Norfolk Nebraska TEA Party

“ A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed. ”

 

There are a pair of bills going through the House and Senate that on the surface appear to be "good for the country", but have a scary side to them. The two bills are HR2159 and S. 1317, (The Denying Firearms and Explosives to Dangerous Terrorists Act of 2009) are below....

Among the major concerns with this legislation is that if you are denied the RIGHT to purchase a firearm or ammunition, and take Homeland Security to court, under the bill, all they have to do is tell the judge that you are on their watch list for reasons of National Security. The judge must decide in their favor - and your rights are gone.

In Section 922B the bill provides a definition for terrorism which is defined as the following.

‘(36) The term ‘terrorism’ means ‘international terrorism’ as defined in section 2331(1), and ‘domestic terrorism’ as defined in section 2331(5).

The Attorney General would use this definition of terrorism in their decision making process. Looking at just the definition of domestic terrorism in U.S. Code, it becomes obvious why we should be concerned. Below is the definition of domestic terrorism.

(5) the term "domestic terrorism" means activities that -

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

(B) appear to be intended –
(i) to intimidate or coerce a civilian population; (emphasis added)
(ii) to influence the policy of a government by intimidation or coercion; or (emphasis added)
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and


(g) Attorney General’s 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 General’s 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.’.


With this broad definition of domestic terrorism in mind, a radio talk show host or an individual operating a web site, or a person speaking up at a TEA Party could be considered a domestic terrorist because they could be considered to be coercing a civilian population. A person who write a Letter to the Editor of the newspaper or a letter to a Senator or Representative in an attempt to get an elected official to change his vote could be viewed as attempting to "influence the policy of a government" .

-Carl

Denying Firearms and Explosives to Dangerous Terrorists Act of 2009 (Introduced in House)

HR 2159 IH

Denying Firearms and Explosives to Dangerous Terrorists Act of 2009

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

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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 General's 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 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 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.

`(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.'.

(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 (8);

(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 (8);

(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 General's 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 General's 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 General's 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 General's determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General's determination on a showing by the United States by a preponderance of evidence that the Attorney General's 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 court's 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 General's 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 General's determination made pursuant to section 843(b)(8) 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:

`(8) who has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) 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 (8), on'; and

(2) by inserting after paragraph (7) the following:

`(8) 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 General's 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)(8) 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)(8) 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)(8)' 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)(8) 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)'.

Important parts of the bill are below

`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.

(g) Attorney General's Ability To Withhold Information in Firearms License Denial and Revocation Suit-

(1) IN GENERAL- Section 923(f)(1) of title 18, United States Code, is amended by inserting after the first sentence the following: `However, if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), any information upon 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.'.

(2) SUMMARIES- Section 923(f)(3) of title 18, United States Code, is amended by inserting after the third 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 upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.

(h) Attorney General's Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925(c) of title 18, United States Code, is amended by inserting after the third sentence the following: `If the person is subject to a disability under section 922(g)(10) of this title, 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 upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.

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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 2007'.
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--

(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 of this title' before the semicolon;
(2) in paragraph (2), in the matter preceding subparagraph (A), by inserting `, or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A of this title' after `or State law';
(3) in paragraph (3)--

(A) in subparagraph (A)--

(i) in clause (i)--

(I) in subclause (I), by striking `and' at the end; and
(II) by adding at the end the following:
(III) was issued after a check of the system established pursuant to paragraph (1);';

(ii) in clause (ii), by inserting `and' after the semicolon; and
(iii) by adding at 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 of this title;';
(4) in paragraph (4), by inserting `, or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A of this title' after `or State law'; and
(5) in paragraph (5), by inserting `, or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A of this title' after `or State law'.
(c) Unlawful Sale or Disposition of Firearm Based Upon Attorney General Discretionary Denial- Section 922(d) of title 18, United States Code, is amended--

(1) in paragraph (8), by striking `or' at the end;
(2) in paragraph (9), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
(10) has been the subject of a determination by the Attorney General under section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.'.
(d) Attorney General Discretionary Denial as Prohibitor- Section 922(g) of title 18, United States Code, is amended--

(1) in paragraph (8), by striking `or' at the end;
(2) in paragraph (9), by striking the comma at the end and inserting `; or'; and
(3) by inserting after paragraph (9) the following:
(10) who has received actual notice of the Attorney General's determination made under 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 title 18, United States Code, is amended--

(1) in the matter preceding subparagraph (A), by striking `Any' and inserting `Except as provided in subparagraph (H), any';
(2) in subparagraph (F), 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 or resources for terrorism, 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 title 18, United States Code, is amended--

(1) by inserting `(1)' after `(e)';
(2) by striking `revoke any license' and inserting the following: `revoke--
(A) any license';
(3) by striking `. The Attorney General may, after notice and opportunity for hearing, revoke the license' and inserting the following: `;
(B) the license'; and
(4) by striking `. The Secretary's action' and inserting the following: `; or
(C) any license issued under this section if the Attorney General determines that the holder of such 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 or resources for terrorism, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.
(2) The Attorney General's action'.
(g) Attorney General's Ability To Withhold Information in Firearms License Denial and Revocation Suit-

(1) IN GENERAL- Section 923(f)(1) of title 18, United States Code, is amended by inserting after the first sentence the following: `However, if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), any information upon 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.'.
(2) SUMMARIES- Section 923(f)(3) of title 18, United States Code, is amended by inserting after the third 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 upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.
(h) Attorney General's Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925(c) of title 18, United States Code, is amended by inserting after the third sentence the following: `If the person is subject to a disability under section 922(g)(10) of this title, 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 upon, 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 title 18, United States Code, is amended--

(1) in paragraph (2), by striking `or' at the end;
(2) in paragraph (3), by striking the comma at the end and inserting `; or'; and
(3) by inserting after paragraph (3) the following:
(4) constitutes an act of terrorism, or providing material support or resources for terrorism,'.
(j) Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption-

(1) IN GENERAL- Section 925A of title 18, United States Code, is amended--

(A) in the section heading, by striking `Remedy for erroneous denial of firearm' and inserting `Remedies';
(B) 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 subsection (t) of section 922 or a firearm permit pursuant to a determination made under section 922B'; and

(C) by adding at 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 of this title or has made a determination regarding a firearm permit applicant pursuant to section 922B of this title, an action challenging the determination may be brought against the United States. The petition shall be filed not later than 60 days after the petitioner has received actual notice of the Attorney General's determination under section 922A or 922B of this title. The court shall sustain the Attorney General's determination upon a showing by the United States by a preponderance of evidence that the Attorney General's determination satisfied the requirements of section 922A or 922B, as the case may be. To make this showing, 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. Upon request of the petitioner or the court's 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 General's determination satisfies the requirements of section 922A or 922B.'.

(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections at the beginning of chapter 44 of title 18, United States Code, is amended by striking the item relating to section 925A and inserting the following:
925A. Remedies.'.
(k) Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System- Section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended--

(1) in subsection (f), by inserting `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,' after `is ineligible to receive a firearm';
(2) in subsection (f), by inserting `except any information for which the Attorney General has determined that disclosure would likely compromise national security,' after `reasons to the individual,'; and
(3) in subsection (g)--

(A) the first sentence--

(i) by inserting `or if the Attorney General has made a determination pursuant to section 922A or 922B of title 18, United States Code,' after `or State law,'; and
(ii) by inserting `, except any information for which the Attorney General has determined that disclosure would likely compromise national security' before the period at the end ; and
(B) 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 Upon Attorney General Discretionary Denial- Section 842(d) of title 18, United States Code, is amended--

(1) in paragraph (9), by striking the period and inserting `; or'; and
(2) by adding at the end the following:
(10) has received actual notice of the Attorney General's determination made pursuant to subsection (b)(8) or (d)(2) of section 843 of this title.'.
(m) Attorney General Discretionary Denial as Prohibitor- Section 842(i) of title 18, United States Code, is amended--

(1) in paragraph (7), by inserting `; or' at the end; and
(2) by inserting after paragraph (7) the following:
(8) who has received actual notice of the Attorney General's determination made pursuant to subsection (b)(8) or (d)(2) of section 843 of this title,'.
(n) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- Section 843(b) of title 18, United States Code, is amended--

(1) by striking `Upon' and inserting `Except as provided in paragraph (8), upon'; and
(2) by adding at the end the following:
(8) 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.'.
(o) Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits- Section 843(d) of title 18, United States Code, is amended--

(1) by inserting `(1)' after `(d)';
(2) by striking `if in the opinion' and inserting the following: `if--
(A) in the opinion'; and
(3) 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'.
(p) Attorney General's Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits- Section 843(e) of title 18, United States Code, is amended--

(1) 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 (b)(8) or (d)(2) of section 843 of this title, 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
(2) 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 (b)(8) or (d)(2) of section 843, 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.'.
(q) Ability To Withhold Information in Communications to Employers- Section 843(h)(2) of title 18, United States Code, is amended--

(1) in subparagraph (A), by inserting `or in section 843(b)(1) (on grounds of terrorism) of this title' after `section 842(i)'; and
(2) in subparagraph (B)--

(A) in the matter preceding clause (i), by inserting `or in section 843(b)(8),' 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)(8) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security' after `determination'.
(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)'.