Sec. 5. Granting the attorney general the authority to deny the sale, delivery, or transfer of firearms or explosives to known or suspected terrorists
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Section 922(t) of title 18, United States Code, is amended by adding at the end the following: When the Attorney General is notified of a request to transfer a firearm or an explosive to a person who is being, or has been investigated during the previous 5 years, as a known or suspected terrorist, the Attorney General shall, as appropriate, notify relevant Federal, State, or local law enforcement agencies or intelligence agencies concerning the identity of the prospective transferee.
Upon being notified of a prospective transfer of a firearm or an explosive to a person who is being investigated as a known or suspected terrorist, the Attorney General or the United States attorney for the district in which the licensee is located may— delay the transfer of the firearm or explosive for a period not to exceed 3 business days; and file an emergency petition in a court of competent jurisdiction to prohibit the transfer of the firearm or explosive, which petition shall receive the highest priority on the docket of that court.
An emergency petition filed under subparagraph
(B)shall be granted upon a showing of probable cause to believe that the prospective transferee will commit an act of terrorism, or is prohibited from possessing or receiving a firearm under subsection
(g)or (n). An emergency petition filed under subparagraph
(B)to prohibit the transfer of a firearm or explosive may be granted only after a hearing— of which the prospective transferee receives actual notice; and at which the prospective transferee has an opportunity to participate with counsel. In the case of an emergency petition filed under subparagraph
(B)which is denied, the court shall require that the United States pay the costs and attorney fees of the prospective transferee. . The amendments made by this section do not preclude the Attorney General from arresting and detaining a person, including a person described in section 922(t)(7) of title 18, United States Code, with regard to whom an emergency petition has been filed under such paragraph, if the Attorney General has probable cause to believe that the person has committed, conspired to commit, or attempted to commit an act of terrorism.