42 U.S.C. § 2201a — Use of firearms by security personnel
submitted 80 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 467 words · no verdicts yet
The Commission may authorize qualifying security personnel to use specified firearms and related items for official protection duties. The section requires training, background checks, and Commission guidelines.
(a) Definitions. “Handgun,” “rifle,” “shotgun,” “firearm,” “ammunition,” “machinegun,” “short-barreled shotgun,” and “short-barreled rifle” have the meanings given in 18 U.S.C. § 921(a). This section does not define those terms.
(b) Authorization. Despite the listed Federal firearms provisions and any State* or local law that prohibits transferring, receiving, possessing, transporting, importing, or using the listed guns, weapons, ammunition, or large-capacity ammunition-feeding devices, the Commission* may authorize security personnel of a Commission licensee or certificate holder, including a contractor employee, to do those things with one or more of those items. The Commission must determine that (1) the authorization is needed for the personnel's official duties; and (2) the personnel (A) are not otherwise barred by Federal or State law from possessing or receiving a firearm; (B) completed the training this section requires on firearms and tactical maneuvers; (C) are protecting (i) a Commission-designated facility owned or operated by a licensee or certificate holder, or (ii) radioactive material or other property owned or possessed by such a person, or being transported to or from such a facility, that the Commission finds important to common defense and security* or public health and safety; and (D) are performing their official duties while transferring, receiving, possessing, transporting, or importing the items.
(c) Background checks. Anyone who receives, possesses, transports, imports, or uses an item under subsection (b) is subject to an Attorney General fingerprint-based background check, including the check under section 103(b) of the Brady Handgun Violence Prevention Act, to determine whether Federal or State law bars that person from possessing or receiving a firearm.
(d) Effective date. This section takes effect when the Commission, with the Attorney General’s approval, issues guidelines to carry it out.
In this section, the terms “handgun”, “rifle”, “shotgun”, “firearm”, “ammunition”, “machinegun”, “short-barreled shotgun”, and “short-barreled rifle” have the meanings given the terms in section 921(a) of title 18.
Notwithstanding subsections (a)(4), (a)(5), (b)(2), (b)(4), and (o) of section 922 of title 18, section 925(d)(3) of title 18, section 5844 of title 26, and any law (including regulations) of a State* or a political subdivision of a State that prohibits the transfer, receipt, possession, transportation, importation, or use of a handgun, a rifle, a shotgun, a short-barreled shotgun, a short-barreled rifle, a machinegun, a semiautomatic assault weapon, ammunition for any such gun or weapon, or a large capacity ammunition feeding device, in carrying out the duties of the Commission*, the Commission may authorize the security personnel of any licensee or certificate holder of the Commission (including an employee of a contractor of such a licensee or certificate holder) to transfer, receive, possess, transport, import, and use 1 or more such guns, weapons, ammunition, or devices, if the Commission determines that—
the authorization is necessary to the discharge of the official duties of the security personnel; and
the security personnel—
are not otherwise prohibited from possessing or receiving a firearm under Federal or State laws relating to possession of firearms by a certain category of persons;
have successfully completed any requirement under this section for training in the use of firearms and tactical maneuvers;
are engaged in the protection of—
a facility owned or operated by a licensee or certificate holder of the Commission that is designated by the Commission; or
radioactive material or other property owned or possessed by a licensee or certificate holder of the Commission, or that is being transported to or from a facility owned or operated by such a licensee or certificate holder, and that has been determined by the Commission to be of significance to the common defense and security* or public health and safety; and
are discharging the official duties of the security personnel in transferring, receiving, possessing, transporting, or importing the weapons, ammunition, or devices.
A person that receives, possesses, transports, imports, or uses a weapon, ammunition, or a device under subsection (b) shall be subject to a background check by the Attorney General, based on fingerprints and including a background check under section 103(b) of the Brady Handgun Violence Prevention Act (Public Law 103–159; 18 U.S.C. 922 note) 1 to determine whether the person is prohibited from possessing or receiving a firearm under Federal or State law.
This section takes effect on the date on which guidelines are issued by the Commission, with the approval of the Attorney General, to carry out this section.
Source credit: (Aug. 1, 1946, ch. 724, title I, § 161A, as added Pub. L. 109–58, title VI, § 653, Aug. 8, 2005, 119 Stat. 811.)
- 1946Enacted · Pub. L. 109-58 · 119 Stat. 811
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 1946-08-01.
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