Florida Sen. Marco Rubio has introduced a bill that would strip individuals who are merely suspected — not convicted — of domestic terrorism of their Second Amendment rights. Subjects of a terrorism investigation would be reported to the FBI’s NICS background check system, allowing delays of gun purchases of up to 10 days and a court could stop the sale entirely.
The Terror Intelligence Improvement Act would:
- Consolidate all federal terrorism investigation intelligence under the Federal Bureau of Investigation (FBI), strengthening the FBI’s capabilities and making sure dangerous individuals do not fall through the cracks.
- Require the FBI Director and the Joint Terrorism Task Force (JTTF) be immediately notified of any request to transfer a firearm to an individual who was the subject of a federal terrorism investigation within the last 10 years.
- When an individual who was the subject of a federal terrorism investigation within the last 10 years tries to obtain a firearm, allow the U.S. Attorney General to delay the purchase or transfer for up to ten business days and file an emergency petition in court to prevent the transfer. If the court finds probable cause that the individual is or has been engaged in terrorism, the Attorney General may arrest the individual.
- Protect the due process rights of law-abiding Americans by ensuring emergency petitions filed by the Attorney General are only granted if the transferee receives notice of the hearing and has the opportunity to participate with legal counsel. If the court denies the Attorney General’s petition, the federal government is responsible for all reasonable costs and attorneys’ fees.
- Require the Inspector General of the Intelligence Community (IC IG) to conduct an audit of the federal government’s terrorism screening and watch list procedures, and identify any problems in the processes of adding or removing individuals from the system. Based on the audit, the IC IG must then submit a report to the Senate and House Intelligence Committees with recommendations for improving the system.