42 U.S.C. § 2201a: Use of firearms by security…

Summary

Allows the Commission to let security staff of any licensee or certificate holder (including contractor employees) transfer, receive, possess, transport, import, and use handguns, rifles, shotguns, short‑barreled guns, machineguns, semiautomatic assault weapons, ammunition, or large‑capacity feeding devices even if other federal, state, or local laws would normally ban those items. The Commission may do this only if it finds the authorization is needed for the job and the security staff are not otherwise barred from having firearms, have finished required firearms and tactics training, are protecting a facility the Commission names or radioactive/other property the Commission says is important to defense or public health and safety, and are acting in their official duties. Anyone given this authority must pass a fingerprint‑based background check by the Attorney General, including the check under section 103(b) of the Brady Handgun Violence Prevention Act (Public Law 103–159; 18 U.S.C. 922 note). The rule starts when the Commission issues guidelines that the Attorney General approves. Definitions: handgun, rifle, shotgun, firearm, ammunition, machinegun, short‑barreled shotgun, and short‑barreled rifle have the meanings in 18 U.S.C. 921(a).

Title 42, §2201a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions

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.

(b)Authorization

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—

(1)the authorization is necessary to the discharge of the official duties of the security personnel; and

(2)the security personnel—

(A)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;

(B)have successfully completed any requirement under this section for training in the use of firearms and tactical maneuvers;

(C)are engaged in the protection of—

(i)a facility owned or operated by a licensee or certificate holder of the Commission that is designated by the Commission; or

(ii)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

(D)are discharging the official duties of the security personnel in transferring, receiving, possessing, transporting, or importing the weapons, ammunition, or devices.

(c)Background checks

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) to determine whether the person is prohibited from possessing or receiving a firearm under Federal or State law.

(d)Effective date

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 103 of the Brady Handgun Violence Prevention Act, referred to in subsec. (c), is section 103 of Pub. L. 103–159, which was classified as a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification as section 40901 of Title 34, Crime Control and Law

Enforcement

. Guidelines to carry out this section, referred to in subsec. (d), were issued effective Sept. 11, 2009, see 74 F.R. 46800.

§2201a Use of Firearms by Security Personnel