination made pursuant to subsection (j) or (d)(1)(B) of section 843 of this title.'.

(m) Attorney General Discretionary Denial as Prohibitor- Section 842(i) of title 18, United States Code, is amended--

(1) in paragraph (7), by inserting `; or' at the end; and

(2) by inserting after paragraph (7) the following:

`(8) who has received actual notice of the Attorney General's determination made pursuant to subsection (j) or (d)(1)(B) of section 843 of this title,'.

(n) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- Section 843 of title 18, United States Code, is amended--

(1) in subsection (b), by striking `Upon' and inserting `Except as provided in subsection (j), upon'; and

(2) by adding at the end the following:

`(j) The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'.

(o) Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits- Section 843(d) of title 18, United States Code, is amended--

(1) by inserting `(1)' after `(d)';

(2) by striking `if in the opinion' and inserting the following: `if--

`(A) in the opinion'; and

(3) by striking `. The Secretary's action' and inserting the following: `; or

`(B) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.

`(2) The Attorney General's action'.

(p) Attorney General's Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits- Section 843(e) of title 18, United States Code, is amended--

(1) in paragraph (1), by inserting after the first sentence the following: `However, if the denial or revocation is based upon an Attorney General determination under subsection (j) or (d)(1)(B), any information which the Attorney General relied on for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security.'; and

(2) in paragraph (2), by adding at the end the following: `In responding to any petition for review of a denial or revocation based upon an Attorney General determination under subsection (j) or (d)(1)(B), the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.

(q) Ability To Withhold Information in Communications to Employers- Section 843(h)(2) of title 18, United States Code, is amended--

(1) in subparagraph (A), by inserting `or in subsection (j) of this section (on grounds of terrorism)' after `section 842(i)'; and

(2) in subparagraph (B)--

(A) in the matter preceding clause (i), by inserting `or in subsection (j) of this section,' after `section 842(i),'; and

(B) in clause (ii), by inserting `, except that any information that the Attorney General relied on for a determination pursuant to subsection (j) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security' after `determination'.

(r) Conforming Amendment to Immigration and Nationality Act- Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by striking `or (5)' and inserting `(5), or (10)'.

(s) Guidelines-

(1) IN GENERAL- The Attorney General shall issue guidelines describing the circumstances under which the Attorney General will exercise the authority and make determinations under subsections (d)(1)(B) and (j) of section 843 and sections 922A and 922B of title 18, United States Code, as amended by this Act.

(2) CONTENTS- The guidelines issued under paragraph (1) shall--

(A) provide accountability and a basis for monitoring to ensure that the intended goals for, and expected results of, the grant of authority under subsections (d)(1)(B) and (j) of section 843 and sections 922A and 922B of title 18, United States Code, as amended by this Act, are being achieved; and

(B) ensure that terrorist watch list records are used in a manner that safeguards privacy and civil liberties protections, in accordance with requirements outlines in Homeland Security Presidential Directive 11 (dated August 27, 2004).

[Man50D]

This bill will give Holder absolute discretion as to whom he considers a terrorist and deny that person a firearm based on his subjective and no doubt very political definition. It will in effect subvert the 2nd Amendment.

I provided the full text as the link may time out. Go to www.thomas.gov and enter the bill number in the Search Bill Summary & Status window should the page time out.

[mad_as_he$$]

He already has absolute discretion as to who is a terrorist.

[Shaun_MD]

My grandfather always said another Civil War was coming. I’m glad he isn’t around to see it coming to pass.

[Vaquero]

even the dhimmicrats from flyover country who voted for healthcare WONT vote for this.

Just my opinion and you know what opinions are like.

it would behoove us however, to contact our scum in congress and make sure they know how we feel...

[djf]

Kinda assumes all the terrorists are standing in line at the local Guns-R-US agency waiting for a license, eh?

My observation would be that the only sheeple who put up with that crap anymore are ordinary Americans.

[Yorktownpatriot]

If Lautenberg has his name as sponsor or cosponsor than I’m totally against it!
I don’t even need to read his anit-gun tripe!

[unixfox]

even the dhimmicrats from flyover country who voted for healthcare WONT vote for this.

Sure they will. Just depends on how big the bribe is.

[SERE_DOC]

it would behoove us however, to contact our scum in congress and make sure they know how we feel...

By the passing of the HCR, you are not under the delusion that they have any intention of listening to anything that we contact them about.

[TLI]

or suspected dangerous

Suspected? Yea, right.

There is only going to be one thing that will stop this ongoing communist assult and it ain't phone calls emails and letters.

These bass-turds have gotta be out of government.

[Vaquero]

By the passing of the HCR, you are not under the delusion that they have any intention of listening to anything that we contact them about

“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.” Thomas Jefferson

then Lock and Load....

[maddog55]

I always check with the NRA on any issues like this:

Update from them: Friday, December 04, 2009

Is your name the same as, or similar to, that of someone on the FBI’s “terrorist watchlist?” Or, have you been erroneously placed on the watchlist? You can’t find out because the FBI won’t say exactly why people get watchlisted, won’t say who has been watchlisted, and therefore doesn’t offer watchlisted people the chance to clear their names immediately. In fact, small children, federal air marshals, military personnel who have fought terrorists overseas, the late Sen. Edward Kennedy, members of Congress, and many other good Americans have even been stopped from boarding commercial aircraft for this reason. The government has reported that there were 700,000 names in the watchlist as of April 2007, and the ACLU estimates that the number has since risen to 1.3 million.

Obviously, these people are not all terrorists. However, politicians who hate the Second Amendment know that some of the good Americans who are erroneously on the list, or who get incorrectly flagged by the list, are gun owners. And, because the FBI won’t reveal its watchlisting criteria, those politicians think that more gun owners can be placed on the list over time, by like-minded bureaucrats making arbitrary determinations about who ought to have guns.

One such politician is Michael Bloomberg, whose hobbies include being mayor of New York City and raising intellectually deficient complaints about gun laws. Never one to concern himself with the facts when there is a chance to get his name in the paper, Bloomberg recently claimed that the recent murders on Ft. Hood would have been prevented if the FBI hadn’t been required to erase NICS-approved gun purchase records after 24 hours.

Mischaracterizing events related to the Ft. Hood murders for political reasons shows disrespect to the lives that were lost there and is crass to the extreme. That said, the reason that the FBI didn’t know about the Ft. Hood suspect’s gun purchase is not that his NICS record was erased after 24 hours. Rather, it’s that he wasn’t on the watchlist in the first place, as NICS checks the list and alerts the FBI if a listed person tries to buy a gun.

Another such politician is Sen. Frank Lautenberg (D-N.J.), author of legislation Bloomberg supports (S. 1317, H.R. 2159 in the House), which would allow the Attorney General to stop watchlisted people from buying guns through NICS. It would also prevent those people from contesting their rejections in a full and open hearing in court. Obviously, that scheme would violate not only the Second Amendment, but also the Fourteenth Amendment’s protection against deprivation of liberty without due process of law.

This week Lautenberg introduced a separate bill (S. 2820), calling for NICS firearm transaction records to be retained for 10 years on a person suspected of being a member of a terrorist organization. That, however, is a smokescreen for another provision in the same bill, to retain NICS records of approved firearm transfers for 180 days for other gun buyers.

While Lautenberg introduced S. 2820 in the wake of Ft. Hood (with terrorism fresh on Americans’ minds), gun control supporters have wanted NICS records retained for longer than 24 hours since NICS’ inception. Sen. Charles Schumer (D-N.Y.), a co-sponsor of the Lautenberg bill, argued in favor of a 180-day retention back in 2001. After all, the Brady Act, as passed by Congress, required that NICS “destroy” the records of approved firearm purchases.

Along with the Lautenberg bills described above, gun control supporters are concurrently campaigning for a law to force all private gun sales to be run through NICS. Connecting the dots is a simple task. The goal shared by gun control supporters and by government entities for whom no amount of knowledge about American citizens is too much, is to incrementally increase the amount of information the government possesses on gun owners who, through no fault of their own, end up on a secret government list.

Please call your U.S. Senators and urge them to oppose S. 1317 and S. 2820. You can call your U.S. Senators at (202) 224-3121.

[Dead Corpse]

Hanging is too good for them. Clap ‘em in irons and send them to Iran.

[TPOOH]

The marxist revolution continues.

[broken_arrow1]

DHS Office of Intelligence and Analysis ASSESSMENT UNCLASSIFIED//FOR OFFICIAL USE ONLY Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment — 7 April 2009.

[Le Chien Rouge]

Once Again,with feeling:

‘The government can have my firearm when they can pry it from my cold, dead hands!!!’

[Zman]

Don’t worry; no mention of those involved in “man-made disasters”.........

[driftdiver]

So a terrorist planning to kill dozens or perhaps hundred, maybe even thousands of people will be stopped because its illegal for him to have a gun?

These Congress sleezeballs are a danger to themselves let alone the United States of America.

[MrB]

Why not?

We probably could have used him on our side! :)

[PilotDave]

The biggest attack ever on America was conducted by islamic persons using box cutters.

Freedom has never been won by sending off a sternly worded email.

[equalitybeforethelaw]

Will this restriction be applied to airplanes? Funny, now that a nutjob muzzie blows away US soldiers on a Army post, the NJ Dem sees a need to restrict firearms. How about a bill restricting muzzies to muzzie lands? Dumb sh*T