Date: 03-30-2013

Case Style: United States of America v. Homer Helter and James Kassel

Case Number:

Judge:

Court: United States District Court for the Southern District of Florida

Plaintiff's Attorney:

Defendant's Attorney: Donald Day for Homer Helter

Landon Miller for James Kassel

Description: The United States of America charged Homer Helter, age 68, and James Kassel, age 61, with illegally selling guns with a license and conspiring to deal firearms without a license. Helter owns and operated Homer Helter's Antique & Military Mall in Naples, Florida.

The Defendant claimed that they were selling guns from their personal collections and did so infrequently, which is legal without a license. They argued the $200 license is only necessary when sales are not from one’s own private collection and are made regularly, repetitively and with the goal of making a profit. They also claimed that the federal statutes are confusing and even the ATF consider them to be vague.

There is no set number or frequency at which point the sales are considered regular and repetitive under the law.

According to the ATF:

Top 10 Frequently Asked Firearms Questions and Answers

1. Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle loading firearm? ............................................................................... 2

2. May I lawfully transfer a firearm to a friend who resides in a different State? .......... 3

3. May I lawfully transfer a firearm to a resident of the same State in which I reside? . 3

4. How do I register my firearm or remove my name from a firearms registration? ..... 4

5. Does ATF issue a Concealed Carry Permit (CCP) that authorizes a person to carry a firearm throughout the United States? ....................................................................... 4

6. May I lawfully ship a firearm to myself in a different State? ..................................... 4

7. May I lawfully ship a firearm directly to an out-of-State licensee, or must I have a licensee in my State ship it to him? May the licensee return the firearm to me, even if the shipment is across State lines? ......................................................................... 4

8. I have been convicted of a felony. How do I reinstate my rights to possess a firearm? ...................................................................................................................... 5

9. May I lawfully make a firearm for my own personal use, provided it is not being made for resale? ......................................................................................................... 5

10. I was the subject of a NICS check when I attempted to purchase a firearm from an FFL, and I received a delayed response or a denial. Please tell me why I did not receive a “proceed” response. .................................................................................... 5

1. Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle loading firearm?

The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or receiving firearms and ammunition (“prohibited persons”). These categories can be found at 18 U.S.C. § 922(g) and (n) in http://atf.gov/publications/download/p/atf-p-5300-4.pdf.

However, Federal law does not prohibit these persons from possessing or receiving an antique firearm. The term “antique firearm” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. The definition includes any replica of an antique firearm if it is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or conventional centerfire ammunition which is no longer manufactured in the United States, and which is not readily available in ordinary channels of commercial trade. Further, any muzzle loading rifle, shotgun, or pistol which is designed to use black powder or black powder substitute, and which cannot use fixed ammunition, is an “antique firearm” unless it (1) incorporates a firearm frame or receiver; (2) is a firearm which is converted into a muzzle loading weapon; or (3) is a muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. See 18 U.S.C. § 921(a)(3), (a)(16).

Thus, a muzzle loading weapon that meets the definition of an “antique firearm” is not a firearm and may lawfully be received and possessed by a prohibited person under the GCA.

In addition, the GCA defines the term “ammunition” to mean “ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.” Because an “antique firearm” is not a “firearm,” it would is lawful for a prohibited person to receive or possess black powder designed for use in an “antique firearm.” Also, the Federal explosives laws do not make it unlawful for a prohibited person to acquire and possess black powder in quantities not exceeding fifty pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in “antique firearms.” See 18 U.S.C. § 845(a)(5)

By contrast, a prohibited person may not receive or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. ATF has classified certain muzzle loading models as firearms. All of these models incorporate the frame or receiver of a firearm that is capable of accepting barrels designed to fire conventional rimfire or centerfire fixed ammunition. These muzzle loading models do not meet the definition of “antique firearm” as that term is defined in 18 U.S.C. § 921(a)(16), and are “firearms” as defined in 18 U.S.C. § 921(a)(3). Furthermore, as firearms, these and similar models, regardless of the barrel installed on the firearm or provided with the firearm, are subject to all provisions of the GCA. Persons who purchase these firearms from licensed dealers are required to fill out a Firearms Transaction Record, ATF Form 4473, and are subject to a National Instant Criminal Background Check System (NICS) check. Felons and other prohibited persons may not lawfully receive or possess these firearms or ammunition.
The following is a list of weapons that load from the muzzle and are classified as firearms, not antiques, under the GCA, because they incorporate the frame or receiver of a firearm:- 2 -

• Savage Model 10ML (early, 1st version)

• Mossberg 500 shotgun with muzzle loading barrel

• Remington 870 shotgun with muzzle loading barrel

• Mauser 98 rifle with muzzle loading barrel

• SKS rifle with muzzle loading barrel

• PB sM10 pistol with muzzle loading barrel

• H&R/New England Firearm Huntsman

• Thompson Center Encore/Contender

• Rossi .50 muzzle loading rifle

This list is not complete and frequently changes. There may be other muzzle loaders also classified as firearms. As noted, any muzzle loading weapon that is built on a firearm frame or receiver falls within the definition of a firearm provided in 18 U.S.C. § 921(a)(3).

Finally, even though a prohibited person may lawfully possess an antique firearm under Federal law, State or local law may classify such weapons as “firearms” subject to regulation. Any person considering acquiring a black powder weapon should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.

2. May I lawfully transfer a firearm to a friend who resides in a different State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

3. May I lawfully transfer a firearm to a resident of the same State in which I reside?

Any person may sell a firearm to an unlicensed resident of the State where he resides as long as he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate interstate firearm transactions. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.

- 3 -

4. How do I register my firearm or remove my name from a firearms registration?

There is no Federal registration requirement for most conventional sporting firearms. Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short-barrel firearms, silencers, destructive devices, any other weapons) must be registered with ATF. For information on the registration and transfer provisions of the National Firearms Act, please refer to the ATF NFA Handbook at http://www.atf.gov/publications/firearms/nfa-handbook/ or contact the ATF NFA Branch at 304-616-4500. Firearms registration may be required by State or local law. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.

5. Does ATF issue a Concealed Carry Permit (CCP) that authorizes a person to carry a firearm throughout the United States?

Neither ATF nor any other Federal agency issues such a permit or license. CCPs may be issued by a State or local government.

6. May I lawfully ship a firearm to myself in a different State?

Any person may ship a firearm to himself or herself in the care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner “in the care of” the out-of-State resident. Upon reaching its destination, persons other than the owner must not open the package or take possession of the firearm.

7. May I lawfully ship a firearm directly to an out-of-State licensee, or must I have a licensee in my State ship it to him? May the licensee return the firearm to me, even if the shipment is across State lines?

Any person may ship firearms directly to a licensee in any State, with no requirement for another licensee to ship the firearm. However, handguns are not mailable through the United States Postal Service and must be shipped via common or contract carrier.(18 U.S.C. §§ 1715). Firearms shipped to FFLs for repair or any other lawful purpose may be returned to the person from whom received without transferring the firearm through an FFL in the recipient’s State of residence. FFLs may also return a replacement firearm of the same kind and type to the person from whom received. 18 U.S.C. § 922(a)(2)(A).

8. I have been convicted of a felony. How do I reinstate my rights to possess a firearm?
Persons who have been convicted of a “crime punishable by imprisonment for a term exceeding one year,” as defined by 18 U.S.C. § 921(a)(20), are prohibited from receiving or possessing firearms under Federal law, 18 U.S.C. § 922(g)(1). Felons whose convictions have been set-aside or expunged, or for which the person has been pardoned or has had civil rights restored are not considered convicted under section 922(g)(1), unless that person was expressly prohibited by the law of the jurisdiction in which the proceedings were held from possessing firearms. Persons convicted of a State offense should contact the State Attorney General’s Office in the State in which they reside and the State of the conviction for information concerning State and local firearms restrictions, and any alternatives that may be available, such as a gubernatorial pardon or civil rights restoration.

If your conviction is for a Federal offense, you would regain the ability to lawfully receive, possess, or transport firearms if you receive a Presidential pardon. You can find additional information about such pardons by contacting the Office of the Pardon Attorney online at www.usdoj.gov/pardon/.

The GCA includes a provision that gives ATF authority to grant relief from Federal firearms disabilities. 18 U.S.C. § 925(c). However, since 1992, ATF’s annual Congressional appropriation has prohibited ATF from expending any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in ATF appropriations, ATF cannot act upon such applications for relief.

9. May I lawfully make a firearm for my own personal use, provided it is not being made for resale?

Firearms may be lawfully made by persons who do not hold a manufacturer’s license under the GCA provided they are not for sale or distribution and the maker is not prohibited from receiving or possessing firearms. However, a person is prohibited from assembling a non-sporting semiautomatic rifle or shotgun from 10 or more imported parts, as set forth in regulations in 27 C.F.R. 478.39. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF. An application to make a machinegun will not be approved unless documentation is submitted showing that the firearm is being made for the official use of a Federal, State, or local government agency (18 U.S.C. § 922(o),(r); 26 U.S.C. § 5822; 27 C.F.R. §§ 478.39, 479.62, and 479.105).

10. I was the subject of a NICS check when I attempted to purchase a firearm from an FFL, and I received a delayed response or a denial. Please tell me why I did not receive a “proceed” response.

ATF does not operate the National Instant Criminal Background Check System (NICS). It is administered by the Federal Bureau of Investigation (FBI). Please contact the NICS Customer Service Center at (877) 444-6427 for further assistance. You can also find information about the NICS system by visiting the FBI’s website at http://www.fbi.gov/about-us/cjis/nics.

Generally speaking, Title 18 of the United States Code contains the the federal statutes that address the possession and sale of firearms. Set for the below is some information about Title 18:

-CITE-
18 USC CHAPTER 44 - FIREARMS 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
CHAPTER 44 - FIREARMS

-MISC1-
Sec.
921. Definitions.
922. Unlawful acts.
923. Licensing.
924. Penalties.
925. Exceptions: Relief from disabilities.
925A. Remedy for erroneous denial of firearm.
926. Rules and regulations.
926A. Interstate transportation of firearms.
926B. Carrying of concealed firearms by qualified law
enforcement officers.
926C. Carrying of concealed firearms by qualified retired
law enforcement officers.
927. Effect on State law.
928. Separability.
929. Use of restricted ammunition.
930. Possession of firearms and dangerous weapons in
Federal facilities.
931. Prohibition on purchase, ownership, or possession of
body armor by violent felons.

AMENDMENTS
2004 - Pub. L. 108-277, Secs. 2(b), 3(b), July 22, 2004, 118
Stat. 866, 867, added items 926B and 926C.
2002 - Pub. L. 107-273, div. C, title I, Sec. 11009(e)(2)(B),
Nov. 2, 2002, 116 Stat. 1821, added item 931.
1993 - Pub. L. 103-159, title I, Sec. 104(b), Nov. 30, 1993, 107
Stat. 1543, added item 925A.
1990 - Pub. L. 101-647, title XXXV, Sec. 3523, Nov. 29, 1990, 104
Stat. 4924, struck out "clause" after "Separability" in item 928.
1988 - Pub. L. 100-690, title VI, Sec. 6215(b), Nov. 18, 1988,
102 Stat. 4362, added item 930.
1986 - Pub. L. 99-308, Sec. 107(b), May 19, 1986, 100 Stat. 460,
added item 926A.
1984 - Pub. L. 98-473, title II, Sec. 1006(b), Oct. 12, 1984, 98
Stat. 2139, added item 929.
1968 - Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82 Stat.
1214, reenacted chapter analysis without change.
Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat. 226,
added chapter 44 and items 921 to 928.

-End-



-CITE-
18 USC Sec. 921 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 921. Definitions

-STATUTE-
(a) As used in this chapter -
(1) The term "person" and the term "whoever" include any
individual, corporation, company, association, firm, partnership,
society, or joint stock company.
(2) The term "interstate or foreign commerce" includes commerce
between any place in a State and any place outside of that State,
or within any possession of the United States (not including the
Canal Zone) or the District of Columbia, but such term does not
include commerce between places within the same State but through
any place outside of that State. The term "State" includes the
District of Columbia, the Commonwealth of Puerto Rico, and the
possessions of the United States (not including the Canal Zone).
(3) The term "firearm" means (A) any weapon (including a starter
gun) which will or is designed to or may readily be converted to
expel a projectile by the action of an explosive; (B) the frame or
receiver of any such weapon; (C) any firearm muffler or firearm
silencer; or (D) any destructive device. Such term does not include
an antique firearm.
(4) The term "destructive device" means -
(A) any explosive, incendiary, or poison gas -
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four
ounces,
(iv) missile having an explosive or incendiary charge of more
than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the
preceding clauses;

(B) any type of weapon (other than a shotgun or a shotgun shell
which the Attorney General finds is generally recognized as
particularly suitable for sporting purposes) by whatever name
known which will, or which may be readily converted to, expel a
projectile by the action of an explosive or other propellant, and
which has any barrel with a bore of more than one-half inch in
diameter; and
(C) any combination of parts either designed or intended for
use in converting any device into any destructive device
described in subparagraph (A) or (B) and from which a destructive
device may be readily assembled.

The term "destructive device" shall not include any device which is
neither designed nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is
redesigned for use as a signaling, pyrotechnic, line throwing,
safety, or similar device; surplus ordnance sold, loaned, or given
by the Secretary of the Army pursuant to the provisions of section
4684(2), 4685, or 4686 of title 10; or any other device which the
Attorney General finds is not likely to be used as a weapon, is an
antique, or is a rifle which the owner intends to use solely for
sporting, recreational or cultural purposes.
(5) The term "shotgun" means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of an
explosive to fire through a smooth bore either a number of ball
shot or a single projectile for each single pull of the trigger.
(6) The term "short-barreled shotgun" means a shotgun having one
or more barrels less than eighteen inches in length and any weapon
made from a shotgun (whether by alteration, modification or
otherwise) if such a weapon as modified has an overall length of
less than twenty-six inches.
(7) The term "rifle" means a weapon designed or redesigned, made
or remade, and intended to be fired from the shoulder and designed
or redesigned and made or remade to use the energy of an explosive
to fire only a single projectile through a rifled bore for each
single pull of the trigger.
(8) The term "short-barreled rifle" means a rifle having one or
more barrels less than sixteen inches in length and any weapon made
from a rifle (whether by alteration, modification, or otherwise) if
such weapon, as modified, has an overall length of less than twenty-
six inches.
(9) The term "importer" means any person engaged in the business
of importing or bringing firearms or ammunition into the United
States for purposes of sale or distribution; and the term "licensed
importer" means any such person licensed under the provisions of
this chapter.
(10) The term "manufacturer" means any person engaged in the
business of manufacturing firearms or ammunition for purposes of
sale or distribution; and the term "licensed manufacturer" means
any such person licensed under the provisions of this chapter.
(11) The term "dealer" means (A) any person engaged in the
business of selling firearms at wholesale or retail, (B) any person
engaged in the business of repairing firearms or of making or
fitting special barrels, stocks, or trigger mechanisms to firearms,
or (C) any person who is a pawnbroker. The term "licensed dealer"
means any dealer who is licensed under the provisions of this
chapter.
(12) The term "pawnbroker" means any person whose business or
occupation includes the taking or receiving, by way of pledge or
pawn, of any firearm as security for the payment or repayment of
money.
(13) The term "collector" means any person who acquires, holds,
or disposes of firearms as curios or relics, as the Attorney
General shall by regulation define, and the term "licensed
collector" means any such person licensed under the provisions of
this chapter.
(14) The term "indictment" includes an indictment or information
in any court under which a crime punishable by imprisonment for a
term exceeding one year may be prosecuted.
(15) The term "fugitive from justice" means any person who has
fled from any State to avoid prosecution for a crime or to avoid
giving testimony in any criminal proceeding.
(16) The term "antique firearm" means -
(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if
such replica -
(i) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition
which is no longer manufactured in the United States and which
is not readily available in the ordinary channels of commercial
trade; or

(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle
loading pistol, which is designed to use black powder, or a black
powder substitute, and which cannot use fixed ammunition. For
purposes of this subparagraph, the term "antique firearm" shall
not include any weapon which incorporates a firearm frame or
receiver, any firearm which is converted into a muzzle loading
weapon, or any muzzle loading weapon which can be readily
converted to fire fixed ammunition by replacing the barrel, bolt,
breechblock, or any combination thereof.

(17)(A) The term "ammunition" means ammunition or cartridge
cases, primers, bullets, or propellent powder designed for use in
any firearm.
(B) The term "armor piercing ammunition" means -
(i) a projectile or projectile core which may be used in a
handgun and which is constructed entirely (excluding the presence
of traces of other substances) from one or a combination of
tungsten alloys, steel, iron, brass, bronze, beryllium copper, or
depleted uranium; or
(ii) a full jacketed projectile larger than .22 caliber
designed and intended for use in a handgun and whose jacket has a
weight of more than 25 percent of the total weight of the
projectile.

(C) The term "armor piercing ammunition" does not include shotgun
shot required by Federal or State environmental or game regulations
for hunting purposes, a frangible projectile designed for target
shooting, a projectile which the Attorney General finds is
primarily intended to be used for sporting purposes, or any other
projectile or projectile core which the Attorney General finds is
intended to be used for industrial purposes, including a charge
used in an oil and gas well perforating device.
(18) The term "Attorney General" means the Attorney General of
the United States (!1)

(19) The term "published ordinance" means a published law of any
political subdivision of a State which the Attorney General
determines to be relevant to the enforcement of this chapter and
which is contained on a list compiled by the Attorney General,
which list shall be published in the Federal Register, revised
annually, and furnished to each licensee under this chapter.
(20) The term "crime punishable by imprisonment for a term
exceeding one year" does not include -
(A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business
practices, or
(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years
or less.

What constitutes a conviction of such a crime shall be determined
in accordance with the law of the jurisdiction in which the
proceedings were held. Any conviction which has been expunged, or
set aside or for which a person has been pardoned or has had civil
rights restored shall not be considered a conviction for purposes
of this chapter, unless such pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.
(21) The term "engaged in the business" means -
(A) as applied to a manufacturer of firearms, a person who
devotes time, attention, and labor to manufacturing firearms as a
regular course of trade or business with the principal objective
of livelihood and profit through the sale or distribution of the
firearms manufactured;
(B) as applied to a manufacturer of ammunition, a person who
devotes time, attention, and labor to manufacturing ammunition as
a regular course of trade or business with the principal
objective of livelihood and profit through the sale or
distribution of the ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in section
921(a)(11)(A), a person who devotes time, attention, and labor to
dealing in firearms as a regular course of trade or business with
the principal objective of livelihood and profit through the
repetitive purchase and resale of firearms, but such term shall
not include a person who makes occasional sales, exchanges, or
purchases of firearms for the enhancement of a personal
collection or for a hobby, or who sells all or part of his
personal collection of firearms;
(D) as applied to a dealer in firearms, as defined in section
921(a)(11)(B), a person who devotes time, attention, and labor to
engaging in such activity as a regular course of trade or
business with the principal objective of livelihood and profit,
but such term shall not include a person who makes occasional
repairs of firearms, or who occasionally fits special barrels,
stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person who devotes
time, attention, and labor to importing firearms as a regular
course of trade or business with the principal objective of
livelihood and profit through the sale or distribution of the
firearms imported; and
(F) as applied to an importer of ammunition, a person who
devotes time, attention, and labor to importing ammunition as a
regular course of trade or business with the principal objective
of livelihood and profit through the sale or distribution of the
ammunition imported.

(22) The term "with the principal objective of livelihood and
profit" means that the intent underlying the sale or disposition of
firearms is predominantly one of obtaining livelihood and pecuniary
gain, as opposed to other intents, such as improving or liquidating
a personal firearms collection: Provided, That proof of profit
shall not be required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for criminal
purposes or terrorism. For purposes of this paragraph, the term
"terrorism" means activity, directed against United States persons,
which -
(A) is committed by an individual who is not a national or
permanent resident alien of the United States;
(B) involves violent acts or acts dangerous to human life which
would be a criminal violation if committed within the
jurisdiction of the United States; and
(C) is intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation
or coercion; or
(iii) to affect the conduct of a government by assassination
or kidnapping.

(23) The term "machinegun" has the meaning given such term in
section 5845(b) of the National Firearms Act (26 U.S.C. 5845(b)).
(24) The terms "firearm silencer" and "firearm muffler" mean any
device for silencing, muffling, or diminishing the report of a
portable firearm, including any combination of parts, designed or
redesigned, and intended for use in assembling or fabricating a
firearm silencer or firearm muffler, and any part intended only for
use in such assembly or fabrication.
(25) The term "school zone" means -
(A) in, or on the grounds of, a public, parochial or private
school; or
(B) within a distance of 1,000 feet from the grounds of a
public, parochial or private school.

(26) The term "school" means a school which provides elementary
or secondary education, as determined under State law.
(27) The term "motor vehicle" has the meaning given such term in
section 13102 of title 49, United States Code.
(28) The term "semiautomatic rifle" means any repeating rifle
which utilizes a portion of the energy of a firing cartridge to
extract the fired cartridge case and chamber the next round, and
which requires a separate pull of the trigger to fire each
cartridge.
(29) The term "handgun" means -
(A) a firearm which has a short stock and is designed to be
held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in
subparagraph (A) can be assembled.

[(30), (31) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2),
Sept. 13, 1994, 108 Stat. 2000.]
(32) The term "intimate partner" means, with respect to a person,
the spouse of the person, a former spouse of the person, an
individual who is a parent of a child of the person, and an
individual who cohabitates or has cohabited with the person.
(33)(A) Except as provided in subparagraph (C),(!2) the term
"misdemeanor crime of domestic violence" means an offense that -

(i) is a misdemeanor under Federal, State, or Tribal (!3) law;
and

(ii) has, as an element, the use or attempted use of physical
force, or the threatened use of a deadly weapon, committed by a
current or former spouse, parent, or guardian of the victim, by a
person with whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim as a
spouse, parent, or guardian, or by a person similarly situated to
a spouse, parent, or guardian of the victim.

(B)(i) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter, unless -
(I) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the
case; and
(II) in the case of a prosecution for an offense described in
this paragraph for which a person was entitled to a jury trial in
the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right
to have the case tried by a jury, by guilty plea or otherwise.

(ii) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter if the conviction has
been expunged or set aside, or is an offense for which the person
has been pardoned or has had civil rights restored (if the law of
the applicable jurisdiction provides for the loss of civil rights
under such an offense) unless the pardon, expungement, or
restoration of civil rights expressly provides that the person may
not ship, transport, possess, or receive firearms.
(34) The term "secure gun storage or safety device" means -
(A) a device that, when installed on a firearm, is designed to
prevent the firearm from being operated without first
deactivating the device;
(B) a device incorporated into the design of the firearm that
is designed to prevent the operation of the firearm by anyone not
having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that
is designed to be or can be used to store a firearm and that is
designed to be unlocked only by means of a key, a combination, or
other similar means.

(35) The term "body armor" means any product sold or offered for
sale, in interstate or foreign commerce, as personal protective
body covering intended to protect against gunfire, regardless of
whether the product is to be worn alone or is sold as a complement
to another product or garment.
(b) For the purposes of this chapter, a member of the Armed
Forces on active duty is a resident of the State in which his
permanent duty station is located.

-SOURCE-
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
226; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1214; Pub. L. 93-639, Sec. 102, Jan. 4, 1975, 88 Stat. 2217;
Pub. L. 99-308, Sec. 101, May 19, 1986, 100 Stat. 449; Pub. L. 99-
360, Sec. 1(b), July 8, 1986, 100 Stat. 766; Pub. L. 99-408, Sec.
1, Aug. 28, 1986, 100 Stat. 920; Pub. L. 101-647, title XVII, Sec.
1702(b)(2), title XXII, Sec. 2204(a), Nov. 29, 1990, 104 Stat.
4845, 4857; Pub. L. 103-159, title I, Sec. 102(a)(2), Nov. 30,
1993, 107 Stat. 1539; Pub. L. 103-322, title XI, Secs. 110102(b),
110103(b), 110105(2), 110401(a), 110519, title XXXIII, Sec.
330021(1), Sept. 13, 1994, 108 Stat. 1997, 1999, 2000, 2014, 2020,
2150; Pub. L. 104-88, title III, Sec. 303(1), Dec. 29, 1995, 109
Stat. 943; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI,
Sec. 658(a)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-371; Pub. L.
105-277, div. A, Sec. 101(b) [title I, Sec. 119(a)], (h) [title I,
Sec. 115], Oct. 21, 1998, 112 Stat. 2681-50, 2681-69, 2681-480,
2681-490; Pub. L. 107-273, div. C, title I, Sec. 11009(e)(1), Nov.
2, 2002, 116 Stat. 1821; Pub. L. 107-296, title XI, Sec. 1112(f)(1)-
(3), (6), Nov. 25, 2002, 116 Stat. 2276; Pub. L. 109-162, title
IX, Sec. 908(a), Jan. 5, 2006, 119 Stat. 3083.)

-REFTEXT-
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec. (a)(2), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.


-MISC1-
AMENDMENTS
2006 - Subsec. (a)(33)(A)(i). Pub. L. 109-162, which directed the
general amendment of "section 921(33)(A)(i) of title 18", was
executed to par. (33)(A)(i) of subsec. (a), to reflect the probable
intent of Congress. Prior to amendment, cl. (i) read as follows:
"is a misdemeanor under Federal or State law; and".
2002 - Subsec. (a)(4). Pub. L. 107-296, Sec. 1112(f)(2),
substituted "Attorney General" for "Secretary of the Treasury" in
concluding provisions.
Subsec. (a)(4)(B). Pub. L. 107-296, Sec. 1112(f)(1), substituted
"Attorney General" for "Secretary".
Subsec. (a)(13), (17)(C). Pub. L. 107-296, Sec. 1112(f)(6),
substituted "Attorney General" for "Secretary" wherever appearing.
Subsec. (a)(18). Pub. L. 107-296, Sec. 1112(f)(3), added par.
(18) and struck out former par. (18) which read as follows: "The
term 'Secretary' or 'Secretary of the Treasury' means the Secretary
of the Treasury or his delegate."
Subsec. (a)(19). Pub. L. 107-296, Sec. 1112(f)(6), substituted
"Attorney General" for "Secretary" in two places.
Subsec. (a)(35). Pub. L. 107-273 added par. (35).
1998 - Subsec. (a)(5). Pub. L. 105-277, Sec. 101(h) [title I,
Sec. 115(1)], substituted "an explosive" for "the explosive in a
fixed shotgun shell".
Subsec. (a)(7). Pub. L. 105-277, Sec. 101(h) [title I, Sec.
115(2)], substituted "an explosive" for "the explosive in a fixed
metallic cartridge".
Subsec. (a)(16). Pub. L. 105-277, Sec. 101(h) [title I, Sec.
115(3)], added par. (16) and struck out former par. (16) which read
as follows: "The term 'antique firearm' means -
"(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; and
"(B) any replica of any firearm described in subparagraph (A)
if such replica -
"(i) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition, or
"(ii) uses rimfire or conventional centerfire fixed
ammunition which is no longer manufactured in the United States
and which is not readily available in the ordinary channels of
commercial trade."
Subsec. (a)(34). Pub. L. 105-277, Sec. 101(b) [title I, Sec.
119(a)], added par. (34).
1996 - Subsec. (a)(33). Pub. L. 104-208 added par. (33).
1995 - Subsec. (a)(27). Pub. L. 104-88 substituted "section
13102" for "section 10102".
1994 - Subsec. (a)(17)(B). Pub. L. 103-322, Sec. 110519, amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as
follows: "The term 'armor piercing ammunition' means a projectile
or projectile core which may be used in a handgun and which is
constructed entirely (excluding the presence of traces of other
substances) from one or a combination of tungsten alloys, steel,
iron, brass, bronze, beryllium copper, or depleted uranium. Such
term does not include shotgun shot required by Federal or State
environmental or game regulations for hunting purposes, a frangible
projectile designed for target shooting, a projectile which the
Secretary finds is primarily intended to be used for sporting
purposes, or any other projectile or projectile core which the
Secretary finds is intended to be used for industrial purposes,
including a charge used in an oil and gas well perforating device."
Subsec. (a)(17)(C). Pub. L. 103-322, Sec. 110519, added subpar.
(C).
Subsec. (a)(22)(C)(iii). Pub. L. 103-322, Sec. 330021(1),
substituted "kidnapping" for "kidnaping".
Subsec. (a)(30). Pub. L. 103-322, Sec. 110102(b), which added
par. (30) defining "semiautomatic assault weapon", was repealed by
Pub. L. 103-322, Sec. 110105(2). See Effective and Termination
Dates of 1994 Amendment note below.
Subsec. (a)(31). Pub. L. 103-322, Sec. 110103(b), which added
par. (31) defining "large capacity ammunition feeding device", was
repealed by Pub. L. 103-322, Sec. 110105(2). See Effective and
Termination Dates of 1994 Amendment note below.
Subsec. (a)(32). Pub. L. 103-322, Sec. 110401(a), added par.
(32).
1993 - Subsec. (a)(29). Pub. L. 103-159 added par. (29).
1990 - Subsec. (a)(25) to (27). Pub. L. 101-647, Sec. 1702(b)(2),
added pars. (25) to (27).
Subsec. (a)(28). Pub. L. 101-647, Sec. 2204(a), added par. (28).
1986 - Subsec. (a)(10). Pub. L. 99-308, Sec. 101(1), substituted
"business of manufacturing" for "manufacture of".
Subsec. (a)(11)(A). Pub. L. 99-308, Sec. 101(2), struck out "or
ammunition" after "firearms".
Subsec. (a)(12). Pub. L. 99-308, Sec. 101(3), struck out "or
ammunition" after "firearm".
Subsec. (a)(13). Pub. L. 99-308, Sec. 101(4), struck out "or
ammunition" after "firearms".
Subsec. (a)(17). Pub. L. 99-408 designated existing provisions as
subpar. (A) and added subpar. (B).
Subsec. (a)(20). Pub. L. 99-308, Sec. 101(5), amended par. (20)
generally. Prior to amendment, par. (20) read as follows: "The term
'crime punishable by imprisonment for a term exceeding one year'
shall not include (A) any Federal or State offenses pertaining to
antitrust violations, unfair trade practices, restraints of trade,
or other similar offenses relating to the regulation of business
practices as the Secretary may by regulation designate, or (B) any
State offense (other than one involving a firearm or explosive)
classified by the laws of the State as a misdemeanor and punishable
by a term of imprisonment of two years or less."
Subsec. (a)(21). Pub. L. 99-308, Sec. 101(6), added par. (21).
Subsec. (a)(22). Pub. L. 99-360 inserted provision that proof of
profit not be required as to a person who engages in the regular
and repetitive purchase and disposition of firearms for criminal
purposes or terrorism and defined terrorism.
Pub. L. 99-308, Sec. 101(6), added par. (22).
Subsec. (a)(23), (24). Pub. L. 99-308, Sec. 101(6), added pars.
(23) and (24).
1975 - Subsec. (a)(4). Pub. L. 93-639 substituted "to use solely
for sporting, recreational or cultural purposes" for "to use solely
for sporting purposes".
1968 - Subsec. (a). Pub. L. 90-618 inserted definitions of
"collector", "licensed collector", and "crime punishable by
imprisonment for a term exceeding one year", amended definitions of
"person", "whoever", "interstate or foreign commerce", "State",
"firearm", "destructive device", "dealer", "indictment", "fugitive
from justice", "antique firearm", "ammunition", and "published
ordinance", and reenacted without change definitions of "shotgun",
"short-barreled shotgun", "rifle", "short-barreled rifle",
"importer", "licensed importer", "manufacturer", "licensed
manufacturer", "licensed dealer", "pawnbroker", and "Secretary" or
"Secretary of the Treasury".
Subsec. (b). Pub. L. 90-618 substituted provisions determining
that a member of the armed forces on active duty is a resident of
the State in which his permanent duty station is located for
provisions defining "firearm", "destructive device", and "crime
punishable by imprisonment for a term exceeding one year".

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 119(e)], Oct.
21, 1998, 112 Stat. 2681-50, 2681-70, provided that: "The
amendments made by this section [amending this section and section
923 of this title] shall take effect 180 days after the date of
enactment of this Act [Oct. 21, 1998]."

EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
of Pub. L. 104-88, set out as an Effective Date note under section
701 of Title 49, Transportation.

EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT
Pub. L. 103-322, title XI, Sec. 110105, Sept. 13, 1994, 108 Stat.
2000, provided that subtitle A (Secs. 110101-110106) of title XI of
Pub. L. 103-322 (amending this section and sections 922 to 924 of
this title and enacting provisions set out as notes under this
section) and the amendments made by that subtitle were effective
Sept. 13, 1994, and were repealed effective as of the date that is
10 years after that date.

EFFECTIVE DATE OF 1990 AMENDMENT
Section 1702(b)(4) of Pub. L. 101-647 provided that: "The
amendments made by this section [amending this section and sections
922 and 924 of this title] shall apply to conduct engaged in after
the end of the 60-day period beginning on the date of the enactment
of this Act [Nov. 29, 1990]."

EFFECTIVE DATE OF 1986 AMENDMENTS; PUBLICATION AND AVAILABILITY OF
COMPILATION OF STATE LAWS AND PUBLISHED ORDINANCES
Section 9 of Pub. L. 99-408 provided that: "The amendments made
by this Act [amending this section and sections 922, 923, and 929
of this title and enacting provisions set out as notes under this
section] shall take effect on the date of enactment of this Act
[Aug. 28, 1986], except that sections 3, 4, and 5 [amending section
923 of this title] shall take effect on the first day of the first
calendar month which begins more than ninety days after the date of
the enactment of this Act."
Section 2 of Pub. L. 99-360 provided that: "This Act and the
amendments made by this Act [enacting section 926A of this title,
amending this section and section 923 of this title, and repealing
former section 926A of this title], intended to amend the Firearms
Owners' Protection Act [Pub. L. 99-308, see Short Title of 1986
Amendment note below], shall become effective on the date on which
the section they are intended to amend in such Firearms Owners'
Protection Act becomes effective [see section 110 of Pub. L. 99-308
set out below] and shall apply to the amendments to title 18,
United States Code, made by such Act."
Section 110 of Pub. L. 99-308 provided that:
"(a) In General. - The amendments made by this Act [enacting
section 926A of this title, amending this section, sections 922 to
926 and 929 of this title, and section 5845 of Title 26, Internal
Revenue Code, repealing title VII of Pub. L. 90-351, set out in the
Appendix to this title, and enacting provisions set out as notes
under this section] shall become effective one hundred and eighty
days after the date of the enactment of this Act [May 19, 1986].
Upon their becoming effective, the Secretary shall publish and
provide to all licensees a compilation of the State laws and
published ordinances of which licensees are presumed to have
knowledge pursuant to chapter 44 of title 18, United States Code,
as amended by this Act. All amendments to such State laws and
published ordinances as contained in the aforementioned compilation
shall be published in the Federal Register, revised annually, and
furnished to each person licensed under chapter 44 of title 18,
United States Code, as amended by this Act.
"(b) Pending Actions, Petitions, and Appellate Proceedings. - The
amendments made by sections 103(6)(B), 105, and 107 of this Act
[enacting section 926A of this title and amending sections 923 and
925 of this title] shall be applicable to any action, petition, or
appellate proceeding pending on the date of the enactment of this
Act [May 19, 1986].
"(c) Machinegun Prohibition. - Section 102(9) [amending section
922 of this title] shall take effect on the date of the enactment
of this Act [May 19, 1986]."

EFFECTIVE DATE OF 1968 AMENDMENT
Section 105 of Pub. L. 90-618 provided that:
"(a) Except as provided in subsection (b), the provisions of
chapter 44 of title 18, United States Code, as amended by section
102 of this title [amending this chapter], shall take effect on
December 16, 1968.
"(b) The following sections of chapter 44 of title 18, United
States Code, as amended by section 102 of this title shall take
effect on the date of the enactment of this title [Oct. 22, 1968]:
Sections 921, 922(l), 925(a)(1), and 925(d)."

EFFECTIVE DATE
Section 907 of title IV of Pub. L. 90-351 provided that: "The
amendments made by this title [enacting this chapter and provisions
set out as notes under this section and repealing sections 901 to
910 of Title 15, Commerce and Trade] shall become effective one
hundred and eighty days after the date of its enactment [June 19,
1968]; except that repeal of the Federal Firearms Act [sections 901
to 910 of Title 15] shall not in itself terminate any valid license
issued pursuant to that Act and any such license shall be deemed
valid until it shall expire according to its terms unless it be
sooner revoked or terminated pursuant to applicable provisions of
law."

SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109-92, Sec. 5(a), Oct. 26, 2005, 119 Stat. 2099,
provided that: "This section [amending sections 922 and 924 of this
title and enacting provisions set out as notes under section 922 of
this title] may be cited as the 'Child Safety Lock Act of 2005'."

SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-277, Sec. 1, July 22, 2004, 118 Stat. 865, provided
that: "This Act [enacting sections 926B and 926C of this title] may
be cited as the 'Law Enforcement Officers Safety Act of 2004'."

SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-322, title XI, Sec. 110101, Sept. 13, 1994, 108 Stat.
1996, provided that subtitle A (Secs. 110101-110106) of title XI of
Pub. L. 103-322 (amending this section and sections 922 to 924 of
this title and enacting provisions set out as notes under this
section) could be cited as the "Public Safety and Recreational
Firearms Use Protection Act", prior to repeal by Pub. L. 103-322,
title XI, Sec. 110105(2), Sept. 13, 1994, 108 Stat. 2000, effective
10 years after Sept. 13, 1994.

SHORT TITLE OF 1993 AMENDMENT
Section 101 of title I of Pub. L. 103-159 provided that: "This
title [enacting section 925A of this title, amending this section,
sections 922 and 924 of this title, and section 3759 of Title 42,
The Public Health and Welfare, and enacting provisions set out as
notes under this section and section 922 of this title] may be
cited as the 'Brady Handgun Violence Prevention Act'."
Section 301 of title III of Pub. L. 103-159 provided that: "This
title [amending sections 922 to 924 of this title] may be cited as
the 'Federal Firearms License Reform Act of 1993'."

SHORT TITLE OF 1990 AMENDMENT
Section 1702(a) of Pub. L. 101-647 provided that: "This section
[amending this section and sections 922 and 924 of this title and
enacting provisions set out as notes under this section and section
922 of this title] may be cited as the 'Gun-Free School Zones Act
of 1990'."

SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-649, Sec. 1, Nov. 10, 1988, 102 Stat. 3816, provided
that: "This Act [amending sections 922, 924, and 925 of this title
and enacting provisions set out as notes under section 922 of this
title and section 1356 of former Title 49, Transportation] may be
cited as the 'Undetectable Firearms Act of 1988'."

SHORT TITLE OF 1986 AMENDMENTS
Pub. L. 99-570, title I, subtitle I, Sec. 1401, Oct. 27, 1986,
100 Stat. 3207-39, provided that: "This subtitle [amending section
924 of this title] may be cited as the 'Career Criminals Amendment
Act of 1986'."
Section 1(a) of Pub. L. 99-308 provided that: "This Act [enacting
section 926A of this title, amending this section, sections 922 to
926 and 929 of this title, and section 5845 of Title 26, Internal
Revenue Code, repealing title VII of Pub. L. 90-351, set out in the
Appendix to this title, and enacting provisions set out as notes
under this section] may be cited as the 'Firearms Owners'
Protection Act'."

SHORT TITLE
Section 1 of Pub. L. 90-618 provided: "That this Act [enacting
sections 5822, 5871 and 5872 of Title 26, Internal Revenue Code,
amending this section, sections 922 to 928 of this title, and
Appendix to this title, and sections 5801, 5802, 5811, 5812, 5821,
5841 to 5849, 5851 to 5854, 5861, 6806, and 7273 of Title 26,
repealing sections 5692 and 6107 of Title 26, omitting sections
5803, 5813, 5814, 5831, 5855, and 5862 of Title 26, and enacting
material set out as notes under this section and Appendix to this
title, and section 5801 of Title 26] may be cited as the 'Gun
Control Act of 1968'."

CONSTRUCTION OF PUB. L. 103-159 WITH SECTION 552A OF TITLE 5
Section 105 of Pub. L. 103-159 provided that: "This Act [enacting
section 925A of this title, amending this section, sections 922 to
924 of this title, and section 3759 of Title 42, The Public Health
and Welfare, and enacting provisions set out as notes under this
section and section 922 of this title] and the amendments made by
this Act shall not be construed to alter or impair any right or
remedy under section 552a of title 5, United States Code."

STATUTORY CONSTRUCTION; EVIDENCE
For provisions relating to statutory construction of, and
admissibility of evidence regarding compliance or noncompliance
with, the amendment by section 101(b) [title I, Sec. 119(a)] of
Pub. L. 105-277, see section 101(b) [title I, Sec. 119(d)] of Pub.
L. 105-277, set out as a note under section 923 of this title.

STUDY BY ATTORNEY GENERAL
Pub. L. 103-322, title XI, Sec. 110104, Sept. 13, 1994, 108 Stat.
2000, which provided that the Attorney General was to study the
effect of subtitle A (Secs. 110101-110106) of title XI of Pub. L.
103-322 and to report the results of the study to Congress not
later than 30 months after Sept. 13, 1994, was repealed by Pub. L.
103-322, title XI, Sec. 110105(2), Sept. 13, 1994, 108 Stat. 2000,
effective 10 years after Sept. 13, 1994.

CONGRESSIONAL FINDINGS AND DECLARATION
Section 1(b) of Pub. L. 99-308 provided that: "The Congress finds
that -
"(1) the rights of citizens -
"(A) to keep and bear arms under the second amendment to the
United States Constitution;
"(B) to security against illegal and unreasonable searches
and seizures under the fourth amendment;
"(C) against uncompensated taking of property, double
jeopardy, and assurance of due process of law under the fifth
amendment; and
"(D) against unconstitutional exercise of authority under the
ninth and tenth amendments;
require additional legislation to correct existing firearms
statutes and enforcement policies; and
"(2) additional legislation is required to reaffirm the intent
of the Congress, as expressed in section 101 of the Gun Control
Act of 1968 [section 101 of Pub. L. 90-618, set out below], that
'it is not the purpose of this title to place any undue or
unnecessary Federal restrictions or burdens on law-abiding
citizens with respect to the acquisition, possession, or use of
firearms appropriate to the purpose of hunting, trapshooting,
target shooting, personal protection, or any other lawful
activity, and that this title is not intended to discourage or
eliminate the private ownership or use of firearms by law-abiding
citizens for lawful purposes.'."
Section 101 of title I of Pub. L. 90-618 provided that: "The
Congress hereby declares that the purposes of this title [amending
this chapter] is to provide support to Federal, State, and local
law enforcement officials in their fight against crime and
violence, and it is not the purpose of this title to place any
undue or unnecessary Federal restrictions or burdens on law-abiding
citizens with respect to the acquisition, possession, or use of
firearms appropriate to the purpose of hunting, trapshooting,
target shooting, personal protection, or any other lawful activity,
and that this title is not intended to discourage or eliminate the
private ownership or use of firearms by law-abiding citizens for
lawful purposes, or provide for the imposition by Federal
regulations of any procedures or requirements other than those
reasonably necessary to implement and effectuate the provisions of
this title."
Section 901 of title IV of Pub. L. 90-351 provided that:
"(a) The Congress hereby finds and declares -
"(1) that there is a widespread traffic in firearms moving in
or otherwise affecting interstate or foreign commerce, and that
the existing Federal controls over such traffic do not adequately
enable the States to control this traffic within their own
borders through the exercise of their police power;
"(2) that the ease with which any person can acquire firearms
other than a rifle or shotgun (including criminals, juveniles
without the knowledge or consent of their parents or guardians,
narcotics addicts, mental defectives, armed groups who would
supplant the functions of duly constituted public authorities,
and others whose possession of such weapon is similarly contrary
to the public interest) is a significant factor in the prevalence
of lawlessness and violent crime in the United States;
"(3) that only through adequate Federal control over interstate
and foreign commerce in these weapons, and over all persons
engaging in the businesses of importing, manufacturing, or
dealing in them, can this grave problem be properly dealt with,
and effective State and local regulation of this traffic be made
possible;
"(4) that the acquisition on a mail-order basis of firearms
other than a rifle or shotgun by nonlicensed individuals, from a
place other than their State of residence, has materially tended
to thwart the effectiveness of State laws and regulations, and
local ordinances;
"(5) that the sale or other disposition of concealable weapons
by importers, manufacturers, and dealers holding Federal
licenses, to nonresidents of the State in which the licensees'
places of business are located, has tended to make ineffective
the laws, regulations, and ordinances in the several States and
local jurisdictions regarding such firearms;
"(6) that there is a casual relationship between the easy
availability of firearms other than a rifle or shotgun and
juvenile and youthful criminal behavior, and that such firearms
have been widely sold by federally licensed importers and dealers
to emotionally immature, or thrill-bent juveniles and minors
prone to criminal behavior;
"(7) that the United States has become the dumping ground of
the castoff surplus military weapons of other nations, and that
such weapons, and the large volume of relatively inexpensive
pistols and revolvers (largely worthless for sporting purposes),
imported into the United States in recent years, has contributed
greatly to lawlessness and to the Nation's law enforcement
problems;
"(8) that the lack of adequate Federal control over interstate
and foreign commerce in highly destructive weapons (such as
bazookas, mortars, antitank guns, and so forth, and destructive
devices such as explosive or incendiary grenades, bombs,
missiles, and so forth) has allowed such weapons and devices to
fall into the hands of lawless persons, including armed groups
who would supplant lawful authority, thus creating a problem of
national concern;
"(9) that the existing licensing system under the Federal
Firearms Act [former sections 901 to 910 of Title 15, Commerce
and Trade] does not provide adequate license fees or proper
standards for the granting or denial of licenses, and that this
has led to licenses being issued to persons not reasonably
entitled thereto, thus distorting the purposes of the licensing
system.
"(b) The Congress further hereby declares that the purpose of
this title [enacting this chapter and repealing sections 901 to 910
of Title 15, Commerce and Trade] is to cope with the conditions
referred to in the foregoing subsection, and that it is not the
purpose of this title [enacting this chapter and repealing sections
901 to 910 of Title 15] to place any undue or unnecessary Federal
restrictions or burdens on law-abiding citizens with respect to the
acquisition, possession, or use of firearms appropriate to the
purpose of hunting, trap shooting, target shooting, personal
protection, or any other lawful activity, and that this title
[enacting this chapter and repealing sections 901 to 910 of Title
15] is not intended to discourage or eliminate the private
ownership or use of firearms by law-abiding citizens for lawful
purposes, or provide for the imposition by Federal regulations of
any procedures or requirements other than those reasonably
necessary to implement and effectuate the provisions of this title
[enacting this chapter and repealing sections 901 to 910 of Title
15]."

ADMINISTRATION AND ENFORCEMENT
Section 103 of title I of Pub. L. 90-618, as amended by Pub. L.
107-296, title XI, Sec. 1112(s), Nov. 25, 2002, 116 Stat. 2279,
provided that: "The administration and enforcement of the amendment
made by this title [amending this chapter] shall be vested in the
Attorney General."
Section 903 of title IV of Pub. L. 90-351 provided that: "The
administration and enforcement of the amendment made by this title
[enacting this chapter and provisions set out as notes under this
section] shall be vested in the Secretary of the Treasury [now
Attorney General]."

MODIFICATION OF OTHER LAWS
Section 104 of title I of Pub. L. 90-618, as amended by Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
"Nothing in this title or the amendment made thereby [amending this
chapter] shall be construed as modifying or affecting any provision
of -
"(a) the National Firearms Act (chapter 53 of the Internal
Revenue Code of 1986) [section 5801 et seq. of Title 26, Internal
Revenue Code];
"(b) section 414 of the Mutual Security Act of 1954 (22 U.S.C.
1934), as amended, relating to munitions control; or
"(c) section 1715 of title 18, United States Code, relating to
nonmailable firearms."
Section 904 of title IV of Pub. L. 90-351, as amended by Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
"Nothing in this title or amendment made thereby [enacting this
chapter and provisions set out as notes under this section] shall
be construed as modifying or affecting any provision of -
"(a) the National Firearms Act (chapter 53 of the Internal
Revenue Code of 1986) [section 5801 et seq. of Title 26, Internal
Revenue Code]; or
"(b) section 414 of the Mutual Security Act of 1954 (22 U.S.C.
1934), as amended, relating to munitions control; or
"(c) section 1715 of title 18, United States Code, relating to
nonmailable firearms."

-CROSS-
DEFINITION OF "HANDGUN"
Section 10 of Pub. L. 99-408 provided that: "For purposes of
section 921(a)(17)(B) of title 18, United States Code, as added by
the first section of this Act, 'handgun' means any firearm
including a pistol or revolver designed to be fired by the use of a
single hand. The term also includes any combination of parts from
which a handgun can be assembled."

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

(!2) So in original. No subparagraph (C) has been enacted.

(!3) So in original. Probably should not be capitalized.


-End-



-CITE-
18 USC Sec. 922 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 922. Unlawful acts

-STATUTE-
(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms, or in the course of such
business to ship, transport, or receive any firearm in
interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to
engage in the business of importing or manufacturing
ammunition, or in the course of such business, to ship,
transport, or receive any ammunition in interstate or foreign
commerce;

(2) for any importer, manufacturer, dealer, or collector
licensed under the provisions of this chapter to ship or
transport in interstate or foreign commerce any firearm to any
person other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, except that -
(A) this paragraph and subsection (b)(3) shall not be held to
preclude a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector from returning a firearm or
replacement firearm of the same kind and type to a person from
whom it was received; and this paragraph shall not be held to
preclude an individual from mailing a firearm owned in
compliance with Federal, State, and local law to a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to preclude a licensed
importer, licensed manufacturer, or licensed dealer from
depositing a firearm for conveyance in the mails to any
officer, employee, agent, or watchman who, pursuant to the
provisions of section 1715 of this title, is eligible to
receive through the mails pistols, revolvers, and other
firearms capable of being concealed on the person, for use in
connection with his official duty; and
(C) nothing in this paragraph shall be construed as applying
in any manner in the District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United States differently
than it would apply if the District of Columbia, the
Commonwealth of Puerto Rico, or the possession were in fact a
State of the United States;

(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;
(4) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, to
transport in interstate or foreign commerce any destructive
device, machinegun (as defined in section 5845 of the Internal
Revenue Code of 1986), short-barreled shotgun, or short-barreled
rifle, except as specifically authorized by the Attorney General
consistent with public safety and necessity;
(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to
transfer, sell, trade, give, transport, or deliver any firearm to
any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the
transferor knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person who
is permitted to acquire or possess a firearm under the laws of
the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
(6) for any person in connection with the acquisition or
attempted acquisition of any firearm or ammunition from a
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, knowingly to make any false or fictitious
oral or written statement or to furnish or exhibit any false,
fictitious, or misrepresented identification, intended or likely
to deceive such importer, manufacturer, dealer, or collector with
respect to any fact material to the lawfulness of the sale or
other disposition of such firearm or ammunition under the
provisions of this chapter;
(7) for any person to manufacture or import armor piercing
ammunition, unless -
(A) the manufacture of such ammunition is for the use of the
United States, any department or agency of the United States,
any State, or any department, agency, or political subdivision
of a State;
(B) the manufacture of such ammunition is for the purpose of
exportation; or
(C) the manufacture or importation of such ammunition is for
the purpose of testing or experimentation and has been
authorized by the Attorney General;

(8) for any manufacturer or importer to sell or deliver armor
piercing ammunition, unless such sale or delivery -
(A) is for the use of the United States, any department or
agency of the United States, any State, or any department,
agency, or political subdivision of a State;
(B) is for the purpose of exportation; or
(C) is for the purpose of testing or experimentation and has
been authorized by the Attorney General; (!1)


(9) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, who does
not reside in any State to receive any firearms unless such
receipt is for lawful sporting purposes.

(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase
or possession by such person of such firearm would be in
violation of any State law or any published ordinance applicable
at the place of sale, delivery or other disposition, unless the
licensee knows or has reasonable cause to believe that the
purchase or possession would not be in violation of such State
law or such published ordinance;
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a
place of business in) the State in which the licensee's place of
business is located, except that this paragraph (A) shall not
apply to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the licensee's
place of business is located if the transferee meets in person
with the transferor to accomplish the transfer, and the sale,
delivery, and receipt fully comply with the legal conditions of
sale in both such States (and any licensed manufacturer, importer
or dealer shall be presumed, for purposes of this subparagraph,
in the absence of evidence to the contrary, to have had actual
knowledge of the State laws and published ordinances of both
States), and (B) shall not apply to the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun (as
defined in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except as
specifically authorized by the Attorney General consistent with
public safety and necessity; and
(5) any firearm or armor-piercing ammunition to any person
unless the licensee notes in his records, required to be kept
pursuant to section 923 of this chapter, the name, age, and place
of residence of such person if the person is an individual, or
the identity and principal and local places of business of such
person if the person is a corporation or other business entity.

Paragraphs (1), (2), (3), and (4) of this subsection shall not
apply to transactions between licensed importers, licensed
manufacturers, licensed dealers, and licensed collectors. Paragraph
(4) of this subsection shall not apply to a sale or delivery to any
research organization designated by the Attorney General.
(c) In any case not otherwise prohibited by this chapter, a
licensed importer, licensed manufacturer, or licensed dealer may
sell a firearm to a person who does not appear in person at the
licensee's business premises (other than another licensed importer,
manufacturer, or dealer) only if -
(1) the transferee submits to the transferor a sworn statement
in the following form:
"Subject to penalties provided by law, I swear that, in the
case of any firearm other than a shotgun or a rifle, I am
twenty-one years or more of age, or that, in the case of a
shotgun or a rifle, I am eighteen years or more of age; that I
am not prohibited by the provisions of chapter 44 of title 18,
United States Code, from receiving a firearm in interstate or
foreign commerce; and that my receipt of this firearm will not
be in violation of any statute of the State and published
ordinance applicable to the locality in which I reside.
Further, the true title, name, and address of the principal law
enforcement officer of the locality to which the firearm will
be delivered are ____________
_______________________
Signature _________ Date ____."

and containing blank spaces for the attachment of a true copy of
any permit or other information required pursuant to such statute
or published ordinance;
(2) the transferor has, prior to the shipment or delivery of
the firearm, forwarded by registered or certified mail (return
receipt requested) a copy of the sworn statement, together with a
description of the firearm, in a form prescribed by the Attorney
General, to the chief law enforcement officer of the transferee's
place of residence, and has received a return receipt evidencing
delivery of the statement or has had the statement returned due
to the refusal of the named addressee to accept such letter in
accordance with United States Post Office Department regulations;
and
(3) the transferor has delayed shipment or delivery for a
period of at least seven days following receipt of the
notification of the acceptance or refusal of delivery of the
statement.

A copy of the sworn statement and a copy of the notification to the
local law enforcement officer, together with evidence of receipt or
rejection of that notification shall be retained by the licensee as
a part of the records required to be kept under section 923(g).
(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been
committed to any mental institution;
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));

(6) who (!2) has been discharged from the Armed Forces under
dishonorable conditions;

(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child, except
that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or

(9) has been convicted in any court of a misdemeanor crime of
domestic violence.

This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector who
pursuant to subsection (b) of section 925 of this chapter is not
precluded from dealing in firearms or ammunition, or to a person
who has been granted relief from disabilities pursuant to
subsection (c) of section 925 of this chapter.
(e) It shall be unlawful for any person knowingly to deliver or
cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce, to
persons other than licensed importers, licensed manufacturers,
licensed dealers, or licensed collectors, any package or other
container in which there is any firearm or ammunition without
written notice to the carrier that such firearm or ammunition is
being transported or shipped; except that any passenger who owns or
legally possesses a firearm or ammunition being transported aboard
any common or contract carrier for movement with the passenger in
interstate or foreign commerce may deliver said firearm or
ammunition into the custody of the pilot, captain, conductor or
operator of such common or contract carrier for the duration of the
trip without violating any of the provisions of this chapter. No
common or contract carrier shall require or cause any label, tag,
or other written notice to be placed on the outside of any package,
luggage, or other container that such package, luggage, or other
container contains a firearm.
(f)(1) It shall be unlawful for any common or contract carrier to
transport or deliver in interstate or foreign commerce any firearm
or ammunition with knowledge or reasonable cause to believe that
the shipment, transportation, or receipt thereof would be in
violation of the provisions of this chapter.
(2) It shall be unlawful for any common or contract carrier to
deliver in interstate or foreign commerce any firearm without
obtaining written acknowledgement of receipt from the recipient of
the package or other container in which there is a firearm.
(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has
been committed to a mental institution;
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));

(6) who has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) who is subject to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;
(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and
(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime
of domestic violence,

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.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person
described in any paragraph of subsection (g) of this section, in
the course of such employment -
(1) to receive, possess, or transport any firearm or ammunition
in or affecting interstate or foreign commerce; or
(2) to receive any firearm or ammunition which has been shipped
or transported in interstate or foreign commerce.

(i) It shall be unlawful for any person to transport or ship in
interstate or foreign commerce, any stolen firearm or stolen
ammunition, knowing or having reasonable cause to believe that the
firearm or ammunition was stolen.
(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm or
stolen ammunition, or pledge or accept as security for a loan any
stolen firearm or stolen ammunition, which is moving as, which is a
part of, which constitutes, or which has been shipped or
transported in, interstate or foreign commerce, either before or
after it was stolen, knowing or having reasonable cause to believe
that the firearm or ammunition was stolen.
(k) It shall be unlawful for any person knowingly to transport,
ship, or receive, in interstate or foreign commerce, any firearm
which has had the importer's or manufacturer's serial number
removed, obliterated, or altered or to possess or receive any
firearm which has had the importer's or manufacturer's serial
number removed, obliterated, or altered and has, at any time, been
shipped or transported in interstate or foreign commerce.
(l) Except as provided in section 925(d) of this chapter, it
shall be unlawful for any person knowingly to import or bring into
the United States or any possession thereof any firearm or
ammunition; and it shall be unlawful for any person knowingly to
receive any firearm or ammunition which has been imported or
brought into the United States or any possession thereof in
violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly to
make any false entry in, to fail to make appropriate entry in, or
to fail to properly maintain, any record which he is required to
keep pursuant to section 923 of this chapter or regulations
promulgated thereunder.
(n) It shall be unlawful for any person who is under indictment
for a crime punishable by imprisonment for a term exceeding one
year to ship or transport in interstate or foreign commerce any
firearm or ammunition or receive any firearm or ammunition which
has been shipped or transported in interstate or foreign commerce.
(o)(1) Except as provided in paragraph (2), it shall be unlawful
for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to -
(A) a transfer to or by, or possession by or under the
authority of, the United States or any department or agency
thereof or a State, or a department, agency, or political
subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun
that was lawfully possessed before the date this subsection takes
effect.

(p)(1) It shall be unlawful for any person to manufacture,
import, sell, ship, deliver, possess, transfer, or receive any
firearm -
(A) that, after removal of grips, stocks, and magazines, is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security
Exemplar; or
(B) any major component of which, when subjected to inspection
by the types of x-ray machines commonly used at airports, does
not generate an image that accurately depicts the shape of the
component. Barium sulfate or other compounds may be used in the
fabrication of the component.

(2) For purposes of this subsection -
(A) the term "firearm" does not include the frame or receiver
of any such weapon;
(B) the term "major component" means, with respect to a
firearm, the barrel, the slide or cylinder, or the frame or
receiver of the firearm; and
(C) the term "Security Exemplar" means an object, to be
fabricated at the direction of the Attorney General, that is -
(i) constructed of, during the 12-month period beginning on
the date of the enactment of this subsection, 3.7 ounces of
material type 17-4 PH stainless steel in a shape resembling a
handgun; and
(ii) suitable for testing and calibrating metal detectors:

Provided, however, That at the close of such 12-month period, and
at appropriate times thereafter the Attorney General shall
promulgate regulations to permit the manufacture, importation,
sale, shipment, delivery, possession, transfer, or receipt of
firearms previously prohibited under this subparagraph that are
as detectable as a "Security Exemplar" which contains 3.7 ounces
of material type 17-4 PH stainless steel, in a shape resembling a
handgun, or such lesser amount as is detectable in view of
advances in state-of-the-art developments in weapons detection
technology.

(3) Under such rules and regulations as the Attorney General
shall prescribe, this subsection shall not apply to the
manufacture, possession, transfer, receipt, shipment, or delivery
of a firearm by a licensed manufacturer or any person acting
pursuant to a contract with a licensed manufacturer, for the
purpose of examining and testing such firearm to determine whether
paragraph (1) applies to such firearm. The Attorney General shall
ensure that rules and regulations adopted pursuant to this
paragraph do not impair the manufacture of prototype firearms or
the development of new technology.
(4) The Attorney General shall permit the conditional importation
of a firearm by a licensed importer or licensed manufacturer, for
examination and testing to determine whether or not the
unconditional importation of such firearm would violate this
subsection.
(5) This subsection shall not apply to any firearm which -
(A) has been certified by the Secretary of Defense or the
Director of Central Intelligence, after consultation with the
Attorney General and the Administrator of the Federal Aviation
Administration, as necessary for military or intelligence
applications; and
(B) is manufactured for and sold exclusively to military or
intelligence agencies of the United States.

(6) This subsection shall not apply with respect to any firearm
manufactured in, imported into, or possessed in the United States
before the date of the enactment of the Undetectable Firearms Act
of 1988.
(q)(1) The Congress finds and declares that -
(A) crime, particularly crime involving drugs and guns, is a
pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate
movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce
and have been found in increasing numbers in and around schools,
as documented in numerous hearings in both the Committee on the
Judiciary (!3) the House of Representatives and the Committee on
the Judiciary of the Senate;

(D) in fact, even before the sale of a firearm, the gun, its
component parts, ammunition, and the raw materials from which
they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary
citizens and foreign visitors may fear to travel to or through
certain parts of the country due to concern about violent crime
and gun violence, and parents may decline to send their children
to school for the same reason;
(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse
impact on interstate commerce and the foreign commerce of the
United States;
(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves - even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or inability
of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation's
schools by enactment of this subsection.

(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;

(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.

(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard for
the safety of another, to discharge or attempt to discharge a
firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm
-
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school
zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered
into between a school in a school zone and the individual or an
employer of the individual; or
(iv) by a law enforcement officer acting in his or her official
capacity.

(4) Nothing in this subsection shall be construed as preempting
or preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.
(r) It shall be unlawful for any person to assemble from imported
parts any semiautomatic rifle or any shotgun which is identical to
any rifle or shotgun prohibited from importation under section
925(d)(3) of this chapter as not being particularly suitable for or
readily adaptable to sporting purposes except that this subsection
shall not apply to -
(1) the assembly of any such rifle or shotgun for sale or
distribution by a licensed manufacturer to the United States or
any department or agency thereof or to any State or any
department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes
of testing or experimentation authorized by the Attorney General.

(s)(1) Beginning on the date that is 90 days after the date of
enactment of this subsection and ending on the day before the date
that is 60 months after such date of enactment, it shall be
unlawful for any licensed importer, licensed manufacturer, or
licensed dealer to sell, deliver, or transfer a handgun (other than
the return of a handgun to the person from whom it was received) to
an individual who is not licensed under section 923, unless -
(A) after the most recent proposal of such transfer by the
transferee -
(i) the transferor has -
(I) received from the transferee a statement of the
transferee containing the information described in paragraph
(3);
(II) verified the identity of the transferee by examining
the identification document presented;
(III) within 1 day after the transferee furnishes the
statement, provided notice of the contents of the statement
to the chief law enforcement officer of the place of
residence of the transferee; and
(IV) within 1 day after the transferee furnishes the
statement, transmitted a copy of the statement to the chief
law enforcement officer of the place of residence of the
transferee; and

(ii)(I) 5 business days (meaning days on which State offices
are open) have elapsed from the date the transferor furnished
notice of the contents of the statement to the chief law
enforcement officer, during which period the transferor has not
received information from the chief law enforcement officer
that receipt or possession of the handgun by the transferee
would be in violation of Federal, State, or local law; or
(II) the transferor has received notice from the chief law
enforcement officer that the officer has no information
indicating that receipt or possession of the handgun by the
transferee would violate Federal, State, or local law;

(B) the transferee has presented to the transferor a written
statement, issued by the chief law enforcement officer of the
place of residence of the transferee during the 10-day period
ending on the date of the most recent proposal of such transfer
by the transferee, stating that the transferee requires access to
a handgun because of a threat to the life of the transferee or of
any member of the household of the transferee;
(C)(i) the transferee has presented to the transferor a permit
that -
(I) allows the transferee to possess or acquire a handgun;
and
(II) was issued not more than 5 years earlier by the State in
which the transfer is to take place; and

(ii) the law of the State provides that such a permit is to be
issued only after an authorized government official has verified
that the information available to such official does not indicate
that possession of a handgun by the transferee would be in
violation of the law;
(D) the law of the State requires that, before any licensed
importer, licensed manufacturer, or licensed dealer completes the
transfer of a handgun to an individual who is not licensed under
section 923, an authorized government official verify that the
information available to such official does not indicate that
possession of a handgun by the transferee would be in violation
of law;
(E) the Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986; or
(F) on application of the transferor, the Attorney General has
certified that compliance with subparagraph (A)(i)(III) is
impracticable because -
(i) the ratio of the number of law enforcement officers of
the State in which the transfer is to occur to the number of
square miles of land area of the State does not exceed 0.0025;
(ii) the business premises of the transferor at which the
transfer is to occur are extremely remote in relation to the
chief law enforcement officer; and
(iii) there is an absence of telecommunications facilities in
the geographical area in which the business premises are
located.

(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a
reasonable effort to ascertain within 5 business days whether
receipt or possession would be in violation of the law, including
research in whatever State and local recordkeeping systems are
available and in a national system designated by the Attorney
General.
(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only -
(A) the name, address, and date of birth appearing on a valid
identification document (as defined in section 1028(d)(1) (!4))
of the transferee containing a photograph of the transferee and a
description of the identification used;

(B) a statement that the transferee -
(i) is not under indictment for, and has not been convicted
in any court of, a crime punishable by imprisonment for a term
exceeding 1 year, and has not been convicted in any court of a
misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act);
(iv) has not been adjudicated as a mental defective or been
committed to a mental institution;
(v) is not an alien who -
(I) is illegally or unlawfully in the United States; or
(II) subject to subsection (y)(2), has been admitted to the
United States under a nonimmigrant visa (as that term is
defined in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));

(vi) has not been discharged from the Armed Forces under
dishonorable conditions; and
(vii) is not a person who, having been a citizen of the
United States, has renounced such citizenship;

(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a handgun from
the transferor.

(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer containing
information that receipt or possession of the handgun by the
transferee violates Federal, State, or local law shall, within 1
business day after receipt of such request, communicate any
information related to the transfer that the transferor has about
the transfer and the transferee to -
(A) the chief law enforcement officer of the place of business
of the transferor; and
(B) the chief law enforcement officer of the place of residence
of the transferee.

(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection shall
not disclose such information except to the transferee, to law
enforcement authorities, or pursuant to the direction of a court of
law.
(6)(A) Any transferor who sells, delivers, or otherwise transfers
a handgun to a transferee shall retain the copy of the statement of
the transferee with respect to the handgun transaction, and shall
retain evidence that the transferor has complied with subclauses
(III) and (IV) of paragraph (1)(A)(i) with respect to the
statement.
(B) Unless the chief law enforcement officer to whom a statement
is transmitted under paragraph (1)(A)(i)(IV) determines that a
transaction would violate Federal, State, or local law -
(i) the officer shall, within 20 business days after the date
the transferee made the statement on the basis of which the
notice was provided, destroy the statement, any record containing
information derived from the statement, and any record created as
a result of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall not be
conveyed to any person except a person who has a need to know in
order to carry out this subsection; and
(iii) the information contained in the statement shall not be
used for any purpose other than to carry out this subsection.

(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the individual
requests the officer to provide the reason for such determination,
the officer shall provide such reasons to the individual in writing
within 20 business days after receipt of the request.
(7) A chief law enforcement officer or other person responsible
for providing criminal history background information pursuant to
this subsection shall not be liable in an action at law for damages
-
(A) for failure to prevent the sale or transfer of a handgun to
a person whose receipt or possession of the handgun is unlawful
under this section; or
(B) for preventing such a sale or transfer to a person who may
lawfully receive or possess a handgun.

(8) For purposes of this subsection, the term "chief law
enforcement officer" means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.
(9) The Attorney General shall take necessary actions to ensure
that the provisions of this subsection are published and
disseminated to licensed dealers, law enforcement officials, and
the public.
(t)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 103(d) of the Brady
Handgun Violence Prevention Act that the national instant criminal
background check system is established, a licensed importer,
licensed manufacturer, or licensed dealer shall not transfer a
firearm to any other person who is not licensed under this chapter,
unless -
(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check system
established under section 103 of that Act;
(B)(i) the system provides the licensee with a unique
identification number; or
(ii) 3 business days (meaning a day on which State offices are
open) have elapsed since the licensee contacted the system, and
the system has not notified the licensee that the receipt of a
firearm by such other person would violate subsection (g) or (n)
of this section; and
(C) the transferor has verified the identity of the transferee
by examining a valid identification document (as defined in
section 1028(d) of this title) of the transferee containing a
photograph of the transferee.

(2) If receipt of a firearm would not violate subsection (g) or
(n) or State law, the system shall -
(A) assign a unique identification number to the transfer;
(B) provide the licensee with the number; and
(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.

(3) Paragraph (1) shall not apply to a firearm transfer between a
licensee and another person if -
(A)(i) such other person has presented to the licensee a permit
that -
(I) allows such other person to possess or acquire a firearm;
and
(II) was issued not more than 5 years earlier by the State in
which the transfer is to take place; and

(ii) the law of the State provides that such a permit is to be
issued only after an authorized government official has verified
that the information available to such official does not indicate
that possession of a firearm by such other person would be in
violation of law;
(B) the Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986; or
(C) on application of the transferor, the Attorney General has
certified that compliance with paragraph (1)(A) is impracticable
because -
(i) the ratio of the number of law enforcement officers of
the State in which the transfer is to occur to the number of
square miles of land area of the State does not exceed 0.0025;
(ii) the business premises of the licensee at which the
transfer is to occur are extremely remote in relation to the
chief law enforcement officer (as defined in subsection
(s)(8)); and
(iii) there is an absence of telecommunications facilities in
the geographical area in which the business premises are
located.

(4) If the national instant criminal background check system
notifies the licensee that the information available to the system
does not demonstrate that the receipt of a firearm by such other
person would violate subsection (g) or (n) or State law, and the
licensee transfers a firearm to such other person, the licensee
shall include in the record of the transfer the unique
identification number provided by the system with respect to the
transfer.
(5) If the licensee knowingly transfers a firearm to such other
person and knowingly fails to comply with paragraph (1) of this
subsection with respect to the transfer and, at the time such other
person most recently proposed the transfer, the national instant
criminal background check system was operating and information was
available to the system demonstrating that receipt of a firearm by
such other person would violate subsection (g) or (n) of this
section or State law, the Attorney General may, after notice and
opportunity for a hearing, suspend for not more than 6 months or
revoke any license issued to the licensee under section 923, and
may impose on the licensee a civil fine of not more than $5,000.
(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal background
check system shall be liable in an action at law for damages -
(A) for failure to prevent the sale or transfer of a firearm to
a person whose receipt or possession of the firearm is unlawful
under this section; or
(B) for preventing such a sale or transfer to a person who may
lawfully receive or possess a firearm.

(u) It shall be unlawful for a person to steal or unlawfully take
or carry away from the person or the premises of a person who is
licensed to engage in the business of importing, manufacturing, or
dealing in firearms, any firearm in the licensee's business
inventory that has been shipped or transported in interstate or
foreign commerce.
[(v), (w) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2),
Sept. 13, 1994, 108 Stat. 2000.]
(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile -
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.

(2) It shall be unlawful for any person who is a juvenile to
knowingly possess -
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to -
(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or ammunition
by a juvenile if the handgun and ammunition are possessed and
used by the juvenile -
(i) in the course of employment, in the course of ranching or
farming related to activities at the residence of the juvenile
(or on property used for ranching or farming at which the
juvenile, with the permission of the property owner or lessee,
is performing activities related to the operation of the farm
or ranch), target practice, hunting, or a course of instruction
in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile's parent
or guardian who is not prohibited by Federal, State, or local
law from possessing a firearm, except -
(I) during transportation by the juvenile of an unloaded
handgun in a locked container directly from the place of
transfer to a place at which an activity described in clause
(i) is to take place and transportation by the juvenile of
that handgun, unloaded and in a locked container, directly
from the place at which such an activity took place to the
transferor; or
(II) with respect to ranching or farming activities as
described in clause (i), a juvenile may possess and use a
handgun or ammunition with the prior written approval of the
juvenile's parent or legal guardian and at the direction of
an adult who is not prohibited by Federal, State or local law
from possessing a firearm;

(iii) the juvenile has the prior written consent in the
juvenile's possession at all times when a handgun is in the
possession of the juvenile; and
(iv) in accordance with State and local law;

(B) a juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed
with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of
a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile
taken in defense of the juvenile or other persons against an
intruder into the residence of the juvenile or a residence in
which the juvenile is an invited guest.

(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the transferor
is not in violation of this subsection shall not be subject to
permanent confiscation by the Government if its possession by the
juvenile subsequently becomes unlawful because of the conduct of
the juvenile, but shall be returned to the lawful owner when such
handgun or ammunition is no longer required by the Government for
the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term "juvenile" means a
person who is less than 18 years of age.
(6)(A) In a prosecution of a violation of this subsection, the
court shall require the presence of a juvenile defendant's parent
or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce subparagraph
(A).
(C) The court may excuse attendance of a parent or legal guardian
of a juvenile defendant at a proceeding in a prosecution of a
violation of this subsection for good cause shown.
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas. -
(1) Definitions. - In this subsection -
(A) the term "alien" has the same meaning as in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)); and
(B) the term "nonimmigrant visa" has the same meaning as in
section 101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26)).

(2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
admitted to the United States under a nonimmigrant visa, if that
alien is -
(A) admitted to the United States for lawful hunting or
sporting purposes or is in possession of a hunting license or
permit lawfully issued in the United States;
(B) an official representative of a foreign government who is
-
(i) accredited to the United States Government or the
Government's mission to an international organization having
its headquarters in the United States; or
(ii) en route to or from another country to which that
alien is accredited;

(C) an official of a foreign government or a distinguished
foreign visitor who has been so designated by the Department of
State; or
(D) a foreign law enforcement officer of a friendly foreign
government entering the United States on official law
enforcement business.

(3) Waiver. -
(A) Conditions for waiver. - Any individual who has been
admitted to the United States under a nonimmigrant visa may
receive a waiver from the requirements of subsection (g)(5), if
-
(i) the individual submits to the Attorney General a
petition that meets the requirements of subparagraph (C); and
(ii) the Attorney General approves the petition.

(B) Petition. - Each petition under subparagraph (B) shall -
(i) demonstrate that the petitioner has resided in the
United States for a continuous period of not less than 180
days before the date on which the petition is submitted under
this paragraph; and
(ii) include a written statement from the embassy or
consulate of the petitioner, authorizing the petitioner to
acquire a firearm or ammunition and certifying that the alien
would not, absent the application of subsection (g)(5)(B),
otherwise be prohibited from such acquisition under
subsection (g).

(C) Approval of petition. - The Attorney General shall
approve a petition submitted in accordance with this paragraph,
if the Attorney General determines that waiving the
requirements of subsection (g)(5)(B) with respect to the
petitioner -
(i) would be in the interests of justice; and
(ii) would not jeopardize the public safety.

(z) Secure Gun Storage or Safety Device. -
(1) In general. - Except as provided under paragraph (2), it
shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
any handgun to any person other than any person licensed under
this chapter, unless the transferee is provided with a secure gun
storage or safety device (as defined in section 921(a)(34)) for
that handgun.
(2) Exceptions. - Paragraph (1) shall not apply to -
(A)(i) the manufacture for, transfer to, or possession by,
the United States, a department or agency of the United States,
a State, or a department, agency, or political subdivision of a
State, of a handgun; or
(ii) the transfer to, or possession by, a law enforcement
officer employed by an entity referred to in clause (i) of a
handgun for law enforcement purposes (whether on or off duty);
or
(B) the transfer to, or possession by, a rail police officer
employed by a rail carrier and certified or commissioned as a
police officer under the laws of a State of a handgun for
purposes of law enforcement (whether on or off duty);
(C) the transfer to any person of a handgun listed as a curio
or relic by the Secretary pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun for which a
secure gun storage or safety device is temporarily unavailable
for the reasons described in the exceptions stated in section
923(e), if the licensed manufacturer, licensed importer, or
licensed dealer delivers to the transferee within 10 calendar
days from the date of the delivery of the handgun to the
transferee a secure gun storage or safety device for the
handgun.

(3) Liability for use. -
(A) In general. - Notwithstanding any other provision of law,
a person who has lawful possession and control of a handgun,
and who uses a secure gun storage or safety device with the
handgun, shall be entitled to immunity from a qualified civil
liability action.
(B) Prospective actions. - A qualified civil liability action
may not be brought in any Federal or State court.
(C) Defined term. - As used in this paragraph, the term
"qualified civil liability action" -
(i) means a civil action brought by any person against a
person described in subparagraph (A) for damages resulting
from the criminal or unlawful misuse of the handgun by a
third party, if -
(I) the handgun was accessed by another person who did
not have the permission or authorization of the person
having lawful possession and control of the handgun to have
access to it; and
(II) at the time access was gained by the person not so
authorized, the handgun had been made inoperable by use of
a secure gun storage or safety device; and

(ii) shall not include an action brought against the person
having lawful possession and control of the handgun for
negligent entrustment or negligence per se.


-MISC1-
[APPENDIX A REPEALED. PUB. L. 103-322, TITLE XI, SEC. 110105(2),
SEPT. 13, 1994, 108 STAT. 2000]

-SOURCE-
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
228; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1216; Pub. L. 97-377, title I, Sec. 165(a), Dec. 21, 1982, 96
Stat. 1923; Pub. L. 99-308, Sec. 102, May 19, 1986, 100 Stat. 451;
Pub. L. 99-408, Sec. 2, Aug. 28, 1986, 100 Stat. 920; Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-649, Sec.
2(a), (f)(2)(A), Nov. 10, 1988, 102 Stat. 3816, 3818; Pub. L. 100-
690, title VII, Sec. 7060(c), Nov. 18, 1988, 102 Stat. 4404; Pub.
L. 101-647, title XVII, Sec. 1702(b)(1), title XXII, Secs. 2201,
2202, 2204(b), title XXXV, Sec. 3524, Nov. 29, 1990, 104 Stat.
4844, 4856, 4857, 4924; Pub. L. 103-159, title I, Sec. 102(a)(1),
(b), title III, Sec. 302(a)-(c), Nov. 30, 1993, 107 Stat. 1536,
1539, 1545; Pub. L. 103-322, title XI, Secs. 110102(a), 110103(a),
110105(2), 110106, 110201(a), 110401(b), (c), 110511, 110514, title
XXXII, Secs. 320904, 320927, title XXXIII, Sec. 330011(i), Sept.
13, 1994, 108 Stat. 1996, 1998, 2000, 2010, 2014, 2019, 2125, 2131,
2145; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI,
Secs. 657, 658(b)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-369,
3009-372; Pub. L. 104-294, title VI, Sec. 603(b), (c)(1), (d)-
(f)(1), (g), Oct. 11, 1996, 110 Stat. 3503, 3504; Pub. L. 105-277,
div. A, Sec. 101(b) [title I, Sec. 121], Oct. 21, 1998, 112 Stat.
2681-50, 2681-71; Pub. L. 107-273, div. B, title IV, Sec.
4003(a)(1), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 107-296, title
XI, Sec. 1112(f)(4), (6), Nov. 25, 2002, 116 Stat. 2276; Pub. L.
109-92, Secs. 5(c)(1), 6(a), Oct. 26, 2005, 119 Stat. 2099, 2101.)


-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 100-649, Sec. 2(f)(2)(A), Nov. 10, 1988, 102 Stat. 3818,
as amended by Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec.
649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528; Pub. L. 108-174,
Sec. 1(1), Dec. 9, 2003, 117 Stat. 2481, provided that, effective
25 years after the 30th day beginning after Nov. 10, 1988,
subsection (p) of this section is repealed.

-REFTEXT-
REFERENCES IN TEXT
The effective date of this chapter, referred to in subsec.
(a)(3), is December 16, 1968.
Section 5845 of the Internal Revenue Code of 1986, referred to in
subsecs. (a)(4) and (b)(4), is classified to section 5845 of Title
26, Internal Revenue Code.
For date this subsection takes effect, referred to in subsec.
(o)(2)(B), as May 19, 1986, see Effective Date of 1986 Amendment
note, set out below.
The date of the enactment of this subsection and the date of the
enactment of the Undetectable Firearms Act of 1988, referred to in
subsec. (p)(2)(C)(i), (6), respectively, are both the date of
enactment of Pub. L. 100-649, which enacted subsec. (p) of this
section and which was approved Nov. 10, 1988.
The date of enactment of this subsection, referred to in subsec.
(s)(1), is the date of enactment of Pub. L. 103-159, which was
approved Nov. 30, 1993.
Section 5812 of the Internal Revenue Code of 1986, referred to in
subsecs. (s)(1)(E) and (t)(3)(B), is classified to section 5812 of
Title 26, Internal Revenue Code.
Section 1028 of this title, referred to in subsec. (s)(3)(A), was
subsequently amended, and section 1028(d)(1) no longer defines the
term "identification document". However, such term is defined
elsewhere in that section.
Section 102 of the Controlled Substances Act, referred to in
subsec. (s)(3)(B)(iii), is classified to section 802 of Title 21,
Food and Drugs.
Section 103 of the Brady Handgun Violence Prevention Act,
referred to in subsec. (t)(1), is section 103 of Pub. L. 103-159,
which is set out below.


-MISC2-
AMENDMENTS
2005 - Subsec. (a)(7), (8). Pub. L. 109-92, Sec. 6(a), added
pars. (7) and (8) and struck out former pars. (7) and (8) which
related to prohibitions on the manufacture, importation, sale, and
delivery of armor piercing ammunition.
Subsec. (z). Pub. L. 109-92, Sec. 5(c)(1), added subsec. (z).
2002 - Subsecs. (a) to (c), (p)(2) to (4). Pub. L. 107-296, Sec.
1112(f)(6), substituted "Attorney General" for "Secretary" wherever
appearing.
Subsec. (p)(5)(A). Pub. L. 107-296, Sec. 1112(f)(4), substituted
"after consultation with the Attorney General" for "after
consultation with the Secretary".
Subsecs. (r), (s). Pub. L. 107-296, Sec. 1112(f)(6), substituted
"Attorney General" for "Secretary" wherever appearing.
Subsec. (t)(1)(C). Pub. L. 107-273 substituted "1028(d)" for
"1028(d)(1)".
Subsecs. (t)(3), (5), (v), (w). Pub. L. 107-296, Sec. 1112(f)(6),
substituted "Attorney General" for "Secretary" wherever appearing.
1998 - Subsec. (d)(5). Pub. L. 105-277, Sec. 101(b) [title I,
Sec. 121(1)], added par. (5) and struck out former par. (5) which
read as follows: "who, being an alien, is illegally or unlawfully
in the United States;".
Subsec. (g)(5). Pub. L. 105-277, Sec. 101(b) [title I, Sec.
121(2)], added par. (5) and struck out former par. (5) which read
as follows: "who, being an alien, is illegally or unlawfully in the
United States;".
Subsec. (s)(3)(B)(v). Pub. L. 105-277, Sec. 101(b) [title I, Sec.
121(3)], added cl. (v) and struck out former cl. (v) which read as
follows: "is not an alien who is illegally or unlawfully in the
United States;".
Subsec. (y). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 121(4)],
added subsec. (y).
1996 - Pub. L. 104-294, Sec. 603(g), amended Appendix A by
substituting "Uberti 1866 Sporting Rifle" for "Uberti 1866 Sporting
Rilfe" in category designated "Centerfire Rifles - Lever & Slide",
"Sako FiberClass Sporter" for "Sako Fiberclass Sporter" in category
designated "Centerfire Rifles - Bolt Action", "Remington 870 SPS
Special Purpose Magnum" for "Remington 879 SPS Special Purpose
Magnum" in category designated "Shotguns - Slide Actions", and
"E.A.A./Sabatti Falcon-Mon Over/Under" for "E.A.A/Sabatti Falcon-
Mon Over/Under" in category designated "Shotguns - Over/Unders".
Subsec. (d)(9). Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(1)],
added par. (9).
Subsec. (g)(7). Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)(A)],
struck out "or" at end.
Subsec. (g)(8)(C)(ii). Pub. L. 104-294, Sec. 603(b), which
directed the amendment of cl. (ii) by substituting a semicolon for
the comma at end, could not be executed because of the prior
amendment by Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)]. See
below.
Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)(B)], substituted ";
or" for comma at end.
Subsec. (g)(9). Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)(C)],
added par. (9).
Subsec. (q). Pub. L. 104-208, Sec. 101(f) [title VI, Sec. 657],
amended subsec. generally, revising and restating former
provisions.
Subsec. (s)(1). Pub. L. 104-294, Sec. 603(c)(1), amended
directory language of Pub. L. 103-322, Sec. 320927. See 1994
Amendment note below.
Subsec. (s)(3)(B)(i). Pub. L. 104-208, Sec. 101(f) [title VI,
Sec. 658(b)(3)], inserted ", and has not been convicted in any
court of a misdemeanor crime of domestic violence" before the
semicolon.
Subsec. (t)(2). Pub. L. 104-294, Sec. 603(d), substituted
"subsection (g) or (n)" for "section 922(g) or (n)" in introductory
provisions.
Subsec. (w)(4). Pub. L. 104-294, Sec. 603(e), substituted
"section 923(i) of this title" for "section 923(i) of title 18,
United States Code,".
Subsec. (x). Pub. L. 104-294, Sec. 603(f)(1), amended directory
language of Pub. L. 103-322, Sec. 110201(a). See 1994 Amendment
note below.
1994 - Pub. L. 103-322, Sec. 110106, which added Appendix A
specifying firearms that were not prohibited by subsec. (v)(1) at
end of section, was repealed by Pub. L. 103-322, Sec. 110105(2).
See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (a)(9). Pub. L. 103-322, Sec. 110514, added par. (9).
Subsec. (b)(1). Pub. L. 103-322, Sec. 330011(i), amended
directory language of Pub. L. 101-647, Sec. 3524. See 1990
Amendment note below.
Subsec. (d)(8). Pub. L. 103-322, Sec. 110401(b), added par. (8).
Subsec. (g)(8). Pub. L. 103-322, Sec. 110401(c), added par. (8).
Subsec. (j). Pub. L. 103-322, Sec. 110511, amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: "It
shall be unlawful for any person to receive, conceal, store,
barter, sell, or dispose of any stolen firearm or stolen
ammunition, or pledge or accept as security for a loan any stolen
firearm or stolen ammunition, which is moving as, which is a part
of, which constitutes, or which has been shipped or transported in,
interstate or foreign commerce, knowing or having reasonable cause
to believe that the firearm or ammunition was stolen."
Subsec. (q). Pub. L. 103-322, Sec. 320904, added par. (1) and
redesignated former pars. (1) to (3) as (2) to (4), respectively.
Subsec. (s)(1). Pub. L. 103-322, Sec. 320927, as amended by Pub.
L. 104-294, Sec. 603(c)(1), inserted "(other than the return of a
handgun to the person from whom it was received)" after "handgun"
in introductory provisions.
Subsec. (v). Pub. L. 103-322, Sec. 110102(a), which added subsec.
(v) prohibiting the manufacture, transfer, or possession of
automatic assault weapons, was repealed by Pub. L. 103-322, Sec.
110105(2). See Effective and Termination Dates of 1994 Amendment
note below.
Subsec. (w). Pub. L. 103-322, Sec. 110103(a), which added subsec.
(w) prohibiting the transfer or possession of a large capacity
ammunition feeding device, was repealed by Pub. L. 103-322, Sec.
110105(2). See Effective and Termination Dates of 1994 Amendment
note below.
Subsec. (x). Pub. L. 103-322, Sec. 110201(a), as amended by Pub.
L. 104-294, Sec. 603(f)(1), added subsec. (x).
1993 - Subsec. (e). Pub. L. 103-159, Sec. 302(a), inserted at end
"No common or contract carrier shall require or cause any label,
tag, or other written notice to be placed on the outside of any
package, luggage, or other container that such package, luggage, or
other container contains a firearm."
Subsec. (f). Pub. L. 103-159, Sec. 302(b), designated existing
provisions as par. (1) and added par. (2).
Subsec. (s). Pub. L. 103-159, Sec. 102(a)(1), added subsec. (s).
Subsec. (t). Pub. L. 103-159, Sec. 102(b), added subsec. (t).
Subsec. (u). Pub. L. 103-159, Sec. 302(c), added subsec. (u).
1990 - Subsec. (a)(5). Pub. L. 101-647, Sec. 2201, substituted
"does not reside in (or if the person is a corporation or other
business entity, does not maintain a place of business in) the
State in which the transferor resides;" for "resides in any State
other than that in which the transferor resides (or other than that
in which its place of business is located if the transferor is a
corporation or other business entity);".
Subsec. (b)(1). Pub. L. 101-647, Sec. 3524, as amended by Pub. L.
103-322, Sec. 330011(i), substituted semicolon for period at end.
Subsec. (j). Pub. L. 101-647, Sec. 2202(a), substituted "which
constitutes, or which has been shipped or transported in" for "or
which constitutes".
Subsec. (k). Pub. L. 101-647, Sec. 2202(b), inserted before
period at end "or to possess or receive any firearm which has had
the importer's or manufacturer's serial number removed,
obliterated, or altered and has, at any time, been shipped or
transported in interstate or foreign commerce".
Subsec. (q). Pub. L. 101-647, Sec. 1702(b)(1), added subsec. (q).
Subsec. (r). Pub. L. 101-647, Sec. 2204(b), added subsec. (r).
1988 - Subsec. (g)(3). Pub. L. 100-690 inserted "who" before
"is".
Subsec. (p). Pub. L. 100-649 added subsec. (p).
1986 - Subsec. (a)(1). Pub. L. 99-308, Sec. 102(1), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: "for
any person, except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms or ammunition, or in the
course of such business to ship, transport, or receive any firearm
or ammunition in interstate or foreign commerce;"
Subsec. (a)(2). Pub. L. 99-308, Sec. 102(2)(A), in provision
preceding subpar. (A) struck out "or ammunition" after "any
firearm".
Subsec. (a)(2)(A). Pub. L. 99-308, Sec. 102(2)(B), substituted
"licensed dealer, or licensed collector" for "or licensed dealer
for the sole purpose of repair or customizing".
Subsec. (a)(3)(B). Pub. L. 99-308, Sec. 102(3), substituted
"firearm" for "rifle or shotgun" and "with subsection (b)(3) of
this section" for "with the provisions of subsection (b)(3) of this
section".
Subsec. (a)(4). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Subsec. (a)(7), (8). Pub. L. 99-408 added pars. (7) and (8).
Subsec. (b)(2). Pub. L. 99-308, Sec. 102(4)(A), struck out "or
ammunition" after "firearm" in two places.
Subsec. (b)(3)(A). Pub. L. 99-308, Sec. 102(4)(B), inserted a new
cl. (A) and struck out former cl. (A) which provided that par. (3)
"shall not apply to the sale or delivery of a rifle or shotgun to a
resident of a State contiguous to the State in which the licensee's
place of business is located if the purchaser's State of residence
permits such sale or delivery by law, the sale fully complies with
the legal conditions of sale in both such contiguous States, and
the purchaser and the licensee have, prior to the sale, or delivery
for sale, of the rifle or shotgun, complied with all of the
requirements of section 922(c) applicable to intrastate
transactions other than at the licensee's business premises,".
Subsec. (b)(3)(B), (C). Pub. L. 99-308, Sec. 102(4)(C), (D),
inserted "and" before "(B)" and struck out cl. (C), which provided
that par. (3) "shall not preclude any person who is participating
in any organized rifle or shotgun match or contest, or is engaged
in hunting, in a State other than his State of residence and whose
rifle or shotgun has been lost or stolen or has become inoperative
in such other State, from purchasing a rifle or shotgun in such
other State from a licensed dealer if such person presents to such
dealer a sworn statement (i) that his rifle or shotgun was lost or
stolen or became inoperative while participating in such a match or
contest, or while engaged in hunting, in such other State, and (ii)
identifying the chief law enforcement officer of the locality in
which such person resides, to whom such licensed dealer shall
forward such statement by registered mail".
Subsec. (b)(4). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Subsec. (b)(5). Pub. L. 99-308, Sec. 102(4)(E), substituted "or
armor-piercing ammunition" for "or ammunition except .22 caliber
rimfire ammunition".
Subsec. (d). Pub. L. 99-308, Sec. 102(5)(A), substituted "person"
for "licensed importer, licensed manufacturer, licensed dealer, or
licensed collector" in provision preceding par. (1).
Subsec. (d)(3). Pub. L. 99-308, Sec. 102(5)(B), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "is an
unlawful user of or addicted to marihuana or any depressant or
stimulant drug (as defined in section 201(v) of the Federal Food,
Drug, and Cosmetic Act) or narcotic drug (as defined in section
4731(a) of the Internal Revenue Code of 1954); or".
Subsec. (d)(5) to (7). Pub. L. 99-308, Sec. 102(5)(C), (D), added
pars. (5) to (7).
Subsec. (g). Pub. L. 99-308, Sec. 102(6)(D), in concluding
provision substituted "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" for "any firearm or
ammunition in interstate or foreign commerce".
Subsec. (g)(1). Pub. L. 99-308, Sec. 102(6)(A), struck out "is
under indictment for, or who" after "who".
Subsec. (g)(3). Pub. L. 99-308, Sec. 102(6)(B), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "who is an
unlawful user of or addicted to marihuana or any depressant or
stimulant drug (as defined in section 201(v) of the Federal Food,
Drug, and Cosmetic Act) or narcotic drug (as defined in section
4731(a) of the Internal Revenue Code of 1954); or".
Subsec. (g)(5) to (7). Pub. L. 99-308, Sec. 102(6)(C), added
pars. (5) to (7).
Subsec. (h). Pub. L. 99-308, Sec. 102(7), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: "It
shall be unlawful for any person -
"(1) who is under indictment for, or who has been convicted in
any court of, a crime punishable by imprisonment for a term
exceeding one year;
"(2) who is a fugitive from justice;
"(3) who is an unlawful user of or addicted to marihuana or any
depressant or stimulant drug (as defined in section 201(v) of the
Federal Food, Drug, and Cosmetic Act) or narcotic drug (as
defined in section 4731(a) of the Internal Revenue Code of 1954);
or
"(4) who has been adjudicated as a mental defective or who has
been committed to any mental institution;
to receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce."
Subsec. (n). Pub. L. 99-308, Sec. 102(8), added subsec. (n).
Subsec. (o). Pub. L. 99-308, Sec. 102(9), added subsec. (o).
1982 - Subsec. (b)(5). Pub. L. 97-377 inserted "except .22
caliber rimfire ammunition" after "or ammunition".
1968 - Subsec. (a)(1). Pub. L. 90-618 reenacted par. (1) without
change.
Subsec. (a)(2). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees subject to the provisions of this
chapter, struck out exemption for the shipment or transportation in
interstate or foreign commerce for rifles or shotguns, and inserted
exemption authorizing an individual to mail a lawfully owned
firearm to the specified licensees for the sole purpose of repair
or customizing.
Subsec. (a)(3). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees, struck out exemption for shotguns or
rifles purchased or otherwise obtained outside the state of
residence of the recipient, struck out provision making it unlawful
for any person to purchase or otherwise obtain outside his state of
residence any firearm which it would be unlawful for him to
purchase or possess in that state, and provided for exemptions when
any person outside of his state of residence acquires a firearm by
bequest or interstate succession and transports the firearm or
otherwise receives it in his state of residence, if it is lawful
for such person to purchase or possess such firearm in his state of
residence, when a rifle or shotgun is obtained in conformity with
the provisions of subsec. (b)(3) of this section, and when any
firearm has been acquired in any state prior to the effective date
of this chapter.
Subsec. (a)(4). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees, and provided that the transporting of
the specified articles be authorized by the Secretary when
consistent with public safety and necessity.
Subsec. (a)(5). Pub. L. 90-618 added licensed collectors to the
enumerated list of exempted licensees, prohibited the transfer,
etc., of any firearm when the transferor has reasonable cause to
believe that the transferee resides in a State other than that in
which the transferor resides, and substituted provisions which
exempted the transfer, transportation, or delivery of firearms
incident to a bequest or intestate succession and the loan or
rental of firearms to any person for temporary use for lawful
sporting purposes for provisions which exempted the transfer of
shotguns or rifles and prohibited the transfer, etc., of any
firearm which the transferee could not lawfully purchase or possess
in accord with the applicable laws, regulations or ordinances of
the state or political subdivision in which the transferee resides.
Subsec. (a)(6). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees, and extended the provisions to
include the acquisition or attempted acquisition of ammunition.
Subsec. (b). Pub. L. 90-618, in provision preceding par. (1),
added licensed collectors to the enumerated list of licensees.
Subsec. (b)(1). Pub. L. 90-618 substituted provisions making it
unlawful to sell or deliver any firearm or ammunition to any
individual who the licensee knows or has reasonable cause to
believe is less than 18, and to sell or deliver any firearm, other
than a rifle or shotgun, or ammunition, other than ammunition for a
rifle or shotgun, to any individual who the licensee knows or has
reasonable cause to believe is less than 21, for provisions making
it unlawful to sell or deliver any firearm to any individual who
the licensee knows or has reasonable cause to believe is less than
21, if the firearm is other than a shotgun or rifle.
Subsec. (b)(2). Pub. L. 90-618 extended the prohibition to
include the sale or delivery of ammunition to any person where the
purchase or possession by such person of such ammunition would be
unlawful, and struck out "or in the locality in which such person
resides" after "or other disposition,".
Subsec. (b)(3). Pub. L. 90-618 inserted the exemptions to the
prohibition against the sale or delivery of any firearm to any
person who the licensee knows or has reasonable cause to believe
does not reside in the state in which the licensee's place of
business is located.
Subsec. (b)(4). Pub. L. 90-618 substituted provisions making it
unlawful to sell or deliver any of the specified articles, except
as specifically authorized by the Secretary as consistent with
public safety and necessity, for provisions making it unlawful to
sell or deliver any of the specified articles, unless the
transferor has obtained a sworn statement executed by the principal
law enforcement officer of the locality in which the transferee
resides stating that such person's receipt or possession would not
be unlawful, and that the receipt or possession is intended for
lawful purposes, with such sworn statement to be retained by the
licensee as part of the records required to be kept under this
chapter.
Subsec. (b)(5). Pub. L. 90-618 extended the prohibition to
include the sale or delivery of ammunition and, in the material
following subsec. (b)(5), added licensed collectors to the
enumerated list of licensees, and the provision that subsec. (b)(4)
shall not apply to a sale or delivery to any research organization
designated by the Secretary.
Subsecs. (c), (d). Pub. L. 90-618 added subsec. (c), redesignated
former subsec. (c) as (d), added licensed collectors to the
enumerated list of licensees, extended the prohibition against
disposal of firearms or ammunition to include the disposal by any
person who is an unlawful user of or addicted to marihuana or any
depressant, stimulant, or narcotic drug, or any person who has been
adjudicated a mental defective or has been committed to any mental
institution, and inserted "or ammunition" after "the sale or
disposition of a firearm". Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 90-618 added subsec. (e). Former subsec. (e)
redesignated (g).
Subsec. (f). Pub. L. 90-618 redesignated former subsec. (d) as
(f) and extended the prohibition against transportation or delivery
to include ammunition. Former subsec. (f) redesignated (h).
Subsec. (g). Pub. L. 90-618 redesignated former subsec. (e) as
(g) and extended the prohibition against the shipment or
transportation of firearms or ammunition to include the shipment or
transportation by any persons who is an unlawful user of or
addicted to marihuana or any depressant, stimulant, or narcotic
drug, or any person who has been adjudicated a mental defective or
has been committed to a mental institution. Former subsec. (g)
redesignated (i).
Subsec. (h). Pub. L. 90-618 redesignated former subsec. (f) as
(h) and extended the prohibition against the receipt of any
firearms or ammunition to include the receipt by any person who is
an unlawful user of or addicted to marihuana or any depressant,
stimulant, or narcotic drug, or any person who has been adjudicated
a mental defective or has been committed to any mental institution.
Former subsec. (h) redesignated (j).
Subsec. (i). Pub. L. 90-618 redesignated former subsec. (g) as
(i) and substituted "that the firearm or ammunition was" for "the
same to have been". Former subsec. (i) redesignated (k).
Subsec. (j). Pub. L. 90-618 redesignated former subsec. (h) as
(j) and substituted "which is moving as, which is a part of," for
"moving as or which is a part of" and "that the firearm or
ammunition was" for "the same to have been". Former subsec. (j)
redesignated (l).
Subsec. (k). Pub. L. 90-618 redesignated former subsec. (i) as
(k). Former subsec. (k) redesignated (m).
Subsec. (l). Pub. L. 90-618 redesignated former subsec. (j) as
(l).
Subsec. (m). Pub. L. 90-618 redesignated former subsec. (k) as
(m) and added licensed collectors to the enumerated list of
licensees.

-CHANGE-
CHANGE OF NAME
Reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as
the head of the intelligence community deemed to be a reference to
the Director of National Intelligence. Reference to the Director of
Central Intelligence or the Director of the Central Intelligence
Agency in the Director's capacity as the head of the Central
Intelligence Agency deemed to be a reference to the Director of the
Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
108-458, set out as a note under section 401 of Title 50, War and
National Defense.
Post Office Department, referred to in subsec. (c)(2),
redesignated United States Postal Service pursuant to Pub. L. 91-
375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 733, set out as a note
preceding section 101 of Title 39, Postal Service.


-MISC3-
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-92, Sec. 5(d), Oct. 26, 2005, 119 Stat. 2101,
provided that: "This section [amending this section and section 924
of this title and enacting provisions set out as notes under this
section and section 921 of this title] and the amendments made by
this section shall take effect 180 days after the date of enactment
of this Act [Oct. 26, 2005]."

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1996 AMENDMENT
Section 603(c)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if the amendment had been included in section 320927 of
the Act referred to in paragraph (1) [Pub. L. 103-322] on the date
of the enactment of such Act [Sept. 13, 1994]."
Section 603(f)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if the amendment had been included in section 110201 of
the Act referred to in paragraph (1) [Pub. L. 103-322] on the date
of the enactment of such Act [Sept. 13, 1994]."
Section 603(i)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending section 210603(b) of Pub.
L. 103-322, which amended sections 103(k) and 106(b)(2) of Pub. L.
103-159, set out as notes below] shall take effect as if the
amendment had been included in section 210603(b) of the Act
referred to in paragraph (1) [Pub. L. 103-322] on the date of the
enactment of such Act [Sept. 13, 1994]."

EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT
Amendment by sections 110102(a), 110103(a), and 110106 of Pub. L.
103-322 repealed 10 years after Sept. 13, 1994, see section
110105(2) of Pub. L. 103-322, formerly set out as a note under
section 921 of this title.
Section 330011(i) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section
3524 of Pub. L. 101-647 took effect.

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 1702(b)(1) of Pub. L. 101-647 applicable to
conduct engaged in after the end of the 60-day period beginning on
Nov. 29, 1990, see section 1702(b)(4) of Pub. L. 101-647, set out
as a note under section 921 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET PROVISION
Pub. L. 100-649, Sec. 2(f), Nov. 10, 1988, 102 Stat. 3818, as
amended by Pub. L. 101-647, title XXXV, Sec. 3526(b), Nov. 29,
1990, 104 Stat. 4924; Pub. L. 105-277, div. A, Sec. 101(h) [title
VI, Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528; Pub. L.
108-174, Sec. 1, Dec. 9, 2003, 117 Stat. 2481, provided that:
"(1) Effective date. - This Act and the amendments made by this
Act [amending this section and sections 924 and 925 of this title
and enacting provisions set out as notes under this section,
section 921 of this title, and section 1356 of former Title 49,
Transportation] shall take effect on the 30th day beginning after
the date of the enactment of this Act [Nov. 10, 1988].
"(2) Sunset. - Effective 25 years after the effective date of
this Act -
"(A) subsection (p) of section 922 of title 18, United States
Code, is hereby repealed;
"(B) subsection (f) of section 924 of such title is hereby
repealed and subsections (g) through (o) of such section are
hereby redesignated as subsections (f) through (n), respectively;
"(C) subsection (f) of section 925 of such title is hereby
repealed;
"(D) section 924(a)(1) of such title is amended by striking
'this subsection, subsection (b), (c), or (f) of this section, or
in section 929' and inserting 'this chapter'; and
"(E) section 925(a) of such title is amended -
"(i) in paragraph (1), by striking 'and provisions relating
to firearms subject to the prohibitions of section 922(p)'; and
"(ii) in paragraph (2), by striking ', except for provisions
relating to firearms subject to the prohibitions of section
922(p),'; and
"(iii) in each of paragraphs (3) and (4), by striking 'except
for provisions relating to firearms subject to the prohibitions
of section 922(p),'."

EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 102(1)-(8) of Pub. L. 99-308 effective 180
days after May 19, 1986, and amendment by section 102(9) of Pub. L.
99-308 effective May 19, 1986, see section 110(a), (c) of Pub. L.
99-308, set out as a note under section 921 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, except
subsec. (l) effective Oct. 22, 1968, see section 105 of Pub. L. 90-
618, set out as a note under section 921 of this title.

PURPOSES
Pub. L. 109-92, Sec. 5(b), Oct. 26, 2005, 119 Stat. 2099,
provided that: "The purposes of this section [amending this section
and section 924 of this title and enacting provisions set out as
notes under this section and section 921 of this title] are -
"(1) to promote the safe storage and use of handguns by
consumers;
"(2) to prevent unauthorized persons from gaining access to or
use of a handgun, including children who may not be in possession
of a handgun; and
"(3) to avoid hindering industry from supplying firearms to law
abiding citizens for all lawful purposes, including hunting, self-
defense, collecting, and competitive or recreational shooting."
[For definition of "person" as used in section 5(b) of Pub. L.
109-92, set out above, see section 7903 of Title 15, Commerce and
Trade.]

LIABILITY; EVIDENCE
Pub. L. 109-92, Sec. 5(c)(3), Oct. 26, 2005, 119 Stat. 2101,
provided that:
"(A) Liability. - Nothing in this section [amending this section
and section 924 of this title and enacting provisions set out as
notes under this section and section 921 of this title] shall be
construed to -
"(i) create a cause of action against any Federal firearms
licensee or any other person for any civil liability; or
"(ii) establish any standard of care.
"(B) Evidence. - Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the amendments
made by this section shall not be admissible as evidence in any
proceeding of any court, agency, board, or other entity, except
with respect to an action relating to section 922(z) of title 18,
United States Code, as added by this subsection.
"(C) Rule of construction. - Nothing in this paragraph shall be
construed to bar a governmental action to impose a penalty under
section 924(p) of title 18, United States Code, for a failure to
comply with section 922(z) of that title."
[For definition of "person" as used in section 5(c)(3) of Pub. L.
109-92, set out above, see section 7903 of Title 15, Commerce and
Trade.]

CRIMINAL BACKGROUND CHECKS FOR PERSONS OFFERING FIREARM AS
COLLATERAL
Pub. L. 112-55, div. B, title V, Sec. 511, Nov. 18, 2011, 125
Stat. 632, provided that: "Hereafter, none of the funds
appropriated pursuant to this Act [div. B of Pub. L. 112-55, see
Tables for classification] or any other provision of law may be
used for -
"(1) the implementation of any tax or fee in connection with
the implementation of subsection [sic] 922(t) of title 18, United
States Code; and
"(2) any system to implement subsection [sic] 922(t) of title
18, United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be prohibited
from possessing or receiving a firearm no more than 24 hours
after the system advises a Federal firearms licensee that
possession or receipt of a firearm by the prospective transferee
would not violate subsection (g) or (n) of section 922 of title
18, United States Code, or State law."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 106-58, title VI, Sec. 634, Sept. 29, 1999, 113 Stat.
473.
Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 655], Oct.
21, 1998, 112 Stat. 2681-480, 2681-530.

AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND
ACTIVITIES AUTHORIZED BY BRADY HANDGUN VIOLENCE PREVENTION ACT AND
NATIONAL CHILD PROTECTION ACT OF 1993
Pub. L. 103-322, title XXI, Sec. 210603(a), Sept. 13, 1994, 108
Stat. 2074, which provided that certain amounts authorized in
sections 103(k) and 106(b)(2) of Pub. L. 103-159, set out below,
and section 5119b(b) of Title 42, The Public Health and Welfare,
may be appropriated from the Violent Crime Reduction Trust Fund,
was repealed by Pub. L. 109-162, title XI, Sec. 1154(b)(4), Jan. 5,
2006, 119 Stat. 3113.

NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
Pub. L. 110-180, Jan. 8, 2008, 121 Stat. 2559, provided that:

"SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
"(a) Short Tile [sic]. - This Act may be cited as the 'NICS
Improvement Amendments Act of 2007'.
"(b) Table of Contents. - [Omitted.]

"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) Approximately 916,000 individuals were prohibited from
purchasing a firearm for failing a background check between
November 30, 1998, (the date the National Instant Criminal
Background Check System (NICS) began operating) and December 31,
2004.
"(2) From November 30, 1998, through December 31, 2004, nearly
49,000,000 Brady background checks were processed through NICS.
"(3) Although most Brady background checks are processed
through NICS in seconds, many background checks are delayed if
the Federal Bureau of Investigation (FBI) does not have automated
access to complete information from the States concerning persons
prohibited from possessing or receiving a firearm under Federal
or State law.
"(4) Nearly 21,000,000 criminal records are not accessible by
NICS and millions of criminal records are missing critical data,
such as arrest dispositions, due to data backlogs.
"(5) The primary cause of delay in NICS background checks is
the lack of -
"(A) updates and available State criminal disposition
records; and
"(B) automated access to information concerning persons
prohibited from possessing or receiving a firearm because of
mental illness, restraining orders, or misdemeanor convictions
for domestic violence.
"(6) Automated access to this information can be improved by -
"(A) computerizing information relating to criminal history,
criminal dispositions, mental illness, restraining orders, and
misdemeanor convictions for domestic violence; or
"(B) making such information available to NICS in a usable
format.
"(7) Helping States to automate these records will reduce
delays for law-abiding gun purchasers.
"(8) On March 12, 2002, the senseless shooting, which took the
lives of a priest and a parishioner at the Our Lady of Peace
Church in Lynbrook, New York, brought attention to the need to
improve information-sharing that would enable Federal and State
law enforcement agencies to conduct a complete background check
on a potential firearm purchaser. The man who committed this
double murder had a prior disqualifying mental health commitment
and a restraining order against him, but passed a Brady
background check because NICS did not have the necessary
information to determine that he was ineligible to purchase a
firearm under Federal or State law.
"(9) On April 16, 2007, a student with a history of mental
illness at the Virginia Polytechnic Institute and State
University shot to death 32 students and faculty members, wounded
17 more, and then took his own life. The shooting, the deadliest
campus shooting in United States history, renewed the need to
improve information-sharing that would enable Federal and State
law enforcement agencies to conduct complete background checks on
potential firearms purchasers. In spite of a proven history of
mental illness, the shooter was able to purchase the two firearms
used in the shooting. Improved coordination between State and
Federal authorities could have ensured that the shooter's
disqualifying mental health information was available to NICS.

"SEC. 3. DEFINITIONS.
"As used in this Act, the following definitions shall apply:
"(1) Court order. - The term 'court order' includes a court
order (as described in section 922(g)(8) of title 18, United
States Code).
"(2) Mental health terms. - The terms 'adjudicated as a mental
defective' and 'committed to a mental institution' have the same
meanings as in section 922(g)(4) of title 18, United States Code.
"(3) Misdemeanor crime of domestic violence. - The term
'misdemeanor crime of domestic violence' has the meaning given
the term in section 921(a)(33) of title 18, United States Code.

"TITLE I - TRANSMITTAL OF RECORDS

"SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS
AND AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
"(a) In General. - [Amended section 103 of Pub. L. 103-159, set
out below.]
"(b) Provision and Maintenance of NICS Records. -
"(1) Department of homeland security. - The Secretary of
Homeland Security shall make available to the Attorney General -
"(A) records, updated not less than quarterly, which are
relevant to a determination of whether a person is disqualified
from possessing or receiving a firearm under subsection (g) or
(n) of section 922 of title 18, United States Code, for use in
background checks performed by the National Instant Criminal
Background Check System; and
"(B) information regarding all the persons described in
subparagraph (A) of this paragraph who have changed their
status to a category not identified under section 922(g)(5) of
title 18, United States Code, for removal, when applicable,
from the National Instant Criminal Background Check System.
"(2) Department of justice. - The Attorney General shall -
"(A) ensure that any information submitted to, or maintained
by, the Attorney General under this section is kept accurate
and confidential, as required by the laws, regulations,
policies, or procedures governing the applicable record system;
"(B) provide for the timely removal and destruction of
obsolete and erroneous names and information from the National
Instant Criminal Background Check System; and
"(C) work with States to encourage the development of
computer systems, which would permit electronic notification to
the Attorney General when -
"(i) a court order has been issued, lifted, or otherwise
removed by order of the court; or
"(ii) a person has been adjudicated as a mental defective
or committed to a mental institution.
"(c) Standard for Adjudications and Commitments Related to Mental
Health. -
"(1) In general. - No department or agency of the Federal
Government may provide to the Attorney General any record of an
adjudication related to the mental health of a person or any
commitment of a person to a mental institution if -
"(A) the adjudication or commitment, respectively, has been
set aside or expunged, or the person has otherwise been fully
released or discharged from all mandatory treatment,
supervision, or monitoring;
"(B) the person has been found by a court, board, commission,
or other lawful authority to no longer suffer from the mental
health condition that was the basis of the adjudication or
commitment, respectively, or has otherwise been found to be
rehabilitated through any procedure available under law; or
"(C) the adjudication or commitment, respectively, is based
solely on a medical finding of disability, without an
opportunity for a hearing by a court, board, commission, or
other lawful authority, and the person has not been adjudicated
as a mental defective consistent with section 922(g)(4) of
title 18, United States Code, except that nothing in this
section or any other provision of law shall prevent a Federal
department or agency from providing to the Attorney General any
record demonstrating that a person was adjudicated to be not
guilty by reason of insanity, or based on lack of mental
responsibility, or found incompetent to stand trial, in any
criminal case or under the Uniform Code of Military Justice.
"(2) Treatment of certain adjudications and commitments. -
"(A) Program for relief from disabilities. -
"(i) In general. - Each department or agency of the United
States that makes any adjudication related to the mental
health of a person or imposes any commitment to a mental
institution, as described in subsection (d)(4) and (g)(4) of
section 922 of title 18, United States Code, shall establish,
not later than 120 days after the date of enactment of this
Act [Jan. 8, 2008], a program that permits such a person to
apply for relief from the disabilities imposed by such
subsections.
"(ii) Process. - Each application for relief submitted
under the program required by this subparagraph shall be
processed not later than 365 days after the receipt of the
application. If a Federal department or agency fails to
resolve an application for relief within 365 days for any
reason, including a lack of appropriated funds, the
department or agency shall be deemed for all purposes to have
denied such request for relief without cause. Judicial review
of any petitions brought under this clause shall be de novo.
"(iii) Judicial review. - Relief and judicial review with
respect to the program required by this subparagraph shall be
available according to the standards prescribed in section
925(c) of title 18, United States Code. If the denial of a
petition for relief has been reversed after such judicial
review, the court shall award the prevailing party, other
than the United States, a reasonable attorney's fee for any
and all proceedings in relation to attaining such relief, and
the United States shall be liable for such fee. Such fee
shall be based upon the prevailing rates awarded to public
interest legal aid organizations in the relevant community.
"(B) Relief from disabilities. - In the case of an
adjudication related to the mental health of a person or a
commitment of a person to a mental institution, a record of
which may not be provided to the Attorney General under
paragraph (1), including because of the absence of a finding
described in subparagraph (C) of such paragraph, or from which
a person has been granted relief under a program established
under subparagraph (A) or (B), or because of a removal of a
record under section 103(e)(1)(D) of the Brady Handgun Violence
Prevention Act [Pub. L. 103-159, set out below], the
adjudication or commitment, respectively, shall be deemed not
to have occurred for purposes of subsections (d)(4) and (g)(4)
of section 922 of title 18, United States Code. Any Federal
agency that grants a person relief from disabilities under this
subparagraph shall notify such person that the person is no
longer prohibited under 922(d)(4) or 922(g)(4) of title 18,
United States Code, on account of the relieved disability for
which relief was granted pursuant to a proceeding conducted
under this subparagraph, with respect to the acquisition,
receipt, transfer, shipment, transportation, or possession of
firearms.
"(3) Notice requirement. - Effective 30 days after the date of
enactment of this Act, any Federal department or agency that
conducts proceedings to adjudicate a person as a mental defective
under 922(d)(4) or 922(g)(4) of title 18, United States Code,
shall provide both oral and written notice to the individual at
the commencement of the adjudication process including -
"(A) notice that should the agency adjudicate the person as a
mental defective, or should the person be committed to a mental
institution, such adjudication, when final, or such commitment,
will prohibit the individual from purchasing, possessing,
receiving, shipping or transporting a firearm or ammunition
under section 922(d)(4) or section 922(g)(4) of title 18,
United States Code;
"(B) information about the penalties imposed for unlawful
possession, receipt, shipment or transportation of a firearm
under section 924(a)(2) of title 18, United States Code; and
"(C) information about the availability of relief from the
disabilities imposed by Federal laws with respect to the
acquisition, receipt, transfer, shipment, transportation, or
possession of firearms.
"(4) Effective date. - Except for paragraph (3), this
subsection shall apply to names and other information provided
before, on, or after the date of enactment of this Act. Any name
or information provided in violation of this subsection (other
than in violation of paragraph (3)) before, on, or after such
date shall be removed from the National Instant Criminal
Background Check System.

"SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.
"(a) In General. - Beginning 3 years after the date of the
enactment of this Act [Jan. 8, 2008], a State shall be eligible to
receive a waiver of the 10 percent matching requirement for
National Criminal History Improvement Grants under the Crime
Identification Technology Act of 1988 [1998] (42 U.S.C. 14601 [et
seq.]) if the State provides at least 90 percent of the information
described in subsection (c). The length of such a waiver shall not
exceed 2 years.
"(b) State Estimates. -
"(1) Initial state estimate. -
"(A) In general. - To assist the Attorney General in making a
determination under subsection (a) of this section, and under
section 104, concerning the compliance of the States in
providing information to the Attorney General for the purpose
of receiving a waiver under subsection (a) of this section, or
facing a loss of funds under section 104, by a date not later
than 180 days after the date of the enactment of this Act [Jan.
8, 2008], each State shall provide the Attorney General with a
reasonable estimate, as calculated by a method determined by
the Attorney General and in accordance with section 104(d), of
the number of the records described in subparagraph (C)
applicable to such State that concern persons who are
prohibited from possessing or receiving a firearm under
subsection (g) or (n) of section 922 of title 18, United States
Code.
"(B) Failure to provide initial estimate. - A State that
fails to provide an estimate described in subparagraph (A) by
the date required under such subparagraph shall be ineligible
to receive any funds under section 103, until such date as it
provides such estimate to the Attorney General.
"(C) Record defined. - For purposes of subparagraph (A), a
record is the following:
"(i) A record that identifies a person who has been
convicted in any court of a crime punishable by imprisonment
for a term exceeding 1 year.
"(ii) A record that identifies a person for whom an
indictment has been returned for a crime punishable by
imprisonment for a term exceeding 1 year that is valid under
the laws of the State involved or who is a fugitive from
justice, as of the date of the estimate, and for which a
record of final disposition is not available.
"(iii) A record that identifies a person who is an unlawful
user of, or addicted to a controlled substance (as such terms
'unlawful user' and 'addicted' are respectively defined in
regulations implementing section 922(g)(3) of title 18,
United States Code, as in effect on the date of the enactment
of this Act) as demonstrated by arrests, convictions, and
adjudications, and whose record is not protected from
disclosure to the Attorney General under any provision of
State or Federal law.
"(iv) A record that identifies a person who has been
adjudicated as a mental defective or committed to a mental
institution, consistent with section 922(g)(4) of title 18,
United States Code, and whose record is not protected from
disclosure to the Attorney General under any provision of
State or Federal law.
"(v) A record that is electronically available and that
identifies a person who, as of the date of such estimate, is
subject to a court order described in section 922(g)(8) of
title 18, United States Code.
"(vi) A record that is electronically available and that
identifies a person convicted in any court of a misdemeanor
crime of domestic violence, as defined in section 921(a)(33)
of title 18, United States Code.
"(2) Scope. - The Attorney General, in determining the
compliance of a State under this section or section 104 for the
purpose of granting a waiver or imposing a loss of Federal funds,
shall assess the total percentage of records provided by the
State concerning any event occurring within the prior 20 years,
which would disqualify a person from possessing a firearm under
subsection (g) or (n) of section 922 of title 18, United States
Code.
"(3) Clarification. - Notwithstanding paragraph (2), States
shall endeavor to provide the National Instant Criminal
Background Check System with all records concerning persons who
are prohibited from possessing or receiving a firearm under
subsection (g) or (n) of section 922 of title 18, United States
Code, regardless of the elapsed time since the disqualifying
event.
"(c) Eligibility of State Records for Submission to the National
Instant Criminal Background Check System. -
"(1) Requirements for eligibility. -
"(A) In general. - From the information collected by a State,
the State shall make electronically available to the Attorney
General records relevant to a determination of whether a person
is disqualified from possessing or receiving a firearm under
subsection (g) or (n) of section 922 of title 18, United States
Code, or applicable State law.
"(B) NICS updates. - The State, on being made aware that the
basis under which a record was made available under
subparagraph (A) does not apply, or no longer applies, shall,
as soon as practicable -
"(i) update, correct, modify, or remove the record from any
database that the Federal or State government maintains and
makes available to the National Instant Criminal Background
Check System, consistent with the rules pertaining to that
database; and
"(ii) notify the Attorney General that such basis no longer
applies so that the record system in which the record is
maintained is kept up to date.
The Attorney General upon receiving notice pursuant to clause
(ii) shall ensure that the record in the National Instant
Criminal Background Check System is updated, corrected, modified,
or removed within 30 days of receipt.
"(C) Certification. - To remain eligible for a waiver under
subsection (a), a State shall certify to the Attorney General,
not less than once during each 2-year period, that at least 90
percent of all records described in subparagraph (A) has been
made electronically available to the Attorney General in
accordance with subparagraph (A).
"(D) Inclusion of all records. - For purposes of this
paragraph, a State shall identify and include all of the
records described under subparagraph (A) without regard to the
age of the record.
"(2) Application to persons convicted of misdemeanor crimes of
domestic violence. - The State shall make available to the
Attorney General, for use by the National Instant Criminal
Background Check System, records relevant to a determination of
whether a person has been convicted in any court of a misdemeanor
crime of domestic violence. With respect to records relating to
such crimes, the State shall provide information specifically
describing the offense and the specific section or subsection of
the offense for which the defendant has been convicted and the
relationship of the defendant to the victim in each case.
"(3) Application to persons who have been adjudicated as a
mental defective or committed to a mental institution. - The
State shall make available to the Attorney General, for use by
the National Instant Criminal Background Check System, the name
and other relevant identifying information of persons adjudicated
as a mental defective or those committed to mental institutions
to assist the Attorney General in enforcing section 922(g)(4) of
title 18, United States Code.
"(d) Privacy Protections. - For any information provided to the
Attorney General for use by the National Instant Criminal
Background Check System, relating to persons prohibited from
possessing or receiving a firearm under section 922(g)(4) of title
18, United States Code, the Attorney General shall work with States
and local law enforcement and the mental health community to
establish regulations and protocols for protecting the privacy of
information provided to the system. The Attorney General shall make
every effort to meet with any mental health group seeking to
express its views concerning these regulations and protocols and
shall seek to develop regulations as expeditiously as practicable.
"(e) Attorney General Report. - Not later than January 31 of each
year, the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives a report on the progress of States in
automating the databases containing the information described in
subsection (b) and in making that information electronically
available to the Attorney General pursuant to the requirements of
subsection (c).

"SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES.
"(a) Authorization. -
"(1) In general. - From amounts made available to carry out
this section and subject to section 102(b)(1)(B), the Attorney
General shall make grants to States and Indian tribal
governments, in a manner consistent with the National Criminal
History Improvement Program, which shall be used by the States
and Indian tribal governments, in conjunction with units of local
government and State and local courts, to establish or upgrade
information and identification technologies for firearms
eligibility determinations. Not less than 3 percent, and no more
than 10 percent of each grant under this paragraph shall be used
to maintain the relief from disabilities program in accordance
with section 105.
"(2) Grants to indian tribes. - Up to 5 percent of the grant
funding available under this section may be reserved for Indian
tribal governments, including tribal judicial systems.
"(b) Use of Grant Amounts. - Grants awarded to States or Indian
tribes under this section may only be used to -
"(1) create electronic systems, which provide accurate and up-
to-date information which is directly related to checks under
the National Instant Criminal Background Check System (referred
to in this section as 'NICS'), including court disposition and
corrections records;
"(2) assist States in establishing or enhancing their own
capacities to perform NICS background checks;
"(3) supply accurate and timely information to the Attorney
General concerning final dispositions of criminal records to
databases accessed by NICS;
"(4) supply accurate and timely information to the Attorney
General concerning the identity of persons who are prohibited
from obtaining a firearm under section 922(g)(4) of title 18,
United States Code, to be used by the Federal Bureau of
Investigation solely to conduct NICS background checks;
"(5) supply accurate and timely court orders and records of
misdemeanor crimes of domestic violence for inclusion in Federal
and State law enforcement databases used to conduct NICS
background checks;
"(6) collect and analyze data needed to demonstrate levels of
State compliance with this Act; and
"(7) maintain the relief from disabilities program in
accordance with section 105, but not less than 3 percent, and no
more than 10 percent of each grant shall be used for this
purpose.
"(c) Eligibility. - To be eligible for a grant under this
section, a State shall certify, to the satisfaction of the Attorney
General, that the State has implemented a relief from disabilities
program in accordance with section 105.
"(d) Condition. - As a condition of receiving a grant under this
section, a State shall specify the projects for which grant amounts
will be used, and shall use such amounts only as specified. A State
that violates this subsection shall be liable to the Attorney
General for the full amount of the grant received under this
section.
"(e) Authorization of Appropriations. -
"(1) In general. - There are authorized to be appropriated to
carry out this section $125,000,000 for fiscal year 2009,
$250,000,000 for fiscal year 2010, $250,000,000 for fiscal year
2011, $125,000,000 for fiscal year 2012, and $125,000,000 for
fiscal year 2013.
"(2) Allocations. - For fiscal years 2009 and 2010, the
Attorney General shall endeavor to allocate at least 1/2 of the
authorized appropriations to those States providing more than 50
percent of the records required to be provided under sections 102
and 103. For fiscal years 2011, 2012, and 2013, the Attorney
General shall endeavor to allocate at least 1/2 of the
authorized appropriations to those States providing more than 70
percent of the records required to be provided under section 102
and 103. The allocations in this paragraph shall be subject to
the discretion of the Attorney General, who shall have the
authority to make adjustments to the distribution of the
authorized appropriations as necessary to maximize incentives for
State compliance.
"(f) User Fee. - The Federal Bureau of Investigation shall not
charge a user fee for background checks pursuant to section 922(t)
of title 18, United States Code.

"SEC. 104. PENALTIES FOR NONCOMPLIANCE.
"(a) Attorney General Report. -
"(1) In general. - Not later than January 31 of each year, the
Attorney General shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of
Representatives a report on the progress of the States in
automating the databases containing information described under
sections 102 and 103, and in providing that information pursuant
to the requirements of sections 102 and 103.
"(2) Authorization of appropriations. - There are authorized to
be appropriated to the Department of Justice, such funds as may
be necessary to carry out paragraph (1).
"(b) Penalties. -
"(1) Discretionary reduction. -
"(A) During the 2-year period beginning 3 years after the
date of enactment of this Act [Jan. 8, 2008], the Attorney
General may withhold not more than 3 percent of the amount that
would otherwise be allocated to a State under section 505 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) if the State provides less than 50 percent of the
records required to be provided under sections 102 and 103.
"(B) During the 5-year period after the expiration of the
period referred to in subparagraph (A), the Attorney General
may withhold not more than 4 percent of the amount that would
otherwise be allocated to a State under section 505 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3755) if the State provides less than 70 percent of the records
required to be provided under sections 102 and 103.
"(2) Mandatory reduction. - After the expiration of the periods
referred to in paragraph (1), the Attorney General shall withhold
5 percent of the amount that would otherwise be allocated to a
State under section 505 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3755), if the State provides less
than 90 percent of the records required to be provided under
sections 102 and 103.
"(3) Waiver by attorney general. - The Attorney General may
waive the applicability of paragraph (2) to a State if the State
provides substantial evidence, as determined by the Attorney
General, that the State is making a reasonable effort to comply
with the requirements of sections 102 and 103, including an
inability to comply due to court order or other legal
restriction.
"(c) Reallocation. - Any funds that are not allocated to a State
because of the failure of the State to comply with the requirements
of this Act shall be reallocated to States that meet such
requirements.
"(d) Methodology. - The method established to calculate the
number of records to be reported, as set forth in section
102(b)(1)(A), and State compliance with the required level of
reporting under sections 102 and 103 shall be determined by the
Attorney General. The Attorney General shall calculate the
methodology based on the total number of records to be reported
from all subcategories of records, as described in section
102(b)(1)(C).

"SEC. 105. RELIEF FROM DISABILITIES PROGRAM REQUIRED AS CONDITION
FOR PARTICIPATION IN GRANT PROGRAMS.
"(a) Program Described. - A relief from disabilities program is
implemented by a State in accordance with this section if the
program -
"(1) permits a person who, pursuant to State law, has been
adjudicated as described in subsection (g)(4) of section 922 of
title 18, United States Code, or has been committed to a mental
institution, to apply to the State for relief from the
disabilities imposed by subsections (d)(4) and (g)(4) of such
section by reason of the adjudication or commitment;
"(2) provides that a State court, board, commission, or other
lawful authority shall grant the relief, pursuant to State law
and in accordance with the principles of due process, if the
circumstances regarding the disabilities referred to in paragraph
(1), and the person's record and reputation, are such that the
person will not be likely to act in a manner dangerous to public
safety and that the granting of the relief would not be contrary
to the public interest; and
"(3) permits a person whose application for the relief is
denied to file a petition with the State court of appropriate
jurisdiction for a de novo judicial review of the denial.
"(b) Authority To Provide Relief From Certain Disabilities With
Respect to Firearms. - If, under a State relief from disabilities
program implemented in accordance with this section, an application
for relief referred to in subsection (a)(1) of this section is
granted with respect to an adjudication or a commitment to a mental
institution or based upon a removal of a record under section
102(c)(1)(B), the adjudication or commitment, as the case may be,
is deemed not to have occurred for purposes of subsections (d)(4)
and (g)(4) of section 922 of title 18, United States Code.

"SEC. 106. ILLEGAL IMMIGRANT GUN PURCHASE NOTIFICATION.
"(a) In General. - Notwithstanding any other provision of law or
of this Act, all records obtained by the National Instant Criminal
Background Check system relevant to whether an individual is
prohibited from possessing a firearm because such person is an
alien illegally or unlawfully in the United States shall be made
available to U.S. Immigration and Customs Enforcement.
"(b) Regulations. - The Attorney General, at his or her
discretion, shall promulgate guidelines relevant to what records
relevant to illegal aliens shall be provided pursuant to the
provisions of this Act.

"TITLE II - FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF
RELEVANT RECORDS

"SEC. 201. CONTINUING EVALUATIONS.
"(a) Evaluation Required. - The Director of the Bureau of Justice
Statistics (referred to in this section as the 'Director') shall
study and evaluate the operations of the National Instant Criminal
Background Check System. Such study and evaluation shall include
compilations and analyses of the operations and record systems of
the agencies and organizations necessary to support such System.
"(b) Report on Grants. - Not later than January 31 of each year,
the Director shall submit to Congress a report containing the
estimates submitted by the States under section 102(b).
"(c) Report on Best Practices. - Not later than January 31 of
each year, the Director shall submit to Congress, and to each State
participating in the National Criminal History Improvement Program,
a report of the practices of the States regarding the collection,
maintenance, automation, and transmittal of information relevant to
determining whether a person is prohibited from possessing or
receiving a firearm by Federal or State law, by the State or any
other agency, or any other records relevant to the National Instant
Criminal Background Check System, that the Director considers to be
best practices.
"(d) Authorization of Appropriations. - There are authorized to
be appropriated such sums as may be necessary for each of the
fiscal years 2009 through 2013 to complete the studies,
evaluations, and reports required under this section.

"TITLE III - GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN
AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS

"SEC. 301. DISPOSITION RECORDS AUTOMATION AND TRANSMITTAL
IMPROVEMENT GRANTS.
"(a) Grants Authorized. - From amounts made available to carry
out this section, the Attorney General shall make grants to each
State, consistent with State plans for the integration, automation,
and accessibility of criminal history records, for use by the State
court system to improve the automation and transmittal of criminal
history dispositions, records relevant to determining whether a
person has been convicted of a misdemeanor crime of domestic
violence, court orders, and mental health adjudications or
commitments, to Federal and State record repositories in accordance
with sections 102 and 103 and the National Criminal History
Improvement Program.
"(b) Grants to Indian Tribes. - Up to 5 percent of the grant
funding available under this section may be reserved for Indian
tribal governments for use by Indian tribal judicial systems.
"(c) Use of Funds. - Amounts granted under this section shall be
used by the State court system only -
"(1) to carry out, as necessary, assessments of the
capabilities of the courts of the State for the automation and
transmission of arrest and conviction records, court orders, and
mental health adjudications or commitments to Federal and State
record repositories; and
"(2) to implement policies, systems, and procedures for the
automation and transmission of arrest and conviction records,
court orders, and mental health adjudications or commitments to
Federal and State record repositories.
"(d) Eligibility. - To be eligible to receive a grant under this
section, a State shall certify, to the satisfaction of the Attorney
General, that the State has implemented a relief from disabilities
program in accordance with section 105.
"(e) Authorization of Appropriations. - There are authorized to
be appropriated to the Attorney General to carry out this section
$62,500,000 for fiscal year 2009, $125,000,000 for fiscal year
2010, $125,000,000 for fiscal year 2011, $62,500,000 for fiscal
year 2012, and $62,500,000 for fiscal year 2013.

"TITLE IV - GAO AUDIT

"SEC. 401. GAO AUDIT.
"(a) In General. - The Comptroller General of the United States
shall conduct an audit of the expenditure of all funds appropriated
for criminal records improvement pursuant to section 106(b) of the
Brady Handgun Violence Prevention Act (Public Law 103-159) [set out
below] to determine if the funds were expended for the purposes
authorized by the Act and how those funds were expended for those
purposes or were otherwise expended.
"(b) Report. - Not later than 6 months after the date of
enactment of this Act [Jan. 8, 2008], the Comptroller General shall
submit a report to Congress describing the findings of the audit
conducted pursuant to subsection (a)."
Pub. L. 103-159, title I, Sec. 103, Nov. 30, 1993, 107 Stat.
1541, as amended by Pub. L. 103-322, title XXI, Sec. 210603(b),
Sept. 13, 1994, 103 Stat. 2074; Pub. L. 104-294, title VI, Sec.
603(h), (i)(1), Oct. 11, 1996, 110 Stat. 3504; Pub. L. 110-180,
title I, Sec. 101(a), Jan. 8, 2008, 121 Stat. 2561, provided that:
"(a) Determination of Timetables. - Not later than 6 months after
the date of enactment of this Act [Nov. 30, 1993], the Attorney
General shall -
"(1) determine the type of computer hardware and software that
will be used to operate the national instant criminal background
check system and the means by which State criminal records
systems and the telephone or electronic device of licensees will
communicate with the national system;
"(2) investigate the criminal records system of each State and
determine for each State a timetable by which the State should be
able to provide criminal records on an on-line capacity basis to
the national system; and
"(3) notify each State of the determinations made pursuant to
paragraphs (1) and (2).
"(b) Establishment of System. - Not later than 60 months after
the date of the enactment of this Act [Nov. 30, 1993], the Attorney
General shall establish a national instant criminal background
check system that any licensee may contact, by telephone or by
other electronic means in addition to the telephone, for
information, to be supplied immediately, on whether receipt of a
firearm by a prospective transferee would violate section 922 of
title 18, United States Code, or State law.
"(c) Expedited Action by the Attorney General. - The Attorney
General shall expedite -
"(1) the upgrading and indexing of State criminal history
records in the Federal criminal records system maintained by the
Federal Bureau of Investigation;
"(2) the development of hardware and software systems to link
State criminal history check systems into the national instant
criminal background check system established by the Attorney
General pursuant to this section; and
"(3) the current revitalization initiatives by the Federal
Bureau of Investigation for technologically advanced fingerprint
and criminal records identification.
"(d) Notification of Licensees. - On establishment of the system
under this section, the Attorney General shall notify each licensee
and the chief law enforcement officer of each State of the
existence and purpose of the system and the means to be used to
contact the system.
"(e) Administrative Provisions. -
"(1) Authority to obtain official information. -
"(A) In general. - Notwithstanding any other law, the
Attorney General may secure directly from any department or
agency of the United States such information on persons for
whom receipt of a firearm would violate subsection (g) or (n)
of section 922 of title 18, United States Code, or State law,
as is necessary to enable the system to operate in accordance
with this section.
"(B) Request of attorney general. - On request of the
Attorney General, the head of such department or agency shall
furnish electronic versions of the information described under
subparagraph (A) to the system.
"(C) Quarterly submission to attorney general. - If a Federal
department or agency under subparagraph (A) has any record of
any person demonstrating that the person falls within one of
the categories described in subsection (g) or (n) of section
922 of title 18, United States Code, the head of such
department or agency shall, not less frequently than quarterly,
provide the pertinent information contained in such record to
the Attorney General.
"(D) Information updates. - The Federal department or agency,
on being made aware that the basis under which a record was
made available under subparagraph (A) does not apply, or no
longer applies, shall -
"(i) update, correct, modify, or remove the record from any
database that the agency maintains and makes available to the
Attorney General, in accordance with the rules pertaining to
that database; and
"(ii) notify the Attorney General that such basis no longer
applies so that the National Instant Criminal Background
Check System is kept up to date.
The Attorney General upon receiving notice pursuant to clause
(ii) shall ensure that the record in the National Instant
Criminal Background Check System is updated, corrected, modified,
or removed within 30 days of receipt.
"(E) Annual report. - The Attorney General shall submit an
annual report to Congress that describes the compliance of each
department or agency with the provisions of this paragraph.
"(2) Other authority. - The Attorney General shall develop such
computer software, design and obtain such telecommunications and
computer hardware, and employ such personnel, as are necessary to
establish and operate the system in accordance with this section.
"(f) Written Reasons Provided on Request. - If the national
instant criminal background check system determines that an
individual is ineligible to receive a firearm and the individual
requests the system to provide the reasons for the determination,
the system shall provide such reasons to the individual, in
writing, within 5 business days after the date of the request.
"(g) Correction of Erroneous System Information. - If the system
established under this section informs an individual contacting the
system that receipt of a firearm by a prospective transferee would
violate subsection (g) or (n) of section 922 of title 18, United
States Code, or State law, the prospective transferee may request
the Attorney General to provide the prospective transferee with the
reasons therefor. Upon receipt of such a request, the Attorney
General shall immediately comply with the request. The prospective
transferee may submit to the Attorney General information to
correct, clarify, or supplement records of the system with respect
to the prospective transferee. After receipt of such information,
the Attorney General shall immediately consider the information,
investigate the matter further, and correct all erroneous Federal
records relating to the prospective transferee and give notice of
the error to any Federal department or agency or any State that was
the source of such erroneous records.
"(h) Regulations. - After 90 days' notice to the public and an
opportunity for hearing by interested parties, the Attorney General
shall prescribe regulations to ensure the privacy and security of
the information of the system established under this section.
"(i) Prohibition Relating To Establishment of Registration
Systems With Respect to Firearms. - No department, agency, officer,
or employee of the United States may -
"(1) require that any record or portion thereof generated by
the system established under this section be recorded at or
transferred to a facility owned, managed, or controlled by the
United States or any State or political subdivision thereof; or
"(2) use the system established under this section to establish
any system for the registration of firearms, firearm owners, or
firearm transactions or dispositions, except with respect to
persons, prohibited by section 922(g) or (n) of title 18, United
States Code, or State law, from receiving a firearm.
"(j) Definitions. - As used in this section:
"(1) Licensee. - The term 'licensee' means a licensed importer
(as defined in section 921(a)(9) of title 18, United States
Code), a licensed manufacturer (as defined in section 921(a)(10)
of that title), or a licensed dealer (as defined in section
921(a)(11) of that title).
"(2) Other terms. - The terms 'firearm', 'handgun', 'licensed
importer', 'licensed manufacturer', and 'licensed dealer' have
the meanings stated in section 921(a) of title 18, United States
Code, as amended by subsection (a)(2).
"(k) Authorization of Appropriations. - There are authorized to
be appropriated such sums as are necessary to enable the Attorney
General to carry out this section."

FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS
Section 106(b) of Pub. L. 103-159, as amended by Pub. L. 103-322,
title XXI, Sec. 210603(b), Sept. 13, 1994, 103 Stat. 2074; Pub. L.
104-294, title VI, Sec. 603(i)(1), Oct. 11, 1996, 110 Stat. 3504,
provided that:
"(1) Grants for the improvement of criminal records. - The
Attorney General, through the Bureau of Justice Statistics, shall,
subject to appropriations and with preference to States that as of
the date of enactment of this Act [Nov. 30, 1993] have the lowest
percent currency of case dispositions in computerized criminal
history files, make a grant to each State to be used -
"(A) for the creation of a computerized criminal history record
system or improvement of an existing system;
"(B) to improve accessibility to the national instant criminal
background system; and
"(C) upon establishment of the national system, to assist the
State in the transmittal of criminal records to the national
system.
"(2) Authorization of appropriations. - There are authorized to
be appropriated for grants under paragraph (1) a total of
$200,000,000 for fiscal year 1994 and all fiscal years thereafter."

GUN-FREE ZONE SIGNS
Section 1702(b)(5) of Pub. L. 101-647 provided that: "Federal,
State, and local authorities are encouraged to cause signs to be
posted around school zones giving warning of prohibition of the
possession of firearms in a school zone."

IDENTIFICATION OF FELONS AND OTHER PERSONS INELIGIBLE TO PURCHASE
HANDGUNS
Section 6213 of Pub. L. 100-690 provided that:
"(a) Identification of Felons Ineligible To Purchase Handguns. -
The Attorney General shall develop a system for immediate and
accurate identification of felons who attempt to purchase 1 or more
firearms but are ineligible to purchase firearms by reason of
section 922(g)(1) of title 18, United States Code. The system shall
be accessible to dealers but only for the purpose of determining
whether a potential purchaser is a convicted felon. The Attorney
General shall establish a plan (including a cost analysis of the
proposed system) for implementation of the system. In developing
the system, the Attorney General shall consult with the Secretary
of the Treasury, other Federal, State, and local law enforcement
officials with expertise in the area, and other experts. The
Attorney General shall begin implementation of the system 30 days
after the report to the Congress as provided in subsection (b).
"(b) Report to Congress. - Not later than 1 year after the date
of the enactment of this Act [Nov. 18, 1988], the Attorney General
shall report to the Congress a description of the system referred
to in subsection (a) and a plan (including a cost analysis of the
proposed system) for implementation of the system. Such report may
include, if appropriate, recommendations for modifications of the
system and legislation necessary in order to fully implement such
system.
"(c) Additional Study of Other Persons Ineligible To Purchase
Firearms. - The Attorney General in consultation with the Secretary
of the Treasury shall conduct a study to determine if an effective
method for immediate and accurate identification of other persons
who attempt to purchase 1 or more firearms but are ineligible to
purchase firearms by reason of section 922(g) of title 18, United
States Code. In conducting the study, the Attorney General shall
consult with the Secretary of the Treasury, other Federal, State,
and local law enforcement officials with expertise in the area, and
other experts. Such study shall be completed within 18 months after
the date of the enactment of this Act [Nov. 18, 1988] and shall be
submitted to the Congress and made available to the public. Such
study may include, if appropriate, recommendations for legislation.
"(d) Definitions. - As used in this section, the terms 'firearm'
and 'dealer' shall have the meanings given such terms in section
921(a) of title 18, United States Code."

STUDIES TO IDENTIFY EQUIPMENT CAPABLE OF DISTINGUISHING SECURITY
EXEMPLAR FROM OTHER METAL OBJECTS LIKELY TO BE CARRIED ON ONE'S
PERSON
Section 2(e) of Pub. L. 100-649 provided that: "The Attorney
General, the Secretary of the Treasury, and the Secretary of
Transportation shall each conduct studies to identify available
state-of-the-art equipment capable of detecting the Security
Exemplar (as defined in section 922(p)(2)(C) of title 18, United
States Code) and distinguishing the Security Exemplar from
innocuous metal objects likely to be carried on one's person. Such
studies shall be completed within 6 months after the date of the
enactment of this Act [Nov. 10, 1988] and shall include a schedule
providing for the installation of such equipment at the earliest
practicable time at security checkpoints maintained or regulated by
the agency conducting the study. Such equipment shall be installed
in accordance with each schedule. In addition, such studies may
include recommendations, where appropriate, concerning the use of
secondary security equipment and procedures to enhance detection
capability at security checkpoints."

-FOOTNOTE-

(!1) So in original. Probably should be followed with "and".

(!2) So in original. The word "who" probably should not appear.

(!3) So in original. Probably should be followed by "of".

(!4) See References in Text note below.


-End-



-CITE-
18 USC Sec. 923 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 923. Licensing

-STATUTE-
(a) No person shall engage in the business of importing,
manufacturing, or dealing in firearms, or importing or
manufacturing ammunition, until he has filed an application with
and received a license to do so from the Attorney General. The
application shall be in such form and contain only that information
necessary to determine eligibility for licensing as the Attorney
General shall by regulation prescribe and shall include a
photograph and fingerprints of the applicant. Each applicant shall
pay a fee for obtaining such a license, a separate fee being
required for each place in which the applicant is to do business,
as follows:
(1) If the applicant is a manufacturer -
(A) of destructive devices, ammunition for destructive devices
or armor piercing ammunition, a fee of $1,000 per year;
(B) of firearms other than destructive devices, a fee of $50
per year; or
(C) of ammunition for firearms, other than ammunition for
destructive devices or armor piercing ammunition, a fee of $10
per year.

(2) If the applicant is an importer -
(A) of destructive devices, ammunition for destructive devices
or armor piercing ammunition, a fee of $1,000 per year; or
(B) of firearms other than destructive devices or ammunition
for firearms other than destructive devices, or ammunition other
than armor piercing ammunition, a fee of $50 per year.

(3) If the applicant is a dealer -
(A) in destructive devices or ammunition for destructive
devices, a fee of $1,000 per year; or
(B) who is not a dealer in destructive devices, a fee of $200
for 3 years, except that the fee for renewal of a valid license
shall be $90 for 3 years.

(b) Any person desiring to be licensed as a collector shall file
an application for such license with the Attorney General. The
application shall be in such form and contain only that information
necessary to determine eligibility as the Attorney General shall by
regulation prescribe. The fee for such license shall be $10 per
year. Any license granted under this subsection shall only apply to
transactions in curios and relics.
(c) Upon the filing of a proper application and payment of the
prescribed fee, the Attorney General shall issue to a qualified
applicant the appropriate license which, subject to the provisions
of this chapter and other applicable provisions of law, shall
entitle the licensee to transport, ship, and receive firearms and
ammunition covered by such license in interstate or foreign
commerce during the period stated in the license. Nothing in this
chapter shall be construed to prohibit a licensed manufacturer,
importer, or dealer from maintaining and disposing of a personal
collection of firearms, subject only to such restrictions as apply
in this chapter to dispositions by a person other than a licensed
manufacturer, importer, or dealer. If any firearm is so disposed of
by a licensee within one year after its transfer from his business
inventory into such licensee's personal collection or if such
disposition or any other acquisition is made for the purpose of
willfully evading the restrictions placed upon licensees by this
chapter, then such firearm shall be deemed part of such licensee's
business inventory, except that any licensed manufacturer,
importer, or dealer who has maintained a firearm as part of a
personal collection for one year and who sells or otherwise
disposes of such firearm shall record the description of the
firearm in a bound volume, containing the name and place of
residence and date of birth of the transferee if the transferee is
an individual, or the identity and principal and local places of
business of the transferee if the transferee is a corporation or
other business entity: Provided, That no other recordkeeping shall
be required.
(d)(1) Any application submitted under subsection (a) or (b) of
this section shall be approved if -
(A) the applicant is twenty-one years of age or over;
(B) the applicant (including, in the case of a corporation,
partnership, or association, any individual possessing, directly
or indirectly, the power to direct or cause the direction of the
management and policies of the corporation, partnership, or
association) is not prohibited from transporting, shipping, or
receiving firearms or ammunition in interstate or foreign
commerce under section 922(g) and (n) of this chapter;
(C) the applicant has not willfully violated any of the
provisions of this chapter or regulations issued thereunder;
(D) the applicant has not willfully failed to disclose any
material information required, or has not made any false
statement as to any material fact, in connection with his
application;
(E) the applicant has in a State (i) premises from which he
conducts business subject to license under this chapter or from
which he intends to conduct such business within a reasonable
period of time, or (ii) in the case of a collector, premises from
which he conducts his collecting subject to license under this
chapter or from which he intends to conduct such collecting
within a reasonable period of time;
(F) the applicant certifies that -
(i) the business to be conducted under the license is not
prohibited by State or local law in the place where the
licensed premise is located;
(ii)(I) within 30 days after the application is approved the
business will comply with the requirements of State and local
law applicable to the conduct of the business; and
(II) the business will not be conducted under the license
until the requirements of State and local law applicable to the
business have been met; and
(iii) that the applicant has sent or delivered a form to be
prescribed by the Attorney General, to the chief law
enforcement officer of the locality in which the premises are
located, which indicates that the applicant intends to apply
for a Federal firearms license; and

(G) in the case of an application to be licensed as a dealer,
the applicant certifies that secure gun storage or safety devices
will be available at any place in which firearms are sold under
the license to persons who are not licensees (subject to the
exception that in any case in which a secure gun storage or
safety device is temporarily unavailable because of theft,
casualty loss, consumer sales, backorders from a manufacturer, or
any other similar reason beyond the control of the licensee, the
dealer shall not be considered to be in violation of the
requirement under this subparagraph to make available such a
device).

(2) The Attorney General must approve or deny an application for
a license within the 60-day period beginning on the date it is
received. If the Attorney General fails to act within such period,
the applicant may file an action under section 1361 of title 28 to
compel the Attorney General to act. If the Attorney General
approves an applicant's application, such applicant shall be issued
a license upon the payment of the prescribed fee.
(e) The Attorney General may, after notice and opportunity for
hearing, revoke any license issued under this section if the holder
of such license has willfully violated any provision of this
chapter or any rule or regulation prescribed by the Attorney
General under this chapter or fails to have secure gun storage or
safety devices available at any place in which firearms are sold
under the license to persons who are not licensees (except that in
any case in which a secure gun storage or safety device is
temporarily unavailable because of theft, casualty loss, consumer
sales, backorders from a manufacturer, or any other similar reason
beyond the control of the licensee, the dealer shall not be
considered to be in violation of the requirement to make available
such a device). The Attorney General may, after notice and
opportunity for hearing, revoke the license of a dealer who
willfully transfers armor piercing ammunition. The Secretary's (!1)
action under this subsection may be reviewed only as provided in
subsection (f) of this section.

(f)(1) Any person whose application for a license is denied and
any holder of a license which is revoked shall receive a written
notice from the Attorney General stating specifically the grounds
upon which the application was denied or upon which the license was
revoked. Any notice of a revocation of a license shall be given to
the holder of such license before the effective date of the
revocation.
(2) If the Attorney General denies an application for, or
revokes, a license, he shall, upon request by the aggrieved party,
promptly hold a hearing to review his denial or revocation. In the
case of a revocation of a license, the Attorney General shall upon
the request of the holder of the license stay the effective date of
the revocation. A hearing held under this paragraph shall be held
at a location convenient to the aggrieved party.
(3) If after a hearing held under paragraph (2) the Attorney
General decides not to reverse his decision to deny an application
or revoke a license, the Attorney General shall give notice of his
decision to the aggrieved party. The aggrieved party may at any
time within sixty days after the date notice was given under this
paragraph file a petition with the United States district court for
the district in which he resides or has his principal place of
business for a de novo judicial review of such denial or
revocation. In a proceeding conducted under this subsection, the
court may consider any evidence submitted by the parties to the
proceeding whether or not such evidence was considered at the
hearing held under paragraph (2). If the court decides that the
Attorney General was not authorized to deny the application or to
revoke the license, the court shall order the Attorney General to
take such action as may be necessary to comply with the judgment of
the court.
(4) If criminal proceedings are instituted against a licensee
alleging any violation of this chapter or of rules or regulations
prescribed under this chapter, and the licensee is acquitted of
such charges, or such proceedings are terminated, other than upon
motion of the Government before trial upon such charges, the
Attorney General shall be absolutely barred from denying or
revoking any license granted under this chapter where such denial
or revocation is based in whole or in part on the facts which form
the basis of such criminal charges. No proceedings for the
revocation of a license shall be instituted by the Attorney General
more than one year after the filing of the indictment or
information.
(g)(1)(A) Each licensed importer, licensed manufacturer, and
licensed dealer shall maintain such records of importation,
production, shipment, receipt, sale, or other disposition of
firearms at his place of business for such period, and in such
form, as the Attorney General may by regulations prescribe. Such
importers, manufacturers, and dealers shall not be required to
submit to the Attorney General reports and information with respect
to such records and the contents thereof, except as expressly
required by this section. The Attorney General, when he has
reasonable cause to believe a violation of this chapter has
occurred and that evidence thereof may be found on such premises,
may, upon demonstrating such cause before a Federal magistrate
judge and securing from such magistrate judge a warrant authorizing
entry, enter during business hours the premises (including places
of storage) of any licensed firearms importer, licensed
manufacturer, licensed dealer, licensed collector, or any licensed
importer or manufacturer of ammunition, for the purpose of
inspecting or examining -
(i) any records or documents required to be kept by such
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector under this chapter or rules or regulations
under this chapter, and
(ii) any firearms or ammunition kept or stored by such licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector, at such premises.

(B) The Attorney General may inspect or examine the inventory and
records of a licensed importer, licensed manufacturer, or licensed
dealer without such reasonable cause or warrant -
(i) in the course of a reasonable inquiry during the course of
a criminal investigation of a person or persons other than the
licensee;
(ii) for ensuring compliance with the record keeping
requirements of this chapter -
(I) not more than once during any 12-month period; or
(II) at any time with respect to records relating to a
firearm involved in a criminal investigation that is traced to
the licensee; or

(iii) when such inspection or examination may be required for
determining the disposition of one or more particular firearms in
the course of a bona fide criminal investigation.

(C) The Attorney General may inspect the inventory and records of
a licensed collector without such reasonable cause or warrant -
(i) for ensuring compliance with the record keeping
requirements of this chapter not more than once during any twelve-
month period; or
(ii) when such inspection or examination may be required for
determining the disposition of one or more particular firearms in
the course of a bona fide criminal investigation.

(D) At the election of a licensed collector, the annual
inspection of records and inventory permitted under this paragraph
shall be performed at the office of the Attorney General designated
for such inspections which is located in closest proximity to the
premises where the inventory and records of such licensed collector
are maintained. The inspection and examination authorized by this
paragraph shall not be construed as authorizing the Attorney
General to seize any records or other documents other than those
records or documents constituting material evidence of a violation
of law. If the Attorney General seizes such records or documents,
copies shall be provided the licensee within a reasonable time. The
Attorney General may make available to any Federal, State, or local
law enforcement agency any information which he may obtain by
reason of this chapter with respect to the identification of
persons prohibited from purchasing or receiving firearms or
ammunition who have purchased or received firearms or ammunition,
together with a description of such firearms or ammunition, and he
may provide information to the extent such information may be
contained in the records required to be maintained by this chapter,
when so requested by any Federal, State, or local law enforcement
agency.
(2) Each licensed collector shall maintain in a bound volume the
nature of which the Attorney General may by regulations prescribe,
records of the receipt, sale, or other disposition of firearms.
Such records shall include the name and address of any person to
whom the collector sells or otherwise disposes of a firearm. Such
collector shall not be required to submit to the Attorney General
reports and information with respect to such records and the
contents thereof, except as expressly required by this section.
(3)(A) Each licensee shall prepare a report of multiple sales or
other dispositions whenever the licensee sells or otherwise
disposes of, at one time or during any five consecutive business
days, two or more pistols, or revolvers, or any combination of
pistols and revolvers totalling two or more, to an unlicensed
person. The report shall be prepared on a form specified by the
Attorney General and forwarded to the office specified thereon and
to the department of State police or State law enforcement agency
of the State or local law enforcement agency of the local
jurisdiction in which the sale or other disposition took place, not
later than the close of business on the day that the multiple sale
or other disposition occurs.
(B) Except in the case of forms and contents thereof regarding a
purchaser who is prohibited by subsection (g) or (n) of section 922
of this title from receipt of a firearm, the department of State
police or State law enforcement agency or local law enforcement
agency of the local jurisdiction shall not disclose any such form
or the contents thereof to any person or entity, and shall destroy
each such form and any record of the contents thereof no more than
20 days from the date such form is received. No later than the date
that is 6 months after the effective date of this subparagraph, and
at the end of each 6-month period thereafter, the department of
State police or State law enforcement agency or local law
enforcement agency of the local jurisdiction shall certify to the
Attorney General of the United States that no disclosure contrary
to this subparagraph has been made and that all forms and any
record of the contents thereof have been destroyed as provided in
this subparagraph.
(4) Where a firearms or ammunition business is discontinued and
succeeded by a new licensee, the records required to be kept by
this chapter shall appropriately reflect such facts and shall be
delivered to the successor. Where discontinuance of the business is
absolute, such records shall be delivered within thirty days after
the business discontinuance to the Attorney General. However, where
State law or local ordinance requires the delivery of records to
other responsible authority, the Attorney General may arrange for
the delivery of such records to such other responsible authority.
(5)(A) Each licensee shall, when required by letter issued by the
Attorney General, and until notified to the contrary in writing by
the Attorney General, submit on a form specified by the Attorney
General, for periods and at the times specified in such letter, all
record information required to be kept by this chapter or such
lesser record information as the Attorney General in such letter
may specify.
(B) The Attorney General may authorize such record information to
be submitted in a manner other than that prescribed in subparagraph
(A) of this paragraph when it is shown by a licensee that an
alternate method of reporting is reasonably necessary and will not
unduly hinder the effective administration of this chapter. A
licensee may use an alternate method of reporting if the licensee
describes the proposed alternate method of reporting and the need
therefor in a letter application submitted to the Attorney General,
and the Attorney General approves such alternate method of
reporting.
(6) Each licensee shall report the theft or loss of a firearm
from the licensee's inventory or collection, within 48 hours after
the theft or loss is discovered, to the Attorney General and to the
appropriate local authorities.
(7) Each licensee shall respond immediately to, and in no event
later than 24 hours after the receipt of, a request by the Attorney
General for information contained in the records required to be
kept by this chapter as may be required for determining the
disposition of 1 or more firearms in the course of a bona fide
criminal investigation. The requested information shall be provided
orally or in writing, as the Attorney General may require. The
Attorney General shall implement a system whereby the licensee can
positively identify and establish that an individual requesting
information via telephone is employed by and authorized by the
agency to request such information.
(h) Licenses issued under the provisions of subsection (c) of
this section shall be kept posted and kept available for inspection
on the premises covered by the license.
(i) Licensed importers and licensed manufacturers shall identify
by means of a serial number engraved or cast on the receiver or
frame of the weapon, in such manner as the Attorney General shall
by regulations prescribe, each firearm imported or manufactured by
such importer or manufacturer.
(j) A licensed importer, licensed manufacturer, or licensed
dealer may, under rules or regulations prescribed by the Attorney
General, conduct business temporarily at a location other than the
location specified on the license if such temporary location is the
location for a gun show or event sponsored by any national, State,
or local organization, or any affiliate of any such organization
devoted to the collection, competitive use, or other sporting use
of firearms in the community, and such location is in the State
which is specified on the license. Records of receipt and
disposition of firearms transactions conducted at such temporary
location shall include the location of the sale or other
disposition and shall be entered in the permanent records of the
licensee and retained on the location specified on the license.
Nothing in this subsection shall authorize any licensee to conduct
business in or from any motorized or towed vehicle. Notwithstanding
the provisions of subsection (a) of this section, a separate fee
shall not be required of a licensee with respect to business
conducted under this subsection. Any inspection or examination of
inventory or records under this chapter by the Attorney General at
such temporary location shall be limited to inventory consisting
of, or records relating to, firearms held or disposed at such
temporary location. Nothing in this subsection shall be construed
to authorize the Attorney General to inspect or examine the
inventory or records of a licensed importer, licensed manufacturer,
or licensed dealer at any location other than the location
specified on the license. Nothing in this subsection shall be
construed to diminish in any manner any right to display, sell, or
otherwise dispose of firearms or ammunition, which is in effect
before the date of the enactment of the Firearms Owners' Protection
Act, including the right of a licensee to conduct "curios or
relics" firearms transfers and business away from their business
premises with another licensee without regard as to whether the
location of where the business is conducted is located in the State
specified on the license of either licensee.
(k) Licensed importers and licensed manufacturers shall mark all
armor piercing projectiles and packages containing such projectiles
for distribution in the manner prescribed by the Attorney General
by regulation. The Attorney General shall furnish information to
each dealer licensed under this chapter defining which projectiles
are considered armor piercing ammunition as defined in section
921(a)(17)(B).
(l) The Attorney General shall notify the chief law enforcement
officer in the appropriate State and local jurisdictions of the
names and addresses of all persons in the State to whom a firearms
license is issued.

-SOURCE-
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
231; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1221; Pub. L. 92-377, title I, Sec. 165(b), Dec. 21, 1982, 96
Stat. 1923; Pub. L. 99-308, Sec. 103, May 19, 1986, 100 Stat. 453;
Pub. L. 99-360, Sec. 1(c), July 8, 1986, 100 Stat. 766; Pub. L. 99-
408, Secs. 3-7, Aug. 28, 1986, 100 Stat. 921; Pub. L. 100-690,
title VII, Sec. 7060(d), Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101-
647, title XXII, Sec. 2203(a), title XXXV, Sec. 3525, Nov. 29,
1990, 104 Stat. 4857, 4924; Pub. L. 101-650, title III, Sec. 321,
Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-159, title II, Sec. 201,
title III, Sec. 303, Nov. 30, 1993, 107 Stat. 1544, 1545; Pub. L.
103-322, title XI, Secs. 110102(d), 110103(d), 110105(2),
110301(a), 110302-110307, title XXXIII, Sec. 330011(i), Sept. 13,
1994, 108 Stat. 1998-2000, 2012-2014, 2145; Pub. L. 104-208, div.
A, title I, Sec. 101(f) [title I, Sec. 118], Sept. 30, 1996, 110
Stat. 3009-314, 3009-326; Pub. L. 104-294, title VI, Sec.
603(j)(1), (k), (l), Oct. 11, 1996, 110 Stat. 3504, 3505; Pub. L.
105-277, div. A, Sec. 101(b) [title I, Sec. 119(b), (c)], Oct. 21,
1998, 112 Stat. 2681-50, 2681-69; Pub. L. 107-296, title XI, Sec.
1112(f)(5), (6), Nov. 25, 2002, 116 Stat. 2276.)

-REFTEXT-
REFERENCES IN TEXT
The effective date of this subparagraph, referred to in subsec.
(g)(3)(B), is the date of enactment of Pub. L. 103-159, which was
approved Nov. 30, 1993.
The date of the enactment of the Firearms Owners' Protection Act,
referred to in subsec. (j), is the date of enactment of Pub. L. 99-
308, which was approved May 19, 1986.


-MISC1-
AMENDMENTS
2002 - Subsecs. (a) to (g), (i) to (k). Pub. L. 107-296, Sec.
1112(f)(6), substituted "Attorney General" for "Secretary" wherever
appearing.
Subsec. (l). Pub. L. 107-296, Sec. 1112(f)(5), substituted
"Attorney General" for "Secretary of the Treasury".
1998 - Subsec. (d)(1)(G). Pub. L. 105-277, Sec. 101(b) [title I,
Sec. 119(b)], added subpar. (G).
Subsec. (e). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 119(c)],
inserted before period at end of first sentence "or fails to have
secure gun storage or safety devices available at any place in
which firearms are sold under the license to persons who are not
licensees (except that in any case in which a secure gun storage or
safety device is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, the dealer shall
not be considered to be in violation of the requirement to make
available such a device)".
1996 - Subsec. (g)(1)(B)(ii). Pub. L. 104-294, Sec. 603(k),
substituted "; or" for period at end of subcl. (II) and realigned
margins.
Subsec. (g)(3)(A). Pub. L. 104-294, Sec. 603(j)(1), amended
directory language of Pub. L. 103-159, Sec. 201(1). See 1993
Amendment note below.
Subsec. (j). Pub. L. 104-208 substituted for period at end ",
including the right of a licensee to conduct 'curios or relics'
firearms transfers and business away from their business premises
with another licensee without regard as to whether the location of
where the business is conducted is located in the State specified
on the license of either licensee."
Subsec. (l). Pub. L. 104-294, Sec. 603(l), redesignated last
subsec. as subsec. (l) and realigned margins.
1994 - Subsec. (a). Pub. L. 103-322, Sec. 110301(a), inserted
"and shall include a photograph and fingerprints of the applicant"
after "regulation prescribe" in introductory provisions.
Subsec. (a)(3)(B). Pub. L. 103-322, Sec. 330011(i), amended
directory language of Pub. L. 101-647, Sec. 3525. See 1990
Amendment note below.
Subsec. (d)(1)(F). Pub. L. 103-322, Sec. 110302, added subpar.
(F).
Subsec. (d)(2). Pub. L. 103-322, Sec. 110303, substituted "60-day
period" for "forty-five-day period".
Subsec. (g)(1)(B)(ii). Pub. L. 103-322, Sec. 110304, amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: "for
ensuring compliance with the record keeping requirements of this
chapter not more than once during any twelve-month period; or".
Subsec. (g)(6). Pub. L. 103-322, Sec. 110305, added par. (6).
Subsec. (g)(7). Pub. L. 103-322, Sec. 110306, added par. (7).
Subsec. (i). Pub. L. 103-322, Sec. 110103(d), which inserted at
end "A large capacity ammunition feeding device manufactured after
the date of the enactment of this sentence shall be identified by a
serial number that clearly shows that the device was manufactured
or imported after the effective date of this subsection, and such
other identification as the Secretary may by regulation
prescribe.", was repealed by Pub. L. 103-322, Sec. 110105(2). See
Effective and Termination Dates of 1994 Amendment note below.
Pub. L. 103-322, Sec. 110102(d), which inserted penultimate
sentence which read as follows: "The serial number of any
semiautomatic assault weapon manufactured after the date of the
enactment of this sentence shall clearly show the date on which the
weapon was manufactured.", was repealed by Pub. L. 103-322, Sec.
110105(2). See Effective and Termination Dates of 1994 Amendment
note below.
Subsec. (l). Pub. L. 103-322, Sec. 110307, which directed the
amendment of this section by adding subsec. (1) at end, was
executed by adding subsec. (l) at end to reflect the probable
intent of Congress.
1993 - Subsec. (a)(3)(A). Pub. L. 103-159, Sec. 303(1), inserted
"or" at end of subpar. (A).
Subsec. (a)(3)(B). Pub. L. 103-159, Sec. 303(2), (3), substituted
"who is not a dealer in destructive devices, a fee of $200 for 3
years, except that the fee for renewal of a valid license shall be
$90 for 3 years." for "who is a pawnbroker dealing in firearms
other than destructive devices, a fee of $25 per year; or".
Subsec. (a)(3)(C). Pub. L. 103-159, Sec. 303(4), struck out
subpar. (C) which read as follows: "who is not a dealer in
destructive devices or a pawnbroker, a fee of $10 per year."
Subsec. (g)(3). Pub. L. 103-159, Sec. 201, as amended by Pub. L.
104-294, Sec. 603(j)(1), designated existing provisions as subpar.
(A), inserted "and to the department of State police or State law
enforcement agency of the State or local law enforcement agency of
the local jurisdiction in which the sale or other disposition took
place," after "thereon", and added subpar. (B).
1990 - Subsec. (a)(3)(B). Pub. L. 101-647, Sec. 3525, as amended
by Pub. L. 103-322, Sec. 330011(i), inserted a comma after
"devices".
Subsec. (d)(1)(B). Pub. L. 101-647, Sec. 2203(a), substituted
"(n)" for "(h)".
1988 - Subsec. (a). Pub. L. 100-690, Sec. 7060(d)(1), struck out
period after "licensing" in introductory provisions.
Subsec. (f)(3). Pub. L. 100-690, Sec. 7060(d)(2), struck out the
period that followed a period after "paragraph (2)".
1986 - Subsec. (a). Pub. L. 99-308, Sec. 103(1), amended first
sentence generally and substituted "only that information necessary
to determine eligibility for licensing." for "such information" in
second sentence. Prior to amendment, first sentence read as
follows: "No person shall engage in business as a firearms or
ammunition importer, manufacturer, or dealer until he has filed an
application with, and received a license to do so from, the
Secretary."
Subsec. (a)(1)(A). Pub. L. 99-408, Sec. 3, in amending subpar.
(A) generally, substituted ", ammunition for destructive devices or
armor piercing ammunition" for "or ammunition for destructive
devices".
Subsec. (a)(1)(C). Pub. L. 99-408, Sec. 4, in amending subpar.
(C) generally, substituted ", other than ammunition for destructive
devices or armor piercing ammunition" for "other than destructive
devices".
Subsec. (a)(2). Pub. L. 99-408, Sec. 5, amended subpars. (A) and
(B) generally. Prior to amendment, subpars. (A) and (B) read as
follows:
"(A) of destructive devices or ammunition for destructive
devices, a fee of $1,000 per year; or
"(B) of firearms other than destructive devices or ammunition for
firearms other than destructive devices, a fee of $50 per year."
Subsec. (a)(3)(B). Pub. L. 99-308, Sec. 103(2), struck out "or
ammunition for firearms other than destructive devices," after
"destructive devices".
Subsec. (b). Pub. L. 99-308, Sec. 103(3), substituted "only that
information necessary to determine eligibility" for "such
information".
Subsec. (c). Pub. L. 99-360 inserted provision which required any
licensed manufacturer, importer, or dealer who has maintained a
firearm as part of a personal collection for one year and sells or
otherwise disposes of such firearm to record the description of the
firearm in a bound volume, specified other information to be
recorded, and provided that no other recordkeeping be required.
Pub. L. 99-308, Sec. 103(4), inserted provision that nothing in
this chapter be construed to prohibit a licensed manufacturer,
importer, or dealer from maintaining and disposing of a personal
collection of firearms subject to such restrictions as apply in
this chapter to other persons, and provision specifying
circumstances under which such disposition or any other acquisition
shall result in such firearms being deemed part of the licensee's
business inventory.
Subsec. (e). Pub. L. 99-408, Sec. 6, inserted provisions relating
to licenses of dealers willfully transferring armor piercing
ammunition.
Pub. L. 99-308, Sec. 103(5), inserted "willfully" before
"violated".
Subsec. (f)(3). Pub. L. 99-308, Sec. 103(6)(A), inserted "de
novo" before "judicial review" in second sentence and "whether or
not such evidence was considered at the hearing held under
paragraph (2)." after "to the proceeding" in third sentence.
Subsec. (f)(4). Pub. L. 99-308, Sec. 103(6)(B), added par. (4).
Subsec. (g). Pub. L. 99-308, Sec. 103(7), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: "Each
licensed importer, licensed manufacturer, licensed dealer, and
licensed collector shall maintain such records of importation,
production, shipment, receipt, sale, or other disposition, of
firearms and ammunition except .22 caliber rimfire ammunition at
such place, for such period, and in such form as the Secretary may
by regulations prescribe. Such importers, manufacturers, dealers,
and collectors shall make such records available for inspection at
all reasonable times, and shall submit to the Secretary such
reports and information with respect to such records and the
contents thereof as he shall by regulations prescribe. The
Secretary may enter during business hours the premises (including
places of storage) of any firearms or ammunition importer,
manufacturer, dealer, or collector for the purpose of inspecting or
examining (1) any records or documents required to be kept by such
importer, manufacturer, dealer, or collector under the provisions
of this chapter or regulations issued under this chapter, and (2)
any firearms or ammunition kept or stored by such importer,
manufacturer, dealer, or collector at such premises. Upon the
request of any State or any political subdivision thereof, the
Secretary may make available to such State or any political
subdivision thereof, any information which he may obtain by reason
of the provisions of this chapter with respect to the
identification of persons within such State or political
subdivision thereof, who have purchased or received firearms or
ammunition, together with a description of such firearms or
ammunition."
Subsec. (j). Pub. L. 99-308, Sec. 103(8), amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: "This
section shall not apply to anyone who engages only in hand loading,
reloading, or custom loading ammunition for his own firearm, and
who does not hand load, reload, or custom load ammunition for
others."
Subsec. (k). Pub. L. 99-408, Sec. 7, added subsec. (k).
1982 - Subsec. (g). Pub. L. 97-377 inserted "except .22 caliber
rimfire ammunition" after "and ammunition". The amendment by Pub.
L. 97-377, which purported to amend subsec. (9), was executed
instead to subsec. (g) as the probable intent of Congress because
this section does not contain a subsec. (9).
1968 - Subsec. (a). Pub. L. 90-618 struck out "be required to"
after "Each applicant shall".
Subsec. (a)(1). Pub. L. 90-618 inserted "the applicant is" after
"If" in text preceding subpar. (A), substituted "or ammunition for
destructive devices," for "and/or ammunition" in subpar. (A),
decreased the fee from $500 per year to $50 per year in subpar.
(B), and added subpar. (C).
Subsec. (a)(2). Pub. L. 90-618 inserted "the applicant is" after
"If" in text preceding subpar. (A), substituted "or ammunition for
destructive devices," for "and/or ammunition" in subpar. (A), and
inserted provision for ammunition for firearms other than
destructive devices and decreased the fee from $500 per year to $50
per year in subpar. (B).
Subsec. (a)(3). Pub. L. 90-618 inserted "the applicant is" after
"If" in text preceding subpar. (A), substituted "in destructive
devices or ammunition for destructive devices," for "of destructive
devices and/or ammunition" in subpar. (A), and inserted provision
for ammunition for firearms other than destructive devices and
decreased the fee from $250 per year to $25 per year in subpar.
(B).
Subsecs. (b), (c). Pub. L. 90-618 added subsec. (b), redesignated
former subsec. (b) as (c) and made mandatory the requirement that
the Secretary issue the appropriate license to a qualified
applicant. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 90-618 redesignated former subsec. (c) as
(d)(1), made changes in phraseology, inserted references to section
922(g) and (h) of this chapter in subsec. (d)(1)(B) and to
applicants engaged in collecting in subsec. (d)(1)(E)(ii), and
added subsec. (d)(2). Former subsec. (d) redesignated (g).
Subsecs. (e), (f). Pub. L. 90-618 added subsecs. (e) and (f) and
redesignated former subsecs. (e) and (f) as (h) and (i),
respectively.
Subsec. (g). Pub. L. 90-618 redesignated former subsec. (d) as
(g) and added licensed collectors to the enumerated list of
licensees subject to the provisions of this section.
Subsec. (h). Pub. L. 90-618 redesignated former subsec. (e) as
(h) and substituted "subsection (c)" for "subsection (b)".
Subsec. (i). Pub. L. 90-618 redesignated former subsec. (f) as
(i) and inserted ", by means of a serial number engraved or cast on
the receiver or frame of the weapon," after "shall identify".
Subsec. (j). Pub. L. 90-618 added subsec. (j).

-CHANGE-
CHANGE OF NAME
Words "magistrate judge" substituted for "magistrate" wherever
appearing in subsec. (g)(1)(A) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.


-MISC2-
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277, effective 180 days after Oct. 21,
1998, see section 101(b) [title I, Sec. 119(e)] of Pub. L. 105-277,
set out as a note under section 921 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT
Section 603(j)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if the amendment had been included in the Act referred to
in paragraph (1) [Pub. L. 103-159] on the date of the enactment of
such Act [Nov. 30, 1993]."

EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT
Amendment by sections 110102(d) and 110103(d) of Pub. L. 103-322
repealed 10 years after Sept. 13, 1994, see section 110105(2) of
Pub. L. 103-322, formerly set out as a note under section 921 of
this title.
Section 330011(i) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section
3525 of Pub. L. 101-647 took effect.

EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by sections 3 to 5 of Pub. L. 99-408 effective first
day of first calendar month beginning more than ninety days after
Aug. 28, 1986, and amendment by sections 6 and 7 of Pub. L. 99-408
effective Aug. 28, 1986, see section 9 of Pub. L. 99-408, set out
as a note under section 921 of this title.
Amendment by Pub. L. 99-360 effective on date on which amendment
of this section by Firearms Owners' Protection Act, Pub. L. 99-308,
became effective, see section 2 of Pub. L. 99-360, set out as a
note under section 921 of this title.
Amendment by section 103(1)-(6)(A), (7), (8) of Pub. L. 99-308
effective 180 days after May 19, 1986, and amendment by section
103(6)(B) of Pub. L. 99-308 applicable to any action, petition, or
appellate proceeding pending on May 19, 1986, see section 110(a),
(b) of Pub. L. 99-308, set out as a note under section 921 of this
title.

EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section
105 of Pub. L. 90-618, set out as a note under section 921 of this
title.

STATUTORY CONSTRUCTION; EVIDENCE
Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 119(d)], Oct.
21, 1998, 112 Stat. 2681-50, 2681-70, provided that:
"(1) Statutory construction. - Nothing in the amendments made by
this section [amending this section and section 921 of this title]
shall be construed -
"(A) as creating a cause of action against any firearms dealer
or any other person for any civil liability; or
"(B) as establishing any standard of care.
"(2) Evidence. - Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the amendments
made by this section shall not be admissible as evidence in any
proceeding of any court, agency, board, or other entity."

FUNDING FOR BUREAU NOT AUTHORIZED FOR CONSOLIDATION OR
CENTRALIZATION OF RECORDS
Pub. L. 112-55, div. B, title II, Nov. 18, 2011, 125 Stat. 609,
provided in part: "That no funds appropriated herein or hereafter
shall be available for salaries or administrative expenses in
connection with consolidating or centralizing, within the
Department of Justice, the records, or any portion thereof, of
acquisition and disposition of firearms maintained by Federal
firearms licensees".

FUNDING FOR BUREAU NOT AUTHORIZED FOR ELECTRONIC RETRIEVAL OF
INFORMATION
Pub. L. 112-55, div. B, title II, Nov. 18, 2011, 125 Stat. 610,
provided in part: "That, hereafter, no funds made available by this
or any other Act may be used to electronically retrieve information
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal
identification code".

FUNDING FOR BUREAU NOT AUTHORIZED FOR DISCLOSURE OF DATA
Pub. L. 112-55, div. B, title II, Nov. 18, 2011, 125 Stat. 609,
provided in part: "That, during the current fiscal year and in each
fiscal year thereafter, no funds appropriated under this or any
other Act may be used to disclose part or all of the contents of
the Firearms Trace System database maintained by the National Trace
Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives
or any information required to be kept by licensees pursuant to
section 923(g) of title 18, United States Code, or required to be
reported pursuant to paragraphs (3) and (7) of such section, except
to: (1) a Federal, State, local, or tribal law enforcement agency,
or a Federal, State, or local prosecutor; or (2) a foreign law
enforcement agency solely in connection with or for use in a
criminal investigation or prosecution; or (3) a Federal agency for
a national security or intelligence purpose; unless such disclosure
of such data to any of the entities described in (1), (2) or (3) of
this proviso would compromise the identity of any undercover law
enforcement officer or confidential informant, or interfere with
any case under investigation; and no person or entity described in
(1), (2) or (3) shall knowingly and publicly disclose such data;
and all such data shall be immune from legal process, shall not be
subject to subpoena or other discovery, shall be inadmissible in
evidence, and shall not be used, relied on, or disclosed in any
manner, nor shall testimony or other evidence be permitted based on
the data, in a civil action in any State (including the District of
Columbia) or Federal court or in an administrative proceeding other
than a proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms and Explosives to enforce the provisions of chapter 44 of
such title, or a review of such an action or proceeding; except
that this proviso shall not be construed to prevent: (A) the
disclosure of statistical information concerning total production,
importation, and exportation by each licensed importer (as defined
in section 921(a)(9) of such title) and licensed manufacturer (as
defined in section 921(a)(10) of such title); (B) the sharing or
exchange of such information among and between Federal, State,
local, or foreign law enforcement agencies, Federal, State, or
local prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual
statistical reports on products regulated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives, including total production,
importation, and exportation by each licensed importer (as so
defined) and licensed manufacturer (as so defined), or statistical
aggregate data regarding firearms traffickers and trafficking
channels, or firearms misuse, felons, and trafficking
investigations".
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 111-117, div. B, title II, Dec. 16, 2009, 123 Stat. 3128.
Pub. L. 111-8, div. B, title II, Mar. 11, 2009, 123 Stat. 575.
Pub. L. 110-161, div. B, title II, Dec. 26, 2007, 121 Stat. 1903.
Pub. L. 109-108, title I, Nov. 22, 2005, 119 Stat. 2295.
Pub. L. 108-447, div. B, title I, Dec. 8, 2004, 118 Stat. 2859.

-FOOTNOTE-
(!1) So in original. Probably should be "Attorney General's".


-End-



-CITE-
18 USC Sec. 924 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 924. Penalties

-STATUTE-
(a)(1) Except as otherwise provided in this subsection,
subsection (b), (c), (f), or (p) of this section, or in section
929, whoever -
(A) knowingly makes any false statement or representation with
respect to the information required by this chapter to be kept in
the records of a person licensed under this chapter or in
applying for any license or exemption or relief from disability
under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), or (q) of
section 922;
(C) knowingly imports or brings into the United States or any
possession thereof any firearm or ammunition in violation of
section 922(l); or
(D) willfully violates any other provision of this chapter,

shall be fined under this title, imprisoned not more than five
years, or both.
(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h),
(i), (j), or (o) of section 922 shall be fined as provided in this
title, imprisoned not more than 10 years, or both.
(3) Any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly -
(A) makes any false statement or representation with respect to
the information required by the provisions of this chapter to be
kept in the records of a person licensed under this chapter, or
(B) violates subsection (m) of section 922,

shall be fined under this title, imprisoned not more than one year,
or both.
(4) Whoever violates section 922(q) shall be fined under this
title, imprisoned for not more than 5 years, or both.
Notwithstanding any other provision of law, the term of
imprisonment imposed under this paragraph shall not run
concurrently with any other term of imprisonment imposed under any
other provision of law. Except for the authorization of a term of
imprisonment of not more than 5 years made in this paragraph, for
the purpose of any other law a violation of section 922(q) shall be
deemed to be a misdemeanor.
(5) Whoever knowingly violates subsection (s) or (t) of section
922 shall be fined under this title, imprisoned for not more than 1
year, or both.
(6)(A)(i) A juvenile who violates section 922(x) shall be fined
under this title, imprisoned not more than 1 year, or both, except
that a juvenile described in clause (ii) shall be sentenced to
probation on appropriate conditions and shall not be incarcerated
unless the juvenile fails to comply with a condition of probation.
(ii) A juvenile is described in this clause if -
(I) the offense of which the juvenile is charged is possession
of a handgun or ammunition in violation of section 922(x)(2); and
(II) the juvenile has not been convicted in any court of an
offense (including an offense under section 922(x) or a similar
State law, but not including any other offense consisting of
conduct that if engaged in by an adult would not constitute an
offense) or adjudicated as a juvenile delinquent for conduct that
if engaged in by an adult would constitute an offense.

(B) A person other than a juvenile who knowingly violates section
922(x) -
(i) shall be fined under this title, imprisoned not more than 1
year, or both; and
(ii) if the person sold, delivered, or otherwise transferred a
handgun or ammunition to a juvenile knowing or having reasonable
cause to know that the juvenile intended to carry or otherwise
possess or discharge or otherwise use the handgun or ammunition
in the commission of a crime of violence, shall be fined under
this title, imprisoned not more than 10 years, or both.

(7) Whoever knowingly violates section 931 shall be fined under
this title, imprisoned not more than 3 years, or both.
(b) Whoever, with intent to commit therewith an offense
punishable by imprisonment for a term exceeding one year, or with
knowledge or reasonable cause to believe that an offense punishable
by imprisonment for a term exceeding one year is to be committed
therewith, ships, transports, or receives a firearm or any
ammunition in interstate or foreign commerce shall be fined under
this title, or imprisoned not more than ten years, or both.
(c)(1)(A) Except to the extent that a greater minimum sentence is
otherwise provided by this subsection or by any other provision of
law, any person who, during and in relation to any crime of
violence or drug trafficking crime (including a crime of violence
or drug trafficking crime that provides for an enhanced punishment
if committed by the use of a deadly or dangerous weapon or device)
for which the person may be prosecuted in a court of the United
States, uses or carries a firearm, or who, in furtherance of any
such crime, possesses a firearm, shall, in addition to the
punishment provided for such crime of violence or drug trafficking
crime -
(i) be sentenced to a term of imprisonment of not less than 5
years;
(ii) if the firearm is brandished, be sentenced to a term of
imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of
imprisonment of not less than 10 years.

(B) If the firearm possessed by a person convicted of a violation
of this subsection -
(i) is a short-barreled rifle, short-barreled shotgun, or
semiautomatic assault weapon, the person shall be sentenced to a
term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped
with a firearm silencer or firearm muffler, the person shall be
sentenced to a term of imprisonment of not less than 30 years.

(C) In the case of a second or subsequent conviction under this
subsection, the person shall -
(i) be sentenced to a term of imprisonment of not less than 25
years; and
(ii) if the firearm involved is a machinegun or a destructive
device, or is equipped with a firearm silencer or firearm
muffler, be sentenced to imprisonment for life.

(D) Notwithstanding any other provision of law -
(i) a court shall not place on probation any person convicted
of a violation of this subsection; and
(ii) no term of imprisonment imposed on a person under this
subsection shall run concurrently with any other term of
imprisonment imposed on the person, including any term of
imprisonment imposed for the crime of violence or drug
trafficking crime during which the firearm was used, carried, or
possessed.

(2) For purposes of this subsection, the term "drug trafficking
crime" means any felony punishable under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.
(3) For purposes of this subsection the term "crime of violence"
means an offense that is a felony and -
(A) has as an element the use, attempted use, or threatened use
of physical force against the person or property of another, or
(B) that by its nature, involves a substantial risk that
physical force against the person or property of another may be
used in the course of committing the offense.

(4) For purposes of this subsection, the term "brandish" means,
with respect to a firearm, to display all or part of the firearm,
or otherwise make the presence of the firearm known to another
person, in order to intimidate that person, regardless of whether
the firearm is directly visible to that person.
(5) Except to the extent that a greater minimum sentence is
otherwise provided under this subsection, or by any other provision
of law, any person who, during and in relation to any crime of
violence or drug trafficking crime (including a crime of violence
or drug trafficking crime that provides for an enhanced punishment
if committed by the use of a deadly or dangerous weapon or device)
for which the person may be prosecuted in a court of the United
States, uses or carries armor piercing ammunition, or who, in
furtherance of any such crime, possesses armor piercing ammunition,
shall, in addition to the punishment provided for such crime of
violence or drug trafficking crime or conviction under this section
-
(A) be sentenced to a term of imprisonment of not less than 15
years; and
(B) if death results from the use of such ammunition -
(i) if the killing is murder (as defined in section 1111), be
punished by death or sentenced to a term of imprisonment for
any term of years or for life; and
(ii) if the killing is manslaughter (as defined in section
1112), be punished as provided in section 1112.

(d)(1) Any firearm or ammunition involved in or used in any
knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i),
(j), or (k) of section 922, or knowing importation or bringing into
the United States or any possession thereof any firearm or
ammunition in violation of section 922(l), or knowing violation of
section 924, or willful violation of any other provision of this
chapter or any rule or regulation promulgated thereunder, or any
violation of any other criminal law of the United States, or any
firearm or ammunition intended to be used in any offense referred
to in paragraph (3) of this subsection, where such intent is
demonstrated by clear and convincing evidence, shall be subject to
seizure and forfeiture, and all provisions of the Internal Revenue
Code of 1986 relating to the seizure, forfeiture, and disposition
of firearms, as defined in section 5845(a) of that Code, shall, so
far as applicable, extend to seizures and forfeitures under the
provisions of this chapter: Provided, That upon acquittal of the
owner or possessor, or dismissal of the charges against him other
than upon motion of the Government prior to trial, or lapse of or
court termination of the restraining order to which he is subject,
the seized or relinquished firearms or ammunition shall be returned
forthwith to the owner or possessor or to a person delegated by the
owner or possessor unless the return of the firearms or ammunition
would place the owner or possessor or his delegate in violation of
law. Any action or proceeding for the forfeiture of firearms or
ammunition shall be commenced within one hundred and twenty days of
such seizure.
(2)(A) In any action or proceeding for the return of firearms or
ammunition seized under the provisions of this chapter, the court
shall allow the prevailing party, other than the United States, a
reasonable attorney's fee, and the United States shall be liable
therefor.
(B) In any other action or proceeding under the provisions of
this chapter, the court, when it finds that such action was without
foundation, or was initiated vexatiously, frivolously, or in bad
faith, shall allow the prevailing party, other than the United
States, a reasonable attorney's fee, and the United States shall be
liable therefor.
(C) Only those firearms or quantities of ammunition particularly
named and individually identified as involved in or used in any
violation of the provisions of this chapter or any rule or
regulation issued thereunder, or any other criminal law of the
United States or as intended to be used in any offense referred to
in paragraph (3) of this subsection, where such intent is
demonstrated by clear and convincing evidence, shall be subject to
seizure, forfeiture, and disposition.
(D) The United States shall be liable for attorneys' fees under
this paragraph only to the extent provided in advance by
appropriation Acts.
(3) The offenses referred to in paragraphs (1) and (2)(C) of this
subsection are -
(A) any crime of violence, as that term is defined in section
924(c)(3) of this title;
(B) any offense punishable under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.);
(C) any offense described in section 922(a)(1), 922(a)(3),
922(a)(5), or 922(b)(3) of this title, where the firearm or
ammunition intended to be used in any such offense is involved in
a pattern of activities which includes a violation of any offense
described in section 922(a)(1), 922(a)(3), 922(a)(5), or
922(b)(3) of this title;
(D) any offense described in section 922(d) of this title where
the firearm or ammunition is intended to be used in such offense
by the transferor of such firearm or ammunition;
(E) any offense described in section 922(i), 922(j), 922(l),
922(n), or 924(b) of this title; and
(F) any offense which may be prosecuted in a court of the
United States which involves the exportation of firearms or
ammunition.

(e)(1) In the case of a person who violates section 922(g) of
this title and has three previous convictions by any court referred
to in section 922(g)(1) of this title for a violent felony or a
serious drug offense, or both, committed on occasions different
from one another, such person shall be fined under this title and
imprisoned not less than fifteen years, and, notwithstanding any
other provision of law, the court shall not suspend the sentence
of, or grant a probationary sentence to, such person with respect
to the conviction under section 922(g).
(2) As used in this subsection -
(A) the term "serious drug offense" means -
(i) an offense under the Controlled Substances Act (21 U.S.C.
801 et seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or chapter 705 of title 46 for which a
maximum term of imprisonment of ten years or more is prescribed
by law; or
(ii) an offense under State law, involving manufacturing,
distributing, or possessing with intent to manufacture or
distribute, a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)), for which a
maximum term of imprisonment of ten years or more is prescribed
by law;

(B) the term "violent felony" means any crime punishable by
imprisonment for a term exceeding one year, or any act of
juvenile delinquency involving the use or carrying of a firearm,
knife, or destructive device that would be punishable by
imprisonment for such term if committed by an adult, that -
(i) has as an element the use, attempted use, or threatened
use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of
explosives, or otherwise involves conduct that presents a
serious potential risk of physical injury to another; and

(C) the term "conviction" includes a finding that a person has
committed an act of juvenile delinquency involving a violent
felony.

(f) In the case of a person who knowingly violates section
922(p), such person shall be fined under this title, or imprisoned
not more than 5 years, or both.
(g) Whoever, with the intent to engage in conduct which -
(1) constitutes an offense listed in section 1961(1),
(2) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46,
(3) violates any State law relating to any controlled substance
(as defined in section 102(6) of the Controlled Substances Act
(21 U.S.C. 802(6))), or
(4) constitutes a crime of violence (as defined in subsection
(c)(3)),

travels from any State or foreign country into any other State and
acquires, transfers, or attempts to acquire or transfer, a firearm
in such other State in furtherance of such purpose, shall be
imprisoned not more than 10 years, fined in accordance with this
title, or both.
(h) Whoever knowingly transfers a firearm, knowing that such
firearm will be used to commit a crime of violence (as defined in
subsection (c)(3)) or drug trafficking crime (as defined in
subsection (c)(2)) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both.
(i)(1) A person who knowingly violates section 922(u) shall be
fined under this title, imprisoned not more than 10 years, or both.
(2) Nothing contained in this subsection shall be construed as
indicating an intent on the part of Congress to occupy the field in
which provisions of this subsection operate to the exclusion of
State laws on the same subject matter, nor shall any provision of
this subsection be construed as invalidating any provision of State
law unless such provision is inconsistent with any of the purposes
of this subsection.
(j) A person who, in the course of a violation of subsection (c),
causes the death of a person through the use of a firearm, shall -
(1) if the killing is a murder (as defined in section 1111), be
punished by death or by imprisonment for any term of years or for
life; and
(2) if the killing is manslaughter (as defined in section
1112), be punished as provided in that section.

(k) A person who, with intent to engage in or to promote conduct
that -
(1) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
(2) violates any law of a State relating to any controlled
substance (as defined in section 102 of the Controlled Substances
Act, 21 U.S.C. 802); or
(3) constitutes a crime of violence (as defined in subsection
(c)(3)),

smuggles or knowingly brings into the United States a firearm, or
attempts to do so, shall be imprisoned not more than 10 years,
fined under this title, or both.
(l) A person who steals any firearm which is moving as, or is a
part of, or which has moved in, interstate or foreign commerce
shall be imprisoned for not more than 10 years, fined under this
title, or both.
(m) A person who steals any firearm from a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector shall
be fined under this title, imprisoned not more than 10 years, or
both.
(n) A person who, with the intent to engage in conduct that
constitutes a violation of section 922(a)(1)(A), travels from any
State or foreign country into any other State and acquires, or
attempts to acquire, a firearm in such other State in furtherance
of such purpose shall be imprisoned for not more than 10 years.
(o) A person who conspires to commit an offense under subsection
(c) shall be imprisoned for not more than 20 years, fined under
this title, or both; and if the firearm is a machinegun or
destructive device, or is equipped with a firearm silencer or
muffler, shall be imprisoned for any term of years or life.
(p) Penalties Relating To Secure Gun Storage or Safety Device. -
(1) In general. -
(A) Suspension or revocation of license; civil penalties. -
With respect to each violation of section 922(z)(1) by a
licensed manufacturer, licensed importer, or licensed dealer,
the Secretary may, after notice and opportunity for hearing -
(i) suspend for not more than 6 months, or revoke, the
license issued to the licensee under this chapter that was
used to conduct the firearms transfer; or
(ii) subject the licensee to a civil penalty in an amount
equal to not more than $2,500.

(B) Review. - An action of the Secretary under this paragraph
may be reviewed only as provided under section 923(f).

(2) Administrative remedies. - The suspension or revocation of
a license or the imposition of a civil penalty under paragraph
(1) shall not preclude any administrative remedy that is
otherwise available to the Secretary.

-SOURCE-
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
233; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1223; Pub. L. 91-644, title II, Sec. 13, Jan. 2, 1971, 84
Stat. 1889; Pub. L. 98-473, title II, Secs. 223(a), 1005(a), Oct.
12, 1984, 98 Stat. 2028, 2138; Pub. L. 99-308, Sec. 104(a), May 19,
1986, 100 Stat. 456; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 99-570, title I, Sec. 1402, Oct. 27, 1986, 100
Stat. 3207-39; Pub. L. 100-649, Sec. 2(b), (f)(2)(B), (D), Nov. 10,
1988, 102 Stat. 3817, 3818; Pub. L. 100-690, title VI, Secs. 6211,
6212, 6451, 6460, 6462, title VII, Secs. 7056, 7060(a), Nov. 18,
1988, 102 Stat. 4359, 4360, 4371, 4373, 4374, 4402, 4403; Pub. L.
101-647, title XI, Sec. 1101, title XVII, Sec. 1702(b)(3), title
XXII, Secs. 2203(d), 2204(c), title XXXV, Secs. 3526-3529, Nov. 29,
1990, 104 Stat. 4829, 4845, 4857, 4924; Pub. L. 103-159, title I,
Sec. 102(c), title III, Sec. 302(d), Nov. 30, 1993, 107 Stat. 1541,
1545; Pub. L. 103-322, title VI, Sec. 60013, title XI, Secs.
110102(c), 110103(c), 110105(2), 110201(b), 110401(e), 110503,
110504(a), 110507, 110510, 110515(a), 110517, 110518(a), title
XXXIII, Secs. 330002(h), 330003(f)(2), 330011(i), (j),
330016(1)(H), (K), (L), Sept. 13, 1994, 108 Stat. 1973, 1998-2000,
2011, 2015, 2016, 2018-2020, 2140, 2141, 2145, 2147; Pub. L. 104-
294, title VI, Sec. 603(m)(1), (n)-(p)(1), (q)-(s), Oct. 11, 1996,
110 Stat. 3505; Pub. L. 105-386, Sec. 1(a), Nov. 13, 1998, 112
Stat. 3469; Pub. L. 107-273, div. B, title IV, Sec. 4002(d)(1)(E),
div. C, title I, Sec. 11009(e)(3), Nov. 2, 2002, 116 Stat. 1809,
1821; Pub. L. 108-174, Sec. 1(2), (3), Dec. 9, 2003, 117 Stat.
2481; Pub. L. 109-92, Secs. 5(c)(2), 6(b), Oct. 26, 2005, 119 Stat.
2100, 2102; Pub. L. 109-304, Sec. 17(d)(3), Oct. 6, 2006, 120 Stat.
1707.)


-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 100-649, Sec. 2(f)(2)(B), (D), Nov. 10, 1988, 102 Stat.
3818, as amended by Pub. L. 101-647, title XXXV, Sec. 3526(b), Nov.
29, 1990, 104 Stat. 4924; Pub. L. 105-277, div. A, Sec. 101(h)
[title VI, Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528;
Pub. L. 108-174, Sec. 1, Dec. 9, 2003, 117 Stat. 2481, provided
that, effective 25 years after the 30th day beginning after Nov.
10, 1988, subsection (a)(1) of this section is amended by striking
"this subsection, subsection (b), (c), or (f) of this section, or
in section 929" and inserting "this chapter", subsection (f) of
this section is repealed, and subsections (g) through (o) of this
section are redesignated as subsections (f) through (n),
respectively, of this section.

-REFTEXT-
REFERENCES IN TEXT
The Internal Revenue Code of 1986, referred to in subsec. (d)(1),
is set out as Title 26, Internal Revenue Code.
Section 5845(a) of that Code, referred to in subsec. (d)(1), is
classified to section 5845(a) of Title 26.
The Controlled Substances Act, referred to in subsecs. (c)(2),
(d)(3)(B), (e)(2)(A)(i), (g)(2), and (k)(1), is title II of Pub. L.
91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is
classified principally to subchapter I (Sec. 801 et seq.) of
chapter 13 of Title 21, Food and Drugs. For complete classification
of this Act to the Code, see Short Title note set out under section
801 of Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsecs. (c)(2), (d)(3)(B), (e)(2)(A)(i), (g)(2), and (k)(1), is
title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as
amended, which is classified principally to subchapter II (Sec. 951
et seq.) of chapter 13 of Title 21. For complete classification of
this Act to the Code, see Short Title note set out under section
951 of Title 21 and Tables.


-MISC1-
AMENDMENTS
2006 - Subsecs. (c)(2), (e)(2)(A)(i). Pub. L. 109-304, Sec.
17(d)(3)(A), substituted "chapter 705 of title 46" for "the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)".
Subsec. (g)(2). Pub. L. 109-304, Sec. 17(d)(3), substituted "801
et seq." for "802 et seq." and "chapter 705 of title 46" for "the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)".
Subsec. (k)(1). Pub. L. 109-304, Sec. 17(d)(3)(A), substituted
"chapter 705 of title 46" for "the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1901 et seq.)".
2005 - Subsec. (a)(1). Pub. L. 109-92, Sec. 5(c)(2)(A),
substituted "(f), or (p)" for "or (f)" in introductory provisions.
Subsec. (c)(5). Pub. L. 109-92, Sec. 6(b), added par. (5).
Subsec. (p). Pub. L. 109-92, Sec. 5(c)(2)(B), added subsec. (p).
2002 - Subsec. (a)(7). Pub. L. 107-273, Sec. 11009(e)(3), added
par. (7).
Subsec. (e)(1). Pub. L. 107-273, Sec. 4002(d)(1)(E), substituted
"under this title" for "not more than $25,000".
1998 - Subsec. (c)(1). Pub. L. 105-386, Sec. 1(a)(1), added par.
(1) and struck out former par. (1) which read as follows: "Whoever,
during and in relation to any crime of violence or drug trafficking
crime (including a crime of violence or drug trafficking crime
which provides for an enhanced punishment if committed by the use
of a deadly or dangerous weapon or device) for which he may be
prosecuted in a court of the United States, uses or carries a
firearm, shall, in addition to the punishment provided for such
crime of violence or drug trafficking crime, be sentenced to
imprisonment for five years, and if the firearm is a short-barreled
rifle, short-barreled shotgun, or semiautomatic assault weapon, to
imprisonment for ten years, and if the firearm is a machinegun, or
a destructive device, or is equipped with a firearm silencer or
firearm muffler, to imprisonment for thirty years. In the case of
his second or subsequent conviction under this subsection, such
person shall be sentenced to imprisonment for twenty years, and if
the firearm is a machinegun, or a destructive device, or is
equipped with a firearm silencer or firearm muffler, to life
imprisonment without release. Notwithstanding any other provision
of law, the court shall not place on probation or suspend the
sentence of any person convicted of a violation of this subsection,
nor shall the term of imprisonment imposed under this subsection
run concurrently with any other term of imprisonment including that
imposed for the crime of violence or drug trafficking crime in
which the firearm was used or carried."
Subsec. (c)(4). Pub. L. 105-386, Sec. 1(a)(2), added par. (4).
1996 - Subsec. (a)(1)(B). Pub. L. 104-294, Sec. 603(n), repealed
Pub. L. 103-322, Sec. 330002(h). See 1994 Amendment note below.
Pub. L. 104-294, Sec. 603(m)(1)(A), amended directory language of
Pub. L. 103-322, Sec. 110507. See 1994 Amendment note below.
Subsec. (a)(2). Pub. L. 104-294, Sec. 603(m)(1)(B), amended
directory language of Pub. L. 103-322, Sec. 110507(2). See 1994
Amendment note below.
Subsec. (a)(5), (6). Pub. L. 104-294, Sec. 603(o), redesignated
par. (5), relating to punishment for juveniles, as (6).
Subsec. (c)(1). Pub. L. 104-294, Sec. 603(p)(1), amended
directory language of Pub. L. 103-322, Sec. 110102(c)(2). See 1994
Amendment note below.
Subsec. (i). Pub. L. 104-294, Sec. 603(r), redesignated subsec.
(i), relating to death penalty for gun murders, as (j).
Subsec. (j). Pub. L. 104-294, Sec. 603(r), redesignated subsec.
(i) as (j). Former subsec. (j) redesignated (k).
Subsec. (j)(3). Pub. L. 104-294, Sec. 603(q), inserted closing
parenthesis before comma at end.
Subsec. (k). Pub. L. 104-294, Sec. 603(r), redesignated subsec.
(j) as (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 104-294, Sec. 603(s), amended directory
language of Pub. L. 103-322, Sec. 110504. See 1994 Amendment note
below.
Pub. L. 104-294, Sec. 603(r), redesignated subsec. (k) as (l).
Former subsec. (l) redesignated (m).
Subsecs. (m) to (o). Pub. L. 104-294, Sec. 603(r), redesignated
subsecs. (l) to (n) as (m) to (o), respectively.
1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 330016(1)(K),
substituted "fined under this title" for "fined not more than
$5,000" in concluding provisions.
Pub. L. 103-322, Sec. 330011(i), amended directory language of
Pub. L. 101-647, Sec. 3528. See 1990 Amendment note below.
Pub. L. 103-322, Sec. 110201(b)(1), which directed the striking
of "paragraph (2) or (3) of" in subsec. (a)(1), could not be
executed because of prior amendment by Pub. L. 103-159. See 1993
Amendment note below.
Subsec. (a)(1)(B). Pub. L. 103-322, Sec. 330002(h), which
directed amendment of subpar. (B) by substituting "(r)" for "(q)",
was repealed by Pub. L. 104-294, Sec. 603(n), which provided that
Sec. 330002(h) shall be considered never to have been enacted.
Pub. L. 103-322, Sec. 110507(1), as amended by Pub. L. 104-294,
Sec. 603(m)(1)(A), struck out "(a)(6)," after "(a)(4),".
Pub. L. 103-322, Sec. 110103(c), which substituted "(v), or (w)"
for "or (v)", was repealed by Pub. L. 103-322, Sec. 110105(2). See
Effective and Termination Dates of 1994 Amendment note below.
Pub. L. 103-322, Sec. 110102(c)(1), which substituted "(r), or
(v) of section 922" for "or (q) of section 922", was repealed by
Pub. L. 103-322, Sec. 110105(2). See Effective and Termination
Dates of 1994 Amendment note below.
Subsec. (a)(2). Pub. L. 103-322, Sec. 110507(2), as amended by
Pub. L. 104-294, Sec. 603(m)(1)(B), inserted "(a)(6)," after
"subsection".
Subsec. (a)(3). Pub. L. 103-322, Sec. 330016(1)(H), substituted
"fined under this title" for "fined not more than $1,000".
Subsec. (a)(4). Pub. L. 103-322, Sec. 330016(1)(K), substituted
"fined under this title" for "fined not more than $5,000".
Subsec. (a)(5). Pub. L. 103-322, Sec. 330016(1)(H), substituted
"fined under this title" for "fined not more than $1,000" in par.
(5) relating to knowing violations of subsec. (s) or (t) of section
922.
Pub. L. 103-322, Sec. 110201(b)(2), added par. (5) relating to
punishment for juveniles.
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted
"fined under this title" for "fined not more than $10,000".
Subsec. (c)(1). Pub. L. 103-322, Sec. 330011(j), amended
directory language of Pub. L. 101-647, Sec. 3527. See 1990
Amendment note below.
Pub. L. 103-322, Sec. 110510(b), which directed the amendment of
subsec. (c)(1) by striking "No person sentenced under this
subsection shall be eligible for parole during the term of
imprisonment imposed under this subsection.", was executed by
striking the last sentence, which read "No person sentenced under
this subsection shall be eligible for parole during the term of
imprisonment imposed herein.", to reflect the probable intent of
Congress.
Pub. L. 103-322, Secs. 110102(c)(2), 110105(2), as amended by
Pub. L. 104-294, Sec. 603(p)(1), temporarily amended subsec. (c)(1)
by inserting ", or semiautomatic assault weapon," after "short-
barreled shotgun". See Effective and Termination Dates of 1994
Amendment note below.
Subsec. (d)(1). Pub. L. 103-322, Sec. 110401(e), substituted "or
lapse of or court termination of the restraining order to which he
is subject, the seized or relinquished firearms" for "the seized
firearms".
Subsec. (e)(1). Pub. L. 103-322, Sec. 110510(a), struck out
before period at end ", and such person shall not be eligible for
parole with respect to the sentence imposed under this subsection".
Subsec. (e)(2)(A)(i). Pub. L. 103-322, Sec. 330003(f)(2),
substituted "the Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.)" for "the first section or section 3 of Public Law 96-
350 (21 U.S.C. 955a et seq.)".
Subsec. (i). Pub. L. 103-322, Sec. 60013, added subsec. (i)
relating to death penalty for gun murders.
Subsec. (i)(1). Pub. L. 103-322, Sec. 330016(1)(L), substituted
"fined under this title" for "fined not more than $10,000" in par.
(1) of subsec. (i) relating to knowing violations of section
922(u).
Subsec. (j). Pub. L. 103-322, Sec. 110503, added subsec. (j).
Subsec. (k). Pub. L. 103-322, Sec. 110504(a), as amended by Pub.
L. 104-294, Sec. 603(s), added subsec. (k).
Subsec. (l). Pub. L. 103-322, Sec. 110515(a), added subsec. (l).
Subsec. (m). Pub. L. 103-322, Sec. 110517, added subsec. (m).
Subsec. (n). Pub. L. 103-322, Sec. 110518(a), added subsec. (n).
1993 - Subsec. (a)(1). Pub. L. 103-159, Sec. 102(c)(1), struck
out "paragraph (2) or (3) of" before "this subsection" in
introductory provisions.
Subsec. (a)(5). Pub. L. 103-159, Sec. 102(c)(2), added par. (5).
Subsec. (i). Pub. L. 103-159, Sec. 302(d), added subsec. (i).
1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 3528, as amended by
Pub. L. 103-322, Sec. 330011(i), substituted "(3) of this
subsection" for "3 of this subsection" in introductory provisions.
Pub. L. 101-647, Sec. 2203(d), struck out ", and shall become
eligible for parole as the Parole Commission shall determine"
before period at end.
Subsec. (a)(1)(B). Pub. L. 101-647, Sec. 2204(c), substituted
"(k), or (q)" for "or (k)".
Subsec. (a)(2). Pub. L. 101-647, Sec. 3529(1), substituted
"subsection" for "subsections" and inserted a comma after "10
years".
Subsec. (a)(3). Pub. L. 101-647, Sec. 2203(d), struck out ", and
shall become eligible for parole as the Parole Commission shall
determine" before period at end.
Subsec. (a)(4). Pub. L. 101-647, Sec. 1702(b)(3), added par. (4).
Subsec. (c)(1). Pub. L. 101-647, Sec. 3527, as amended by Pub. L.
103-322, Sec. 330011(j), struck out "imprisonment for" before "life
imprisonment without release".
Pub. L. 101-647, Sec. 1101(2), which directed amendment of first
sentence by "inserting 'or a destructive device,' after 'a
machinegun,' wherever the term 'machine gun' appears, in section
924(c)(1)", was executed by inserting the new language after "a
machinegun," once in the first sentence and once in the second
sentence to reflect the probable intent of Congress.
Pub. L. 101-647, Sec. 1101(1), inserted "and if the firearm is a
short-barreled rifle, short-barreled shotgun to imprisonment for
ten years," after "sentenced to imprisonment for five years,".
Subsec. (e)(2). Pub. L. 101-647, Sec. 3529(2), (3), struck out
"and" at end of subpar. (A)(ii) and substituted "; and" for period
at end of subpar. (B)(ii).
Subsecs. (f) to (h). Pub. L. 101-647, Sec. 3526(a), redesignated
subsec. (f) relating to punishment for traveling from any State or
foreign country into another State to obtain firearms for drug
trafficking purposes as subsec. (g) and redesignated former subsec.
(g) as (h).
1988 - Subsec. (a). Pub. L. 100-690, Sec. 6462, in par. (1),
inserted "or 3" and substituted ", (c), or (f)" for "or (c)" in
introductory provisions and struck out "(g), (i), (j)," after
"(f)," in subpar. (B), added par. (2), and redesignated former par.
(2) as (3).
Subsec. (c)(1). Pub. L. 100-690, Sec. 7060(a), substituted "crime
(including a crime of violence or drug trafficking crime which" for
"crime,, including a crime of violence or drug trafficking crime,
which", "device) for" for "device, for", "crime, be sentenced" for
"crime,, be sentenced", and "crime in which" for "crime, or drug
trafficking crime in which".
Pub. L. 100-690, Sec. 6460(1), (2)(A), substituted "thirty years.
In" for "ten years. In" and "twenty years, and if" for "ten years,
and if".
Pub. L. 100-690, Sec. 6460(2)(B), which directed amendment of
subsec. (c)(1) by striking "20 years" and inserting "life
imprisonment without release" was executed by substituting "life
imprisonment without release" for "twenty years" to reflect the
probable intent of Congress because "20 years" did not appear.
Subsec. (c)(2). Pub. L. 100-690, Sec. 6212, amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "For
purposes of this subsection, the term 'drug trafficking crime'
means any felony violation of Federal law involving the
distribution, manufacture, or importation of any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802))."
Subsec. (e)(1). Pub. L. 100-690, Sec. 7056, inserted "committed
on occasions different from one another," after "or both,".
Subsec. (e)(2)(B). Pub. L. 100-690, Sec. 6451(1), inserted ", or
any act of juvenile delinquency involving the use or carrying of a
firearm, knife, or destructive device that would be punishable by
imprisonment for such term if committed by an adult," after "one
year".
Subsec. (e)(2)(C). Pub. L. 100-690, Sec. 6451(2), added subpar.
(C).
Subsec. (f). Pub. L. 100-690, Sec. 6211, added subsec. (f)
relating to punishment for traveling from any State or foreign
country into another State to obtain firearms for drug trafficking
purposes.
Pub. L. 100-649, Sec. 2(b)(2), added subsec. (f) relating to
penalty for violating section 922(p).
Subsec. (g). Pub. L. 100-690, Sec. 6211, added subsec. (g).
1986 - Subsec. (a). Pub. L. 99-308, Sec. 104(a)(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a) read as
follows: "Whoever violates any provision of this chapter or
knowingly makes any false statement or representation with respect
to the information required by the provisions of this chapter to be
kept in the records of a person licensed under this chapter, or in
applying for any license or exemption or relief from disability
under the provisions of this chapter, shall be fined not more than
$5,000, or imprisoned not more than five years, or both, and shall
become eligible for parole as the Board of Parole shall determine."
Subsec. (c)(1). Pub. L. 99-308, Sec. 104(a)(2)(C)-(E), designated
existing provision as par. (1), and substituted "violence or drug
trafficking crime," for "violence" in four places and inserted ",
and if the firearm is a machinegun, or is equipped with a firearm
silencer or firearm muffler, to imprisonment for ten years" after
"five years", ", and if the firearm is a machinegun, or is equipped
with a firearm silencer or firearm muffler, to imprisonment for
twenty years" after "ten years", and "or drug trafficking crime"
before "in which the firearm was used or carried".
Subsec. (c)(2), (3). Pub. L. 99-308, Sec. 104(a)(2)(F), added
pars. (2) and (3).
Subsec. (d). Pub. L. 99-308, Sec. 104(a)(3), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "Any
firearm or ammunition involved in or used or intended to be used
in, any violation of the provisions of this chapter or any rule or
regulation promulgated thereunder, or any violation of any other
criminal law of the United States, shall be subject to seizure and
forfeiture and all provisions of the Internal Revenue Code of 1954
relating to the seizure, forfeiture, and disposition of firearms,
as defined in section 5845(a) of that Code, shall, so far as
applicable, extend to seizures and forfeitures under the provisions
of this chapter."
Subsec. (d)(1). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Subsec. (e). Pub. L. 99-308, Sec. 104(a)(4), added subsec. (e).
Subsec. (e)(1). Pub. L. 99-570, Sec. 1402(a), substituted "for a
violent felony or a serious drug offense, or both" for "for robbery
or burglary, or both".
Subsec. (e)(2). Pub. L. 99-570, Sec. 1402(b), amended par. (2)
generally, substituting provisions defining terms "serious drug
offense" and "violent felony" for provisions defining "robbery" and
"burglary".
1984 - Subsec. (a). Pub. L. 98-473, Sec. 223(a), which directed
amendment of subsec. (a) by striking out ", and shall become
eligible for parole as the Board of Parole shall determine"
effective Nov. 1, 1987, pursuant to section 235 of Pub. L. 98-473,
as amended, could not be executed because quoted language no longer
appears due to general amendment of subsec. (a) by Pub. L. 99-308,
Sec. 104(a)(1). See 1986 Amendment note above.
Subsec. (c). Pub. L. 98-473, Sec. 1005(a), amended subsec. (c)
generally, substituting provisions setting forth mandatory,
determinate sentence for persons who use or carry firearms during
and in relation to any Federal crime of violence for provisions
setting out a minimum sentencing scheme for the use or carrying,
unlawfully, of a firearm during a Federal felony.
1971 - Subsec. (c). Pub. L. 91-644, in first sentence,
substituted "felony for which he" for "felony which" in items (1)
and (2) and inserted ", in addition to the punishment provided for
the commission of such felony," before "be sentenced", and in
second sentence substituted "for not less than two nor more than
twenty-five years" for "for not less than five years nor more than
25 years", inserted "in the case of a second or subsequent
conviction" after "suspend the sentence", and prohibited term of
imprisonment imposed under this subsec. to run concurrently with
any term for commission of the felony.
1968 - Subsec. (a). Pub. L. 90-618 inserted provision authorizing
the Board of Parole to grant parole to a person convicted under
this chapter.
Subsec. (b). Pub. L. 90-618 inserted "or any ammunition" after "a
firearm".
Subsecs. (c), (d). Pub. L. 90-618 added subsec. (c), redesignated
former subsec. (c) as (d), and as so redesignated, substituted
"section 5845(a) of that Code" for "section 5848(1) of said Code".

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 5(c)(2) of Pub. L. 109-92 effective 180 days
after Oct. 26, 2005, see section 5(d) of Pub. L. 109-92, set out as
a note under section 922 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT
Section 603(m)(2) of Pub. L. 104-294 provided that: "The
amendments made by paragraph (1) [amending this section] shall take
effect as if the amendments had been included in section 110507 of
the Act referred to in paragraph (1) [Pub. L. 103-322] on the date
of the enactment of such Act [Sept. 13, 1994]."
Section 603(p)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if the amendment had been included in section
110102(c)(2) of the Act referred to in paragraph (1) [Pub. L. 103-
322] on the date of the enactment of such Act [Sept. 13, 1994]."

EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT
Amendment by sections 110102(c) and 110103(c) of Pub. L. 103-322
repealed 10 years after Sept. 13, 1994, see section 110105(2) of
Pub. L. 103-322, formerly set out as a note under section 921 of
this title.
Section 330011(i) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section
3528 of Pub. L. 101-647 took effect.
Section 330011(j) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section
3527 of Pub. L. 101-647 took effect.

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 1702(b)(3) of Pub. L. 101-647 applicable to
conduct engaged in after end of 60-day period beginning on Nov. 29,
1990, see section 1702(b)(4) of Pub. L. 101-647, set out as a note
under section 921 of this title.
Section 2203(d) of Pub. L. 101-647 provided that the amendment by
that section is effective with respect to any offense committed
after Nov. 1, 1987.

EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET PROVISION
Amendment by section 2(b) of Pub. L. 100-649 effective 30th day
beginning after Nov. 10, 1988, and amendment by section 2(f)(2)(B),
(D) effective 25 years after such effective date, see section 2(f)
of Pub. L. 100-649, as amended, set out as a note under section 922
of this title.

EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-308 effective 180 days after May 19,
1986, see section 110(a) of Pub. L. 99-308, set out as a note under
section 921 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 223(a) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking
effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
set out as an Effective Date note under section 3551 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section
105 of Pub. L. 90-618, set out as a note under section 921 of this
title.

-End-



-CITE-
18 USC Sec. 925 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 925. Exceptions: Relief from disabilities

-STATUTE-
(a)(1) The provisions of this chapter, except for sections
922(d)(9) and 922(g)(9) and provisions relating to firearms subject
to the prohibitions of section 922(p), shall not apply with respect
to the transportation, shipment, receipt, possession, or
importation of any firearm or ammunition imported for, sold or
shipped to, or issued for the use of, the United States or any
department or agency thereof or any State or any department,
agency, or political subdivision thereof.
(2) The provisions of this chapter, except for provisions
relating to firearms subject to the prohibitions of section 922(p),
shall not apply with respect to (A) the shipment or receipt of
firearms or ammunition when sold or issued by the Secretary of the
Army pursuant to section 4308 of title 10 before the repeal of such
section by section 1624(a) of the Corporation for the Promotion of
Rifle Practice and Firearms Safety Act, and (B) the transportation
of any such firearm or ammunition carried out to enable a person,
who lawfully received such firearm or ammunition from the Secretary
of the Army, to engage in military training or in competitions.
(3) Unless otherwise prohibited by this chapter, except for
provisions relating to firearms subject to the prohibitions of
section 922(p), or any other Federal law, a licensed importer,
licensed manufacturer, or licensed dealer may ship to a member of
the United States Armed Forces on active duty outside the United
States or to clubs, recognized by the Department of Defense, whose
entire membership is composed of such members, and such members or
clubs may receive a firearm or ammunition determined by the
Attorney General to be generally recognized as particularly
suitable for sporting purposes and intended for the personal use of
such member or club.
(4) When established to the satisfaction of the Attorney General
to be consistent with the provisions of this chapter, except for
provisions relating to firearms subject to the prohibitions of
section 922(p), and other applicable Federal and State laws and
published ordinances, the Attorney General may authorize the
transportation, shipment, receipt, or importation into the United
States to the place of residence of any member of the United States
Armed Forces who is on active duty outside the United States (or
who has been on active duty outside the United States within the
sixty day period immediately preceding the transportation,
shipment, receipt, or importation), of any firearm or ammunition
which is (A) determined by the Attorney General to be generally
recognized as particularly suitable for sporting purposes, or
determined by the Department of Defense to be a type of firearm
normally classified as a war souvenir, and (B) intended for the
personal use of such member.
(5) For the purpose of paragraph (3) of this subsection, the term
"United States" means each of the several States and the District
of Columbia.
(b) A licensed importer, licensed manufacturer, licensed dealer,
or licensed collector who is indicted for a crime punishable by
imprisonment for a term exceeding one year, may, notwithstanding
any other provision of this chapter, continue operation pursuant to
his existing license (if prior to the expiration of the term of the
existing license timely application is made for a new license)
during the term of such indictment and until any conviction
pursuant to the indictment becomes final.
(c) A person who is prohibited from possessing, shipping,
transporting, or receiving firearms or ammunition may make
application to the Attorney General for relief from the
disabilities imposed by Federal laws with respect to the
acquisition, receipt, transfer, shipment, transportation, or
possession of firearms, and the Attorney General may grant such
relief if it is established to his satisfaction that the
circumstances regarding the disability, and the applicant's record
and reputation, are such that the applicant will not be likely to
act in a manner dangerous to public safety and that the granting of
the relief would not be contrary to the public interest. Any person
whose application for relief from disabilities is denied by the
Attorney General may file a petition with the United States
district court for the district in which he resides for a judicial
review of such denial. The court may in its discretion admit
additional evidence where failure to do so would result in a
miscarriage of justice. A licensed importer, licensed manufacturer,
licensed dealer, or licensed collector conducting operations under
this chapter, who makes application for relief from the
disabilities incurred under this chapter, shall not be barred by
such disability from further operations under his license pending
final action on an application for relief filed pursuant to this
section. Whenever the Attorney General grants relief to any person
pursuant to this section he shall promptly publish in the Federal
Register notice of such action, together with the reasons therefor.
(d) The Attorney General shall authorize a firearm or ammunition
to be imported or brought into the United States or any possession
thereof if the firearm or ammunition -
(1) is being imported or brought in for scientific or research
purposes, or is for use in connection with competition or
training pursuant to chapter 401 of title 10;
(2) is an unserviceable firearm, other than a machinegun as
defined in section 5845(b) of the Internal Revenue Code of 1986
(not readily restorable to firing condition), imported or brought
in as a curio or museum piece;
(3) is of a type that does not fall within the definition of a
firearm as defined in section 5845(a) of the Internal Revenue
Code of 1986 and is generally recognized as particularly suitable
for or readily adaptable to sporting purposes, excluding surplus
military firearms, except in any case where the Attorney General
has not authorized the importation of the firearm pursuant to
this paragraph, it shall be unlawful to import any frame,
receiver, or barrel of such firearm which would be prohibited if
assembled; or
(4) was previously taken out of the United States or a
possession by the person who is bringing in the firearm or
ammunition.

The Attorney General shall permit the conditional importation or
bringing in of a firearm or ammunition for examination and testing
in connection with the making of a determination as to whether the
importation or bringing in of such firearm or ammunition will be
allowed under this subsection.
(e) Notwithstanding any other provision of this title, the
Attorney General shall authorize the importation of, by any
licensed importer, the following:
(1) All rifles and shotguns listed as curios or relics by the
Attorney General pursuant to section 921(a)(13), and
(2) All handguns, listed as curios or relics by the Attorney
General pursuant to section 921(a)(13), provided that such
handguns are generally recognized as particularly suitable for or
readily adaptable to sporting purposes.

(f) The Attorney General shall not authorize, under subsection
(d), the importation of any firearm the importation of which is
prohibited by section 922(p).

-SOURCE-
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
233; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1224; Pub. L. 98-573, title II, Sec. 233, Oct. 30, 1984, 98
Stat. 2991; Pub. L. 99-308, Sec. 105, May 19, 1986, 100 Stat. 459;
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-
649, Sec. 2(c), (f)(2)(C), (E), Nov. 10, 1988, 102 Stat. 3817,
3818; Pub. L. 101-647, title XXII, Sec. 2203(b), (c), Nov. 29,
1990, 104 Stat. 4857; Pub. L. 104-106, div. A, title XVI, Sec.
1624(b)(3), Feb. 10, 1996, 110 Stat. 522; Pub. L. 104-208, div. A,
title I, Sec. 101(f) [title VI, Sec. 658(d)], Sept. 30, 1996, 110
Stat. 3009-314, 3009-372; Pub. L. 104-294, title VI, Sec. 607(c),
Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107-296, title XI, Sec.
1112(f)(6), Nov. 25, 2002, 116 Stat. 2276; Pub. L. 108-174, Sec.
1(3), Dec. 9, 2003, 117 Stat. 2481.)


-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 100-649, Sec. 2(f)(2)(C), (E), Nov. 10, 1988, 102 Stat.
3818, as amended by Pub. L. 105-277, div. A, Sec. 101(h) [title VI,
Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528; Pub. L. 108-
174, Sec. 1(1), (3), Dec. 9, 2003, 117 Stat. 2481, provided that,
effective 25 years after the 30th day beginning after Nov. 10,
1988, subsection (a) of this section is amended by striking "and
provisions relating to firearms subject to the prohibitions of
section 922(p)" in par. (1), striking ", except for provisions
relating to firearms subject to the prohibitions of section
922(p)," in par. (2), and striking "except for provisions relating
to firearms subject to the prohibitions of section 922(p)," in
pars. (3) and (4) and subsection (f) of this section is repealed.

-REFTEXT-
REFERENCES IN TEXT
Section 4308 of title 10 before the repeal of such section by
section 1624(a) of the Corporation for the Promotion of Rifle
Practice and Firearms Safety Act, referred to in subsec. (a)(2)(A),
means section 4308 of Title 10, Armed Forces, prior to repeal by
section 1624(a)(1) of Pub. L. 104-106, div. A, title XVI, Feb. 10,
1996, 110 Stat. 522.
Section 5845(b) of the Internal Revenue Code of 1986, referred to
in subsec. (d)(2), is classified to section 5845(b) of Title 26,
Internal Revenue Code.
Section 5845(a) of the Internal Revenue Code of 1986, referred to
in subsec. (d)(3), is classified to section 5845(a) of Title 26.


-MISC1-
AMENDMENTS
2002 - Subsecs. (a), (c) to (f). Pub. L. 107-296, which directed
amendment of this section by substituting "Attorney General" for
"Secretary" wherever appearing, was executed by making the
substitution wherever appearing in subsecs. (a)(4) and (c) to (f),
by not making the substitution for "Secretary of the Army" in
subsec. (a)(2), and by substituting "Attorney General" for
"Secretary of the Treasury" in subsec. (a)(3), to reflect the
probable intent of Congress.
1996 - Subsec. (a)(1). Pub. L. 104-208 inserted "sections
922(d)(9) and 922(g)(9) and" after "except for".
Subsec. (a)(2)(A). Pub. L. 104-106 inserted "before the repeal of
such section by section 1624(a) of the Corporation for the
Promotion of Rifle Practice and Firearms Safety Act" after "section
4308 of title 10".
Subsec. (a)(5). Pub. L. 104-294 substituted "For the purpose of
paragraph (3)" for "For the purpose of paragraphs (3) and (4)".
1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 2203(b), inserted
"possession," before "or importation".
Subsec. (c). Pub. L. 101-647, Sec. 2203(c), substituted
"regarding the disability" for "regarding the conviction" and
"barred by such disability" for "barred by such conviction" and
struck out "by reason of such a conviction" after "incurred under
this chapter".
1988 - Subsec. (a). Pub. L. 100-649, Sec. 2(c)(1), inserted ",
except for provisions relating to firearms subject to the
prohibitions of section 922(p)," after "chapter" in pars. (1) to
(4).
Subsec. (f). Pub. L. 100-649, Sec. 2(c)(2), added subsec. (f).
1986 - Subsec. (c). Pub. L. 99-308, Sec. 105(1), substituted "is
prohibited from possessing, shipping, transporting, or receiving
firearms or ammunition" for "has been convicted of a crime
punishable by imprisonment for a term exceeding one year (other
than a crime involving the use of a firearm or other weapon or a
violation of this chapter or of the National Firearms Act)" and
"shipment, transportation, or possession of firearms, and" for
"shipment, or possession of firearms and incurred by reason of such
conviction, and" and inserted provision that any person whose
application for relief has been denied may file for judicial relief
of such denial and that the court may admit additional evidence to
avoid a miscarriage of justice.
Subsec. (d). Pub. L. 99-308, Sec. 105(2)(A), (B), (D), in
provision preceding par. (1) substituted "shall authorize" for "may
authorize" and struck out "the person importing or bringing in the
firearm or ammunition establishes to the satisfaction of the
Secretary that" after "thereof if", and in provision following par.
(4) substituted "shall permit" for "may permit".
Subsec. (d)(2). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Subsec. (d)(3). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Pub. L. 99-308, Sec. 105(2)(C), inserted "except in any case
where the Secretary has not authorized the importation of the
firearm pursuant to this paragraph, it shall be unlawful to import
any frame, receiver, or barrel of such firearm which would be
prohibited if assembled".
1984 - Subsec. (e). Pub. L. 98-573 added subsec. (e).
1968 - Subsec. (a). Pub. L. 90-618 redesignated existing
provisions as par. (1), made minor changes in phraseology, and
added pars. (2) to (5).
Subsec. (b). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees.
Subsec. (c). Pub. L. 90-618 substituted "imposed by Federal laws
with respect to the acquisition, receipt, transfer, shipment, or
possession of firearms and" for "under this chapter", "to act in a
manner dangerous to public safety" for "to conduct his operations
in an unlawful manner," and "licensed importer, licensed
manufacturer, licensed dealer, or licensed collector" for
"licensee".
Subsec. (d). Pub. L. 90-618 made minor changes in phraseology,
subjected ammunition to the authority of the Secretary in text
preceding par. (1), substituted "section 5845(b)" for "section
5848(2)" in par. (2), substituted "section 5845(a)" for "section
5848(1)" and "excluding surplus military firearms" for "and in the
case of surplus military firearms is a rifle or shotgun" in par.
(3), inserted "or ammunition" after "the firearm" in par. (4), and
authorized the Secretary to permit the importation of ammunition
for examination and testing in text following par. (4).

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective on the earlier of the date
on which the Secretary of the Army submits a certification in
accordance with section 5523 of [former] Title 36, Patriotic
Societies and Observances, or Oct. 1, 1996, see section 1624(c) of
Pub. L. 104-106, set out as a note under section 4316 of Title 10,
Armed Forces.

EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET PROVISION
Amendment by section 2(c) of Pub. L. 100-649 effective 30th day
beginning after Nov. 10, 1988, and amendment by section 2(f)(2)(C),
(E) effective 25 years after such effective date, see section 2(f)
of Pub. L. 100-649, as amended, set out as a note under section 922
of this title.

EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-308 applicable to any action, petition,
or appellate proceeding pending on May 19, 1986, see section 110(b)
of Pub. L. 99-308, set out as a note under section 921 of this
title.

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-573 effective 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
under section 1304 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, except
subsecs. (a)(1) and (d) effective Oct. 22, 1968, see section 105 of
Pub. L. 90-618, set out as a note under section 921 of this title.

-End-



-CITE-
18 USC Sec. 925A 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 925A. Remedy for erroneous denial of firearm

-STATUTE-
Any person denied a firearm pursuant to subsection (s) or (t) of
section 922 -
(1) due to the provision of erroneous information relating to
the person by any State or political subdivision thereof, or by
the national instant criminal background check system established
under section 103 of the Brady Handgun Violence Prevention Act;
or
(2) who was not prohibited from receipt of a firearm pursuant
to subsection (g) or (n) of section 922,

may bring an action against the State or political subdivision
responsible for providing the erroneous information, or responsible
for denying the transfer, or against the United States, as the case
may be, for an order directing that the erroneous information be
corrected or that the transfer be approved, as the case may be. In
any action under this section, the court, in its discretion, may
allow the prevailing party a reasonable attorney's fee as part of
the costs.

-SOURCE-
(Added Pub. L. 103-159, title I, Sec. 104(a), Nov. 30, 1993, 107
Stat. 1543.)

-REFTEXT-
REFERENCES IN TEXT
Section 103 of the Brady Handgun Violence Prevention Act,
referred to in par. (1), is section 103 of Pub. L. 103-159, which
is set out as a note under section 922 of this title.

-End-



-CITE-
18 USC Sec. 926 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 926. Rules and regulations

-STATUTE-
(a) The Attorney General may prescribe only such rules and
regulations as are necessary to carry out the provisions of this
chapter, including -
(1) regulations providing that a person licensed under this
chapter, when dealing with another person so licensed, shall
provide such other licensed person a certified copy of this
license;
(2) regulations providing for the issuance, at a reasonable
cost, to a person licensed under this chapter, of certified
copies of his license for use as provided under regulations
issued under paragraph (1) of this subsection; and
(3) regulations providing for effective receipt and secure
storage of firearms relinquished by or seized from persons
described in subsection (d)(8) or (g)(8) of section 922.

No such rule or regulation prescribed after the date of the
enactment of the Firearms Owners' Protection Act may require that
records required to be maintained under this chapter or any portion
of the contents of such records, be recorded at or transferred to a
facility owned, managed, or controlled by the United States or any
State or any political subdivision thereof, nor that any system of
registration of firearms, firearms owners, or firearms transactions
or dispositions be established. Nothing in this section expands or
restricts the Secretary's (!1) authority to inquire into the
disposition of any firearm in the course of a criminal
investigation.

(b) The Attorney General shall give not less than ninety days
public notice, and shall afford interested parties opportunity for
hearing, before prescribing such rules and regulations.
(c) The Attorney General shall not prescribe rules or regulations
that require purchasers of black powder under the exemption
provided in section 845(a)(5) of this title to complete affidavits
or forms attesting to that exemption.

-SOURCE-
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
234; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1226; Pub. L. 99-308, Sec. 106, May 19, 1986, 100 Stat. 459;
Pub. L. 103-322, title XI, Sec. 110401(d), Sept. 13, 1994, 108
Stat. 2015; Pub. L. 107-296, title XI, Sec. 1112(f)(6), Nov. 25,
2002, 116 Stat. 2276.)

-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of the Firearms Owners' Protection Act,
referred to in subsec. (a), is the date of enactment of Pub. L. 99-
308, which was approved May 19, 1986.


-MISC1-
AMENDMENTS
2002 - Subsecs. (a) to (c). Pub. L. 107-296 substituted "Attorney
General" for "Secretary".
1994 - Subsec. (a)(3). Pub. L. 103-322 added par. (3).
1986 - Subsec. (a). Pub. L. 99-308, Sec. 106(1)-(4), designated
existing provision as subsec. (a), and in subsec. (a) as so
designated, in provision preceding par. (1) substituted "may
prescribe only" for "may prescribe" and "as are" for "as he deems
reasonably", and in closing provision substituted provision that no
rule or regulation prescribed after May 19, 1986, require that
records required under this chapter be recorded at or transferred
to a facility owned, managed, or controlled by the United States or
any State or political subdivision thereof, nor any system of
registration of firearms, firearms owners, or firearms transactions
or dispositions be established and that nothing in this section
expand or restrict the authority of the Secretary to inquire into
the disposition of any firearm in the course of a criminal
investigation for provision that the Secretary give reasonable
public notice, and afford an opportunity for a hearing, prior to
prescribing rules and regulations.
Subsecs. (b), (c). Pub. L. 99-308, Sec. 106(5), added subsecs.
(b) and (c).
1968 - Pub. L. 90-618 inserted provisions authorizing the
Secretary to prescribe regulations requiring a licensee, when
dealing with another licensee, to provide such other licensee a
certified copy of the license, and regulations authorizing the
issuance of certified copies of the license required under this
chapter.

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-308 effective 180 days after May 19,
1986, see section 110(a) of Pub. L. 99-308, set out as a note under
section 921 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section
105 of Pub. L. 90-618, set out as a note under section 921 of this
title.

-FOOTNOTE-
(!1) So in original. Probably should be "Attorney General's".


-End-



-CITE-
18 USC Sec. 926A 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 926A. Interstate transportation of firearms

-STATUTE-
Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any
person who is not otherwise prohibited by this chapter from
transporting, shipping, or receiving a firearm shall be entitled to
transport a firearm for any lawful purpose from any place where he
may lawfully possess and carry such firearm to any other place
where he may lawfully possess and carry such firearm if, during
such transportation the firearm is unloaded, and neither the
firearm nor any ammunition being transported is readily accessible
or is directly accessible from the passenger compartment of such
transporting vehicle: Provided, That in the case of a vehicle
without a compartment separate from the driver's compartment the
firearm or ammunition shall be contained in a locked container
other than the glove compartment or console.

-SOURCE-
(Added Pub. L. 99-360, Sec. 1(a), July 8, 1986, 100 Stat. 766.)


-MISC1-
PRIOR PROVISIONS
A prior section 926A, added Pub. L. 99-308, Sec. 107(a), May 19,
1986, 100 Stat. 460, provided that any person not prohibited by
this chapter from transporting, shipping, or receiving a firearm be
entitled to transport an unloaded, not readily accessible firearm
in interstate commerce notwithstanding any provision of any
legislation enacted, or rule or regulation prescribed by any State
or political subdivision thereof, prior to repeal by Pub. L. 99-
360, Sec. 1(a).

EFFECTIVE DATE
Section effective on date on which Firearms Owners' Protection
Act, Pub. L. 99-308, became effective, see section 2 of Pub. L. 99-
360, set out as an Effective Date of 1986 Amendments note under
section 921 of this title.

-End-



-CITE-
18 USC Sec. 926B 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 926B. Carrying of concealed firearms by qualified law
enforcement officers

-STATUTE-
(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a
qualified law enforcement officer and who is carrying the
identification required by subsection (d) may carry a concealed
firearm that has been shipped or transported in interstate or
foreign commerce, subject to subsection (b).
(b) This section shall not be construed to supersede or limit the
laws of any State that -
(1) permit private persons or entities to prohibit or restrict
the possession of concealed firearms on their property; or
(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building, base,
or park.

(c) As used in this section, the term "qualified law enforcement
officer" means an employee of a governmental agency who -
(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and has
statutory powers of arrest;
(2) is authorized by the agency to carry a firearm;
(3) is not the subject of any disciplinary action by the agency
which could result in suspension or loss of police powers;
(4) meets standards, if any, established by the agency which
require the employee to regularly qualify in the use of a
firearm;
(5) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
(6) is not prohibited by Federal law from receiving a firearm.

(d) The identification required by this subsection is the
photographic identification issued by the governmental agency for
which the individual is employed as a law enforcement officer.
(e) As used in this section, the term "firearm" -
(1) except as provided in this subsection, has the same meaning
as in section 921 of this title;
(2) includes ammunition not expressly prohibited by Federal law
or subject to the provisions of the National Firearms Act; and
(3) does not include -
(A) any machinegun (as defined in section 5845 of the
National Firearms Act);
(B) any firearm silencer (as defined in section 921 of this
title); and
(C) any destructive device (as defined in section 921 of this
title).

(f) For the purposes of this section, a law enforcement officer
of the Amtrak Police Department, a law enforcement officer of the
Federal Reserve, or a law enforcement or police officer of the
executive branch of the Federal Government qualifies as an employee
of a governmental agency who is authorized by law to engage in or
supervise the prevention, detection, investigation, or prosecution
of, or the incarceration of any person for, any violation of law,
and has statutory powers of arrest.

-SOURCE-
(Added Pub. L. 108-277, Sec. 2(a), July 22, 2004, 118 Stat. 865;
amended Pub. L. 111-272, Sec. 2(a), (b), Oct. 12, 2010, 124 Stat.
2855.)

-REFTEXT-
REFERENCES IN TEXT
The National Firearms Act, referred to in subsec. (e), is
classified generally to chapter 53 (Sec. 5801 et seq.) of Title 26,
Internal Revenue Code. See section 5849 of Title 26. Section 5845
of the Act is classified to section 5845 of Title 26.


-MISC1-
AMENDMENTS
2010 - Subsec. (c)(3). Pub. L. 111-272, Sec. 2(a)(1), inserted
"which could result in suspension or loss of police powers" after
"agency".
Subsec. (e). Pub. L. 111-272, Sec. 2(b), added subsec. (e) and
struck out former subsec. (e) which read as follows: "As used in
this section, the term 'firearm' does not include -
"(1) any machinegun (as defined in section 5845 of the National
Firearms Act);
"(2) any firearm silencer (as defined in section 921 of this
title); and
"(3) any destructive device (as defined in section 921 of this
title)."
Subsec. (f). Pub. L. 111-272, Sec. 2(a)(2), added subsec. (f).

-End-



-CITE-
18 USC Sec. 926C 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 926C. Carrying of concealed firearms by qualified retired law
enforcement officers

-STATUTE-
(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a
qualified retired law enforcement officer and who is carrying the
identification required by subsection (d) may carry a concealed
firearm that has been shipped or transported in interstate or
foreign commerce, subject to subsection (b).
(b) This section shall not be construed to supersede or limit the
laws of any State that -
(1) permit private persons or entities to prohibit or restrict
the possession of concealed firearms on their property; or
(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building, base,
or park.

(c) As used in this section, the term "qualified retired law
enforcement officer" means an individual who -
(1) separated from service in good standing from service with a
public agency as a law enforcement officer;
(2) before such separation, was authorized by law to engage in
or supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for, any
violation of law, and had statutory powers of arrest;
(3)(A) before such separation, served as a law enforcement
officer for an aggregate of 10 years or more; or
(B) separated from service with such agency, after completing
any applicable probationary period of such service, due to a
service-connected disability, as determined by such agency;
(4) during the most recent 12-month period, has met, at the
expense of the individual, the standards for qualification in
firearms training for active law enforcement officers, as
determined by the former agency of the individual, the State in
which the individual resides or, if the State has not established
such standards, either a law enforcement agency within the State
in which the individual resides or the standards used by a
certified firearms instructor that is qualified to conduct a
firearms qualification test for active duty officers within that
State;
(5)(A) has not been officially found by a qualified medical
professional employed by the agency to be unqualified for reasons
relating to mental health and as a result of this finding will
not be issued the photographic identification as described in
subsection (d)(1); or
(B) has not entered into an agreement with the agency from
which the individual is separating from service in which that
individual acknowledges he or she is not qualified under this
section for reasons relating to mental health and for those
reasons will not receive or accept the photographic
identification as described in subsection (d)(1);
(6) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
(7) is not prohibited by Federal law from receiving a firearm.

(d) The identification required by this subsection is -
(1) a photographic identification issued by the agency from
which the individual separated from service as a law enforcement
officer that indicates that the individual has, not less recently
than one year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the agency
to meet the active duty standards for qualification in firearms
training as established by the agency to carry a firearm of the
same type as the concealed firearm; or
(2)(A) a photographic identification issued by the agency from
which the individual separated from service as a law enforcement
officer; and
(B) a certification issued by the State in which the individual
resides or by a certified firearms instructor that is qualified
to conduct a firearms qualification test for active duty officers
within that State that indicates that the individual has, not
less than 1 year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the State or
a certified firearms instructor that is qualified to conduct a
firearms qualification test for active duty officers within that
State to have met -
(I) the active duty standards for qualification in firearms
training, as established by the State, to carry a firearm of
the same type as the concealed firearm; or
(II) if the State has not established such standards,
standards set by any law enforcement agency within that State
to carry a firearm of the same type as the concealed firearm.

(e) As used in this section -
(1) the term "firearm" -
(A) except as provided in this paragraph, has the same
meaning as in section 921 of this title;
(B) includes ammunition not expressly prohibited by Federal
law or subject to the provisions of the National Firearms Act;
and
(C) does not include -
(i) any machinegun (as defined in section 5845 of the
National Firearms Act);
(ii) any firearm silencer (as defined in section 921 of
this title); and
(iii) any destructive device (as defined in section 921 of
this title); and

(2) the term "service with a public agency as a law enforcement
officer" includes service as a law enforcement officer of the
Amtrak Police Department, service as a law enforcement officer of
the Federal Reserve, or service as a law enforcement or police
officer of the executive branch of the Federal Government.

-SOURCE-
(Added Pub. L. 108-277, Sec. 3(a), July 22, 2004, 118 Stat. 866;
amended Pub. L. 111-272, Sec. 2(c), Oct. 12, 2010, 124 Stat. 2855.)

-REFTEXT-
REFERENCES IN TEXT
The National Firearms Act, referred to in subsec. (e)(1)(B),
(C)(i), is classified generally to chapter 53 (Sec. 5801 et seq.)
of Title 26, Internal Revenue Code. See section 5849 of Title 26.
Section 5845 of such Act is classified to section 5845 of Title 26.


-MISC1-
AMENDMENTS
2010 - Subsec. (c)(1). Pub. L. 111-272, Sec. 2(c)(1)(A),
substituted "separated from service" for "retired" and struck out
", other than for reasons of mental instability" after "officer".
Subsec. (c)(2). Pub. L. 111-272, Sec. 2(c)(1)(B), substituted
"separation" for "retirement".
Subsec. (c)(3)(A). Pub. L. 111-272, Sec. 2(c)(1)(C)(i),
substituted "separation, served as a law enforcement officer for an
aggregate of 10 years or more" for "retirement, was regularly
employed as a law enforcement officer for an aggregate of 15 years
or more".
Subsec. (c)(3)(B). Pub. L. 111-272, Sec. 2(c)(1)(C)(ii),
substituted "separated" for "retired".
Subsec. (c)(4). Pub. L. 111-272, Sec. 2(c)(1)(D), added par. (4)
and struck out former par. (4) which read as follows: "has a
nonforfeitable right to benefits under the retirement plan of the
agency;".
Subsec. (c)(5). Pub. L. 111-272, Sec. 2(c)(1)(E), added par. (5)
and struck out former par. (5) which read as follows: "during the
most recent 12-month period, has met, at the expense of the
individual, the State's standards for training and qualification
for active law enforcement officers to carry firearms;".
Subsec. (d)(1). Pub. L. 111-272, Sec. 2(c)(2)(A), substituted
"separated" for "retired" and "to meet the active duty standards
for qualification in firearms training as established by the agency
to carry a firearm of the same type as the concealed firearm" for
"to meet the standards established by the agency for training and
qualification for active law enforcement officers to carry a
firearm of the same type as the concealed firearm".
Subsec. (d)(2)(A). Pub. L. 111-272, Sec. 2(c)(2)(B)(i),
substituted "separated" for "retired".
Subsec. (d)(2)(B). Pub. L. 111-272, Sec. 2(c)(2)(B)(ii),
substituted "or by a certified firearms instructor that is
qualified to conduct a firearms qualification test for active duty
officers within that State that indicates that the individual has,
not less than 1 year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the State or a
certified firearms instructor that is qualified to conduct a
firearms qualification test for active duty officers within that
State to have met - " for "that indicates that the individual has,
not less recently than one year before the date the individual is
carrying the concealed firearm, been tested or otherwise found by
the State to meet the standards established by the State for
training and qualification for active law enforcement officers to
carry a firearm of the same type as the concealed firearm." and
added cls. (I) and (II).
Subsec. (e). Pub. L. 111-272, Sec. 2(c)(3), added subsec. (e) and
struck out former subsec. (e) which read as follows: "As used in
this section, the term 'firearm' does not include -
"(1) any machinegun (as defined in section 5845 of the National
Firearms Act);
"(2) any firearm silencer (as defined in section 921 of this
title); and
"(3) a destructive device (as defined in section 921 of this
title)."

-End-



-CITE-
18 USC Sec. 927 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 927. Effect on State law

-STATUTE-
No provision of this chapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which
such provision operates to the exclusion of the law of any State on
the same subject matter, unless there is a direct and positive
conflict between such provision and the law of the State so that
the two cannot be reconciled or consistently stand together.

-SOURCE-
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
234; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1226.)


-MISC1-
AMENDMENTS
1968 - Pub. L. 90-618 struck out "or possession" after "State"
wherever appearing.

EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section
105 of Pub. L. 90-618, set out as a note under section 921 of this
title.

-End-



-CITE-
18 USC Sec. 928 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 928. Separability

-STATUTE-
If any provision of this chapter or the application thereof to
any person or circumstance is held invalid, the remainder of the
chapter and the application of such provision to other persons not
similarly situated or to other circumstances shall not be affected
thereby.

-SOURCE-
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
234; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1226.)


-MISC1-
AMENDMENTS
1968 - Pub. L. 90-618 reenacted section without change.

EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section
105 of Pub. L. 90-618, set out as a note under section 921 of this
title.

-End-



-CITE-
18 USC Sec. 929 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 929. Use of restricted ammunition

-STATUTE-
(a)(1) Whoever, during and in relation to the commission of a
crime of violence or drug trafficking crime (including a crime of
violence or drug trafficking crime which provides for an enhanced
punishment if committed by the use of a deadly or dangerous weapon
or device) for which he may be prosecuted in a court of the United
States, uses or carries a firearm and is in possession of armor
piercing ammunition capable of being fired in that firearm, shall,
in addition to the punishment provided for the commission of such
crime of violence or drug trafficking crime be sentenced to a term
of imprisonment for not less than five years.
(2) For purposes of this subsection, the term "drug trafficking
crime" means any felony punishable under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.
(b) Notwithstanding any other provision of law, the court shall
not suspend the sentence of any person convicted of a violation of
this section, nor place the person on probation, nor shall the
terms of imprisonment run concurrently with any other terms of
imprisonment, including that imposed for the crime in which the
armor piercing ammunition was used or possessed.

-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1006(a), Oct. 12, 1984, 98
Stat. 2139; amended Pub. L. 99-308, Sec. 108, May 19, 1986, 100
Stat. 460; Pub. L. 99-408, Sec. 8, Aug. 28, 1986, 100 Stat. 921;
Pub. L. 100-690, title VI, Sec. 6212, title VII, Sec. 7060(b), Nov.
18, 1988, 102 Stat. 4360, 4404; Pub. L. 107-273, div. B, title IV,
Sec. 4002(c)(4), Nov. 2, 2002, 116 Stat. 1809; Pub. L. 109-304,
Sec. 17(d)(4), Oct. 6, 2006, 120 Stat. 1707.)

-REFTEXT-
REFERENCES IN TEXT
The Controlled Substances Act, referred to in subsec. (a)(2), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, which is classified principally to subchapter I (Sec. 801
et seq.) of chapter 13 of Title 21, Food and Drugs. For complete
classification of this Act to the Code, see Short Title note set
out under section 801 of Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsec. (a)(2), is title III of Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1285, as amended, which is classified principally to
subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21. For
complete classification of this Act to the Code, see Short Title
note set out under section 951 of Title 21 and Tables.


-MISC1-
AMENDMENTS
2006 - Subsec. (a)(2). Pub. L. 109-304 substituted "chapter 705
of title 46" for "the Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1901 et seq.)".
2002 - Subsec. (b). Pub. L. 107-273 struck out at end "No person
sentenced under this section shall be eligible for parole during
the term of imprisonment imposed herein."
1988 - Subsec. (a)(1). Pub. L. 100-690, Sec. 7060(b), substituted
"trafficking crime" for "trafficking crime," in three places.
Subsec. (a)(2). Pub. L. 100-690, Sec. 6212, amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "For
purposes of this subsection, the term 'drug trafficking crime'
means any felony violation of Federal law involving the
distribution, manufacture, or importation of any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802))."
1986 - Subsec. (a). Pub. L. 99-408, Sec. 8(1), substituted
"violence (including" for "violence including", "device) for" for
"device for", "a firearm and is in possession of armor piercing
ammunition capable of being fired in that firearm" for "any handgun
loaded with armor-piercing ammunition as defined in subsection
(b)", and "five years" for "five nor more than ten years", and
struck out provisions relating to suspension of sentence,
probation, concurrent sentence and parole eligibility of any person
convicted under this subsection.
Pub. L. 99-308 designated existing provision as par. (1),
substituted "violence or drug trafficking crime," for "violence" in
three places, and added par. (2).
Subsec. (b). Pub. L. 99-408, Sec. 8(2), amended subsec. (b)
generally, substituting provisions that the court may not suspend
sentence of any person convicted of a violation of this section or
place the person on probation, that term of imprisonment may not
run concurrently with other terms of imprisonment, and that the
person is not eligible for parole during term of imprisonment, for
provisions defining "armor-piercing ammunition" and "handgun".

EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-308 effective 180 days after May 19,
1986, see section 110(a) of Pub. L. 99-308, set out as a note under
section 921 of this title.

-End-



-CITE-
18 USC Sec. 930 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 930. Possession of firearms and dangerous weapons in Federal
facilities

-STATUTE-
(a) Except as provided in subsection (d), whoever knowingly
possesses or causes to be present a firearm or other dangerous
weapon in a Federal facility (other than a Federal court facility),
or attempts to do so, shall be fined under this title or imprisoned
not more than 1 year, or both.
(b) Whoever, with intent that a firearm or other dangerous weapon
be used in the commission of a crime, knowingly possesses or causes
to be present such firearm or dangerous weapon in a Federal
facility, or attempts to do so, shall be fined under this title or
imprisoned not more than 5 years, or both.
(c) A person who kills any person in the course of a violation of
subsection (a) or (b), or in the course of an attack on a Federal
facility involving the use of a firearm or other dangerous weapon,
or attempts or conspires to do such an act, shall be punished as
provided in sections 1111, 1112, 1113, and 1117.
(d) Subsection (a) shall not apply to -
(1) the lawful performance of official duties by an officer,
agent, or employee of the United States, a State, or a political
subdivision thereof, who is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of law;
(2) the possession of a firearm or other dangerous weapon by a
Federal official or a member of the Armed Forces if such
possession is authorized by law; or
(3) the lawful carrying of firearms or other dangerous weapons
in a Federal facility incident to hunting or other lawful
purposes.

(e)(1) Except as provided in paragraph (2), whoever knowingly
possesses or causes to be present a firearm or other dangerous
weapon in a Federal court facility, or attempts to do so, shall be
fined under this title, imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described
in paragraph (1) or (2) of subsection (d).
(f) Nothing in this section limits the power of a court of the
United States to punish for contempt or to promulgate rules or
orders regulating, restricting, or prohibiting the possession of
weapons within any building housing such court or any of its
proceedings, or upon any grounds appurtenant to such building.
(g) As used in this section:
(1) The term "Federal facility" means a building or part
thereof owned or leased by the Federal Government, where Federal
employees are regularly present for the purpose of performing
their official duties.
(2) The term "dangerous weapon" means a weapon, device,
instrument, material, or substance, animate or inanimate, that is
used for, or is readily capable of, causing death or serious
bodily injury, except that such term does not include a pocket
knife with a blade of less than 2 1/2 inches in length.
(3) The term "Federal court facility" means the courtroom,
judges' chambers, witness rooms, jury deliberation rooms,
attorney conference rooms, prisoner holding cells, offices of the
court clerks, the United States attorney, and the United States
marshal, probation and parole offices, and adjoining corridors of
any court of the United States.

(h) Notice of the provisions of subsections (a) and (b) shall be
posted conspicuously at each public entrance to each Federal
facility, and notice of subsection (e) shall be posted
conspicuously at each public entrance to each Federal court
facility, and no person shall be convicted of an offense under
subsection (a) or (e) with respect to a Federal facility if such
notice is not so posted at such facility, unless such person had
actual notice of subsection (a) or (e), as the case may be.

-SOURCE-
(Added Pub. L. 100-690, title VI, Sec. 6215(a), Nov. 18, 1988, 102
Stat. 4361; amended Pub. L. 101-647, title XXII, Sec. 2205(a), Nov.
29, 1990, 104 Stat. 4857; Pub. L. 103-322, title VI, Sec. 60014,
Sept. 13, 1994, 108 Stat. 1973; Pub. L. 104-294, title VI, Sec.
603(t), (u), Oct. 11, 1996, 110 Stat. 3506; Pub. L. 107-56, title
VIII, Sec. 811(b), Oct. 26, 2001, 115 Stat. 381; Pub. L. 110-177,
title II, Sec. 203, Jan. 7, 2008, 121 Stat. 2537.)


-MISC1-
AMENDMENTS
2008 - Subsec. (e)(1). Pub. L. 110-177 inserted "or other
dangerous weapon" after "firearm".
2001 - Subsec. (c). Pub. L. 107-56 struck out "or attempts to
kill" after "A person who kills", inserted "or attempts or
conspires to do such an act," before "shall be punished", and
substituted "1113, and 1117" for "and 1113".
1996 - Subsec. (e)(2). Pub. L. 104-294, Sec. 603(t), substituted
"subsection (d)" for "subsection (c)".
Subsec. (g). Pub. L. 104-294, Sec. 603(u)(1), redesignated
subsec. (g), related to posting notice in Federal facilities, as
(h).
Subsec. (h). Pub. L. 104-294, Sec. 603(u)(2), substituted "(e)"
for "(d)" wherever appearing.
Pub. L. 104-294, Sec. 603(u)(1), redesignated subsec. (g),
related to posting notice in Federal facilities, as (h).
1994 - Subsec. (a). Pub. L. 103-322, Sec. 60014(2), substituted
"(d)" for "(c)".
Subsecs. (c) to (g). Pub. L. 103-322, Sec. 60014(1), (3), added
subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to
(g), respectively.
1990 - Subsec. (a). Pub. L. 101-647, Sec. 2205(a)(1), inserted
"(other than a Federal court facility)" after "Federal facility".
Subsecs. (d), (e). Pub. L. 101-647, Sec. 2205(a)(2), (3), added
subsec. (d) and redesignated former subsec. (d) as (e). Former
subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-647, Sec. 2205(a)(2), redesignated
subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (f)(3). Pub. L. 101-647, Sec. 2205(a)(4), added par. (3).
Subsec. (g). Pub. L. 101-647, Sec. 2205(a)(5), inserted "and
notice of subsection (d) shall be posted conspicuously at each
public entrance to each Federal court facility," after "each
Federal facility,", "or (d)" before "with respect to", and "or (d),
as the case may be" before the period.
Pub. L. 101-647, Sec. 2205(a)(2), redesignated subsec. (f) as
(g).

EFFECTIVE DATE OF 1990 AMENDMENT
Section 2205(b) of Pub. L. 101-647 provided that: "The amendments
made by subsection (a) [amending this section] shall apply to
conduct engaged in after the date of the enactment of this Act
[Nov. 29, 1990]."

-End-



-CITE-
18 USC Sec. 931 01/03/2012 (112-90)

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

-HEAD-
Sec. 931. Prohibition on purchase, ownership, or possession of body
armor by violent felons

-STATUTE-
(a) In General. - Except as provided in subsection (b), it shall
be unlawful for a person to purchase, own, or possess body armor,
if that person has been convicted of a felony that is -
(1) a crime of violence (as defined in section 16); or
(2) an offense under State law that would constitute a crime of
violence under paragraph (1) if it occurred within the special
maritime and territorial jurisdiction of the United States.

(b) Affirmative Defense. -
(1) In general. - It shall be an affirmative defense under this
section that -
(A) the defendant obtained prior written certification from
his or her employer that the defendant's purchase, use, or
possession of body armor was necessary for the safe performance
of lawful business activity; and
(B) the use and possession by the defendant were limited to
the course of such performance.

(2) Employer. - In this subsection, the term "employer" means
any other individual employed by the defendant's business that
supervises defendant's activity. If that defendant has no
supervisor, prior written certification is acceptable from any
other employee of the business.

-SOURCE-
(Added Pub. L. 107-273, div. C, title I, Sec. 11009(e)(2)(A), Nov.
2, 2002, 116 Stat. 1821.)

-End-

Outcome: The jury deliberated for more than 7 hours before returning not guilty verdicts.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: Because the defendants were not poor, they had to hire their own lawyers, at great expense, to represent them on the charges.