Gun Laws of America Update for 2003

(Not included in Edition 4):
Undetectable Firearm Act Renewal
Arm the Cargo Pilots

(Included in Edition 4):
Smith and Wesson preference Ban
The PATRIOT Act
Aviation and Transportation Security Act
Homeland Security Act

Two brief federal gun laws were enacted at the end of 2003, and are described below. This new material is not contained in the current printed edition of Gun Laws of America. The two laws add a total of 397 new words of gun law, pushing the total federal gun law to 94,730 words.

This is followed by "Update 5" the entire set of changes made to the 4th edition of the book. Those changes are included in the current printed edition of Gun Laws of America.

The Undetectable Firearms Act

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.

"UPDATE 5"

This update covers changes included in Edition 4 of Gun Laws Of America, released in February 2003.

----------------------------------------------

Federal gun law has grown 6.5% since Oct. 2000, to a new total of 94,333 words.

I've boiled out the new federal gun laws tucked away in The Patriot Act, the Aviation and Transportation Security Act, and the Homeland Security Act. The latest edition of Gun Laws of America (the 4th) has the whole ball of wax:

5,749 new words of law, in 22 separate sections, from four enacted federal laws. The book itself is easier to use than this posted version, because the plain-English summaries include support material, indexes, and preceed the statutes they describe. The book also includes every gun law cross referenced by a new statute.

There is a disturbing trend in the new gun laws toward arming "the proper authorities" where you and I can't be armed. The government is essentially authorizing itself to have unrestricted, uninfringed Second Amendment rights while the public by default gets the right to bear arms curtailed. It's quite clever actually. The net result is six, yes six new federal "police forces" (listed below, with other highlights). These are government employees who can pretty much bear arms at all times. Now wouldn't that be a nice right to have!

Oh, and despite all the news stories that say otherwise, it's not exactly "arm the pilots," it's deputize the pilots, and arm the deputies. It may seem a small difference, but it places control of the pilot in federal hands, allows the feds to "undeputize" a pilot to remove the ability to be armed, and the idea of having guns in the hands of non-government officials on board -- you, me or pilots -- was unacceptable, hence the current plan.

A huge range of issues are identified for arming pilots, including for example:

- The type of firearm and ammo to be used

- Placement of the gun in the cockpit to ensure both its security and easy retrieval

- Firearm retention

- Accidental discharge reporting and repercussions

- Interaction between air marshals, the pilot, crew and other persons

- Pilot selection and training

- Storage and transit of guns between flights and when pilots go off site

- Notifying security staff when pilots or others are authorized to be armed

- Analysis of the risk of catastrophic aircraft failure from gunfire to controls or sensitive areas of the craft (the results are classified)

- Guidelines on use of lethal force and,

- Naturally, anything else the authorities deem necessary.

Pilots with military and law enforcement backgrounds are to get preference in the selection process. Although guns will be provided, pilots may buy their own. Participating pilots are not eligible for compensation from the government for their services as FFDOs. Limited liability is provided for airlines, the pilots and the government, for using or failing to use the guns.

Air carriers are prohibited from pressuring or forbidding their pilots from volunteering for the program, firing them for participating, or refusing to let them pilot aircraft. Nothing's easy, eh? One wonders why the news doesn't ever look like this report.

Summary of changes in the
4th edition of "Gun Laws of America"

1. Clinton cuts a deal with S&W, Congress outlaws it. (DOD Spending 2001)
2. New federal police authorized: Federal Reserve Board Police (Patriot Act)
3. New federal police authorized: Transportation Security Police (ATSA)
4. DOT can use local armed officials to aid federal air marshals (ATSA)
5. Firearm training for crew authorized (ATSA)
6. DOT must arm every airport screening location (ATSA)
7. "Less-Than-Lethal Weaponry" term introduced (ATSA)
8. Arm the Pilots, round 1, a farce, repealed, replaced a year later. (ATSA)
9. DOJ gun research office for personalized guns and portable armor (Homeland)
10. New federal police authorized: Inspector Generals Police (Homeland)
11. BATF replaced by BATFE, moved from Treasury to Justice Dept. (Homeland)
12. New federal police authorized: BATFE (Homeland)
13. Arm the Pilots round 2, "Federal Flight Deck Officers" (Homeland)
14. Coordinate any armed officials who might be on an aircraft (Homeland)
15. New federal police authorized: Homeland Security Police (Homeland)

NOTES ON BOOK PUBLISHING STATUS (June 6, 2002):

The prior third release of "Gun Laws of America," contains every federal gun law on the books up to October 26, 2001 (Edition 3, copyright 1999), when the USA Patriot Act, passed in response to the September 11 attacks, became the first significant federal gun law passed in three full years. Only a single paragraph was enacted during that time, in October of 2000, banning special treatment for Smith and Wesson in government contracts. We were able to squeeze that item into an empty space in the book during a reprint, along with our new street address (just around the corner, 4848 E. Cactus, #505-440) of the otherwise unchanged 1999 edition.



These are the new laws covered in this update and included in Edition 4:

SMITH & WESSON PREFERENCE BAN
HR 4205, PL 106-398, Signed 10/30/00
"Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001"
DOD Spending Bill 2000
"Sec. 826. Requirement To Disregard Certain Agreements In Awarding Contracts For The Purchase Of Firearms Or Ammunition."
226,539 total words, 107 words appear here (0.05%).
Go To Gist

THE USA PATRIOT ACT
HR 3162, P.L. 107-56, Signed 10/26/01
"Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001"
Hurriedly enacted as a direct response to the September 11 attacks, this contains various gun provisions; it was introduced on 10/23/01, and signed 3 days later.
58,398 total words, 1,476 words (gun law sections and definitions of terrorism only) appear here (2.5%).
Go To Gist

ARM THE PILOTS
S1447, PL 107-71, Signed 11/19/01
"Aviation and Transportation Security Act"
Another direct response to the September 11 attacks, hurriedly enacted. Though this law allows pilots to be armed under specified conditions, it doesn't require it, and bureaucrats have been stonewalling against its implementation. Curiously, there is nothing in current law that prevents pilots from being armed without this bill, it's come down to a plain issue of political pressure, and not law. Pilots are even authorized under existing law to take custody of YOUR gun while enroute (though they are not required to do so) in 18USC922(e).
21,825 total words, 1,633 reproduced here (7.5%).
Go To Gist

HOMELAND SECURITY ACT OF 2002
H 5005, P.L. 107-296, Signed Nov. 25, 2002
4,120 of 77,820 total words
Sec. 231. Establishment Of Office; Director
Sec. 232. Mission Of Office; Duties
Sec. 812. Law Enforcement Powers Of Inspector General Agents
Sec. 1111. Bureau Of Alcohol, Tobacco, Firearms, And Explosives
Sec. 1112. Technical And Conforming Amendments
Sec. 1113. Powers of Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives
Sec. 1402. Federal Flight Deck Officer Program
Sec. 1403. Crew Training
Sec. 1404. Commercial Airline Security Study
Sec. 1405. Authority To Arm Flight Deck Crew With Less-Than-Lethal Weapons
Sec. 1706. Transfer of Certain Security and Law Enforcement Functions & Authorities
Go To Gist



The plain-English "Gists" below are followed by the relevant sections of the actual enacted bills.

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From: Public Law 106-398
Smith and Wesson Ban

“Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001”
Enacted October 30, 2000

Sec. 826. Requirement To Disregard Certain Agreements In Awarding Contracts For The Purchase Of Firearms Or Ammunition.

The Gist: The Clinton administration, in an effort to limit gun ownership, had entered a contractual arrangement with British-owned Smith and Wesson, to limit availability of its firearms to the general public. In exchange, S&W was promised preferential treatment from the Dept. of Defense when it acquired firearms or ammunition. This created conditions by contract that Congress was unwilling to implement by law. The following language was enacted to prevent S&W, or any other gun or ammunition maker or vendor, from getting such lucrative preferences, removing the incentive for such an arrangement.

From: Public Law 107-56
PATRIOT Act

“Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001”
Enacted October 26, 2001

Sec. 315. Inclusion Of Foreign Corruption Offenses As Money Laundering Crimes.

The Gist: The specified list of crimes related to a money laundering statute is increased to include smuggling of anything controlled by the United States Munitions List, and unlawful import or trafficking in firearms.

Sec. 364. Uniform Protection Authority For Federal Reserve Facilities.

The Gist: A new federal police force is authorized to protect the Federal Reserve Board, it’s banks, personnel, property and operations. Subject to successful completion of law enforcement training they are authorized to carry firearms.

Sec. 411. Definitions Relating To Terrorism.

The Gist: The list of offenses that makes certain aliens ineligible for visas or for admission into the United States is increased to include other weapons or dangerous devices.

From: Public Law 107-71
Arm The Pilots

“Aviation and Transportation Security Act”
Enacted November 19, 2001

Sec. 101, new 49 USC 114 <Law Enforcement Powers>

The Gist: A new federal police force is authorized under the Transportation Security Administration. Employees designated as TSA law enforcement officers may carry firearms, at the Attorney General’s discretion, subject to department guidelines approved by the AG, and under the AG’s deadly force policy.

Sec. 105, new 49 USC 44917 (a)(6) < Deployment of Federal Air Marshals>

The Gist: The Dept. of the Transportation may make agreements with other official federal, state or local agencies to have armed officers of those agencies, while on board a flight of an air carrier, prepared to assist federal air marshals. The Dept. must establish procedures to notify the marshals of any armed or unarmed law enforcement officers on the aircraft.

Sec. 107, new 49 USC 44918(b)(4) <Crew Training>

The Gist: A new airline threat-response training program is required to prepare for potential incidents of terrorism. Firearms, though not mentioned, are alluded to (“protective devices assigned to crew members” “appropriate responses to defend oneself” “live situational training exercises”) and could likely be included in such training if the authorities decide to arm the crew.

Sec. 110, new 49 USC 44901(g) <Passengers and Property>

The Gist: The Dept. of Transportation is required to deploy armed law enforcement personnel at every airport screening location, to ensure passenger safety and national security.

Sec. 126, new 49 USC 44903 (h) <Less-Than-Lethal Weaponry>

The Gist: A new category of arms is introduced into U.S. law—less-than-lethal weapons, for temporarily incapacitating persons—in a National Institute of Justice examination of what already exists and might be used by flight deck (cockpit) crews. If the Dept. finds a suitable option, it may authorize issuing such weapons along with guidelines and training in their allowable use.

Sec. 128 <Flight Deck Security>

The Gist: Arm the pilots, round one. Airline pilots are authorized to carry firearms into the cockpit if the Secretary of Transportation approves (they stonewalled), the airline approves (they didn’t act), the firearm is approved (no selection process was adopted), and the pilot receives approved training (there isn’t any). Rancorous debate surrounded this response to the September 11 attacks, and although enacted with much hue and cry, it lead to no action with respect to arming anyone. Perhaps recognizing that this was not intended to be implemented, it was issued as a statute at large, with no statute number for future codification. One year later it was repealed, see Sec. 1402, this update.

Curiously, nothing in federal statute actually prohibits airline pilots from bearing arms; bearing arms used to be required when they were carrying U.S. Mail; and pilots (along with captains, conductors and certain other operators of common carriers) are authorized (though not required) by statute to accept passengers’ firearms for the duration of the flight (see 18 USC §922 (e)).

Sec. 131, new 49 USC 44944(c) <Voluntary Provision of Emergency Services>

The Gist: The Dept. of Transportation is required to implement a program that permits law enforcement, firefighting and medical authorities to provide emergency services aboard commercial flights during emergenices. This section does not change Dept. regulations on possession of firearms in aircraft or related facilities, and does not authorize possession in aircraft or facilities not authorized under those regulations. Yes, it’s not completely clear.


From: Public Law 107-296
Homeland Security Act

“Homeland Security Act of 2002”
Enacted November 25, 2002

Sec. 231. Establishment Of Office; Director.

The Gist: A new office for, among other duties, specialized gun research, called the Office of Science and Technology, is established within the Dept. of Justice.

Sec. 232. Mission Of Office; Duties.

The Gist: The Office of Science and Technology shall carry out wide range research and development of: 1–personalized guns that can only be operated by an authorized user, 2–bullet- and explosion-resistant glass, and 3–protective apparel. All contracts for this work must be competitively bid. Reports on the research may be withheld at the discretion of the Director of the office.

Sec. 812. Law Enforcement Powers Of Inspector General Agents.

The Gist: A new federal force, comprised of Inspectors General, their assistants, and any special agent supervised by them, is authorized to carry firearms while on duty or as approved by the Attorney General, at the discretion of and under guidelines issued by the Attorney General.

Sec. 1111. Bureau Of Alcohol, Tobacco, Firearms, And Explosives.

The Gist: After years of speculation and Capitol Hill wrangling, the venerable Bureau of Alcohol, Tobacco and Firearms is closed out of the Treasury Dept. and rolled into the Justice Dept., where it will operate alongside and coordinate with the nation’s main law enforcement arm, the FBI. Although the chain of command is radically altered, granting significant new powers to the Attorney General and away from the Secretary of the Treasury, most employees will still report to work in the same places and perform similar functions.

A new office called the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) is established within the Dept. of Justice. The Director of BATFE is appointed by and answers to the Attorney General, and is to coordinate all firearm-related enforcement functions within the Department. The BATFE is responsible for investigating all criminal and regulatory violations of firearms requirements, essentially doing the work formerly performed by BATF, plus any other function related to violent crime or domestic terrorism, as determined by the Attorney General. Specified tax, financial and enforcement functions of the former BATF remain with Treasury in a new office called the Tax and Trade Bureau. A new headquarters for BATFE, based on prior approval for BATF, is authorized.

Sec. 1112. Technical And Conforming Amendments.

The Gist: Every reference in the U.S. Code and elsewhere to the Bureau of Alcohol, Tobacco and Firearms is changed to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Related references to the Secretary of the Treasury are changed to the Attorney General. Similar changes bring the code into conformance with the new governmental structure described in Sec. 1111 above. The mind-numbing list of citations and fixes that constitute this section have been omitted, with a small pertinent sample preserved below for flavor.

Sec. 1113. Powers Of Agents Of The Bureau Of Alcohol, Tobacco, Firearms, And Explosives.

The Gist: Agents of the new Bureau of Alcohol, Tobacco, Firearms and Explosives are authorized to carry firearms and perform law enforcement work. Any firearms forfeited for violation of a law of the U.S. are to be governed by a specified section of the Internal Revenue Code.

Sec. 1402. Federal Flight Deck Officer Program.

The Gist: Arm the pilots, round two. One year after a hasty and unproductive effort to arm airline pilots (see Sec. 128, this update), another effort is made here under the Homeland Security Act, and the former section is repealed. This takes the approach that pilots can volunteer to be deputized as federal agents, known as Federal Flight Deck Officers, and then qualify to bear arms aboard the aircraft. A huge range of issues are identified for study and resolution, including for example: the type of firearm and ammo to be used; placement of the gun in the cockpit to ensure both its security and easy retrieval; firearm retention; analysis of the risk of catastrophic aircraft failure from gunfire to controls or sensitive areas of the craft (the results are classified); accidental discharge reporting and repercussions; interaction between air marshals, the pilot, crew and other persons; pilot selection and training; storage and transit of guns between flights and when pilots go off site; notifying security staff when pilots or others are authorized to be armed; guidelines on use of lethal force; and anything else the authorities deem necessary.

Pilots with military and law enforcement backgrounds are to get preference in the selection process. Although guns will be provided, pilots may buy their own. Participating pilots are not eligible for compensation from the government for their services as FFDOs. Limited liability is provided for airlines, the pilots and the government, for use or failure to use the firearms. Air carriers are prohibited from pressuring or forbidding their pilots from volunteering for the program, firing them for participating, or refusing to let them pilot aircraft.

Preemption: Whenever necessary to participate in the program, pilots may carry firearms in any state and from one state to another.

Authority to carry outside the United States may be arranged, in consultation with the Secretary of State. Congress states that arming the pilots does not replace the need for air marshals.

Sec. 1403. Crew Training.

The Gist: Airline crews must receive classroom and hands-on situational training in self-defense techniques. The use of firearms is neither included nor prohibited, and several of the conditions (e.g., “use of protective devices assigned to crew members” “use of available items aboard the aircraft for self-defense” “methods to subdue and restrain an attacker”) may allow such use. The new training programs may be developed by the private sector.

Sec. 1404. Commercial Airline Security Study.

The Gist: The Transportation Secretary shall study the numbers of armed officials who may be aboard aircraft, and how they might be staggered to provide the best coverage.

Sec. 1405. Authority To Arm Flight Deck Crew With Less-Than-Lethal Weapons.

The Gist: An airline’s request to arm its pilots with less-than-lethal weapons must get a response from the Transportation Dept. within 90 days.

Sec. 1706. Transfer Of Certain Security And Law Enforcement Functions And Authorities.

The Gist: A new federal police force is authorized within the Dept. of Homeland Security to carry firearms and perform specified law enforcement work, subject to approval by both the Secretary of Homeland Security and the Attorney General. Blurring the lines between local police power and federal authority, paragraph (e) authorizes the Secretary of Homeland Security to enter into agreements with federal, state and local agencies, to enforce federal, state and local laws, concurrently with each other.

THE ACTUAL STATUTES

SMITH & WESSON PREFERENCE BAN
SMITH & WESSON PREFERENCE BAN
From: HR 4205, PL 106-398
(DOD Spending Bill 2000, signed by Clinton, 10/30/00)

"Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001" (This appears in the GLOA 3 reprint done in 2000)

SEC. 826. REQUIREMENT TO DISREGARD CERTAIN AGREEMENTS IN AWARDING CONTRACTS FOR THE PURCHASE OF FIREARMS OR AMMUNITION.

In accordance with the requirements contained in the amendments enacted in the Competition in Contracting Act of 1984 (title VII of division B of Public Law 98-369; 98 Stat. 1175), the Secretary of Defense may not, in awarding a contract for the purchase of firearms or ammunition, take into account whether a manufacturer or vendor of firearms or ammunition is a party to an agreement under which the manufacturer or vendor agrees to adopt limitations with respect to importing, manufacturing, or dealing in firearms or ammunition in the commercial market.

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THE USA PATRIOT ACT
THE USA PATRIOT ACT
From: HR 3162, PL 107-56
("The Patriot Act" antiterrorism bill introduced 10/23/01, signed by Bush 3 days later on 10/26/01, in response to Sept. 11 attacks.)

This Act may be cited as the `Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001'.

SEC. 315. INCLUSION OF FOREIGN CORRUPTION OFFENSES AS MONEY LAUNDERING CRIMES.

Section 1956(c)(7) of title 18, United States Code, is amended--

(1) in subparagraph (B)--

(A) in clause (ii), by striking `or destruction of property by means of explosive or fire' and inserting `destruction of property by means of explosive or fire, or a crime of violence (as defined in section 16)';

(B) in clause (iii), by striking `1978' and inserting `1978)'; and

(C) by adding at the end the following:

`(iv) bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official;

`(v) smuggling or export control violations involving--

`(I) an item controlled on the United States Munitions List established under section 38 of the Arms Export Control Act (22 U.S.C. 2778); or

`(II) an item controlled under regulations under the Export Administration Regulations (15 C.F.R. Parts 730-774); or

`(vi) an offense with respect to which the United States would be obligated by a multilateral treaty, either to extradite the alleged offender or to submit the case for prosecution, if the offender were found within the territory of the United States;'; and

(2) in subparagraph (D)--

(A) by inserting `section 541 (relating to goods falsely classified),' before `section 542';

(B) by inserting `section 922(1) (relating to the unlawful importation of firearms), section 924(n) (relating to firearms trafficking),' before `section 956';

SEC. 364. UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES.

Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended by adding at the end the following:

`(q) UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE FACILITIES-

`(1) Notwithstanding any other provision of law, to authorize personnel to act as law enforcement officers to protect and safeguard the premises, grounds, property, personnel, including members of the Board, of the Board, or any Federal reserve bank, and operations conducted by or on behalf of the Board or a reserve bank.

`(2) The Board may, subject to the regulations prescribed under paragraph (5), delegate authority to a Federal reserve bank to authorize personnel to act as law enforcement officers to protect and safeguard the bank's premises, grounds, property, personnel, and operations conducted by or on behalf of the bank.

`(3) Law enforcement officers designated or authorized by the Board or a reserve bank under paragraph (1) or (2) are authorized while on duty to carry firearms and make arrests without warrants for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States committed or being committed within the buildings and grounds of the Board or a reserve bank if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony. Such officers shall have access to law enforcement information that may be necessary for the protection of the property or personnel of the Board or a reserve bank.

`(4) For purposes of this subsection, the term `law enforcement officers' means personnel who have successfully completed law enforcement training and are authorized to carry firearms and make arrests pursuant to this subsection.

`(5) The law enforcement authorities provided for in this subsection may be exercised only pursuant to regulations prescribed by the Board and approved by the Attorney General.'.

SEC. 411. DEFINITIONS RELATING TO TERRORISM.

(a) GROUNDS OF INADMISSIBILITY- Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended--

(1) in subparagraph (B)--

(A) in clause (i)--

(i) by amending subclause (IV) to read as follows:

`(IV) is a representative (as defined in clause (v)) of--

`(aa) a foreign terrorist organization, as designated by the Secretary of State under section 219, or

`(bb) a political, social or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities,';

(ii) in subclause (V), by inserting `or' after `section 219,'; and

(iii) by adding at the end the following new subclauses:

`(VI) has used the alien's position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities, or

`(VII) is the spouse or child of an alien who is inadmissible under this section, if the activity causing the alien to be found inadmissible occurred within the last 5 years,';

(B) by redesignating clauses (ii), (iii), and (iv) as clauses (iii), (iv), and (v), respectively;

(C) in clause (i)(II), by striking `clause (iii)' and inserting `clause (iv)';

(D) by inserting after clause (i) the following:

`(ii) EXCEPTION- Subclause (VII) of clause (i) does not apply to a spouse or child--

`(I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or

`(II) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.';

(E) in clause (iii) (as redesignated by subparagraph (B))--

(i) by inserting `it had been' before `committed in the United States'; and

(ii) in subclause (V)(b), by striking `or firearm' and inserting `, firearm, or other weapon or dangerous device';

(F) by amending clause (iv) (as redesignated by subparagraph (B)) to read as follows:

`(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED- As used in this chapter, the term `engage in terrorist activity' means, in an individual capacity or as a member of an organization--

`(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;

`(II) to prepare or plan a terrorist activity;

`(III) to gather information on potential targets for terrorist activity;

`(IV) to solicit funds or other things of value for--

`(aa) a terrorist activity;

`(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or

`(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity;

`(V) to solicit any individual--

`(aa) to engage in conduct otherwise described in this clause;

`(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or

`(cc) for membership in a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity; or

`(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training--

`(aa) for the commission of a terrorist activity;

`(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;

`(cc) to a terrorist organization described in clause (vi)(I) or (vi)(II); or

`(dd) to a terrorist organization described in clause (vi)(III), unless the actor can demonstrate that he did not know, and should not reasonably have known, that the act would further the organization's terrorist activity.

This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that this clause should not apply.'; and

(G) by adding at the end the following new clause:

`(vi) TERRORIST ORGANIZATION DEFINED- As used in clause (i)(VI) and clause (iv), the term `terrorist organization' means an organization--

`(I) designated under section 219;

`(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General, as a terrorist organization, after finding that the organization engages in the activities described in subclause (I), (II), or (III) of clause (iv), or that the organization provides material support to further terrorist activity; or

`(III) that is a group of two or more individuals, whether organized or not, which engages in the activities described in subclause (I), (II), or (III) of clause (iv).'; and

(2) by adding at the end the following new subparagraph:

`(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS- Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.'.
---------------------------------------

ARM THE PILOTS
ARM THE PILOTS

From: S1447 PL 107-71
(Aviation security bill, signed by Bush, 11/19/01)


This Act may be cited as the `Aviation and Transportation Security Act'.

SEC 101, new 49 USC 114

`(q) LAW ENFORCEMENT POWERS-

`(1) IN GENERAL- The Under Secretary may designate an employee of the Transportation Security Administration to serve as a law enforcement officer.

`(2) POWERS- While engaged in official duties of the Administration as required to fulfill the responsibilities under this section, a law enforcement officer designated under paragraph (1) may--

`(A) carry a firearm;

`(B) make an arrest without a warrant for any offense against the United States committed in the presence of the officer, or for any felony cognizable under the laws of the United States if the officer has probable cause to believe that the person to be arrested has committed or is committing the felony; and

`(C) seek and execute warrants for arrest or seizure of evidence issued under the authority of the United States upon probable cause that a violation has been committed.

`(3) GUIDELINES ON EXERCISE OF AUTHORITY- The authority provided by this subsection shall be exercised in accordance with guidelines prescribed by the Under Secretary, in consultation with the Attorney General of the United States, and shall include adherence to the Attorney General's policy on use of deadly force.

`(4) REVOCATION OR SUSPENSION OF AUTHORITY- The powers authorized by this subsection may be rescinded or suspended should the Attorney General determine that the Under Secretary has not complied with the guidelines prescribed in paragraph (3) and conveys the determination in writing to the Secretary of Transportation and the Under Secretary.

SEC105, new 49 USC 44917 (a)(6)

`Sec. 44917. Deployment of Federal air marshals

`(a) IN GENERAL- The Under Secretary of Transportation for Security under the authority provided by section 44903(d)--

`(1) may provide for deployment of Federal air marshals on every passenger flight of air carriers in air transportation or intrastate air transportation;

`(2) shall provide for deployment of Federal air marshals on every such flight determined by the Secretary to present high security risks;

`(3) shall provide for appropriate training, supervision, and equipment of Federal air marshals;

`(4) shall require air carriers providing flights described in paragraph (1) to provide seating for a Federal air marshal on any such flight without regard to the availability of seats on the flight and at no cost to the United States Government or the marshal;

`(5) may require air carriers to provide, on a space-available basis, to an off-duty Federal air marshal a seat on a flight to the airport nearest the marshal's home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties;

`(6) may enter into agreements with Federal, State, and local agencies under which appropriately-trained law enforcement personnel from such agencies, when traveling on a flight of an air carrier, will carry a firearm and be prepared to assist Federal air marshals;

`(7) shall establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft; and

`(8) may appoint--

`(A) an individual who is a retired law enforcement officer;

`(B) an individual who is a retired member of the Armed Forces; and

`(C) an individual who has been furloughed from an air carrier crew position in the 1-year period beginning on September 11, 2001,

as a Federal air marshal, regardless of age, if the individual otherwise meets the background and fitness qualifications required for Federal air marshals.

SEC 107, new 49 USC 44918(b)(4)

SEC. 107. CREW TRAINING.

(a) IN GENERAL- Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following:

`Sec. 44918. Crew training

`(a) IN GENERAL- Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, the Administrator of the Federal Aviation Administration, in consultation with the Under Secretary of Transportation for Security, appropriate law enforcement, security, and terrorism experts, representatives of air carriers and labor organizations representing individuals employed in commercial aviation, shall develop detailed guidance for a scheduled passenger air carrier flight and cabin crew training program to prepare crew members for potential threat conditions.

`(b) PROGRAM ELEMENTS- The guidance shall require such a program to include, at a minimum, elements that address the following:

`(1) Determination of the seriousness of any occurrence.

`(2) Crew communication and coordination.

`(3) Appropriate responses to defend oneself.

`(4) Use of protective devices assigned to crew members (to the extent such devices are required by the Administrator or Under Secretary).

`(5) Psychology of terrorists to cope with hijacker behavior and passenger responses.

`(6) Live situational training exercises regarding various threat conditions.

`(7) Flight deck procedures or aircraft maneuvers to defend the aircraft.

`(8) Any other subject matter deemed appropriate by the Administrator.

SEC 110. new 49 USC 44901(g)

(b) PASSENGERS AND PROPERTY- Section 44901 of title 49, United States Code, is amended--

(1) by redesignating subsection (c) as subsection (h); and

(2) by striking subsections (a) and (b) and inserting the following:

`(g) Deployment of Armed Personnel-

`(1) IN GENERAL- The Under Secretary shall order the deployment of law enforcement personnel authorized to carry firearms at each airport security screening location to ensure passenger safety and national security.

SEC 126, new 49 USC 44903 (h)

SEC. 126. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.

(a) NATIONAL INSTITUTE OF JUSTICE STUDY- The National Institute of Justice shall assess the range of less-than-lethal weaponry available for use by a flight deck crewmember temporarily to incapacitate an individual who presents a clear and present danger to the safety of the aircraft, its passengers, or individuals on the ground and report its findings and recommendations to the Secretary of Transportation within 90 days after the date of enactment of this Act.

(b) ARMING FLIGHT DECK CREW- Section 44903 of title 49, United States Code, is amended by adding at the end the following:

`(h) Authority to Arm Flight Deck Crew With Less-Than-Lethal Weapons-

`(1) IN GENERAL- If the Secretary, after receiving the recommendations of the National Institute of Justice, determines, with the approval of the Attorney General and the Secretary of State, that it is appropriate and necessary and would effectively serve the public interest in avoiding air piracy, the Secretary may authorize members of the flight deck crew on any aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon while the aircraft is engaged in providing such transportation.

`(2) USAGE- If the Secretary grants authority under paragraph (1) for flight deck crew members to carry a less-than-lethal weapon while engaged in providing air transportation or intrastate air transportation, the Secretary shall--

`(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and

`(B) prescribe guidelines setting forth the circumstances under which such weapons may be used.'.

SEC. 128. FLIGHT DECK SECURITY. <Note: No statute number assigned. -Alan>

The pilot of a passenger aircraft operated by an air carrier in air transportation or intrastate air transportation is authorized to carry a firearm into the cockpit if--

(1) the Under Secretary of Transportation for Security approves;

(2) the air carrier approves;

(3) the firearm is approved by the Under Secretary; and

(4) the pilot has received proper training for the use of the firearm, as determined by the Under Secretary.

SEC 131, new 49 USC 44944(c)

SEC. 131. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING COMMERCIAL FLIGHTS.

(a) IN GENERAL- Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new section:

`Sec. 44944. Voluntary provision of emergency services

`(a) Program for Provision of Voluntary Services-

`(1) PROGRAM- The Under Secretary of Transportation for Transportation Security shall carry out a program to permit qualified law enforcement officers, firefighters, and emergency medical technicians to provide emergency services on commercial air flights during emergencies.

`(2) REQUIREMENTS- The Under Secretary shall establish such requirements for qualifications of providers of voluntary services under the program under paragraph (1), including training requirements, as the Under Secretary considers appropriate.

`(3) CONFIDENTIALITY OF REGISTRY- If as part of the program under paragraph (1) the Under Secretary requires or permits registration of law enforcement officers, firefighters, or emergency medical technicians who are willing to provide emergency services on commercial flights during emergencies, the Under Secretary shall take appropriate actions to ensure that the registry is available only to appropriate airline personnel and otherwise remains confidential.

`(4) CONSULTATION- The Under Secretary shall consult with appropriate representatives of the commercial airline industry, and organizations representing community-based law enforcement, firefighters, and emergency medical technicians, in carrying out the program under paragraph (1), including the actions taken under paragraph (3).

`(b) EXEMPTION FROM LIABILITY- An individual shall not be liable for damages in any action brought in a Federal or State court that arises from an act or omission of the individual in providing or attempting to provide assistance in the case of an in-flight emergency in an aircraft of an air carrier if the individual meets such qualifications as the Under Secretary shall prescribe for purposes of this section.

`(c) EXCEPTION- The exemption under subsection (b) shall not apply in any case in which an individual provides, or attempts to provide, assistance described in that paragraph in a manner that constitutes gross negligence or willful misconduct.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`44944. Voluntary provision of emergency services.'.

(c) CONSTRUCTION REGARDING POSSESSION OF FIREARMS- Nothing in this section may be construed to require any modification of regulations of the Department of Transportation governing the possession of firearms while in aircraft or air transportation facilities or to authorize the possession of a firearm in an aircraft or any such facility not authorized under those regulations.

HOMELAND SECURITY ACT
HOMELAND SECURITY ACT

From: Public Law 107-296
“Homeland Security Act of 2002”
Enacted November 25, 2002

Sec. 231. Establishment Of Office; Director.

(a) ESTABLISHMENT-

(1) IN GENERAL- There is hereby established within the Department of Justice an Office of Science and Technology (hereinafter in this title referred to as the `Office').

(2) AUTHORITY- The Office shall be under the general authority of the Assistant Attorney General, Office of Justice Programs, and shall be established within the National Institute of Justice.

(b) DIRECTOR- The Office shall be headed by a Director, who shall be an individual appointed based on approval by the Office of Personnel Management of the executive qualifications of the individual.

Sec. 232. Mission Of Office; Duties.

(a) MISSION- The mission of the Office shall be--

(6) To carry out research, development, testing, evaluation, and cost-benefit analyses in fields that would improve the safety, effectiveness, and efficiency of law enforcement technologies used by Federal, State, and local law enforcement agencies, including, but not limited to--

(A) weapons capable of preventing use by unauthorized persons, including personalized guns;

(B) protective apparel;

(C) bullet-resistant and explosion-resistant glass;

(c) COMPETITION REQUIRED- Except as otherwise expressly provided by law, all research and development carried out by or through the Office shall be carried out on a competitive basis.

(e) PUBLICATIONS- Decisions concerning publications issued by the Office shall rest solely with the Director of the Office.

Sec. 812. Law Enforcement Powers Of Inspector General Agents.

(a) IN GENERAL- Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

`(e)(1) In addition to the authority otherwise provided by this Act, each Inspector General appointed under section 3, any Assistant Inspector General for Investigations under such an Inspector General, and any special agent supervised by such an Assistant Inspector General may be authorized by the Attorney General to--

`(A) carry a firearm while engaged in official duties as authorized under this Act or other statute, or as expressly authorized by the Attorney General;

`(4) The Attorney General shall promulgate, and revise as appropriate, guidelines which shall govern the exercise of the law enforcement powers established under paragraph (1).

Sec. 1111. Bureau Of Alcohol, Tobacco, Firearms, And Explosives.

(a) ESTABLISHMENT-

(1) IN GENERAL- There is established within the Department of Justice under the general authority of the Attorney General the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the `Bureau').

(2) DIRECTOR- There shall be at the head of the Bureau a Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this subtitle referred to as the `Director'). The Director shall be appointed by the Attorney General and shall perform such functions as the Attorney General shall direct. The Director shall receive compensation at the rate prescribed by law under section 5314 of title V, United States Code, for positions at level III of the Executive Schedule.

(3) COORDINATION- The Attorney General, acting through the Director and such other officials of the Department of Justice as the Attorney General may designate, shall provide for the coordination of all firearms, explosives, tobacco enforcement, and arson enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among any officer, employee, or agency of the Department of Justice involved in the performance of these and related functions.

(4) PERFORMANCE OF TRANSFERRED FUNCTIONS- The Attorney General may make such provisions as the Attorney General determines appropriate to authorize the performance by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under this section.

(b) RESPONSIBILITIES- Subject to the direction of the Attorney General, the Bureau shall be responsible for investigating--

(1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws;

(2) the functions transferred by subsection (c); and

(3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General.

(c) TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO THE DEPARTMENT OF JUSTICE-

(1) IN GENERAL- Subject to paragraph (2), but notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, which shall be maintained as a distinct entity within the Department of Justice, including the related functions of the Secretary of the Treasury.

(2) ADMINISTRATION AND REVENUE COLLECTION FUNCTIONS- There shall be retained within the Department of the Treasury the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms relating to the administration and enforcement of chapters 51 and 52 of the Internal Revenue Code of 1986, sections 4181 and 4182 of the Internal Revenue Code of 1986, and title 27, United States Code.

(3) BUILDING PROSPECTUS- Prospectus PDC-98W10, giving the General Services Administration the authority for site acquisition, design, and construction of a new headquarters building for the Bureau of Alcohol, Tobacco and Firearms, is transferred, and deemed to apply, to the Bureau of Alcohol, Tobacco, Firearms, and Explosives established in the Department of Justice under subsection (a).

(d) TAX AND TRADE BUREAU-

(1) ESTABLISHMENT- There is established within the Department of the Treasury the Tax and Trade Bureau.

(2) ADMINISTRATOR- The Tax and Trade Bureau shall be headed by an Administrator, who shall perform such duties as assigned by the Under Secretary for Enforcement of the Department of the Treasury. The Administrator shall occupy a career-reserved position within the Senior Executive Service.

(3) RESPONSIBILITIES- The authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms that are not transferred to the Department of Justice under this section shall be retained and administered by the Tax and Trade Bureau.

Sec. 1112. Technical And Conforming Amendments.

(f) Chapter 44 of title 18, United States Code, is amended--

(1) in section 921(a)(4)(B), by striking `Secretary' and inserting `Attorney General';

(2) in section 921(a)(4), by striking `Secretary of the Treasury' and inserting `Attorney General';

(3) in section 921(a), by striking paragraph (18) and inserting the following:

`(18) The term `Attorney General' means the Attorney General of the United States';

(4) in section 922(p)(5)(A), by striking `after consultation with the Secretary' and inserting `after consultation with the Attorney General';

(5) in section 923(l), by striking `Secretary of the Treasury' and inserting `Attorney General'; and

(6) by striking `Secretary' each place it appears, except before `of the Army' in section 921(a)(4) and before `of Defense' in section 922(p)(5)(A), and inserting the term `Attorney General'.

Sec. 1113. Powers Of Agents Of The Bureau Of Alcohol, Tobacco, Firearms, And Explosives.

Chapter 203 of title 18, United States Code, is amended by adding the following:

`Sec. 3051. Powers of Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives.

`(a) Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other investigator or officer charged by the Attorney General with the duty of enforcing any of the criminal, seizure, or forfeiture provisions of the laws of the United States, may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.

`(c)(3) Notwithstanding any other provision of law, the disposition of firearms forfeited by reason of a violation of any law of the United States shall be governed by the provisions of section 5872(b) of the Internal Revenue Code of 1986.'.

Sec. 1402. Federal Flight Deck Officer Program.

(a) IN GENERAL- Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following:

`Sec. 44921. Federal flight deck officer program

`(a) ESTABLISHMENT- The Under Secretary of Transportation for Security shall establish a program to deputize volunteer pilots of air carriers providing passenger air transportation or intrastate passenger air transportation as Federal law enforcement officers to defend the flight decks of aircraft of such air carriers against acts of criminal violence or air piracy. Such officers shall be known as `Federal flight deck officers'.

`(b) PROCEDURAL REQUIREMENTS-

`(1) IN GENERAL- Not later than 3 months after the date of enactment of this section, the Under Secretary shall establish procedural requirements to carry out the program under this section.

`(2) COMMENCEMENT OF PROGRAM- Beginning 3 months after the date of enactment of this section, the Under Secretary shall begin the process of training and deputizing pilots who are qualified to be Federal flight deck officers as Federal flight deck officers under the program.

`(3) ISSUES TO BE ADDRESSED- The procedural requirements established under paragraph (1) shall address the following issues:

`(A) The type of firearm to be used by a Federal flight deck officer.

`(B) The type of ammunition to be used by a Federal flight deck officer.

`(C) The standards and training needed to qualify and requalify as a Federal flight deck officer.

`(D) The placement of the firearm of a Federal flight deck officer on board the aircraft to ensure both its security and its ease of retrieval in an emergency.

`(E) An analysis of the risk of catastrophic failure of an aircraft as a result of the discharge (including an accidental discharge) of a firearm to be used in the program into the avionics, electrical systems, or other sensitive areas of the aircraft.

`(F) The division of responsibility between pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal flight deck officer and if both pilots are Federal flight deck officers.

`(G) Procedures for ensuring that the firearm of a Federal flight deck officer does not leave the cockpit if there is a disturbance in the passenger cabin of the aircraft or if the pilot leaves the cockpit for personal reasons.

`(H) Interaction between a Federal flight deck officer and a Federal air marshal on board the aircraft.

`(I) The process for selection of pilots to participate in the program based on their fitness to participate in the program, including whether an additional background check should be required beyond that required by section 44936(a)(1).

`(J) Storage and transportation of firearms between flights, including international flights, to ensure the security of the firearms, focusing particularly on whether such security

would be enhanced by requiring storage of the firearm at the airport when the pilot leaves the airport to remain overnight away from the pilot's base airport.

`(K) Methods for ensuring that security personnel will be able to identify whether a pilot is authorized to carry a firearm under the program.

`(L) Methods for ensuring that pilots (including Federal flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to carry a firearm aboard the aircraft.

`(M) Any other issues that the Under Secretary considers necessary.

`(N) The Under Secretary's decisions regarding the methods for implementing each of the foregoing procedural requirements shall be subject to review only for abuse of discretion.

`(4) PREFERENCE- In selecting pilots to participate in the program, the Under Secretary shall give preference to pilots who are former military or law enforcement personnel.

`(5) CLASSIFIED INFORMATION- Notwithstanding section 552 of title 5 but subject to section 40119 of this title, information developed under paragraph (3)(E) shall not be disclosed.

`(6) NOTICE TO CONGRESS- The Under Secretary shall provide notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate after completing the analysis required by paragraph (3)(E).

`(7) MINIMIZATION OF RISK- If the Under Secretary determines as a result of the analysis under paragraph (3)(E) that there is a significant risk of the catastrophic failure of an aircraft as a result of the discharge of a firearm, the Under Secretary shall take such actions as may be necessary to minimize that risk.

`(c) TRAINING, SUPERVISION, AND EQUIPMENT-

`(1) IN GENERAL- The Under Secretary shall only be obligated to provide the training, supervision, and equipment necessary for a pilot to be a Federal flight deck officer under this section at no expense to the pilot or the air carrier employing the pilot.

`(2) TRAINING-

`(A) IN GENERAL- The Under Secretary shall base the requirements for the training of Federal flight deck officers under subsection (b) on the training standards applicable to Federal air marshals; except that the Under Secretary shall take into account the differing roles and responsibilities of Federal flight deck officers and Federal air marshals.

`(B) ELEMENTS- The training of a Federal flight deck officer shall include, at a minimum, the following elements:

`(i) Training to ensure that the officer achieves the level of proficiency with a firearm required under subparagraph (C)(i).

`(ii) Training to ensure that the officer maintains exclusive control over the officer's firearm at all times, including training in defensive maneuvers.

`(iii) Training to assist the officer in determining when it is appropriate to use the officer's firearm and when it is appropriate to use less than lethal force.

`(C) TRAINING IN USE OF FIREARMS-

`(i) STANDARD- In order to be deputized as a Federal flight deck officer, a pilot must achieve a level of proficiency with a firearm that is required by the Under Secretary. Such level shall be comparable to the level of proficiency required of Federal air marshals.

`(ii) CONDUCT OF TRAINING- The training of a Federal flight deck officer in the use of a firearm may be conducted by the Under Secretary or by a firearms training facility approved by the Under Secretary.

`(iii) REQUALIFICATION- The Under Secretary shall require a Federal flight deck officer to requalify to carry a firearm under the program. Such requalification shall occur at an interval required by the Under Secretary.

`(d) DEPUTIZATION-

`(1) IN GENERAL- The Under Secretary may deputize, as a Federal flight deck officer under this section, a pilot who submits to the Under Secretary a request to be such an officer and whom the Under Secretary determines is qualified to be such an officer.

`(2) QUALIFICATION- A pilot is qualified to be a Federal flight deck officer under this section if--

`(A) the pilot is employed by an air carrier;

`(B) the Under Secretary determines (in the Under Secretary's discretion) that the pilot meets the standards established by the Under Secretary for being such an officer; and

`(C) the Under Secretary determines that the pilot has completed the training required by the Under Secretary.

`(3) DEPUTIZATION BY OTHER FEDERAL AGENCIES- The Under Secretary may request another Federal agency to deputize, as Federal flight deck officers under this section, those pilots that the Under Secretary determines are qualified to be such officers.

`(4) REVOCATION- The Under Secretary may, (in the Under Secretary's discretion) revoke the deputization of a pilot as a Federal flight deck officer if the Under Secretary finds that the pilot is no longer qualified to be such an officer.

`(e) COMPENSATION- Pilots participating in the program under this section shall not be eligible for compensation from the Federal Government for services provided as a Federal flight deck officer. The Federal Government and air carriers shall not be obligated to compensate a pilot for participating in the program or for the pilot's training or qualification and requalification to carry firearms under the program.

`(f) AUTHORITY TO CARRY FIREARMS-

`(1) IN GENERAL- The Under Secretary shall authorize a Federal flight deck officer to carry a firearm while engaged in providing air transportation or intrastate air transportation. Notwithstanding subsection (c)(1), the officer may purchase a firearm and carry that firearm aboard an aircraft of which the officer is the pilot in accordance with this section if the firearm is of a type that may be used under the program.

`(2) PREEMPTION- Notwithstanding any other provision of Federal or State law, a Federal flight deck officer, whenever necessary to participate in the program, may carry a firearm in any State and from 1 State to another State.

`(3) CARRYING FIREARMS OUTSIDE UNITED STATES- In consultation with the Secretary of State, the Under Secretary may take such action as may be necessary to ensure that a Federal flight deck officer may carry a firearm in a foreign country whenever necessary to participate in the program.

`(g) AUTHORITY TO USE FORCE- Notwithstanding section 44903(d), the Under Secretary shall prescribe the standards and circumstances under which a Federal flight deck officer may use, while the program under this section is in effect, force (including lethal force) against an individual in the defense of the flight deck of an aircraft in air transportation or intrastate air transportation.

`(h) LIMITATION ON LIABILITY-

`(1) LIABILITY OF AIR CARRIERS- An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of a Federal flight deck officer's use of or failure to use a firearm.

`(2) LIABILITY OF FEDERAL FLIGHT DECK OFFICERS- A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the officer in defending the flight deck of an aircraft against acts of criminal violence or air piracy unless the officer is guilty of gross negligence or willful misconduct.

`(3) LIABILITY OF FEDERAL GOVERNMENT- For purposes of an action against the United States with respect to an act or omission of a Federal flight deck officer in defending the flight deck of an aircraft, the officer shall be treated as an employee of the Federal Government under chapter 171 of title 28, relating to tort claims procedure.

`(i) PROCEDURES FOLLOWING ACCIDENTAL DISCHARGES- If an accidental discharge of a firearm under the pilot program results in the injury or death of a passenger or crew member on an aircraft, the Under Secretary--

`(1) shall revoke the deputization of the Federal flight deck officer responsible for that firearm if the Under Secretary determines that the discharge was attributable to the negligence of the officer; and

`(2) if the Under Secretary determines that a shortcoming in standards, training, or procedures was responsible for the accidental discharge, the Under Secretary may temporarily suspend the program until the shortcoming is corrected.

`(j) LIMITATION ON AUTHORITY OF AIR CARRIERS- No air carrier shall prohibit or threaten any retaliatory action against a pilot employed by the air carrier from becoming a Federal flight deck officer under this section. No air carrier shall--

`(1) prohibit a Federal flight deck officer from piloting an aircraft operated by the air carrier, or

`(2) terminate the employment of a Federal flight deck officer, solely on the basis of his or her volunteering for or participating in the program under this section.

`(k) APPLICABILITY-

`(1) EXEMPTION- This section shall not apply to air carriers operating under part 135 of title 14, Code of Federal Regulations, and to pilots employed by such carriers to the extent that such carriers and pilots are covered by section 135.119 of such title or any successor to such section.

`(2) PILOT DEFINED- The term `pilot' means an individual who has final authority and responsibility for the operation and safety of the flight or, if more than 1 pilot is required for the operation of the aircraft or by the regulations under which the flight is being conducted, the individual designated as second in command.'.

(b) CONFORMING AMENDMENTS-

(1) CHAPTER ANALYSIS- The analysis for such chapter is amended by inserting after the item relating to section 44920 the following:

`44921. Federal flight deck officer program.'.

(2) FLIGHT DECK SECURITY- Section 128 of the Aviation and Transportation Security Act (Public Law 107-71) is repealed.

(c) FEDERAL AIR MARSHAL PROGRAM-

(1) SENSE OF CONGRESS- It is the sense of Congress that the Federal air marshal program is critical to aviation security.

(2) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this Act, including any amendment made by this Act, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

Sec. 1403. Crew Training.

(a) IN GENERAL- Section 44918(e) of title 49, United States Code, is amended--

(1) by striking `The Administrator' and inserting the following:

`(1) IN GENERAL- The Under Secretary';

(2) by adding at the end the following:

`(2) ADDITIONAL REQUIREMENTS- In updating the training guidance, the Under Secretary, in consultation with the Administrator, shall issue a rule to--

`(A) require both classroom and effective hands-on situational training in the following elements of self defense:

`(i) recognizing suspicious activities and determining the seriousness of an occurrence;

`(ii) deterring a passenger who might present a problem;

`(iii) crew communication and coordination;

`(iv) the proper commands to give to passengers and attackers;

`(v) methods to subdue and restrain an attacker;

`(vi) use of available items aboard the aircraft for self-defense;

`(vii) appropriate and effective responses to defend oneself, including the use of force against an attacker;

`(viii) use of protective devices assigned to crew members (to the extent such devices are approved by the Administrator or Under Secretary);

`(ix) the psychology of terrorists to cope with their behavior and passenger responses to that behavior;

`(x) how to respond to aircraft maneuvers that may be authorized to defend against an act of criminal violence or air piracy;

`(F) ensure that no person is required to participate in any hands-on training activity that that person believes will have an adverse impact on his or her health or safety.

`(3) RESPONSIBILITY OF UNDER SECRETARY- (A) CONSULTATION- In developing the rule under paragraph (2), the Under Secretary shall consult with law enforcement personnel and security experts who have expertise in self-defense training, terrorism experts, and representatives of air carriers, the provider of self-defense training for Federal air marshals, flight attendants, labor organizations representing flight attendants, and educational institutions offering law enforcement training programs.

Sec. 1404. Commercial Airline Security Study.

(a) STUDY- The Secretary of Transportation shall conduct a study of the following:

(1) The number of armed Federal law enforcement officers (other than Federal air marshals), who travel on commercial airliners annually and the frequency of their travel.

(5) The feasibility of staggering the flights of such officers to ensure the maximum amount of flights have a certified trained Federal officer on board.

Sec. 1405. Authority To Arm Flight Deck Crew With Less-Than-Lethal Weapons.

(a) IN GENERAL- Section 44903(i) of title 49, United States Code (as redesignated by section 6 of this Act) is amended by adding at the end the following:

`(3) REQUEST OF AIR CARRIERS TO USE LESS-THAN-LETHAL WEAPONS- If, after the date of enactment of this paragraph, the Under Secretary receives a request from an air carrier for authorization to allow pilots of the air carrier to carry less-than-lethal weapons, the Under Secretary shall respond to that request within 90 days.'.

(b) CONFORMING AMENDMENTS- Such section is further amended--

(1) in paragraph (1) by striking `Secretary' the first and third places it appears and inserting `Under Secretary'; and

(2) in paragraph (2) by striking `Secretary' each place it appears and inserting `Under Secretary'.

Sec. 1706. Transfer Of Certain Security And Law Enforcement Functions And Authorities.

(b) LAW ENFORCEMENT AUTHORITY-

(1) IN GENERAL- Section 1315 of title 40, United States Code, is amended to read as follows:

`Sec. 1315. Law enforcement authority of Secretary of Homeland Security for protection of public property

`(b) OFFICERS AND AGENTS-

`(1) DESIGNATION- The Secretary may designate employees of the Department of Homeland Security, including employees transferred to the Department from the Office of the Federal Protective Service of the General Services Administration pursuant to the Homeland Security Act of 2002, as officers and agents for duty in connection with the protection of property owned or occupied by the Federal Government and persons on the property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property.

`(2) POWERS- While engaged in the performance of official duties, an officer or agent designated under this subsection may--

`(B) carry firearms;

`(e) AUTHORITY OUTSIDE FEDERAL PROPERTY- For the protection of property owned or occupied by the Federal Government and persons on the property, the Secretary may enter into agreements with Federal agencies and with State and local governments to obtain authority for officers and agents designated under this section to enforce Federal laws and State and local laws concurrently with other Federal law enforcement officers and with State and local law enforcement officers.

`(f) SECRETARY AND ATTORNEY GENERAL APPROVAL- The powers granted to officers and agents designated under this section shall be exercised in accordance with guidelines approved by the Secretary and the Attorney General.


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Gun Laws of America 

by Alan Korwin with Attorney Michael P. Anthony
ISBN: 1-889632-04-X 368 pgs., $19.95
Library of Congress Catalog Card Number: 95-77339
A word-for-word copy of every federal gun law on the books
WITH PLAIN ENGLISH SUMMARIES 

It's like having a complete gun-law library in one volume. Don't be fooled by BATF's partial set.  This is the first time that every federal gun law has been collected and printed.  Laws about the proper authorities, the Militia, National Guard, citizens, collectors, dealers, manufacturers, importers, global disarmament, free training ammo, your rights, the governments limits, the Lost National Right to Carry; many of the laws protect people or regulate the government but are virtually unknown. If you knew all your rights you might demand them! Good laws, bad laws, 70 pages of juicy intro material, and the plain-English summaries make everything so easy. It's actually fun to read -- you'll refer to it again and again. You owe it to yourself to keep a copy of the laws handy... settles arguments big time. Broadly endorsed by legal experts. "Outstanding," -former Arizona Attorney General Bob Corbin. "Unique," -Constitutional scholar and attorney Stephen P. Halbrook, Ph.D. 

Makes a better gift than a tie. 

Replaces the black hole of ignorance with the pure white light of knowledge. 

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Copyright © 2003 Alan Korwin 

All rights reserved 

No part of the original content of this publication may be reproduced or transmitted in any form or by any means now known or which will become known, without written permission from the publisher. 

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Every gun owner needs this book.  It doesn't make sense to own a gun and not know the rules.