UPDATES TO FEDERAL GUN LAW

FROM Dec. 2003 thru Present Day

 


These new federal gun laws,
NOT included in the current printed edition,
are provided below.

(Not included in Edition 4):
Undetectable Firearm Act Renewal
Arming Cargo Pilots Against Terrorism
Assault Weapon Ban Expiration (The "Clinton-19")

National Concealed Carry for Cops - HR 218

Aliens Admitted Under Nonimmigrant Visas 18 USC 922(y)
Omnibus Spending Bill for 2003, P.L. 108-7 (Not included below yet)

 

Federal gun law continues to accumulate at an alarming rate, with no end in sight. Each law passed since the last published edition (Edition 4, Copyright 2003) of Gun Laws of America is described below.

 

Undetectable Firearm Act Renewal

The Gist: The Undetectable Firearms Act of 1988, which had already been renewed for five years before it expired in 1998, is now renewed for another ten years, making the new expiration date Dec. 10, 2013. Note that it is not a complete ban -- any such weapons in the U.S. prior to enactment in 1988 are unaffected (though none are known to exist), and there is no ban on government possession of such weapons for military or intelligence purposes.

H.R.3348; P.L. 108-174; Enacted on 12/9/03
166 out of 166 words = 100%. This is the first gun law actually passed as a gun law in a long time. Most current gun laws are hidden in monstrously large other bills.

SECTION 1. REAUTHORIZATION OF THE BAN ON UNDETECTABLE FIREARMS.
Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is amended--
(1) by striking `15' and inserting `25';
(2) in subparagraph (B)--
(A) by striking `and (h)' and inserting `through (o)'; and
(B) by striking `and (g)' and inserting `through (n)'; and
(3) by striking subparagraphs (D) and (E) and inserting the following:
`(D) section 924(a)(1) of such title is amended by striking `this subsection, subsection (b), (c), or (f) of this section, or in section 929' and inserting `this chapter'; and
`(E) section 925(a) of such title is amended--
`(i) in paragraph (1), by striking `and provisions relating to firearms subject to the prohibitions of section 922(p)'; and
`(ii) in paragraph (2), by striking `, except for provisions relating to firearms subject to the prohibitions of section 922(p),'; and
`(iii) in each of paragraphs (3) and (4), by striking `except for provisions relating to firearms subject to the prohibitions of section 922(p),'.'.

 

Arming Cargo Pilots Against Terrorism

The Gist: Contrary to this section's title, and news media and other widely circulated reports, this law is not about arming cargo pilots. This law is about deputizing cargo pilots, and arming the deputies.

The fundamental difference between arming a civilian pilot, and turning the civilian into a government agent as a deputy, is important for those who monitor the erosion of the Second Amendment. Arming civilians, or letting them arm themselves, is quite unacceptable to the government in the context of air travel. The deputizing scheme implemented here provides an alternative, maintaining the full control of those in power. No "right" is conferred, and the permission to bear arms can be summarily revoked by the authorities.

Cargo pilots are to be treated "equitably" with respect to passeneger pilots for access to training that would qualify them for Federal Flight Deck Officer (FFDO) status. Pilots per se may not be armed. Only an FFDO may be armed under this law. The total elimination of the Second Amendment in this context is not addressed -- it is simply wiped out without comment.

H.R.2115; P.L. 108-176; Enacted on 12/12/03
Sec. 609. 231 out of 46,742 words = 0.5% of this bill
"Vision 100--Century of Aviation Reauthorization Act"

SEC. 609. ARMING CARGO PILOTS AGAINST TERRORISM.
(a) SENSE OF CONGRESS- It is the sense of Congress that members of a flight deck crew of a cargo aircraft should be armed with a firearm or taser to defend the cargo aircraft against an attack by terrorists that could result in the use of the aircraft as a weapon of mass destruction or for other terrorist purposes.
(b) ARMING CARGO PILOTS AGAINST TERRORISM- Section 44921 is amended--
(1) in subsection (a) by striking `passenger' each place that it appears;
(2) in subsection (k)(2) by striking `or,' and all that follows before the period at the end and inserting `or any other flight deck crew member'; and
(3) by adding at the end of subsection (k) the following:
`(3) ALL-CARGO AIR TRANSPORTATION- In this section, the term `air transportation' includes all-cargo air transportation.'.
(c) TIME FOR IMPLEMENTATION- In carrying out the amendments made by subsection (d), the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall ensure that passenger and cargo pilots are treated equitably in receiving access to training as Federal flight deck officers.
(d) EFFECT ON OTHER LAWS- The requirements of subsection (e) shall have no effect on the deadlines for implementation contained in section 44921 of title 49, United States Code, as in effect on the day before the date of enactment of this Act.

 

Assault Weapon Ban Expiration (The "Clinton-19")

FOR IMMEDIATE RELEASE
Sept. 14, 2004
Contact: Felicity Bower 1-800-707-4020
BLOOMFIELD PRESS, Phoenix

GUN LAW REDUCTION HIGHLY UNUSUAL

Yesterday was a great day for America -- for the first time in years a federal gun law has actually come OFF the books, for a change.

Gun laws, which have been increasing at a furious rate since the 1960s are actually a bit lower today, an almost unheard of event. Starting with the Gun Control Act in 1968, 74,426 new words of gun law have been added by Congress.

"It's less than a 1% reduction, only 729 words, but it's a good first step," said Alan Korwin, author of the unabridged federal guide, Gun Laws of America. "This clearly demonstrates the value of placing limits on our laws. Most statutes should be drafted with expiration dates, as this one wisely was," he said.

The 1994 Public Safety and Recreational Firearms Use Protection Act had been misleadingly nicknamed the assault-weapons ban by the news media. It only affected single-shot firearms and was never a ban, contrary to several inaccurate news reports, and biased sources used uncritically by the press. Assault, Korwin notes, is a type of behavior, not a type of hardware. The affected guns, the "Clinton-19" are NOT machine guns as many news reports inaccurately stated or implied.

"These guns will not come 'back' into public hands now as widely reported, because they never left," Korwin says. The so-called ban never banned any guns consumers owned. It only prevented manufacturers from selling new ones to the public, inflating prices dramatically for the millions currently in the marketplace.

New rifles however, which will undoubtedly flow into the consumer market now, will help restore prices to lower levels seen before the manufacturing moratorium was put in effect under President Bill Clinton.

People who bought such guns during the cessation of manufacturing over the past ten years, may find themselves holding highly overpriced merchandise as prices will likely fall dramatically. Prices for normal capacity magazines over ten rounds, the kind police routinely use, will also likely drop to reasonable levels, and infringement magazines of 10 rounds or less will become clutter, Korwin opines. Since the police face the very same criminals the public does, forcing the use of small, inadequate magazines for the police or for citizens is unsafe, he says.

America had 94,333 words of federal gun law on Sunday, but today the total is only 93,604. Another 3,284 words also came off, in the form of a long list of guns known as Appendix A, that were not affected by the law. When those are taken into account, the reduction is 4.4%, bringing the current total of federal gun law to 90,320 words.

Further adjustments to the word count will occur when Korwin's company, Bloomfield Press, completes its annual analysis of the recently enacted national concealed carry law for active and retired police officers, armed cargo pilots, gun provisions in an omnibus spending bill, renewal of the undetectable-gun ban, and technical changes caused by the expiration of this unpopular 1994 law, including definitions and penalties that no longer apply.

Repealed sections include:
18 USC §921(a)(30)
18 USC §922(v)
18 USC §922(w)
18 USC §923(i)
18 USC §924(a)(1)(B)
18 USC §924(c)(1)(B)

I have reviewed the following Q&A about the assault-weapon ban repeal, posted by the Bureau of Alcohol Tobacco Firearms and Explosives, and found it to be accurate. It must have been pretty difficult for them to write this.

From: http://www.atf.gov
For September 12, 2004
Semiautomatic Assault Weapon Update
By statute, the prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices expired on September 13, 2004. As a result, certain sections of the Gun Control Act, 18 U.S.C. Chapter 44, and its implementing regulations, 27 CFR Part 478, are no longer in effect. Open Letter to Federally Licensed Firearms Importers and Registered Importers of U.S. Munitions Import List Articles
Changes in Federal Law As Of September 13, 2004 Relating to Semiautomatic Assault Weapons (SAWs) and Large Capacity Ammunition Feeding Devices (LCAFDs).


Q: What was the semiautomatic assault weapon (SAW) ban?
A: The SAW ban was enacted on September 13, 1994, by PL 103-322, Title IX, Subtitle A, section 110105. The ban made it unlawful to manufacture, transfer, or possess SAWs. The law defines SAWs as 19 named firearms, as well as semiautomatic rifles, pistols, and shotguns that have certain named features. The ban was codified at 18 U.S.C. § 922(v). SAWs lawfully possessed on September 13, 1994 were not covered by the ban. There also were certain exceptions, such as possession by law enforcement.

Q: Was the SAW ban permanent?
A: No. The law enacting the ban provided that it would expire 10 years from the date of enactment, which was September 13, 1994. Therefore, effective 12:01 a.m. on September 13, 2004, the provisions of the law will cease to apply.

Q. What was the Large Capacity Ammunition Feeding Device (LCAFD) ban?
A: The LCAFD ban was enacted along with the SAW ban on September 13, 1994. The ban made it unlawful to transfer or possess LCAFDs. The law generally defined a LCAFD as a magazine, belt, drum, feed strip, or similar device manufactured after September 13, 1994 that has the capacity of, or can be readily restored or converted to accept, more than 10 rounds of ammunition. The ban was codified at 18 U.S.C. § 922(w). As with SAWs, there are certain exceptions to the ban, such as possession by law enforcement.

Q: Was the LCAFD ban permanent?
A: No. The LCAFD ban was enacted by the same law as the SAW ban. Therefore, like the SAW ban, it expires 10 years from the date of enactment. Therefore, effective 12:01 a.m. on September 13, 2004, the provisions of the law will cease to apply.

Q: What provisions of the Gun Control Act (GCA) besides the bans contained in sections 922(v) and (w) are no longer effective?
A: The definition provision for "semiautomatic assault weapon", codified at 18 U.S.C. § 921(a)(30). The penalty provision for violating 922(v), codified at 18 U.S.C. § 924(a)(1)(B). The penalty provision for violating 922(v) during the commission of a crime of violence or drug trafficking offense, codified at 18 U.S.C. § 924(c)(1)(B); The requirement that SAWs and LCAFDs manufactured after September 13, 1994, be marked with a date of manufacture next to the serial number, codified in 18 U.S.C. § 923(i). (ATF regulations (27 C.F.R. § 478.92(a)(2)) implement section 923(i) and require, effective July 5, 1995, SAWs and LCAFDs manufactured after September 13, 1994 to be marked "Restricted law enforcement/government use only" or, for weapons manufactured for export, "For export only". These requirements also are no longer in effect.)

Q: Does expiration of the ban affect records maintained by licensed manufacturers, importers and dealers?
A. Yes. Federal firearms licensees are no longer required to collect special records regarding the sale or transfer of SAWs and LCAFDs for law enforcement or government sales. However, existing records on SAWs and LCAFDs must still be maintained for a period of 5 years. Moreover, records of importation and manufacture must be maintained permanently and licensees must maintain all other acquisition and disposition records for 20 years.

Q: Are SAWs and LCAFDs marked "Restricted law enforcement/government use only" or "For export only" legal to sell to civilians in the United States?
A: Yes. SAWs and LCAFDs are no longer prohibited. Therefore firearms with the restrictive markings are legal to transfer to civilians in the United States and it will be legal for non-prohibited civilians to possess them. All civilians may possess LCAFDs.

Q: Does the expiration of the SAW ban and the LCAFD ban affect importation?
A: LCAFDs are no longer prohibited from importation but they are still subject to the provisions of the Arms Export Control Act. An approved Form 6 import permit is still required. Non-sporting firearms are still prohibited from importation under sections 922(l) and 925(d)(3) of the GCA. Because the vast majority of SAWs are nonsporting, they generally cannot be imported. If an importer has an approved Form 6 import permit for LCAFDs with a restriction stamp on it related to the ban, the importer may import LCAFDs using the permit and disregard the restriction stamp. Importers may apply for a new permit if they prefer. If an importer has an approved Form 6 import permit for SAWs with a restriction stamp on it related to the ban, the importer should comply with the restriction because the firearms most likely are nonsporting. Temporary importation of SAWs and LCAFDs is now lawful under the provisions of Title 27, CFR, section 478.115(d) because firearms that are temporarily imported are not required to meet sporting purpose requirements.

Q: Does the expiration of the SAW ban change laws regarding assembly of nonsporting shotguns and semiautomatic rifles from imported parts?
A: No. The provisions of section 922(r) of the GCA and the regulations in 27 CFR 478.39 regarding assembly of non-sporting shotguns and semiautomatic rifles from imported parts still apply.

Q. Does the expiration of the SAW ban affect firearms under the National Firearms Act?
A: All provisions of the National Firearms Act (NFA) relating to registration and transfer of machineguns, short barreled rifles, weapons made from rifles, short barreled shotguns, weapons made from shotguns, any other weapons as defined in 26 USC section 5845(e), silencers, and destructive devices still apply. However, it is now lawful to possess NFA firearms that are also semiautomatic assault weapons, as long as all provisions of the NFA are satisfied. USAS-12 and Striker12/Streetsweeper shotguns are still classified as destructive devices under ATF Rulings 94-1 and 94-2 and must be possessed and transferred in accordance with the NFA.

Q: Can tribal law enforcement entities now possess SAWs and LCAFDs?
A: Yes.

Q: Does the expiration of the ban affect State law?
A: Expiration of the federal law will not change any provisions of State law or local ordinances. Questions concerning State assault weapons restrictions should be referred to State and local authorities.

Q: Whom should I call if I have a question?
A: Your local ATF office.

 

National Concealed Carry for Cops - HR 218

This bill, quietly signed into law by President Bush on July 22, 2004, and generally ignored by the mainstream news media, frees specified current and former law-enforcement officers from state laws that ban carrying concealed handguns. Federal gun law grows by 1,037 words with this act. It took 12 long years of intensive lobbying by the Virginia-based police group, the Law Enforcement Alliance of America, to get Congress to accept a national concealed-carry provision, even for these off-duty and former police.

The bill is highly controversial to gun-rights activists, who view it as an elitist provision to arm the "proper authorities," giving those people, and excluding the public, from constitutionally guaranteed rights. The LEAA's claim that "America's men and women in blue deserved the right to protect themselves and their families from threats that didn't go away at the state line," certainly applies constitutionally to people who aren't "in blue."

On the other hand, the law does arm nearly two million civilians, forced Congress to move in a direction of recognizing and requiring the right to keep and bear arms, and plans are in place to continue the momentum toward some form of public national right to carry. And it is certainly true that people "in blue" do face "criminal grudges that didn't end at the officer's retirement party." The scope of the obstacles faced is revealed in the fact that it took more than a decade to get such a provision in place for such a select group as the police.

Parallel efforts for national carry rights for the public, currently underway, tend to focus on reciprocity or recognition for permit holders only, and is also highly contentious, since only about 1% of the public has signed up for state "rights permits," which include taxes, testing, fingerprinting, expiration dates, and onerous federal and state watch lists. Most estimates suggest that more than 50% of all Americans own firearms, leaving almost all of us out of such plans.

(For contrast, see the proposed American Historical Rights Protection Act, which would simply eliminate any bans on the non-criminal possession of firearms for all Americans.)

As always, the general and plain-English descriptions below are guidelines only, and should be checked against the actual words of the statute, which follow verbatim.

____________________

The Gist: No state law may prevent a qualified law enforcement officer (QLEO, described below), who is carrying proper ID, from carrying a concealed firearm, if the firearm has been shipped or transported in interstate or foreign commerce. (The phrase about commerce is used to help establish congressional authority to do this -- overruling state laws -- using the commerce clause authority in the Constitution.)

The overruling of state law does not include any state law about private people banning or restricting firearms on their property, or state governments banning or restricting firearms on state or local government property.

Under this law a QLEO is: 1 - a government agency employee who has specified legal authority to enforce the law and statutory powers of arrest; 2 - is authorized by the agency to carry a firearm; 3 - is not the subject of any disciplinary action; 4 - meets the standards, if any, to regularly qualify in using a firearm; 5 - is not under the influence of drugs or alcohol; and 6 - is not banned under federal law from receiving a firearm.

Proper identification is a photo ID issued by the government agency where the person is employed as a law enforcement officer.

A concealed firearm does not include a machinegun, a silencer, or any destructive device, as those items are defined by federal law.

All of the above applies to a qualified retired law enforcement officer (QRLEO). A QRLEO is a person who: 1 - retired in good standing as a law enforcement officer (except for reasons of mental instability); 2 - before retiring had specified legal authority to enforce the law and statutory powers of arrest; 3 - was regularly employed as a LEO for an aggregate of at least 15 years before retiring (with special consideration for a probationary period due to a service-connected disability); 4 - has a non-forfeitable right to retirement-plan benefits from the agency; 5 - has in the last 12 months, at the person's own expense, met the state standards for active LEOs to carry firearms; 6 - is not under the influence of drugs or alcohol; and 7 - and is not banned under federal law from receiving a firearm. The law appears to require QRLEOs to requalify, under item 5 above, at their own expense, every 12 months.

Proper identification for a QRLEO is a photo ID from the agency that formerly employed the person as an LEO, indicating that the person has qualified or otherwise meets the standards within the last year to carry a firearm of the same type the person is carrying concealed. A separate state certification of firearm qualification, in addition to photo ID from the agency, is also acceptable.

Machineguns, silencers and destructive devices are banned for concealed carry by QRLEOs.

The background and history of HR 218 can be reviewed at leaa.org. Regulations needed to implement the new law fairly nationwide are in development. I'll circulate news on that when there is some.

Alan.

______________________

Law Enforcement Officers Safety Act of 2004

H.R.218

One Hundred Eighth Congress of the United States of America

AT THE SECOND SESSION, Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four

An Act

To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the Law Enforcement Officers Safety Act of 2004.

SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

(b) This section shall not be construed to supersede or limit the laws of any State that--

(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

(c) As used in this section, the term qualified law enforcement officer' means an employee of a governmental agency who--

(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

(2) is authorized by the agency to carry a firearm;

(3) is not the subject of any disciplinary action by the agency;

(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

(6) is not prohibited by Federal law from receiving a firearm.

(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

(e) As used in this section, the term firearm' does not include--

(1) any machinegun (as defined in section 5845 of the National Firearms Act);

(2) any firearm silencer (as defined in section 921 of this title); and

(3) any destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

926B. Carrying of concealed firearms by qualified law enforcement officers.'.

SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following:

Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

(b) This section shall not be construed to supersede or limit the laws of any State that--

(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

(c) As used in this section, the term qualified retired law enforcement officer' means an individual who--

(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;

(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or

(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

(4) has a nonforfeitable right to benefits under the retirement plan of the agency;

(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;

(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

(7) is not prohibited by Federal law from receiving a firearm.

(d) The identification required by this subsection is--

(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or

(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and

(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

(e) As used in this section, the term firearm' does not include--

(1) any machinegun (as defined in section 5845 of the National Firearms Act);

(2) any firearm silencer (as defined in section 921 of this title); and

(3) a destructive device (as defined in section 921 of this title).

(b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:

926C. Carrying of concealed firearms by qualified retired law enforcement officers.

 

Aliens Admitted Under Nonimmigrant Visas

(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.
(1) Definitions.
In this subsection—
(A) the term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term “nonimmigrant visa” has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) Exceptions.— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is—
(i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; or
(ii) en route to or from another country to which that alien is accredited;
(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or
(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
(3) Waiver.—
(A) Conditions for waiver.— Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if—
(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C); and
(ii) the Attorney General approves the petition.
(B) Petition.— Each petition under subparagraph (B) shall—
(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph; and
(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g).
(C) Approval of petition.— The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner—
(i) would be in the interests of justice; and
(ii) would not jeopardize the public safety.

 

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