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Smokeless Power Act

Discussion in 'Politics, Elections & Legislation' started by j2jake, May 7, 2013.

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  1. j2jake

    j2jake Well-Known Member

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    Here we go again. Jake


    CongressBillsS. 792Bill TextS. 792: Explosive Materials Background Check Act
    113th Congress, 2013–2015. Text as of Apr 23, 2013 (Introduced).

    Status & Summary | PDF | Source: GPO
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    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
     
  2. grntitan

    grntitan Well-Known Member

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    IL(The gun friendly Southern Part)
    I'm sure GN7x7 will be along to tell us how it's just part of the compromise. Maybe how just former military should be able to access powder. How its a positive thing for us gun owners. Maybe how the make believe 90% is all for it.
     
  3. darr

    darr Well-Known Member

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    Thank God for the House of Representatives.I can't tell you all how important 2014 is to the USA.If the House is lost in 2014 so is the country.Nothing short of armed rebellion will save the country as we know it if the dems win the House in 2014.


    Darr
     
  4. morepowder

    morepowder TS Member

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    What about fireworks.
     
  5. j2jake

    j2jake Well-Known Member

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    Jan 29, 1998
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    As I understand, the bill origionaly was directed at Black Powder and ammended to include Smokeless. Untill the rights of the idiots who elect those out to kill the 2d Ammendent are attacked, we have a most difficult task ahead. Jake
     
  6. Model Number 12

    Model Number 12 TS Member

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    I've understood that the difference between smokeless powder and blackpowder is that smokeless is considered a propellant, while black powder actually does explode. If I remember my history correctly, black powder was used on construction projects until the advent of nitroglycerine.

    Have I missed something, or is this just another attempt by politicians to keep the peasents under their thumbs?
     
  7. bill1949

    bill1949 Well-Known Member

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  8. slide action

    slide action Well-Known Member

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    The liberal COMMIE POS will stop at nothing to reglate and tax the Gun and shooting industry out of existance!!!
     
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