ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

18 U.S.C. § 925DSpecial assistant U.S. attorneys and cross-deputized attorneys

submitted 4 years ago by Pub. L. 117-103 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 299 words · no verdicts yet

in plain englishAI-generated · not legal advice

To fight gun violence against intimate partners, the Attorney General may appoint local prosecutors as special federal attorneys. The Attorney General must identify at least 75 high-need areas and set up contact points to speed help. A "qualified" attorney is one licensed and in good standing.

(a) The Attorney General may appoint certain lawyers to help enforce the gun bans in section 922(g)(8) and (9). These lawyers can be state, tribal, territorial, or local prosecutors. They can also be government lawyers who already work for the United States. The Attorney General names them special assistant United States attorneys. They may then prosecute violations of those gun bans. The Attorney General may also deputize local police officers. This helps ATF agents investigate violations of the same gun bans. (b) The Attorney General must find at least 75 areas with high rates of gun violence against intimate partners. These can be states, territories, or tribal areas. They must be places where local authorities lack the resources to respond. The Attorney General must make appointments in these areas to cut gun deaths and injuries. The Attorney General must also set up contact points. One contact point goes in each ATF field division. Another goes in each U.S. Attorney's district office. These contacts speed up help for local police. The police are investigating cases of violence against intimate partners tied to the gun bans. (c) In this section, "qualified" means a licensed attorney in good standing with the relevant licensing group.

facts

- Codified at 18 U.S.C. § 925D, titled "Special assistant U.S. attorneys and cross-deputized attorneys." - Enacted by Pub. L. 117–103, div. W, title XI, § 1103(a), on March 15, 2022, 136 Stat. 921. - The statute contains 299 words and has one amendment (its original enactment) noted in the source credit. - Structured into three subsections: (a) General authority, (b) Improve Intimate Partner and Public Safety, and (c) Definition of "qualified."
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

In order to improve the enforcement of paragraphs (8) and (9) of section 922(g), the Attorney General may—

(1)

appoint, in accordance with section 543 of title 28, qualified State, Tribal, territorial and local prosecutors and qualified attorneys working for the United States government to serve as special assistant United States attorneys for the purpose of prosecuting violations of such paragraphs; and

(2)

deputize State, Tribal, territorial and local law enforcement officers for the purpose of enhancing the capacity of the agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in responding to and investigating violations of such paragraphs.

(b)Improve Intimate Partner and Public Safety.—

The Attorney General shall—

(1)

identify not fewer than 75 jurisdictions among States, territories and Tribes where there are high rates of firearms violence and threats of firearms violence against intimate partners and other persons protected under paragraphs (8) and (9) of section 922(g) and where local authorities lack the resources to address such violence;

(2)

make such appointments as described in subsection (a) in jurisdictions where enhanced enforcement of such paragraphs is necessary to reduce firearms homicide and injury rates; and

(3)

establish, in order to receive and expedite requests for assistance from State, Tribal, territorial, and local law enforcement agencies responding to intimate partner violence cases where such agencies have probable cause to believe that the offenders may be in violation of such paragraphs, points of contact within—

(A)

each Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and

(B)

each District Office of the United States Attorneys.

(c)Qualified Defined.—

For purposes of this section, the term “qualified” means, with respect to an attorney, that the attorney is a licensed attorney in good standing with any relevant licensing authority.

Source credit: (Added Pub. L. 117–103, div. W, title XI, § 1103(a), Mar. 15, 2022, 136 Stat. 921.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-103 · 136 Stat. 921
The source credit indicates that this section was added by Public Law 117-103, Division W, Title XI, § 1103(a), enacted March 15, 2022, and published at 136 Stat. 921. The record reflects no subsequent amendments to the section since its enactment; the single citation in the source credit accounts for its entire legislative history to date. Public Law 117-103 is the consolidated appropriations legislation for fiscal year 2022, a large omnibus measure that, as is common with such vehicles, incorporated numerous freestanding policy provisions alongside government funding matters. Division W of that law is generally understood to contain the text of the Bipartisan Safer Communities Act, legislation enacted in 2022 in response to a series of mass shootings that intensified public and congressional attention to firearms policy that year. That broader act is commonly described as addressing gun violence through measures including enhanced background checks, funding for mental health and school safety programs, and provisions aimed at closing enforcement gaps related to domestic violence and firearms possession. Beyond this general context, the record does not establish the specific legislative rationale behind § 925D's creation of special assistant U.S. attorney and cross-deputization authority tied to enforcement of section 922(g)(8) and (9). No committee reports, sponsor statements, or floor debate materials are included in the supplied source credit, and none should be assumed. The precise administrative or enforcement concerns that prompted this particular provision are not documented here.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case