II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Denying Firearms and 

5 Explosives to Dangerous Terrorists Act of 2007’’. 


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1 SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHOR2 ITY TO DENY THE SALE, DELIVERY, OR 

3 TRANSFER OF A FIREARM OR THE ISSUANCE 

4 OF A FIREARMS OR EXPLOSIVES LICENSE OR 

5 PERMIT TO DANGEROUS TERRORISTS. 

6 (a) STANDARD FOR EXERCISING ATTORNEY GEN7 ERAL DISCRETION REGARDING TRANSFERRING FIRE8 ARMS OR ISSUING FIREARMS PERMITS TO DANGEROUS

9 TERRORISTS.—Chapter 44 of title 18, United States 

10 Code, is amended— 

11 (1) by inserting after section 922 the following: 

12 ‘‘§ 922A. Attorney General’s discretion to deny trans13 fer of a firearm 

14 ‘‘The Attorney General may deny the transfer of a 

15 firearm under section 922(t)(1)(B)(ii) of this title if the 

16 Attorney General— 

17 ‘‘(1) determines that the transferee is known 

18 (or appropriately suspected) to be or have been en19 gaged in conduct constituting, in preparation for, in 

20 aid of, or related to terrorism, or providing material 

21 support or resources for terrorism; and 

22 ‘‘(2) has a reasonable belief that the prospective 

23 transferee may use a firearm in connection with ter24 rorism. 


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1 ‘‘§ 922B. Attorney General’s discretion regarding ap2 plicants for firearm permits which would 

3 qualify for the exemption provided under 

4 section 922(t)(3) 

5 ‘‘The Attorney General may determine that— 

6 ‘‘(1) an applicant for a firearm permit which 

7 would qualify for an exemption under section 922(t) 

8 is known (or appropriately suspected) to be or have 

9 been engaged in conduct constituting, in preparation 

10 for, in aid of, or related to terrorism, or providing 

11 material support or resources for terrorism; and 

12 ‘‘(2) the Attorney General has a reasonable be13 lief that the applicant may use a firearm in connec14 tion with terrorism.’’; 

15 (2) in section 921(a), by adding at the end the 

16 following: 

17 ‘‘(36) The term ‘terrorism’ includes inter18 national terrorism and domestic terrorism, as those 

19 terms are defined in section 2331 of this title. 

20 ‘‘(37) The term ‘material support or resources’ 

21 has the same meaning as in section 2339A of this 

22 title. 

23 ‘‘(38) The term ‘responsible person’ means an 

24 individual who has the power, directly or indirectly, 

25 to direct or cause the direction of the management 


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1 and policies of the applicant or licensee pertaining to 

2 firearms.’’; and 

3 (3) in the table of sections, by inserting after 

4 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).’’. 

5 (b) EFFECT OF ATTORNEY GENERAL DISCRE6 TIONARY DENIAL THROUGH THE NATIONAL INSTANT

7 CRIMINAL BACKGROUND CHECK SYSTEM (NICS) ON

8 FIREARMS PERMITS.—Section 922(t) of title 18, United 

9 States Code, is amended— 

10 (1) in paragraph (1)(B)(ii), by inserting ‘‘or 

11 State law, or that the Attorney General has deter12 mined to deny the transfer of a firearm pursuant to 

13 section 922A of this title’’ before the semicolon; 

14 (2) in paragraph (2), in the matter preceding 

15 subparagraph (A), by inserting ‘‘, or if the Attorney 

16 General has not determined to deny the transfer of 

17 a firearm pursuant to section 922A of this title’’ 

18 after ‘‘or State law’’; 

19 (3) in paragraph (3)— 

20 (A) in subparagraph (A)— 

21 (i) in clause (i)— 

22 (I) in subclause (I), by striking 

23 ‘‘and’’ at the end; and 


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1 (II) by adding at the end the fol2 lowing: 

3 ‘‘(III) was issued after a check of the sys4 tem established pursuant to paragraph (1);’’; 

5 (ii) in clause (ii), by inserting ‘‘and’’ 

6 after the semicolon; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(iii) the State issuing the permit agrees to 

10 deny the permit application if such other person is 

11 the subject of a determination by the Attorney Gen12 eral pursuant to section 922B of this title;’’; 

13 (4) in paragraph (4), by inserting ‘‘, or if the 

14 Attorney General has not determined to deny the 

15 transfer of a firearm pursuant to section 922A of 

16 this title’’ after ‘‘or State law’’; and 

17 (5) in paragraph (5), by inserting ‘‘, or if the 

18 Attorney General has determined to deny the trans19 fer of a firearm pursuant to section 922A of this 

20 title’’ after ‘‘or State law’’. 

21 (c) UNLAWFUL SALE OR DISPOSITION OF FIREARM

22 BASED UPON ATTORNEY GENERAL DISCRETIONARY DE23 NIAL.—Section 922(d) of title 18, United States Code, is 

24 amended— 


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1 (1) in paragraph (8), by striking ‘‘or’’ at the 

2 end; 

3 (2) in paragraph (9), by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(10) has been the subject of a determination 

7 by the Attorney General under section 922A, 922B, 

8 923(d)(1)(H), or 923(e) of this title.’’. 

9 (d) ATTORNEY GENERAL DISCRETIONARY DENIAL

10 AS PROHIBITOR.—Section 922(g) of title 18, United 

11 States Code, is amended— 

12 (1) in paragraph (8), by striking ‘‘or’’ at the 

13 end; 

14 (2) in paragraph (9), by striking the comma at 

15 the end and inserting ‘‘; or’’; and 

16 (3) by inserting after paragraph (9) the fol17 lowing: 

18 ‘‘(10) who has received actual notice of the At19 torney General’s determination made under section 

20 922A, 922B, 923(d)(1)(H) or 923(e) of this title,’’. 

21 (e) ATTORNEY GENERAL DISCRETIONARY DENIAL

22 OF FEDERAL FIREARMS LICENSES.—Section 923(d)(1) of 

23 title 18, United States Code, is amended— 


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1 (1) in the matter preceding subparagraph (A), 

2 by striking ‘‘Any’’ and inserting ‘‘Except as provided 

3 in subparagraph (H), any’’; 

4 (2) in subparagraph (F), by striking ‘‘and’’ at 

5 the end; 

6 (3) in subparagraph (G), by striking the period 

7 and inserting ‘‘; and’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(H) The Attorney General may deny a license 

10 application if the Attorney General determines that 

11 the applicant (including any responsible person) is 

12 known (or appropriately suspected) to be or have 

13 been engaged in conduct constituting, in preparation 

14 for, in aid of, or related to terrorism, or providing 

15 material support or resources for terrorism, and the 

16 Attorney General has a reasonable belief that the 

17 applicant may use a firearm in connection with ter18 rorism.’’. 

19 (f) DISCRETIONARY REVOCATION OF FEDERAL FIRE20 ARMS LICENSES.—Section 923(e) of title 18, United 

21 States Code, is amended— 

22 (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; 

23 (2) by striking ‘‘revoke any license’’ and insert24 ing the following: ‘‘revoke— 

25 ‘‘(A) any license’’; 


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1 (3) by striking ‘‘. The Attorney General may, 

2 after notice and opportunity for hearing, revoke the 

3 license’’ and inserting the following: ‘‘; 

4 ‘‘(B) the license’’; and 

5 (4) by striking ‘‘. The Secretary’s action’’ and 

6 inserting the following: ‘‘; or 

7 ‘‘(C) any license issued under this section if the 

8 Attorney General determines that the holder of such 

9 license (including any responsible person) is known 

10 (or appropriately suspected) to be or have been en11 gaged in conduct constituting, in preparation for, in 

12 aid of, or related to terrorism or providing material 

13 support or resources for terrorism, and the Attorney 

14 General has a reasonable belief that the applicant 

15 may use a firearm in connection with terrorism. 

16 ‘‘(2) The Attorney General’s action’’. 

17 (g) ATTORNEY GENERAL’S ABILITY TO WITHHOLD

18 INFORMATION IN FIREARMS LICENSE DENIAL AND REV19 OCATION SUIT.— 

20 (1) IN GENERAL.—Section 923(f)(1) of title 18, 

21 United States Code, is amended by inserting after 

22 the first sentence the following: ‘‘However, if the de23 nial or revocation is pursuant to subsection 

24 (d)(1)(H) or (e)(3), any information upon which the 

25 Attorney General relied for this determination may 


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1 be withheld from the petitioner, if the Attorney Gen2 eral determines that disclosure of the information 

3 would likely compromise national security.’’. 

4 (2) SUMMARIES.—Section 923(f)(3) of title 18, 

5 United States Code, is amended by inserting after 

6 the third sentence the following: ‘‘With respect to 

7 any information withheld from the aggrieved party 

8 under paragraph (1), the United States may submit, 

9 and the court may rely upon, summaries or redacted 

10 versions of documents containing information the 

11 disclosure of which the Attorney General has deter12 mined would likely compromise national security.’’. 

13 (h) ATTORNEY GENERAL’S ABILITY TO WITHHOLD

14 INFORMATION IN RELIEF FROM DISABILITIES LAW15 SUITS.—Section 925(c) of title 18, United States Code, 

16 is amended by inserting after the third sentence the fol17 lowing: ‘‘If the person is subject to a disability under sec18 tion 922(g)(10) of this title, any information which the 

19 Attorney General relied on for this determination may be 

20 withheld from the applicant if the Attorney General deter21 mines that disclosure of the information would likely com22 promise national security. In responding to the petition, 

23 the United States may submit, and the court may rely 

24 upon, summaries or redacted versions of documents con25 taining information the disclosure of which the Attorney 


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1 General has determined would likely compromise national 

2 security.’’. 

3 (i) PENALTIES.—Section 924(k) of title 18, United 

4 States Code, is amended— 

5 (1) in paragraph (2), by striking ‘‘or’’ at the 

6 end; 

7 (2) in paragraph (3), by striking the comma at 

8 the end and inserting ‘‘; or’’; and 

9 (3) by inserting after paragraph (3) the fol10 lowing: 

11 ‘‘(4) constitutes an act of terrorism, or pro12 viding material support or resources for terrorism,’’. 

13 (j) REMEDY FOR ERRONEOUS DENIAL OF FIREARM

14 OR FIREARM PERMIT EXEMPTION.— 

15 (1) IN GENERAL.—Section 925A of title 18, 

16 United States Code, is amended— 

17 (A) in the section heading, by striking 

18 ‘‘Remedy for erroneous denial of fire19 arm’’ and inserting ‘‘Remedies’’; 

20 (B) by striking ‘‘Any person denied a fire21 arm pursuant to subsection (s) or (t) of section 

22 922’’ and inserting the following: 

23 ‘‘(a) Except as provided in subsection (b), any person 

24 denied a firearm pursuant to subsection (t) of section 922 


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1 or a firearm permit pursuant to a determination made 

2 under section 922B’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(b) In any case in which the Attorney General has 

5 denied the transfer of a firearm to a prospective transferee 

6 pursuant to section 922A of this title or has made a deter7 mination regarding a firearm permit applicant pursuant 

8 to section 922B of this title, an action challenging the de9 termination may be brought against the United States. 

10 The petition shall be filed not later than 60 days after 

11 the petitioner has received actual notice of the Attorney 

12 General’s determination under section 922A or 922B of 

13 this title. The court shall sustain the Attorney General’s 

14 determination upon a showing by the United States by a 

15 preponderance of evidence that the Attorney General’s de16 termination satisfied the requirements of section 922A or 

17 922B, as the case may be. To make this showing, the 

18 United States may submit, and the court may rely upon, 

19 summaries or redacted versions of documents containing 

20 information the disclosure of which the Attorney General 

21 has determined would likely compromise national security. 

22 Upon request of the petitioner or the court’s own motion, 

23 the court may review the full, undisclosed documents ex 

24 parte and in camera. The court shall determine whether 

25 the summaries or redacted versions, as the case may be, 


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1 are fair and accurate representations of the underlying 

2 documents. The court shall not consider the full, undis3 closed documents in deciding whether the Attorney Gen4 eral’s determination satisfies the requirements of section 

5 922A or 922B.’’. 

6 (2) TECHNICAL AND CONFORMING AMEND7 MENT.—The table of sections at the beginning of 

8 chapter 44 of title 18, United States Code, is 

9 amended by striking the item relating to section 

10 925A and inserting the following: 

‘‘925A. Remedies.’’. 

11 (k) PROVISION OF GROUNDS UNDERLYING INELIGI12 BILITY DETERMINATION BY THE NATIONAL INSTANT

13 CRIMINAL BACKGROUND CHECK SYSTEM.—Section 103 

14 of the Brady Handgun Violence Prevention Act (18 U.S.C. 

15 922 note) is amended— 

16 (1) in subsection (f), by inserting ‘‘or the Attor17 ney General has made a determination regarding an 

18 applicant for a firearm permit pursuant to section 

19 922B of title 18, United States Code,’’ after ‘‘is in20 eligible to receive a firearm’’; 

21 (2) in subsection (f), by inserting ‘‘except any 

22 information for which the Attorney General has de23 termined that disclosure would likely compromise 

24 national security,’’ after ‘‘reasons to the individual,’’; 

25 and 


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1 (3) in subsection (g)— 

2 (A) the first sentence— 

3 (i) by inserting ‘‘or if the Attorney 

4 General has made a determination pursu5 ant to section 922A or 922B of title 18, 

6 United States Code,’’ after ‘‘or State 

7 law,’’; and 

8 (ii) by inserting ‘‘, except any infor9 mation for which the Attorney General has 

10 determined that disclosure would likely 

11 compromise national security’’ before the 

12 period at the end ; and 

13 (B) by adding at the end the following: 

14 ‘‘Any petition for review of information with15 held by the Attorney General under this sub16 section shall be made in accordance with section 

17 925A of title 18, United States Code.’’. 

18 (l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES

19 BASED UPON ATTORNEY GENERAL DISCRETIONARY DE20 NIAL.—Section 842(d) of title 18, United States Code, is 

21 amended— 

22 (1) in paragraph (9), by striking the period and 

23 inserting ‘‘; or’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(10) has received actual notice of the Attorney 

2 General’s determination made pursuant to sub3 section (b)(8) or (d)(2) of section 843 of this title.’’. 

4 (m) ATTORNEY GENERAL DISCRETIONARY DENIAL

5 AS PROHIBITOR.—Section 842(i) of title 18, United States 

6 Code, is amended— 

7 (1) in paragraph (7), by inserting ‘‘; or’’ at the 

8 end; and 

9 (2) by inserting after paragraph (7) the fol10 lowing: 

11 ‘‘(8) who has received actual notice of the At12 torney General’s determination made pursuant to 

13 subsection (b)(8) or (d)(2) of section 843 of this 

14 title,’’. 

15 (n) ATTORNEY GENERAL DISCRETIONARY DENIAL

16 OF FEDERAL EXPLOSIVES LICENSES AND PERMITS.— 

17 Section 843(b) of title 18, United States Code, is amend18 ed— 

19 (1) by striking ‘‘Upon’’ and inserting ‘‘Except 

20 as provided in paragraph (8), upon’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(8) The Attorney General may deny the 

23 issuance of a permit or license to an applicant if the 

24 Attorney General determines that the applicant or a 

25 responsible person or employee possessor thereof is 


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1 known (or appropriately suspected) to be or have 

2 been engaged in conduct constituting, in preparation 

3 of, in aid of, or related to terrorism, or providing 

4 material support or resources for terrorism, and the 

5 Attorney General has a reasonable belief that the 

6 person may use explosives in connection with ter7 rorism.’’. 

8 (o) ATTORNEY GENERAL DISCRETIONARY REVOCA9 TION OF FEDERAL EXPLOSIVES LICENSES AND PER10 MITS.—Section 843(d) of title 18, United States Code, is 

11 amended— 

12 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

13 (2) by striking ‘‘if in the opinion’’ and inserting 

14 the following: ‘‘if— 

15 ‘‘(A) in the opinion’’; and 

16 (3) by striking ‘‘. The Secretary’s action’’ and 

17 inserting the following: ‘‘; or 

18 ‘‘(B) the Attorney General determines that the 

19 licensee or holder (or any responsible person or em20 ployee possessor thereof) is known (or appropriately 

21 suspected) to be or have been engaged in conduct 

22 constituting, in preparation for, in aid of, or related 

23 to terrorism, or providing material support or re24 sources for terrorism, and that the Attorney General 


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1 has a reasonable belief that the person may use ex2 plosives in connection with terrorism. 

3 ‘‘(2) The Attorney General’s action’’. 

4 (p) ATTORNEY GENERAL’S ABILITY TO WITHHOLD

5 INFORMATION IN EXPLOSIVES LICENSE AND PERMIT DE6 NIAL AND REVOCATION SUITS.—Section 843(e) of title 

7 18, United States Code, is amended— 

8 (1) in paragraph (1), by inserting after the first 

9 sentence the following: ‘‘However, if the denial or 

10 revocation is based upon an Attorney General deter11 mination under subsection (b)(8) or (d)(2) of section 

12 843 of this title, any information which the Attorney 

13 General relied on for this determination may be 

14 withheld from the petitioner if the Attorney General 

15 determines that disclosure of the information would 

16 likely compromise national security.’’; and 

17 (2) in paragraph (2), by adding at the end the 

18 following: ‘‘In responding to any petition for review 

19 of a denial or revocation based upon an Attorney 

20 General determination under subsection (b)(8) or 

21 (d)(2) of section 843, the United States may submit, 

22 and the court may rely upon, summaries or redacted 

23 versions of documents containing information the 

24 disclosure of which the Attorney General has deter25 mined would likely compromise national security.’’. 


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1 (q) ABILITY TO WITHHOLD INFORMATION IN COM2 MUNICATIONS TO EMPLOYERS.—Section 843(h)(2) of title 

3 18, United States Code, is amended— 

4 (1) in subparagraph (A), by inserting ‘‘or in 

5 section 843(b)(1) (on grounds of terrorism) of this 

6 title’’ after ‘‘section 842(i)’’; and 

7 (2) in subparagraph (B)— 

8 (A) in the matter preceding clause (i), by 

9 inserting ‘‘or in section 843(b)(8),’’ after ‘‘sec10 tion 842(i),’’; and 

11 (B) in clause (ii), by inserting ‘‘, except 

12 that any information that the Attorney General 

13 relied on for a determination pursuant to sec14 tion 843(b)(8) may be withheld if the Attorney 

15 General concludes that disclosure of the infor16 mation would likely compromise national secu17 rity’’ after ‘‘determination’’. 

18 (r) CONFORMING AMENDMENT TO IMMIGRATION AND

19 NATIONALITY ACT.—Section 101(a)(43)(E)(ii) of the Im20 migration and Nationality Act (8 U.S.C. 

21 1101(a)(43)(E)(ii)) is amended by striking ‘‘or (5)’’ and 

22 inserting ‘‘(5), or (10)’’. 

Æ 


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