A bill to combat criminal misuse of explosives.
Dangerous Explosives Background Checks Requirement Act - Amends the Federal criminal code to prohibit a person other than a Federal explosive materials licensee or permittee from knowingly: (1) transporting, shipping, causing to be transported, or receiving explosive materials (currently, in interstate or foreign commerce, and with a specified exception based on residency); or (2) distributing explosive materials to any person other than such a licensee or permittee (currently, who the distributor knows or has reasonable cause to believe does not reside in the same State or who is a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence).
Directs the Secretary of the Treasury to: (1) promulgate final regulations with respect to such provisions within 180 days; and (2) notify the States, upon promulgation of final regulations, so the States may consider legislation to amend relevant State laws relating to explosives.
Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; (2) either the system provides the licensee with a unique identification number or five days (on which State offices are open) have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate Federal law; (3) the transferor has verified the identity of the transferee by examining a valid identification document of the transferee containing a photograph of the transferee; and (4) the transferor has examined the permit issued to the transferee and recorded the permit number on the record of the transfer. Requires the system to assign a unique identification number to the transfer and provide the licensee with the number if receipt of explosive materials would not violate code provisions or State law. Makes this prohibition inapplicable in certain cases based on impracticability.
Sets forth provisions regarding: (1) penalties for prohibition violations; (2) immunity from liability for governments and government employees responsible for providing information to the system; (3) information to be supplied to individuals determined to be ineligible to receive explosive materials; and (4) the remedy for erroneous denial of explosive materials.
Requires applications for explosive materials licenses and user permits to include fingerprints and a photograph of each applicant. Modifies the fee amount that the Secretary may set for licenses and permits. Sets penalties for violation of background check provisions of this Act.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8373)
Read twice and referred to the Committee on Judiciary.
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