Library / Laws / 113th / hr / H.R. 21 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 21
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mr. Moran introduced
the following bill; which was referred to the
Committee on the
Judiciary
A BILL
To provide for greater safety in the use of
firearms.
1.
Short title
This Act may be cited as the
NRA Members’ Gun Safety Act of
2013.
I
Requiring a
background check for every firearm sale
101.
Purpose
The purpose of this title is to extend the
Brady Law background check procedures to all sales and transfers of
firearms.
102.
Firearms
transfers
(a)
In
general
Chapter 44 of title 18, United States Code, is amended by
adding at the end the following:
932.
Background
checks for firearm transfers by unlicensed persons
(a)
Definitions
In
this section—
(1) the term
unlicensed transferee means a person who—
(A) is not licensed
under this chapter; and
(B) desires to receive
a firearm from an unlicensed transferor; and
(2) the term
unlicensed transferor means a person who—
(A) is not licensed
under this chapter; and
(B) desires to
transfer a firearm to an unlicensed transferee.
(b)
Responsibilities
of transferors other than licensees
(1)
In
general
It shall be unlawful for an unlicensed transferor to
transfer a firearm to an unlicensed transferee, unless the firearm is
transferred—
(A)
(i) through a licensed
dealer under subsection (d);
(ii) through a law enforcement agency
under subsection (e);
(iii) after inspecting a permit that
confirms a background check under subsection (f); or
(iv) in accordance with an exception
described in subsection (g); and
(B) in accordance with
paragraph (2).
(2)
Criminal
background checks
Except as provided in subsection (g), an
unlicensed transferor—
(A) subject to
subparagraph (B), may not transfer a firearm to an unlicensed transferee
until—
(i) the licensed
dealer through which the transfer is made under subsection (d) makes a
notification described in subsection (d)(3)(A);
(ii) the law
enforcement agency through which the transfer is made under subsection (e)
makes a notification described in subsection (e)(4)(A); or
(iii) the unlicensed
transferee has presented a permit that confirms that a background check has
been conducted, as described in subsection (f); and
(B) may not transfer a
firearm to an unlicensed transferee if—
(i) the licensed
dealer through which the transfer is made under subsection (d) makes the
notification described in subsection (d)(3)(B); or
(ii) the law
enforcement agency through which the transfer is made under subsection (e)
makes the notification described in subsection (e)(3)(B).
(3)
Absence of
recordkeeping requirements
Nothing in this section shall permit
or authorize the Attorney General to impose recordkeeping requirements on any
unlicensed transferor.
(c)
Responsibilities
of transferees other than licensees
(1)
In
general
It shall be unlawful for an unlicensed transferee to
receive a firearm from an unlicensed transferor, unless the firearm is
transferred—
(A)
(i) through a licensed
dealer under subsection (d);
(ii) through a law enforcement agency
under subsection (e);
(iii) after inspecting a permit that
confirms a background check in accordance with subsection (f); or
(iv) in accordance with an exception
described in subsection (g); and
(B) in accordance with
paragraph (2).
(2)
Criminal
background checks
Except as provided in subsection (g), an
unlicensed transferee—
(A) subject to
subparagraph (B), may not receive a firearm from an unlicensed transferor
until—
(i) the licensed
dealer through which the transfer is made under subsection (d) makes a
notification described in subsection (d)(3)(A);
(ii) the law
enforcement agency through which the transfer is made under subsection (e)
makes a notification described in subsection (e)(4)(A); or
(iii) the unlicensed
transferee has presented a permit that confirms that a background check
described in subsection (f) has been conducted; and
(B) may not receive a
firearm from another unlicensed transferor if—
(i) the licensed
dealer through which the transfer is made under subsection (d) makes a
notification described in subsection (d)(3)(B); or
(ii) the law
enforcement agency through which the transfer is made under subsection (e)
makes a notification described in subsection (e)(4)(B).
(d)
Background
checks through licensed dealers
A licensed dealer who agrees to
assist in the transfer of a firearm between unlicensed transferor and an
unlicensed transferee shall—
(1) enter such
information about the firearm as the Attorney General may require by regulation
into a separate bound record;
(2) record the
transfer on a form specified by the Attorney General;
(3) comply with
section 922(t) as if transferring the firearm from the inventory of the
licensed dealer to the unlicensed transferee (except that a licensed dealer
assisting in the transfer of a firearm under this subsection shall not be
required to comply again with the requirements of section 922(t) in delivering
the firearm to the unlicensed transferee) and notify the unlicensed transferor
and unlicensed transferee—
(A) of such
compliance; and
(B) if the transfer is
subject to the requirements of section 922(t)(1), of any receipt by the
licensed dealer of a notification from the national instant criminal background
check system that the transfer would violate section 922 or State law;
(4) not later than 31
days after the date on which the transfer occurs, submit to the Attorney
General a report of the transfer, which—
(A) shall be on a form
specified by the Attorney General by regulation; and
(B) shall not include
the name of or other identifying information relating to the unlicensed
transferor or unlicensed transferee;
(5) if the licensed
dealer assists an unlicensed transferor in transferring, at the same time or
during any 5 consecutive business days, two or more pistols or revolvers, or
any combination of pistols and revolvers totaling two or more, to the same
unlicensed transferee, in addition to the reports required under paragraph (4),
prepare a report of the multiple transfers, which shall—
(A) be prepared on a
form specified by the Attorney General; and
(B) not later than the
close of business on the date on which the transfer requiring the report under
this paragraph occurs, be submitted to—
(i) the office
specified on the form described in subparagraph (A); and
(ii) the appropriate
State law enforcement agency of the jurisdiction in which the transfer occurs;
and
(6) retain a record of
the transfer as part of the permanent business records of the licensed
dealer.
(e)
Background
checks through law enforcement agencies
A State or local law
enforcement agency that agrees to assist an unlicensed transferor in carrying
out the responsibilities of the unlicensed transferor under subsection (b) with
respect to the transfer of a firearm shall—
(1)
(A) contact the national
instant criminal background check system under section 922(t); and
(B)
(i) receive an
identification number as described in section 922(t)(1)(B)(i); or
(ii) wait the period described in
922(t)(1)(B)(ii);
(2) conduct such other
checks as the agency considers appropriate to determine whether the receipt or
possession of the firearm by the unlicensed transferee would violate section
922 or State law;
(3) verify the
identity of the unlicensed transferee by—
(A) examining a valid
identification document (as defined in section 1028(d)) of the unlicensed
transferee containing a photograph of the unlicensed transferee; or
(B) confirming that
the unlicensed transferor has examined a valid identification document
described in subparagraph (A);
(4) notify the
unlicensed transferor and transferee—
(A) of the compliance
by the law enforcement agency with the requirements under paragraphs (1), (2),
and (3); and
(B) of any receipt by
the law enforcement agency of a notification from the national instant criminal
background check system or other information that the transfer would violate
section 922 or would violate State law;
(5) not later than 31
days after the date on which the transfer occurs, submit to the Attorney
General a report of the transfer, which—
(A) shall be on a form
specified by the Attorney General by regulation; and
(B) shall not include
the name of or other identifying information relating to the unlicensed
transferor or unlicensed transferee;
(6) if the law
enforcement agency assists an unlicensed transferor in transferring, at the
same time or during any 5 consecutive business days, two or more pistols or
revolvers, or any combination of pistols and revolvers totaling two or more, to
the same unlicensed transferee, in addition to the reports required under
paragraph (5), prepare a report of the multiple transfers, which shall
be—
(A) prepared on a form
specified by the Attorney General; and
(B) not later 24 hours
after the transfer requiring the report under this paragraph occurs, submitted
to—
(i) the office
specified on the form described in subparagraph (A); and
(ii) the appropriate
State law enforcement agency of the jurisdiction in which the transfer occurs;
and
(7) maintain records
of the transfer at such place, and in such form, as the Attorney General may
prescribe.
(f)
Purchase permits
confirming background checks
An unlicensed transferor may
transfer a firearm to an unlicensed transferee if the unlicensed transferor
verifies that—
(1) the unlicensed transferee has presented to
a licensed dealer or a law enforcement official a permit or license that allows
the unlicensed transferee to possess, acquire, or carry a firearm, and the
licensed dealer or law enforcement official, as the case may be, has verified
to the unlicensed transferor that the permit or license is valid;
(2) the permit or
license was issued not more than 5 years before the date on which the permit or
license is presented under paragraph (1) by a law enforcement agency in the
State in which the transfer is to take place;
(3) the law of the
State provides that the permit or license is to be issued only after a law
enforcement official has verified that neither the national instant criminal
background check system nor other information indicates that possession of a
firearm by the unlicensed transferee would be in violation of Federal, State,
or local law; and
(4) if the permit or
license does not include a photograph of the unlicensed transferee, the
unlicensed transferor has examined a valid identification document (as defined
in section 1028(d)) of the unlicensed transferee containing a photograph of the
unlicensed transferee.
(g)
Exceptions
Unless
prohibited by any other provision of law, subsections (b) and (c) shall not
apply to any transfer of a firearm between an unlicensed transferor and
unlicensed transferee, if—
(1) the transfer is a
bona fide gift between immediate family members, including spouses, parents,
children, siblings, grandparents, and grandchildren;
(2) the transfer
occurs by operation of law, or because of the death of another person for whom
the unlicensed transferor is an executor or administrator of an estate or a
trustee of a trust created in a will;
(3) the transfer is
temporary and occurs while in the home of the unlicensed transferee, if—
(A) the unlicensed
transferee is not otherwise prohibited from possessing firearms; and
(B) the unlicensed
transferee believes that possession of the firearm is necessary to prevent
imminent death or great bodily harm to the unlicensed transferee;
(4) the transfer is
approved by the Attorney General under section 5812 of the Internal Revenue
Code of 1986; or
(5) upon application
of the unlicensed transferor, the Attorney General determined that compliance
with subsection (b) is impracticable because—
(A) the ratio of the
number of law enforcement officers of the State in which the transfer is to
occur to the number of square miles of land area of the State does not exceed
0.0025;
(B) the location at
which the transfer is to occur is extremely remote in relation to the chief law
enforcement officer (as defined in section 922(s)(8)); and
(C) there is an
absence of telecommunications facilities in the geographical area in which the
unlicensed transferor is located; or
(6) the transfer is a
temporary transfer of possession without transfer of title that takes
place—
(A) at a shooting
range located in or on premises owned or occupied by a duly incorporated
organization organized for conservation purposes or to foster proficiency in
firearms;
(B) at a target
firearm shooting competition under the auspices of or approved by a State
agency or nonprofit organization; or
(C) while hunting,
fishing, or trapping, if—
(i) the activity is
legal in all places where the unlicensed transferee possesses the firearm;
and
(ii) the unlicensed
transferee holds any required license or permit.
(h)
Processing
fees
A licensed dealer or law enforcement agency that processes
the transfer of a firearm under this section may assess and collect a fee, in
an amount not to exceed $15, with respect to each firearm transfer
processed.
(i)
Records
Nothing
in subsection (e)(7) shall be construed to authorize the Attorney General to
inspect records described in such subsection or to require that the records be
transferred to a facility owned, managed, or controlled by the United
States.
.
(b)
Penalties
Section
924(a)(5) of title 18, United States Code, is amended by inserting or
section 932 after section 922.
(c)
Conforming
amendment
The table of sections for chapter 44 of title 18,
United States Code, is amended by adding at the end the following:
932. Background checks for
firearm transfers by unlicensed
persons.
.
103.
Effective
date
The amendments made by
this title shall take effect 180 days after the date of enactment of this
Act.
II
Background checks
for gun shop employees
201.
Background checks
required for employees authorized to possess or transfer firearms or ammunition
in the course of a licensed firearm business
(a)
In
general
Section 923 of title
18, United States Code, is amended by adding at the end the following:
(m)
(1)
(A) It shall be unlawful for
a licensed dealer to authorize an employee hired by the employer on or after
the effective date of this subsection to possess or transfer a firearm or
ammunition in the course of employment with the licensed dealer, unless the
licensed dealer has received from the Attorney General a notice that the
Attorney General has determined that receipt of a firearm by the employee would
not be unlawful.
(B) Beginning 3 months after the effective date
of this subsection, it shall be unlawful for a licensed dealer to authorize an
employee hired by the employer before the effective date of this subsection, to
possess or transfer a firearm or ammunition in the course of employment with
the licensed dealer, unless the licensed dealer has received from the Attorney
General a notice that the Attorney General has determined that receipt of a
firearm by the employee would not be unlawful.
(2) The Attorney General may temporarily waive
the applicability of paragraph (1) to an employer with respect to an employee
about whom the employer has submitted to the Attorney General the information
described in paragraph (3) if the Attorney General determines that the Attorney
General will be unable to make a determination under paragraph (3) with respect
to the employee in a timely manner.
(3)
(A) If the Attorney General
receives from a licensed dealer the name and other identifying information of
an employee who will be authorized by the licensed dealer to possess or
transfer a firearm in the course of employment with the licensed dealer, the
Attorney General shall determine whether it would be unlawful for the employee
to receive a firearm under Federal law or under the law of any State or
locality in which the employee may be so authorized. In making the
determination, the Attorney General may take into account a letter or document
issued under subparagraph (B).
(B)
(i) If the Attorney General determines that
such a receipt of a firearm by the employee would not be unlawful, the Attorney
General shall notify the licensed dealer in writing or electronically of the
determination, and issue to the employee a letter of clearance, which confirms
the determination.
(ii) If the Attorney General determines that
such a receipt of a firearm by the employee would be unlawful, the Attorney
General shall notify the licensed dealer in writing or electronically of the
determination, and issue to the employee a document that—
(I) confirms the determination;
(II) explains the grounds for the
determination;
(III) provides information on how the
disability may be relieved; and
(IV) explains how the determination may be
appealed.
.
(b)
Penalties
(1)
Administrative
Section
923(e) of such title is amended by inserting knowingly violated
subsection (m)(1) or before willfully violated.
(2)
Criminal
Section
924(a)(1)(D) of such title is amended by inserting knowingly violates
section 923(m)(1) or before willfully.
(c)
Correction of
erroneous system information
Section 103(g) of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note) is amended—
(1) by inserting
or by an employee of the individual after
transferee the first place it appears; and
(2) by inserting
or employee, as the case may be, after transferee
each subsequent place it appears.
(d)
Effective
date
The amendment made by this section shall apply to conduct
engaged in after the 3-month period that begins with the date of the enactment
of this Act.
III
Prevention of
terrorists from obtaining firearms or explosives
301.
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 the
following new section after section 922:
922A.
Attorney
General’s discretion to deny transfer of a firearm
The
Attorney General may deny the transfer of a firearm pursuant to section
922(t)(1)(B)(ii) if the Attorney General 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 thereof, and the Attorney General has a reasonable
belief that the prospective transferee may use a firearm in connection with
terrorism.
;
(2) by inserting the
following new section after section 922A:
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 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 thereof, and the Attorney General has
a reasonable belief that the applicant may use a firearm in connection with
terrorism.
;
and
(3) in section 921(a),
by adding at the end the following:
(36) The term terrorism
means international terrorism as defined in section 2331(1), and
domestic terrorism as defined in section 2331(5).
(37) The term material
support means material support or resources within the
meaning of section 2339A or 2339B.
(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.
.
(b)
Effect of
attorney general discretionary denial through the national instant criminal
background check system (NICS) on firearms permits
Section 922(t)
of such title 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
before the semicolon;
(2) in paragraph (2),
by inserting after or State law the following: or if the
Attorney General has not determined to deny the transfer of a firearm pursuant
to section 922A;
(3) in paragraph
(3)(A)(i)—
(A) by striking
and at the end of subclause (I); and
(B) by adding at the
end the following:
(III) was issued after a check of the
system established pursuant to paragraph
(1);
;
(4) in paragraph
(3)(A)—
(A) by adding
and at the end of clause (ii); and
(B) by adding after
and below 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;
;
(5) in paragraph (4),
by inserting after or State law, the following: or if the
Attorney General has not determined to deny the transfer of a firearm pursuant
to section 922A,; and
(6) in paragraph (5),
by inserting after or State law, the following: or if the
Attorney General has determined to deny the transfer of a firearm pursuant to
section 922A,.
(c)
Unlawful sale or
disposition of firearm based on attorney general discretionary
denial
Section 922(d) of such title is amended—
(1) by striking
or at the end of paragraph (8);
(2) by striking the
period at the end of paragraph (9) and inserting ; or;
and
(3) by inserting after
paragraph (9) the following:
(10) has been the
subject of a determination by the Attorney General pursuant to section 922A,
922B, 923(d)(1)(H), or 923(e) of this
title.
.
(d)
Attorney general
discretionary denial as prohibitor
Section 922(g) of such title
is amended—
(1) by striking
or at the end of paragraph (8);
(2) by striking the
comma at the end of paragraph (9) 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 pursuant to section
922A, 922B, 923(d)(1)(H), or 923(e) of this
title.
.
(e)
Attorney general
discretionary denial of federal firearms licenses
Section
923(d)(1) of such title is amended—
(1) by striking
Any and inserting Except as provided in subparagraph (H),
any;
(2) in subparagraph
(F)(iii), by striking and at the end;
(3) in subparagraph
(G), by striking the period and inserting ; and; and
(4) by adding at the
end the following:
(H) 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 thereof,
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 such
title is amended—
(1) in the first
sentence—
(A) by inserting after
revoke the following: —(1); and
(B) by striking the
period and inserting a semicolon;
(2) in the second
sentence—
(A) by striking
The Attorney General may, after notice and opportunity for hearing,
revoke and insert (2); and
(B) by striking the
period and inserting ; or; and
(3) by adding at the
end the following:
(3) any license issued
under this section if the Attorney General determines that the holder of the
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 thereof,
and the Attorney General has a reasonable belief that the applicant may use a
firearm in connection with
terrorism.
.
(g)
Attorney
general’s ability To withhold information in firearms license denial and
revocation suit
Section 923(f) of such title is amended—
(1) in the first
sentence of paragraph (1), by inserting , except that if the denial or
revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information
on 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 before the
period; and
(2) in paragraph (3),
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 on, 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 such title is amended by inserting
after the third sentence the following: If receipt of a firearms by the
person would violate section 922(g)(10), 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 on, 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 such title is amended—
(1) by striking
or at the end of paragraph (2);
(2) in paragraph (3),
by striking , or and inserting ; or; and
(3) by inserting after
paragraph (3) the following:
(4) constitutes an act
of terrorism (as defined in section 921(a)(36)), or material support thereof
(as defined in section 921(a)(37)),
or
.
(j)
Remedy for
erroneous denial of firearm or firearm permit exemption
Section
925A of such title is amended—
(1) in the section
heading, by striking Remedy
for erroneous denial of firearm and inserting
Remedies;
(2) 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 section 922(t) or
pursuant to a determination made under section
922B,
;
and
(3) by adding after
and below 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 or has made a determination
regarding a firearm permit applicant pursuant to section 922B, an action
challenging the determination may be brought against the United States. The
petition must be filed not later than 60 days after the petitioner has received
actual notice of the Attorney General’s determination made pursuant to section
922A or 922B. The court shall sustain the Attorney General’s determination on 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. To
make this showing, the United States may submit, and the court may rely on,
summaries or redacted versions of documents containing information the
disclosure of which the Attorney General has determined would likely compromise
national security. On 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.
.
(k)
Provision of
grounds underlying ineligibility determination by the national instant criminal
background check system
Section 103 of the Brady Handgun Violence
Prevention Act (Public Law 103–159) is amended—
(1) in subsection
(f)—
(A) by inserting after
is ineligible to receive a firearm, the following: 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;
and
(B) by inserting after
the system shall provide such reasons to the individual, the
following: except for any information the disclosure of which the
Attorney General has determined would likely compromise national
security; and
(2) in subsection
(g)—
(A) in the first
sentence, by inserting after subsection (g) or (n) of section 922 of
title 18, United States Code or State law the following: or if
the Attorney General has made a determination pursuant to section 922A or 922B
of such title,;
(B) by inserting
, except any information the disclosure of which the Attorney General
has determined would likely compromise national security before the
period; and
(C) 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 on attorney general discretionary
denial
Section 842(d) of such title is amended—
(1) by striking the
period at the end of paragraph (9) 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 section
843(b)(8) or (d)(2) of this
title.
.
(m)
Attorney General
discretionary denial as prohibitor
Section 842(i) of such title
is amended—
(1) by adding
or at the end of paragraph (7); and
(2) by inserting after
paragraph (7) the following:
(8) who has received actual notice of the
Attorney General’s determination made pursuant to section 843(b)(8) or
(d)(2),
.
(n)
Attorney General
discretionary denial of Federal explosives licenses and
permits
Section 843(b) of such title is amended—
(1) by striking
Upon and inserting the following: Except as provided in
paragraph (8), on; and
(2) by inserting after paragraph (7) the
following:
(8) 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 thereof, 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 such title is amended—
(1) by inserting
(1) in the first sentence after if; and
(2) by striking the
period at the end of the first sentence and inserting the following: ;
or (2) 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 thereof,
and that the Attorney General has a reasonable belief that the person may use
explosives in connection with terrorism..
(p)
Attorney
General’s ability To withhold information in explosives license and permit
denial and revocation suits
Section 843(e) of such title is
amended—
(1) in the first sentence of paragraph (1), by
inserting except that if the denial or revocation is based on a
determination under subsection (b)(8) or (d)(2), then any information which the
Attorney General relied on for the determination may be withheld from the
petitioner if the Attorney General determines that disclosure of the
information would likely compromise national security before the
period; 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 on a determination under section
843(b)(8) or (d)(2), the United States may submit, and the court may rely on,
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 such title is amended—
(1) in subparagraph
(A), by inserting or section 843(b)(1) (on grounds of terrorism) of this
title, after section 842(i),; and
(2) in subparagraph
(B)—
(A) by inserting
or section 843(b)(8) 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 section 843(b)(8) may be withheld if the
Attorney General concludes that disclosure of the information would likely
compromise national security before the semicolon.
(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).
IV
Reporting of lost
or stolen firearms to state or local police
401.
Requirement
that gun owners report lost or stolen firearms to state or local
police
Section 923(g)(6) of
title 18, United States Code, is amended—
(1) by inserting
(A) after (6); and
(2) by adding after
and below the end the following:
(B) Each person who owns or possesses a firearm
shall report the theft or loss of the firearm, within 48 hours after the theft
or loss is discovered, to the appropriate local
authorities.
.
V
Concealed firearms
permits
501.
Concealed
firearms permits
(a)
In
general
Chapter 44 of title 18, United States Code, is amended by
inserting after section 926C the following:
926D.
Concealed
firearms permits
(a)
In
general
Each State that allows residents of the State to carry
concealed firearms in or affecting interstate or foreign commerce shall—
(1) establish a
process to issue permits to residents of the State to carry concealed firearms
in or affecting interstate or foreign commerce; and
(2) require that each
resident of the State seeking to carry a concealed firearm in or affecting
interstate or foreign commerce in the State obtain a permit through the process
established under paragraph (1).
(b)
Requirements
In
establishing a process to issue permits to carry concealed firearms under
subsection (a), a State shall—
(1) ensure that a
local law enforcement agency participates in the process; and
(2) at a minimum,
require that an applicant for a permit to carry a concealed firearm in or
affecting interstate or foreign commerce—
(A) be a legal
resident of the United States;
(B) be not less than
21 years of age;
(C) demonstrate good
cause for requesting a concealed firearm permit;
(D) demonstrate that
the applicant is worthy of the public trust to carry a concealed firearm in
public;
(E) complete a firearm
safety training course certified by the State; and
(F) not have been
convicted of a crime of violence.
(c)
Law enforcement
agency report
If a State establishes a process under subsection
(a) that allows for an agency other than a law enforcement agency to issue
permits to carry concealed firearms, the process shall require that—
(1) a local law
enforcement agency submit to the agency responsible for issuing permits a
written report that describes whether the applicant meets the standards of the
State to carry a concealed firearm; and
(2) the agency
responsible for issuing permits maintain a report submitted under paragraph (1)
in the file of the applicant.
(d)
Definition
In
this section, the term local law enforcement agency means a law
enforcement agency of the unit of local government with jurisdiction of the
area in which the applicant for a permit to carry a concealed firearm
resides.
(e)
Compliance
Not
later than 270 days after the date of enactment of this section, each State
described in subsection (a) shall be in compliance with this
section.
.
(b)
Technical and
conforming amendment
The table of sections for such chapter is
amended by inserting after the item relating to section 926C the
following:
926D. Concealed firearms
permits.
.