Microdizzey
Well-Known Member
This is some ugly stuff.
http://www.govtrack.us/congress/billtext.xpd?bill=h111-2159
http://docs.ekrub.net/hsaradicals_orig.pdf
http://www.govtrack.us/congress/billtext.xpd?bill=h111-2159
Nothing wrong with denying gun sales to a suspected terrorist threat. But what do they consider a terrorist?HR 2159 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 Generals 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 Generals 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.
(3 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 (;
(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 (;
(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 Generals 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 Generals 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 Generals 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 Generals determination made pursuant to section 922A or 922B. The court shall sustain the Attorney Generals determination on a showing by the United States by a preponderance of evidence that the Attorney Generals 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 courts 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 Generals 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 Generals determination made pursuant to section 843(b)( 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:
( who has received actual notice of the Attorney Generals determination made pursuant to section 843(b)( 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 (, on; and
(2) by inserting after paragraph (7) the following:
( 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 Generals 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)( 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)( 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)( 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)( 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).
http://docs.ekrub.net/hsaradicals_orig.pdf
Domestic Extremism Lexicon: Homeland Extremism Dictionary
This product provides definitions for key terms and phrases that often appear in DHS analysis that addresses the nature and scope of the threat that domestic, non-Islamic extremism poses to the United States. Definitions were derived from a variety of open source materials and unclassified information, then further developed during facilitated workshops with DHS intelligence analysts knowledgeable about domestic, non-Islamic extremism in the United States.
Some examples of a few terms:
Antiabortion Extremism
A movement of groups or individuals who are virulently antiabortion and advocate violence against providers of abortion-related services, their employees, and their facilities. Some cite various racist and anti-Semitic beliefs to justify their criminal activities.
Anti-immigration Extremism
A movement of groups or individuals who are vehemently opposed to illegal immigration, particularly along the U.S. southwest border with Mexico, and who have been known to advocate or engage in criminal activity and plot acts of violence and terrorism to advance their extremist goals. They are highly critical of the U.S. Governments response to illegal immigration and oppose government programs that are designed to extend rights to illegal aliens, such as issuing drivers licenses or national identification cards and providing in-state tuition, medical benefits, or public education.
Jewish Extremism
A movement of groups or individuals of the Jewish faith who are willing to use violence or commit other criminal acts to protect themselves against perceived affronts to their religious or ethnic identity.
Patriot Movement
A term used by rightwing extremists to link their beliefs to those commonly associated with the American Revolution. The patriot movement primarily comprises violent antigovernment groups such as militias and sovereign citizens.
(also: Christian patriots, patriot group, Constitutionalists, Constitutionist)
Rightwing Extremism
A movement of rightwing groups or individuals who can be broadly divided into those who are primarily hate-oriented, and those who are mainly antigovernment and reject federal authority in favor of state or local authority. This term also may refer to rightwing extremist movements
that are dedicated to a single issue, such as opposition to abortion or immigration.
(also known as far right, extreme right)