---
kind: "section"
citation: "42 U.S.C. § 2201a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2201a"
heading: "Use of firearms by security personnel"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2201a"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XIII — General Authority of Commission"
---

# §2201a. Use of firearms by security personnel

- (a) **Definitions—** In this section, the terms “handgun”, “rifle”, “shotgun”, “firearm”, “ammunition”, “machinegun”, “short-barreled shotgun”, and “short-barreled rifle” have the meanings given the terms in [section 921(a) of title 18](/usc/18/921.md?p=a).
- (b) **Authorization—** Notwithstanding subsections (a)(4), (a)(5), (b)(2), (b)(4), and (o) of [section 922 of title 18](/usc/18/922.md), [section 925(d)(3) of title 18](/usc/18/925.md?p=d-3), [section 5844 of title 26](/usc/26/5844.md), and any law (including regulations) of a [State](/usc/42/2021b.md?p=14) or a political subdivision of a [State](/usc/42/2021b.md?p=14) that prohibits the transfer, receipt, possession, transportation, importation, or use of a handgun, a rifle, a shotgun, a short-barreled shotgun, a short-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](/usc/42/2014.md?p=f), the [Commission](/usc/42/2014.md?p=f) may authorize the security personnel of any licensee or certificate holder of the [Commission](/usc/42/2014.md?p=f) (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](/usc/42/2014.md?p=f) 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](/usc/42/2021b.md?p=14) laws relating to possession of firearms by a certain category of [persons](/usc/42/2014.md?p=s);
    - (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](/usc/42/2014.md?p=f) that is designated by the [Commission](/usc/42/2014.md?p=f); or
      - (ii) radioactive material or other property owned or possessed by a licensee or certificate holder of the [Commission](/usc/42/2014.md?p=f), 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](/usc/42/2014.md?p=f) to be of significance to the [common defense and security](/usc/42/2014.md?p=g) 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](/usc/42/2014.md?p=s) that receives, possesses, transports, imports, or uses a weapon, ammunition, or a device under [subsection (b)](#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](/usc/18/922.md) note)[^1] to determine whether the [person](/usc/42/2014.md?p=s) is prohibited from possessing or receiving a firearm under Federal or [State](/usc/42/2021b.md?p=14) law.
- (d) **Effective date—** This section takes effect on the date on which guidelines are issued by the [Commission](/usc/42/2014.md?p=f), with the approval of the Attorney General, to carry out this section.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Aug. 1, 1946, ch. 724, title I, § 161A, as added Pub. L. 109–58, title VI, § 653, Aug. 8, 2005, 119 Stat. 811.)

## Notes

### Editorial Notes

### References in Text

Section 103 of the Brady Handgun Violence Prevention Act, referred to in subsec. (c), is section 103 of Pub. L. 103–159, which was classified as a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification as section 40901 of Title 34, Crime Control and Law Enforcement.

Guidelines to carry out this section, referred to in subsec. (d), were issued effective Sept. 11, 2009, see 74 F.R. 46800.