S.Amdt. 736
What it does: Adds SEC. ____. EXPLOSIVE MATERIALS BACKGROUND CHECK ACT wherever appropriate
Sen. Frank R. Lautenberg (D-NJ)What it changes
1 change to S. 649
Adds SEC. ____. EXPLOSIVE MATERIALS BACKGROUND CHECK ACT wherever appropriate
Adds a sectionInserted: SEC. ____. EXPLOSIVE MATERIALS BACKGROUND CHECK ACT.
Inserted: (a) Short Title.--This section may be cited as the "Explosive Materials Background Check Act".
Inserted: (b) Amendments to Title 18.--Chapter 40 of title 18, United States Code, is amended--
Inserted: (1) in section 841--
Inserted: (A) in subsection (d), by inserting "smokeless powder and black powder substitutes," after "black powder,"; and
Inserted: (B) in subsection (h), by striking "the business of";
Inserted: (2) in section 842--
Inserted: (A) in subsection (d)--
Inserted: (i) in paragraph (9), by striking the period and inserting a semicolon; and
Inserted: (ii) inserting at the end the following:
Inserted: "(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--
Inserted: "(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
Show 20 more inserted paragraphsShow less
Inserted: "(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
Inserted: "(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; or
Inserted: "(11) has been convicted in any court of a misdemeanor crime of domestic violence.";
Inserted: (B) in subsection (i)--
Inserted: (i) in paragraph (7), by inserting a semicolon after "person";
Inserted: (ii) inserting at the end the following:
Inserted: "(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--
Inserted: "(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
Inserted: "(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
Inserted: "(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; or
Inserted: "(9) has been convicted in any court of a misdemeanor crime of domestic violence.";
Inserted: (3) in section 843(b)--
Inserted: (A) by striking "Upon" and inserting "Except as provided in subsection (j), upon";
Inserted: (B) in paragraph (6), by striking "and" after the semicolon;
Inserted: (C) in paragraph (7), by striking the period and inserting "; and"; and
Inserted: (D) by inserting at the end the following:
Inserted: "(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."; and
Inserted: (4) in section 845(a)--
Inserted: (A) in paragraph (4), by striking "and components thereof"; and
Inserted: (B) in paragraph (5), by striking "black powder in quantities not to exceed fifty pounds,".
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 736. Mr. REID (for Mr. Lautenberg) submitted an amendment intended to be proposed by Mr. Reid, of NV to the bill S. 649, to ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. EXPLOSIVE MATERIALS BACKGROUND CHECK ACT.
(a) Short Title.--This section may be cited as the “Explosive Materials Background Check Act”.
(b) 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; or
“(11) has been convicted in any court of a misdemeanor crime of domestic violence.”;
(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; or
“(9) has been convicted in any court of a misdemeanor crime of domestic violence.”;
(3) in section 843(b)--
(A) by striking “Upon” and inserting “Except as provided in subsection (j), upon”;
(B) in paragraph (6), by striking “and” after the semicolon;
(C) in paragraph (7), by striking the period and inserting “; and”; and
(D) 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.”; and
(4) in section 845(a)--
(A) in paragraph (4), by striking “and components thereof”; and
(B) in paragraph (5), by striking “black powder in quantities not to exceed fifty pounds,”.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
April 18, 2013