[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2159 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2159
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
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.''.
(f) Discretionary Revocation of Federal Firearms Licenses.--Section
923(e) of such title is amended--
(1) in the 1st sentence--
(A) by inserting after ``revoke'' the following:
``--(1)''; and
(B) by striking the period and inserting a
semicolon;
(2) in the 2nd 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 1st 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 3rd 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 3rd 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 1st 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 1st 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)''.
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