You're right publius. The proposed law, in its current form, does nothing to prohibit anyone on any "list" from owning or possessing firearms.
It is however, a precursor law for such, as it sets the stage. Understand that the whole of Title 18 section 922 deals with unlawful acts. Section 2 of the proposed bill is labled,
IDENTIFICATION OF TERRORISTS.
Currently, there is no paragraph (7) to 922(t). It stops at 922(6) - which provides for no liability of the government (local, State or Federal official in the chain of a NICS check) if the sale does not proceed or the sale was actualy prohibited.
With the bill, a new paragraph (7) is added, immediately following paragraph (6):
(7) If the national criminal background check system indicates that a person attempting to purchase a firearm or applying for a State permit to possess, acquire, or carry a firearm is identified as a known or suspected member of a terrorist organization in records maintained by the Department of Justice or the Department of Homeland Security, including the Violent Gang and Terrorist Organization File, or records maintained by the Intelligence Community, including records maintained under section 343 of the Intelligence Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n-2), all records generated in the course of the check of the national criminal background check system, including the ATF Form 4473, that are obtained by Federal and State officials shall be retained for a minimum of 10 years.
Additionally, this section changes922(t)(2)(C), to read as follows (bolded the addition):
(2) If receipt of a firearm would not violate subsection (g) or
or State law, the system shall—
(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer, except as provided in paragraph (7).
Which is the new addition, above. So if you are on one of these lists, your NICS check (Name, type of firearm, serial number, and where purchased) is now kept for
a minimum of 10 years. This new list is a list of suspected terrorists who have purchased firearms.
Further, in Section 3 of the proposed bill, entitled
RETENTION OF RECORDS, 922(t)(2)(C) is further amended to read:
(2) If receipt of a firearm would not violate subsection (g) or
or State law, the system shall—
(C) not less than 180 days after the transfer is allowed, destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer, except as provided in paragraph (7).
Innocuous? Not if another, later bill(?), proposed to change 922(g) by adding paragraph 10, to read:
(g) It shall be unlawful for any person—
(10) who is listed as a suspected terrorist in Section 922(t)(7),
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
There you have it. Two
simple steps to add another category of prohibited persons.
It makes no sense whatsoever to compile another list, a list of suspected terrorists who have bought or are attempting to purchase firearms, unless you are going to use the list to prohibit those suspects from acquiring firearms.