Bills
| 3.23.22

Letting the DOJ Deny Guns and Explosives Permits for Terrorism Suspects (H.R. 1076)

Do you support or oppose this bill?

What is H.R. 1076?

(Updated May 30, 2021)

This bill would give the Attorney General and the Dept. of Justice (DOJ) the authority to deny the transfer of firearms or the issuance of a federal firearms and explosives license to any person if the Attorney General:

  • Determines that the individual has been engaged in or has provided material support or resources for terrorist activities;

  • Has a reasonable belief that such individual may use a firearm or explosive in connection with terrorism.

The sale or distribution of firearms or explosives to any individual whom the Attorney General has determined to be engaged in terrorist activities would be prohibited. Any individual whose firearm or explosive license application has been denied to bring legal action challenging the denial.

The Attorney General would be permitted to withhold information in firearms and explosives license denial revocation suits if the Attorney General determines that the disclosure of such information would compromise national security. Additionally, the Attorney General could revoke the firearms and explosives licenses and permits of those deemed to be engaged in terrorism.

Argument in favor

The Attorney General and DOJ are perfectly competent to determine whether a person has been engaged in terrorist activities. Those people who are blocked from buying or possessing guns would be able to legally challenge the denial.

Argument opposed

There needs to be a more robust investigation that informs the decision to prevent a person from buying weapons than the simple determination of a link to terrorist activities, and the Attorney General should be compelled to explain all denials.

Impact

Those suspected of terrorism who hold or apply for federal firearms and explosives licenses or permits, the DOJ, and the Attorney General.

Cost of H.R. 1076

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Peter King (R-NY) introduced this bill to help prevent suspected terrorists from purchasing or possessing firearms:

“After September 11th, common sense dictates that the federal government stop gun sales to suspects on the terrorist watch list. Federal law already prohibits nine categories of dangerous persons from purchasing or possessing firearms, including the mentally ill and criminals. Yet, after almost 14 years, we still allow suspected terrorists the ability to purchase firearms. It’s time for common sense to prevail it’s too late.”

Originally this bill was proposed in 2007 during the Bush administration, but then as now, the National Rifle Association (NRA) pushed back against the legislation and prevented its passage.

Currently this bill has the support of 52 cosponsors in the House of Representatives, with 50 Democrats and two Republicans having signed onto the bill.


Of Note: During the 2004-2014 period, there were 2,043 gun purchases made by suspected terrorists who were on the FBI’s watchlist, while only 180 of those on the watchlists were denied their purchase. That amounts to a 91 percent success rate for a suspected terrorist purchasing a gun despite their presence on a terror watchlist.

Concerns about the accessibility of weapons to potential terrorists were raised following the shootings in San Bernadino, one of whom had pledged allegiance to ISIS. While the shooters were not on a terrorism watchlist and bought their weapons legally, they had been in contact with extremists — actions which could have landed them on such a watchlist under other circumstances.


Media:

Summary by Eric Revell
(Photo Credit: )