Predator Intelligence

Thursday, May 2, 2013

S.792 Explosive Materials Background Check Act Revealed

It has been made perfectly clear that the United States Federal Government has not given up the fight for added gun control. On the heels of the Boston Marathon Bombing, additional legislation has been introduced in the Senate designated as S.792 with the so called title of "Explosive Materials Background Check Act. We have provided the full text of the below at the bottom of the post, but first we put it into context by amending Chapter 40 of Title 18 of United States Code to show you exactly what the bill proposes in changing this nations laws. You can see struck items highlighted in Red and additions highlighted in Yellow. 

Interestingly the main inclusion, which should be made quite aware to supporters of the 2nd amendment is the inclusion of smokeless powder and "black powder substitutes" as an explosive and thus falling under the same regulations, necessary permits for purchase, and proper storage. This has huge ramifications with smokeless powder being the main propellant utilized in modern firearms ammunition. Another subtle, but significant change is the definition of "Manufacturer" for explosives, which is now changed from one who is "in the business of manufacturing explosive materials....for his own use" to simply "manufacturing....for his own use". We are not legal experts, but we can definitely see some big issues in how this would be written if this bill passed. 

Chapter 40 will still exclude small arms ammunition components, however they amended that part so that it does not include smokeless powder or black powder substitutes in the exclusion, which makes things quite perplexing regarding the ramification for the lawful purchase of ammo if this bill passes.

Keep in mind the areas not highlighted are already law, so they would not change if this bill failed. Other changes made include making it illegal to distribute explosives to someone with a restraining order, convicted of domestic violence, or if the attorney general has determined the transaction is aiding terrorism. The new amendments would also provide the Attorney General with discretion to not provide any explosives licenses and permits if believed to aid terrorism. Also, the Attorney General's reasoning for such measures can be withheld if revealing such information would be a matter of national security. 

These measures appear to be a direct reaction to recent events and could be used as a means to ram the bill through congress. Clearly this is our interpretation and you can read through the documentation provided to come to your own conclusion. We recommend contacting your Senator and notify them that we will not stand for such legislation infringing on our rights protected by the 2nd Amendment. The ideal that we would need to acquire such permits for smokeless powder is preposterous and should not even be up for debate. 





S.792 -- Explosive Materials Background Check Act (Introduced in Senate - IS)


S 792 IS

113th CONGRESS
1st Session

S. 792

To strengthen the enforcement of background checks with respect to the use of explosive materials.



IN THE SENATE OF THE UNITED STATES
April 23, 2013

Mr. REID (for Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL
To strengthen the enforcement of background checks with respect to the use of explosive materials.

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 `Explosive Materials Background Check Act'.
SEC. 2. EXPLOSIVE MATERIALS BACKGROUND CHECKS.

(a) Amendments to Title 18- Chapter 40 of title 18, United States Code, is amended--

(1) in section 841--

(A) in subsection (d), by inserting `smokeless powder and black powder substitutes,' after `black powder,'; and

(B) in subsection (h), by striking `the business of';

(2) in section 842--

(A) in subsection (d)--

(i) in paragraph (9), by striking the period and inserting a semicolon; and

(ii) inserting at the end the following:

`(10) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that--

`(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

`(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

`(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;

`(11) has been convicted in any court of a misdemeanor crime of domestic violence; or

`(12) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title.'; and

(B) in subsection (i)--

(i) in paragraph (7), by inserting a semicolon after `person';

(ii) inserting at the end the following:

`(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that--

`(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

`(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

`(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;

`(9) has been convicted in any court of a misdemeanor crime of domestic violence; or

`(10) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title.';

(3) in section 843--

(A) in subsection (b)--

(i) by striking `Upon' and inserting `Except as provided in subsection (j), upon';
(ii) in paragraph (6), by striking `and' after the semicolon;
(iii) in paragraph (7), by striking the period and inserting `; and'; and
(iv) by inserting at the end the following:

`(8) in the case of a limited permit holder, the applicant certifies the permit will only be used to purchase black powder, black powder substitute, and smokeless powder in which case the limitation in paragraph (7) shall not apply.';

(B) in subsection (d)--

(i) by inserting `(1)' after `(d)';

(ii) by striking `if in the opinion' and inserting the following: `if--

`(A) in the opinion'; and

(iii) 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'; and

(C) in subsection (e)--

(i) 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 (j) or (d)(1)(B), 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

(ii) 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 (j) or (d)(1)(B), 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.';

(D) in subsection (h)(2)--

(i) in subparagraph (A), by inserting `or in subsection (j) of this section (on grounds of terrorism)' after `section 842(i)'; and

(ii) in subparagraph (B)--

(I) in the matter preceding clause (i), by inserting `or in subsection (j) of this section,' after `section 842(i),'; and

(II) in clause (ii), by inserting `, except that any information that the Attorney General relied on for a determination pursuant to subsection (j) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security' after `determination' ; and

(E) by inserting at the end the following:

`(j) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- 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.'; and

(4) in section 845(a)--

(A) in paragraph (4), by inserting after `and components thereof' the following: `, except for smokeless powder and black powder substitutes'; and

(B) in paragraph (5), by striking `black powder in quantities not to exceed fifty pounds,'.

(b) Guidelines-

(1) IN GENERAL- The Attorney General shall issue guidelines describing the circumstances under which the Attorney General will exercise the authority and make determinations under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act.

(2) CONTENTS- The guidelines issued under paragraph (1) shall--

(A) provide accountability and a basis for monitoring to ensure that the intended goals for, and expected results of, the grant of authority under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act, are being achieved; and

(B) ensure that terrorist watch list records are used in a manner that safeguards privacy and civil liberties protections, in accordance with requirements outlines in Homeland Security Presidential Directive 11 (dated August 27, 2004).


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