§925D — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

The Attorney General can appoint qualified state, tribal, territorial, and local prosecutors, and federal attorneys, to serve as special assistant U.S. attorneys to charge people who violate paragraphs (8) and (9) of section 922(g). The Attorney General can also give state, tribal, territorial, and local law officers temporary federal authority to help ATF agents investigate and respond to those violations. The Attorney General must pick at least 75 jurisdictions with high gun violence and limited local resources, make the needed appointments there to lower gun deaths and injuries, and set up contacts in every ATF Field Division and every U.S. Attorney District Office so local agencies can quickly ask for help in intimate partner violence cases when they have probable cause that someone may be violating 922(g)(8) or (9). A “qualified” attorney means one who is licensed and in good standing.

Title 18, §925D

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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)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.

Statutory Notes and Related Subsidiaries

Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.

§925D Special Assistant U.s. Attorneys and Cross-deputized Attorneys

Summary

Title 18, §925D

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata