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Order Designating Licensees Eligible to Apply for AEA Section 161A Preemption Authority

The NRC has issued an order designating an interim class of NRC-licensed facilities that are eligible to apply to the Commission to use Section 161A, “Use of Firearms by Security Personnel,” of the AEA preemption authority. Under Section 161, the NRC has the authority to permit the security personnel at designated facilities to possess and use firearms, ammunition, and other devices notwithstanding local, State, and certain Federal firearms laws that may prohibit such possession and use.

The NRC also provided the process for submitting such an application to the Commission. In addition, the NRC will require all licensees listed as eligible to apply for preemption authority to subject all personnel who require access to firearms in the performance of their official duties to a firearms background check in accordance with Section 161A.c, whether or not the licensee intends to submit an application to use preemption authority. Licensees named in the order are required to begin submitting background checks within 30 days of the effective date of the order (July 4) and complete all background checks within 180 days of July 4.