NRC Proposed Weapons Rule On Preemption Authority And Enhanced Weapons

Earlier this month, the U.S. Nuclear Regulatory Commission (NRC) held a public meeting to discuss a proposed weapons rulemaking to implement Section 161A, "Use of Firearms by Security Personnel," of the Atomic Energy Act (AEA). Section 161A was added to the AEA through the Energy Policy Act of 2005.

Section 161A provides two new forms of authority to the NRC to authorize certain licensees, including power reactor and uranium enrichment licensees, to (1) possess and use enhanced weapons and (2) preempt state, local, and certain federal firearms laws that prohibit or restrict the use of enhanced weapons and other types of weapons, referred to collectively as "covered weapons." The NRC refers to these authorities, which are intended to increase a licensee's defensive capabilities, as "combined enhanced-weapons authority and preemption authority" and "stand-alone preemption authority," respectively. Application for these new authorities is voluntary.