§2201a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Allows the Commission to let security staff of any of its licensees or certificate holders (including contractor employees) have, move, import, receive, or use one or more guns, weapons, ammunition, or large-capacity feeding devices even if other federal or state rules would normally ban them. The covered items include handguns, rifles, shotguns, short-barreled guns, machineguns, semiautomatic assault weapons, and ammunition, as those words are defined in 18 U.S.C. 921(a). The Commission may give permission only if it finds the authorization is needed for the security job, the person is not already barred from owning firearms under federal or state law, the person has finished required firearms and tactical training, the person is protecting a facility or radioactive/other property the Commission has designated as important to defense, security, or public health, and the person is acting in an official duty when handling the items. Anyone who is authorized must pass a fingerprint-based background check run by the Attorney General, including the Brady Act check, to confirm they are not legally prohibited from having firearms. The rule becomes effective when the Commission issues guidelines that the Attorney General approves.

Title 42, §2201a

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

(a)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)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)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) 11 See References in Text note below. to determine whether the person is prohibited from possessing or receiving a firearm under Federal or State law.

(d)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