S 2089 IS

107th CONGRESS

2d Session

S. 2089
To combat criminal misuse of explosives.

IN THE SENATE OF THE UNITED STATES

April 11, 2002
Mr. TORRICELLI introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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A BILL
To combat criminal misuse of explosives.

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 `Dangerous Explosives Background Checks Requirement Act'.

SEC. 2. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES.

(a) PERMITS FOR PURCHASE OF EXPLOSIVES IN GENERAL-

(1) IN GENERAL- Section 842 of title 18, United States Code, is amended--

(A) in subsection (a)(3), by striking subparagraphs (A) and (B) and inserting the following:

`(A) to transport, cause to be transported, ship, or receive any explosive materials; or

`(B) to distribute explosive materials to any person other than a licensee or permittee.'; and

(B) in subsection (b)--

(i) in paragraph (1), by adding `or' at the end;

(ii) in paragraph (2), by striking `; or' and inserting a period; and

(iii) by striking paragraph (3).

(2) REGULATIONS-

(A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall promulgate final regulations with respect to the amendments made by paragraph (1).

(B) NOTICE TO STATES- On the promulgation of final regulations under subparagraph (A), the Secretary of the Treasury shall notify the States of the regulations in order that the States may consider legislation to amend relevant State laws relating to explosives.

(b) BACKGROUND CHECKS- Section 842 of title 18, United States Code, is amended by adding at the end the following:

`(q) BACKGROUND CHECKS-

`(1) DEFINITIONS- In this subsection:

`(A) CHIEF LAW ENFORCEMENT OFFICER- The term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of such an individual.

`(B) SYSTEM- The term `system' means the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note).

`(2) PROHIBITION- A licensed importer, licensed manufacturer, or licensed dealer shall not transfer explosive materials to a permitee unless--

`(A) before the completion of the transfer, the licensee contacts the system;

`(B)(i) the system provides the licensee with a unique identification number; or

`(ii) 5 days on which State offices are open have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate subsection (i);

`(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d)) of the transferee containing a photograph of the transferee; and

`(D) the transferor has examined the permit issued to the transferee under section 843 and recorded the permit number on the record of the transfer.

`(3) IDENTIFICATION NUMBER- If receipt of explosive materials would not violate section 842(i) or State law, the system shall--

`(A) assign a unique identification number to the transfer; and

`(B) provide the licensee with the number.

`(4) EXCEPTIONS- Paragraph (2) shall not apply to a transfer of explosive materials between a licensee and another person if, on application of the transferor, the Secretary has certified that compliance with paragraph (2)(A) is impracticable because--

`(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;

`(B) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and

`(C) there is an absence of telecommunications facilities in the geographical area in which the business premises are located.

`(5) INCLUSION OF IDENTIFICATION NUMBER- If the system notifies the licensee that the information available to the system does not demonstrate that the receipt of explosive materials by the transferee would violate subsection (i) or State law, and the licensee transfers explosive materials to the transferee, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer.

`(6) PENALTIES- If the licensee knowingly transfers explosive materials to another person and knowingly fails to comply with paragraph (2) with respect to the transfer, the Secretary may, after notice and opportunity for a hearing--

`(A) suspend for not more than 6 months, or revoke, any license issued to the licensee under section 843; and

`(B) impose on the licensee a civil penalty of not more than $5,000.

`(7) NO LIABILITY- Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the system shall be liable in an action at law for damages--

`(A) for failure to prevent the transfer of explosive materials to a person whose receipt or possession of the explosive material is unlawful under this section; or

`(B) for preventing such a transfer to a person who may lawfully receive or possess explosive materials.

`(8) DETERMINATION OF INELIGIBILITY-

`(A) WRITTEN REASONS PROVIDED ON REQUEST-

`(i) IN GENERAL- If the system determines that an individual is ineligible to receive explosive materials and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, not later than 5 business days after the date of the request.

`(ii) INELIGIBILITY DUE TO VIOLATION- If the system informs an individual contacting the system that receipt of explosive materials by a prospective transferee would violate subsection (i) or applicable State law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons for the determination.

`(B) TREATMENT OF REQUESTS- On receipt of a request under subparagraph (A), the Attorney General shall immediately comply with the request.

`(C) SUBMISSION OF ADDITIONAL INFORMATION-

`(i) IN GENERAL- A prospective transferee may submit to the Attorney
General information to correct, clarify, or supplement records of the system with respect to the prospective transferee.

`(ii) ACTION BY THE ATTORNEY GENERAL- After receiving information under clause (i), the Attorney General shall--

`(I) immediately consider the information;

`(II) investigate the matter further;

`(III) correct all erroneous Federal records relating to the prospective transferee; and

`(IV) give notice of the error to any Federal department or agency or any State that was the source of such erroneous records.'.

(c) REMEDY FOR ERRONEOUS DENIAL OF EXPLOSIVE MATERIALS-

(1) IN GENERAL- Chapter 40 of title 18, United States Code, is amended by inserting after section 843 the following:

`Sec. 843A. Remedy for erroneous denial of explosive materials

`(a) IN GENERAL- Any person denied explosive materials under section 842(q)--

`(1) due to the provision of erroneous information relating to the person by any State or political subdivision of a State or by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note); or

`(2) who was not prohibited from receiving explosive materials under section 842(i),

may bring an action against an entity described in subsection (b) for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be.

`(b) ENTITIES DESCRIBED- An entity referred to in subsection (a) is--

`(1) the State or political subdivision responsible for--

`(A) providing the erroneous information referred to in subsection (a)(1); or

`(B) denying the transfer of explosives; or

`(2) the United States.

`(c) ATTORNEY'S FEES- In any action brought under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.'.

(2) TECHNICAL AMENDMENT- The analysis for chapter 40 of title 18, United States Code, is amended by inserting after the item relating to section 843 the following:

`843A. Remedy for erroneous denial of explosive materials.'.

(d) LICENSES AND USER PERMITS- Section 843(a) of title 18, United States Code, is amended--

(1) by striking `shall be in such form and contain such information' and inserting `shall include fingerprints and a photograph of the applicant, and shall be in such form and contain such other information'; and

(2) by striking the second sentence and inserting the following: `Each applicant for a license shall pay for each license a fee established by the Secretary in an amount not to exceed $300. Each applicant for a permit shall pay for each permit a fee established by the Secretary in an amount not to exceed $100.'.

(e) PENALTIES- Section 844(a) of title 18, United States Code, is amended--

(1) in paragraph (1), by striking `and' at the end;

(2) in paragraph (2), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following:

`(3) violates section 842(q) shall be fined under this title, imprisoned not more than 5 years, or both.'.

(f) EFFECTIVE DATE- The amendments made by subsections (a), (b), (c), and (e) shall take effect 18 months after the date of enactment of this Act.

George

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Shoot straight, shoot often, but by all means, use enough gun!

One never knows what these clowns are up to. I see a Brady reference - so I can see where they'r going with this. They have already framed the 2nd as a "tax" issue, a "sporting" or "unsporting" issue, and issue of who is and who is not "authorized". Clearly, the authority for our government to make these distinctions is lacking. Being fully aware of that, our Congres critters try the back door approach.

In any case, the best solution is'nt to strike sub-paragraph a from sub-section b, but to strike these knuckleheads from the ballot.

Most get a book from the library and learn to make their own, like other items which are against the law to have in ones possession.

quote:

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Originally posted by T/Jazz:
Well it wouldn't bother this person. I don't think criminals or terrorist would bother to purchase the finished product anyway. Most of them would just steal it from the military or someother place that stores the goods.

Most get a book from the library and learn to make their own, like other items which are against the law to have in ones possession.

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T/Jazz- So who would be affected by this?-----Chainsaw

The problem with all this "feel good" legislation is that -- as amply demonstrated by Timothy McVeigh -- fertilizer and diesel oil are high explosive. "Taggants" once thought to be the "answer" to tracking explosives, if placed in anything with nitrogen would result in most everything in current human use being "tagged" as a potential explosive.

Gasoline is an explosive material. Somebody needs to come to their senses.

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.223 Ackley Improved Wildcat Forum:
http://www.hotboards.com/plus/plus.mirage?who=223ackleyimproved

The exceptions are for "ammunition components" -- such as smokeless powder -- and for black powder in quantities less than 50 pounds that is used for historical, cultural, or sporting purposes in antique firearms or devices such as cannon.

So if you are using smokeless, or if you use more than 50 lbs. of black powder at a time (which is a heck of a heap of powder) or you use black powder for something other than shooting guns, the bill might apply.

A more serious problem is that the bill would use the instant check system (NICS) for the checks, which would create a potential overload and require a good deal of reprogramming. NICS can currently barely handle its gun traffic efficiently, although AG Ashcroft has been making some improvements.

John Frazer
NRA Federal Affairs

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For evil to prosper, good men must do nothing. (Burke)