H.R.2159
April 29, 2009
Mr. KING of New York (for himself, Mr. RANGEL, Mr. CASTLE, Mrs. MCCARTHY of New York, Mr. KIRK, Mr. MORAN of Virginia, and Mr. SMITH of New Jersey)
introduced the following bill; which was referred to the Committee on the Judiciary
--------------------------------------------------------------------------------
A BILL
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a
known or suspected dangerous terrorist.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Denying Firearms and Explosives to Dangerous Terrorists Act of 2009'.
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 the following new section after section 922:
`Sec. 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:
`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 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';
(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.'.
Read The Rest Of It
H E R E ! ! !
--Charles Marcello