[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1237 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 1237
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
April 26, 2007
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.
This Act may be cited as the ``Denying Firearms and Explosives to
Dangerous Terrorists Act of 2007''.
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)(1)(H), 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)(1)(H) or 923(e) of this title,''.
(e) Attorney General Discretionary Denial of Federal Firearms
Licenses.--Section 923(d)(1) of title 18, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by striking
``Any'' and inserting ``Except as provided in subparagraph (H),
any'';
(2) in subparagraph (F), 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 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)(1)(H) or (e)(3), 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 at the beginning of 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), 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'';
(2) in subsection (f), 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
(3) 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 (b)(8) or (d)(2) 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 (b)(8) or
(d)(2) of section 843 of this title,''.
(n) Attorney General Discretionary Denial of Federal Explosives
Licenses and Permits.--Section 843(b) of title 18, United States Code,
is amended--
(1) by striking ``Upon'' and inserting ``Except as provided
in paragraph (8), upon''; and
(2) by adding at the end 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 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 (b)(8)
or (d)(2) of section 843 of this title, 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 (b)(8) or (d)(2) of section 843, 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 section
843(b)(1) (on grounds of terrorism) of this title'' after
``section 842(i)''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by
inserting ``or in 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'' 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)''.
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