Who will be denied Guns and Ammo?

Text of S. 34: Denying Firearms and Explosives to Dangerous Terrorists Act of 2011

Jan 25, 2011 – Introduced in Senate. This is the original text of the bill as it was written by its sponsor and submitted to the Senate for consideration. This is the latest version of the bill currently available onGovTrack.

112th CONGRESS

1st Session

S. 34

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

January 25 (legislative day, January 5), 2011

Mr. LAUTENBERG (for himself, Mr. MENENDEZ, Mrs. FEINSTEIN, Mr. WHITEHOUSE, Mr. REED, Mr. LEVIN, Mr. SCHUMER, Mr. DURBIN, and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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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 2011’.

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–

thank you Dutch

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