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NRC Issues Guidelines on Use of Firearms by Security Personnel at Licensed Facilities



by David A. Repka
Winston & Strawn LLP - Chicago Office

Mark J. Wetterhahn
Winston & Strawn LLP - Washington Office

October 22, 2009

Previously published on September 2009

Some four years after the passage of the Energy Policy Act of 2005 ("EP Act"), the U.S. Nuclear Regulatory Commission ("NRC" or "Commission") has issued, with the approval of the United States Attorney General, guidelines on the use of firearms by security personnel whose duties include the protection of NRC-regulated facilities. These guidelines are a prerequisite to the implementation of Section 653 of the EP Act which added a new Section 161A. to the Atomic Energy Act of 1954 ("AEA") regarding the use of firearms by security personnel. The issuance of these guidelines represents merely an intermediate step in permitting certain licensees to obtain weapons not previously permitted to be owned or possessed under Commission authority, i.e., short-barreled shotguns, short-barreled rifles and machine guns (collectively "enhanced weapons").


 

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