To be Voted on Week of 7/7/2016.

This Bill below will be voted on next week.
It is an anti-terrorism bill requiring due process before firearm purchases are denied for suspicion of terrorism, DOJ record keeping requirements, and scrubbing of wrongly accused persons from terror watch lists and no-fly lists.

  • I am told the parts requiring a court order to be obtained (due-process) before a firearm purchase is denied due to terrorist suspicion has NRA support.
  • The DOJ would be required to keep a record of all the orders of denial they request from the courts and report to congress the results of those requests.
  • There is also a provision that would require the DOJ to scrub the no fly list and all other watch lists of any names erroneously placed on them.

I’m no attorney, but this bill seems to do a pretty god job of holding the DOJ responsible for their actions and keeping those actions under close scrutiny. 

I was also told the Democrats are not in favor of it; they don’t like the idea of due process.

SECTION 1. SHORT TITLE.

This Act may be cited as the `Protect America Act of 2015′.

SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF FIREARMS TO KNOWN OR SUSPECTED TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING ATTEMPTED FIREARMS PURCHASES BY KNOWN OR SUSPECTED TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE FIREARMS.

(a) Short Title- This section may be cited as the `Preventing Terrorists From Obtaining Firearms Act of 2015′.

(b) Amendment- Section 922(t) of title 18, United States Code, is amended by adding at the end the following:

`(7)(A) If the Attorney General is notified of a request to transfer a firearm to a person who is a known or suspected terrorist, the Attorney General shall–

`(i) as appropriate, take further steps to confirm the identity of the prospective transferee and confirm or rule out the suspected nexus to terrorism of the prospective transferee;

`(ii) as appropriate, notify relevant Federal, State, or local law enforcement agencies or intelligence agencies concerning the identity of the prospective transferee; and

`(iii) determine whether the prospective transferee is already the subject of an ongoing terrorism investigation and, as appropriate, initiate such an investigation.

`(B) Upon being notified of a prospective transfer under subparagraph (A), the Attorney General or the United States attorney for the district in which the licensee is located may–

`(i) delay the transfer of the firearm for a period not to exceed 72 hours; and

`(ii) file an emergency petition in a court of competent jurisdiction to prohibit the transfer of the firearm.

`(C)(i) An emergency petition filed under subparagraph (B) shall be granted upon a showing of probable cause to believe that the prospective transferee has committed or is furthering a plan to commit an act of terrorism.

`(ii) An emergency petition filed under subparagraph (B) to prohibit the transfer of a firearm may be granted only after a hearing–

`(I) of which the prospective transferee receives actual notice; and

`(II) at which the prospective transferee has an opportunity to participate with counsel.

`(D) For purposes of this paragraph–

`(i) the term `known or suspected terrorist’ means a person determined by the Attorney General to be 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;

`(ii) the term `material support or resources’ has the meaning given the term in section 2339A; and

`(iii) the term `terrorism’ includes international terrorism and domestic terrorism, as defined in section 2331.’.

SEC. 3. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF EXPLOSIVES TO KNOWN OR SUSPECTED TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING ATTEMPTED EXPLOSIVES PURCHASES BY KNOWN OR SUSPECTED TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE EXPLOSIVES.

(a) Short Title- This section may be cited as the `Preventing Terrorists From Obtaining Explosives Act of 2015′.

(b) Amendment- Section 843 of title 18, United States Code, is amended by adding at the end the following:

`(j)(1) If the Attorney General receives an application for a user permit, limited permit, or license to import, manufacture, or deal in explosive materials from a person who is a known or suspected terrorist, or receives information under subsection (h) about a responsible person or employee who is a known or suspected terrorist, the Attorney General shall–

`(A) as appropriate, take further steps to confirm the identity of the applicant, responsible person, or employee and confirm or rule out the suspected nexus to terrorism of the applicant, responsible person, or employee;

`(B) as appropriate, notify relevant Federal, State, or local law enforcement agencies or intelligence agencies concerning the identity of the applicant, responsible person, or employee; and

`(C) determine whether the applicant, responsible person, or employee is the subject of an ongoing terrorism investigation and, as appropriate, initiate such an investigation.

`(2) Upon receipt of an application or information described in paragraph (1), the Attorney General or the United States attorney for the district in which the applicant, responsible person, or employee is located may–

`(A) for a period not to exceed 90 days, delay the approval of the application or the determination to issue a letter of clearance under subsection (h), as the case may be; and

`(B) file an emergency petition in a court of competent jurisdiction to prohibit the approval of the application or the issuance of a letter of clearance under subsection (h), as the case may be.

`(3)(A) An emergency petition filed under paragraph (2) shall be granted upon a showing of probable cause to believe that the applicant, responsible person, or employee has committed or is furthering a plan to commit an act of terrorism.

`(B) An emergency petition filed under paragraph (2) may be granted only after a hearing–

`(i) of which the applicant, responsible person, or employee receives actual notice; and

`(ii) at which the applicant, responsible person, or employee has an opportunity to participate with counsel.

`(4) For purposes of this subsection–

`(A) the term `known or suspected terrorist’ means a person determined by the Attorney General to be 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;

`(B) the term `material support or resources’ has the meaning given the term in section 2339A; and

`(C) the term `terrorism’ includes international terrorism and domestic terrorism, as defined in section 2331.’.

SEC. 4. SUNSET.

The amendments made by sections 2 and 3 shall cease to have effect after the 3-year period that begins with the date of the enactment of this Act.

SEC. 5. REPORTS TO CONGRESS.

Not earlier than 18 months after the date of the enactment of this Act and not later than 3 years after such date of enactment, the Attorney General shall submit to the Congress a written report on the petitions filed and court orders granted under sections 2 and 3, including–

(1) the number of petitions so filed;

(2) the number of orders so granted;

(3) the number of petitions that were denied;

(4) the disposition of any arrest made after such an order was granted, including any charges brought and the outcome of those charges;

(5) with respect to each of the matters described in paragraphs (1) through (4), whether the subject of the petition or order was a United States citizen or foreign national and whether the allegations involved domestic terrorism or international terrorism;

(6) for any such order issued against a foreign national, whether a deportation proceeding was initiated against the individual and, if so, the outcome of the deportation proceeding; and

(7) whether multiple petitions were filed against any individual.

SEC. 6. CORRECTION OF THE TERRORIST WATCH LIST AND `NO-FLY LIST’.

Within 90 days after the date of the enactment of this Act, the Attorney General shall–

(1) review the terrorist watch list and the no-fly list referred to in section 44903(j) of title 49, United States Code, and any other list used by the Transportation Security Administration for purposes of identifying individuals who are prohibited from boarding aircraft because they pose a threat of terrorism, and remove from any such list the name of any person erroneously placed on the list or otherwise is not a known or suspected terrorist; and

(2) submit to the Congress a written report that describes the steps taken to comply with paragraph (1).

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2 thoughts on “To be Voted on Week of 7/7/2016.

  1. Hey Jim,
    I can’t and won’t argue with that point. Hopefully we can get Republicans to tighten that definition up or add to it that no form of non-violent dissent should ever be construed to be terroristic activity and no form of violent dissent for the purpose putting down a despot government -as is our right and our duty- should ever be construed as terrorism.

    It just seemed to me that this bill is finally moving in the right direction of the Constitution where it is now actually forcing the prosecution to show probable cause of terrorist activity, then retrieve the necessary warrants from a judge, and notify the accused. Compared to before where they were talking about throwing a name on a list and then denying a firearm with no due process.

    This bill isn’t where we need to be as America, but it goes so far in the right direction that I think it’s going to piss off a lot of the Commie-Democrats.

    Like

  2. As a constitutionalist or Tea Partier, I’m considered a terrorist according to the government. The vague language “terrorist” will be abused worse than the Commerce, General Welfare clauses of the Constitution or the SCOTUS interpretation of it. These type decisions should be left to local grand juries or volunteer people panels, but never the Federal Government

    Liked by 1 person

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