[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 380 Introduced in Senate (IS)]
105th CONGRESS
1st Session
S. 380
To prohibit foreign nationals admitted to the United States under a
nonimmigrant visa from possessing a firearm.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 1997
Mr. Durbin (for himself, Mr. Kennedy, and Mr. Kohl) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To prohibit foreign nationals admitted to the United States under a
nonimmigrant visa from possessing a firearm.
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 ``Durbin-Kennedy Empire State Building
Counter-Terrorism Act of 1997.''
SEC. 2. FIREARMS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26));'';
(2) in subsection (g), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26));'';
(3) in subsection (s)(3)(B), by striking clause (v) and
inserting the following:
``(v) is not an alien who--
``(I) is illegally or unlawfully in the
United States; or
``(II) subject to subsection (y)(2), has
been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26));''; and
(4) by inserting after subsection (x) the following:
``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
``(1) Definitions.--In this subsection--
``(A) the term `alien' has the same meaning as in
section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3)); and
``(B) the term `nonimmigrant visa' has the same
meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)); and
``(2) Exceptions.--
``(A) In general.--Subsections (d)(5)(B),
(g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any
alien who has been lawfully admitted to the United
States under a nonimmigrant visa, if that alien is--
``(i) admitted to the United States for
lawful hunting or sporting purposes;
``(ii) an official representative of a
foreign government who is--
``(I) accredited to the United
States Government or the government's
mission to an international
organization having its headquarters in
the United States; or
``(II) en route to or from another
country to which that alien is
accredited;
``(iii) an official of a foreign government
or a distinguished foreign visitor who has been
so designated by the Department of State; or
``(iv) a foreign law enforcement officer of
a friendly foreign government entering the
United States on official law enforcement
business.
``(3) Waiver.--
``(A) Conditions for waiver.--Any individual who
has been admitted to the United States under a
nonimmigrant visa may receive a waiver from the
requirements of subsection (g)(5), if--
``(i) the individual submits to the
Attorney General a petition that meets the
requirements of subparagraph (C); and
``(ii) the Attorney General approves the
petition.
``(B) Petition.--Each petition under subparagraph
(B) shall--
``(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before the
date on which the petition is submitted under
this paragraph; and
``(ii) include a written statement from the
embassy or consulate of the petitioner,
authorizing the petitioner to acquire a firearm
or ammunition and certifying that the alien
would not, absent the application of subsection
(g)(5)(B), otherwise be prohibited from such
acquisition under subsection (g).
``(C) Approval of petition.--The Attorney General
shall approve a petition submitted in accordance with
this paragraph, if the Attorney General determines that
waiving the requirements of subsection (g)(5)(B) with
respect to the petitioner--
``(i) would be in the interests of justice;
and
``(ii) would not jeopardize the public
safety.''.
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