Page:United States Statutes at Large Volume 119.djvu/830

 119 STAT. 812

PUBLIC LAW 109–58—AUG. 8, 2005

barreled rifle, a machinegun, a semiautomatic assault weapon, ammunition for any such gun or weapon, or a large capacity ammunition feeding device, in carrying out the duties of the Commission, the Commission may authorize the security personnel of any licensee or certificate holder of the Commission (including an employee of a contractor of such a licensee or certificate holder) to transfer, receive, possess, transport, import, and use 1 or more such guns, weapons, ammunition, or devices, if the Commission determines that— ‘‘(1) the authorization is necessary to the discharge of the official duties of the security personnel; and ‘‘(2) the security personnel— ‘‘(A) are not otherwise prohibited from possessing or receiving a firearm under Federal or State laws relating to possession of firearms by a certain category of persons; ‘‘(B) have successfully completed any requirement under this section for training in the use of firearms and tactical maneuvers; ‘‘(C) are engaged in the protection of— ‘‘(i) a facility owned or operated by a licensee or certificate holder of the Commission that is designated by the Commission; or ‘‘(ii) radioactive material or other property owned or possessed by a licensee or certificate holder of the Commission, or that is being transported to or from a facility owned or operated by such a licensee or certificate holder, and that has been determined by the Commission to be of significance to the common defense and security or public health and safety; and ‘‘(D) are discharging the official duties of the security personnel in transferring, receiving, possessing, transporting, or importing the weapons, ammunition, or devices. ‘‘c. BACKGROUND CHECKS.—A person that receives, possesses, transports, imports, or uses a weapon, ammunition, or a device under subsection (b) shall be subject to a background check by the Attorney General, based on fingerprints and including a background check under section 103(b) of the Brady Handgun Violence Prevention Act (Public Law 103–159; 18 U.S.C. 922 note) to determine whether the person is prohibited from possessing or receiving a firearm under Federal or State law. ‘‘d. EFFECTIVE DATE.—This section takes effect on the date on which guidelines are issued by the Commission, with the approval of the Attorney General, to carry out this section.’’. SEC. 654. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

Section 229 of the Atomic Energy Act of 1954 (42 U.S.C. 2278a) is amended— (1) by striking ‘‘SEC. 229, TRESPASS UPON COMMISSION INSTALLATIONS.—’’ and inserting the following: ‘‘SEC. 229. TRESPASS ON COMMISSION INSTALLATIONS.’’;

(2) by adjusting the indentations of subsections a., b., and c. so as to reflect proper subsection indentations; and (3) in subsection a.— (A) in the first sentence, by striking ‘‘a. The’’ and inserting the following: ‘‘a.(1) The’’;

VerDate 14-DEC-2004

08:19 Oct 26, 2006

Jkt 039194

PO 00001

Frm 00810

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.119

APPS06

PsN: PUBL001

�