-CITE-

18 USC CHAPTER 44 - FIREARMS 01/06/03

-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.

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

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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 922 of this title; title

26 section 4182; title 42 section 3795.

-CITE-

18 USC Sec. 921 01/06/03

-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 (FOOTNOTE 1)

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

period.

(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) The term ''semiautomatic assault weapon'' means -

(A) any of the firearms, or copies or duplicates of the

firearms in any caliber, known as -

(i) Norinco, Mitchell, and Poly Technologies Avtomat

Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta Ar70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique National FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

(ix) revolving cylinder shotguns, such as (or similar to) the

Street Sweeper and Striker 12;

(B) a semiautomatic rifle that has an ability to accept a

detachable magazine and has at least 2 of -

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the

action of the weapon;

(iii) a bayonet mount;

(iv) a flash suppressor or threaded barrel designed to

accommodate a flash suppressor; and

(v) a grenade launcher;

(C) a semiautomatic pistol that has an ability to accept a

detachable magazine and has at least 2 of -

(i) an ammunition magazine that attaches to the pistol

outside of the pistol grip;

(ii) a threaded barrel capable of accepting a barrel

extender, flash suppressor, forward handgrip, or silencer;

(iii) a shroud that is attached to, or partially or

completely encircles, the barrel and that permits the shooter

to hold the firearm with the nontrigger hand without being

burned;

(iv) a manufactured weight of 50 ounces or more when the

pistol is unloaded; and

(v) a semiautomatic version of an automatic firearm; and

(D) a semiautomatic shotgun that has at least 2 of -

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the

action of the weapon;

(iii) a fixed magazine capacity in excess of 5 rounds; and

(iv) an ability to accept a detachable magazine.

(31) The term ''large capacity ammunition feeding device'' -

(A) means a magazine, belt, drum, feed strip, or similar device

manufactured after the date of enactment of the Violent Crime

Control and Law Enforcement Act of 1994 that has a capacity of,

or that can be readily restored or converted to accept, more than

10 rounds of ammunition; but

(B) does not include an attached tubular device designed to

accept, and capable of operating only with, .22 caliber rimfire

ammunition.

(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), the term

''misdemeanor crime of domestic violence'' means an offense that -

(i) is a misdemeanor under Federal or State 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, Sec. 110102(b),

110103(b), 110401(a), 110519, title XXXIII, Sec. 330021(1), Sept.

13, 1994, 108 Stat. 1997, 1999, 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.)

-STATAMEND-

AMENDMENT OF SECTION

For repeal of amendment by section 110105(2) of Pub. L.

103-322, see Effective and Termination Dates of 1994 Amendment

note below.

-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.

The date of enactment of the Violent Crime Control and Law

Enforcement Act of 1994, referred to in subsec. (a)(31)(A), is the

date of enactment of Pub. L. 103-322, which was approved Sept. 13,

1994.

-MISC2-

AMENDMENTS

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), 110105(2),

temporarily added par. (30). See Effective and Termination Dates of

1994 Amendment note below.

Subsec. (a)(31). Pub. L. 103-322, Sec. 110103(b), 110105(2),

temporarily added par. (31). 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

Section 110105 of title XI of Pub. L. 103-322 provided that:

''This subtitle (subtitle A (Sec. 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 this subtitle -

''(1) shall take effect on the date of the enactment of this

Act (Sept. 13, 1994); and

''(2) are 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 1994 AMENDMENT

Section 110101 of title XI of Pub. L. 103-322 provided that:

''This subtitle (subtitle A (Sec. 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) may be cited as the 'Public Safety and Recreational

Firearms Use Protection Act'.''

(Section 110101 of Pub. L. 103-322, set out above, repealed

effective 10 years after Sept. 13, 1994, see Effective and

Termination Dates of 1994 Amendment note above.)

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

Section 110104 of Pub. L. 103-322 provided that:

''(a) Study. - The Attorney General shall investigate and study

the effect of this subtitle (see Short Title of 1994 Amendment note

above) and the amendments made by this subtitle, and in particular

shall determine their impact, if any, on violent and drug

trafficking crime. The study shall be conducted over a period of

18 months, commencing 12 months after the date of enactment of this

Act (Sept. 13, 1994).

''(b) Report. - Not later than 30 months after the date of

enactment of this Act (Sept. 13, 1994), the Attorney General shall

prepare and submit to the Congress a report setting forth in detail

the findings and determinations made in the study under subsection

(a).''

(Section 110104 of Pub. L. 103-322, set out above, repealed

effective 10 years after Sept. 13, 1994, see Effective and

Termination Dates of 1994 Amendment note above.)

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 lawabiding 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 842, 845, 923, 925, 1791,

1993, 2332a, 3565, 3583, 3592 of this title; title 8 sections 1101,

1227; title 10 sections 2722, 4687; title 20 sections 3351, 7151;

title 21 section 881; title 22 section 2778; title 26 section 5845;

title 40 section 5104; title 42 section 13726b.

-CITE-

18 USC Sec. 922 01/06/03

-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, except that this paragraph shall not apply to -

(A) the manufacture or importation of such ammunition for the

use of the United States or any department or agency thereof or

any State or any department, agency, or political subdivision

thereof;

(B) the manufacture of such ammunition for the purpose of

exportation; and

(C) any manufacture or importation for the purposes of

testing or experimentation authorized by the Attorney General;

(8) for any manufacturer or importer to sell or deliver armor

piercing ammunition, except that this paragraph shall not apply

to -

(A) the sale or delivery by a manufacturer or importer of

such ammunition for use of the United States or any department

or agency thereof or any State or any department, agency, or

political subdivision thereof;

(B) the sale or delivery by a manufacturer or importer of

such ammunition for the purpose of exportation;

(C) the sale or delivery by a manufacturer or importer of

such ammunition for the purposes of testing or experimenting

authorized by the Attorney General; and

(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 (FOOTNOTE 1) has been discharged from the Armed Forces

under dishonorable conditions;

(FOOTNOTE 1) So in original. The word ''who'' probably should

not appear.

(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 (FOOTNOTE 2) the House of Representatives and the

Committee on the Judiciary of the Senate;

(FOOTNOTE 2) So in original. Probably should be followed by

''of''.

(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)

(FOOTNOTE 3) ) of the transferee containing a photograph of the

transferee and a description of the identification used;

(FOOTNOTE 3) See References in Text note below.

(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)(1) It shall be unlawful for a person to manufacture,

transfer, or possess a semiautomatic assault weapon.

(2) Paragraph (1) shall not apply to the possession or transfer

of any semiautomatic assault weapon otherwise lawfully possessed

under Federal law on the date of the enactment of this subsection.

(3) Paragraph (1) shall not apply to -

(A) any of the firearms, or replicas or duplicates of the

firearms, specified in Appendix A to this section, as such

firearms were manufactured on October 1, 1993;

(B) any firearm that -

(i) is manually operated by bolt, pump, lever, or slide

action;

(ii) has been rendered permanently inoperable; or

(iii) is an antique firearm;

(C) any semiautomatic rifle that cannot accept a detachable

magazine that holds more than 5 rounds of ammunition; or

(D) any semiautomatic shotgun that cannot hold more than 5

rounds of ammunition in a fixed or detachable magazine.

The fact that a firearm is not listed in Appendix A shall not be

construed to mean that paragraph (1) applies to such firearm. No

firearm exempted by this subsection may be deleted from Appendix A

so long as this subsection is in effect.

(4) Paragraph (1) shall not apply to -

(A) the manufacture for, transfer to, or possession by the

United States or a department or agency of the United States or a

State or a department, agency, or political subdivision of a

State, or a transfer to or possession by a law enforcement

officer employed by such an entity for purposes of law

enforcement (whether on or off duty);

(B) the transfer to a licensee under title I of the Atomic

Energy Act of 1954 for purposes of establishing and maintaining

an on-site physical protection system and security organization

required by Federal law, or possession by an employee or

contractor of such licensee on-site for such purposes or off-site

for purposes of licensee-authorized training or transportation of

nuclear materials;

(C) the possession, by an individual who is retired from

service with a law enforcement agency and is not otherwise

prohibited from receiving a firearm, of a semiautomatic assault

weapon transferred to the individual by the agency upon such

retirement; or

(D) the manufacture, transfer, or possession of a semiautomatic

assault weapon by a licensed manufacturer or licensed importer

for the purposes of testing or experimentation authorized by the

Attorney General.

(w)(1) Except as provided in paragraph (2), it shall be unlawful

for a person to transfer or possess a large capacity ammunition

feeding device.

(2) Paragraph (1) shall not apply to the possession or transfer

of any large capacity ammunition feeding device otherwise lawfully

possessed on or before the date of the enactment of this

subsection.

(3) This subsection shall not apply to -

(A) the manufacture for, transfer to, or possession by the

United States or a department or agency of the United States or a

State or a department, agency, or political subdivision of a

State, or a transfer to or possession by a law enforcement

officer employed by such an entity for purposes of law

enforcement (whether on or off duty);

(B) the transfer to a licensee under title I of the Atomic

Energy Act of 1954 for purposes of establishing and maintaining

an on-site physical protection system and security organization

required by Federal law, or possession by an employee or

contractor of such licensee on-site for such purposes or off-site

for purposes of licensee-authorized training or transportation of

nuclear materials;

(C) the possession, by an individual who is retired from

service with a law enforcement agency and is not otherwise

prohibited from receiving ammunition, of a large capacity

ammunition feeding device transferred to the individual by the

agency upon such retirement; or

(D) the manufacture, transfer, or possession of any large

capacity ammunition feeding device by a licensed manufacturer or

licensed importer for the purposes of testing or experimentation

authorized by the Attorney General.

(4) If a person charged with violating paragraph (1) asserts that

paragraph (1) does not apply to such person because of paragraph

(2) or (3), the Government shall have the burden of proof to show

that such paragraph (1) applies to such person. The lack of a

serial number as described in section 923(i) of this title shall be

a presumption that the large capacity ammunition feeding device is

not subject to the prohibition of possession in paragraph (1).

(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.

APPENDIX A

CENTERFIRE RIFLES - AUTOLOADERS

Browning BAR Mark II Safari Semi-Auto Rifle

Browning BAR Mark II Safari Magnum Rifle

Browning High-Power Rifle

Heckler & Koch Model 300 Rifle

Iver Johnson M-1 Carbine

Iver Johnson 50th Anniversary M-1 Carbine

Marlin Model 9 Camp Carbine

Marlin Model 45 Carbine

Remington Nylon 66 Auto-Loading Rifle

Remington Model 7400 Auto Rifle

Remington Model 7400 Rifle

Remington Model 7400 Special Purpose Auto Rifle

Ruger Mini-14 Autoloading Rifle (w/o folding stock)

Ruger Mini Thirty Rifle

CENTERFIRE RIFLES - LEVER & SLIDE

Browning Model 81 BLR Lever-Action Rifle

Browning Model 81 Long Action BLR

Browning Model 1886 Lever-Action Carbine

Browning Model 1886 High Grade Carbine

Cimarron 1860 Henry Replica

Cimarron 1866 Winchester Replicas

Cimarron 1873 Short Rifle

Cimarron 1873 Sporting Rifle

Cimarron 1873 30 Express Rifle

Dixie Engraved 1873 Rifle

E.M.F. 1866 Yellowboy Lever Actions

E.M.F. 1860 Henry Rifle

E.M.F. Model 73 Lever-Action Rifle

Marlin Model 336CS Lever-Action Carbine

Marlin Model 30AS Lever-Action Carbine

Marlin Model 444SS Lever-Action Sporter

Marlin Model 1894S Lever-Action Carbine

Marlin Model 1894CS Carbine

Marlin Model 1894CL Classic

Marlin Model 1895SS Lever-Action Rifle

Mitchell 1858 Henry Replica

Mitchell 1866 Winchester Replica

Mitchell 1873 Winchester Replica

Navy Arms Military Henry Rifle

Navy Arms Henry Trapper

Navy Arms Iron Frame Henry

Navy Arms Henry Carbine

Navy Arms 1866 Yellowboy Rifle

Navy Arms 1873 Winchester-Style Rifle

Navy Arms 1873 Sporting Rifle

Remington 7600 Slide Action

Remington Model 7600 Special Purpose Slide Action

Rossi M92 SRC Saddle-Ring Carbine

Rossi M92 SRS Short Carbine

Savage 99C Lever-Action Rifle

Uberti Henry Rifle

Uberti 1866 Sporting Rifle

Uberti 1873 Sporting Rifle

Winchester Model 94 Side Eject Lever-Action Rifle

Winchester Model 94 Trapper Side Eject

Winchester Model 94 Big Bore Side Eject

Winchester Model 94 Ranger Side Eject Lever-Action Rifle

Winchester Model 94 Wrangler Side Eject

CENTERFIRE RIFLES - BOLT ACTION

Alpine Bolt-Action Rifle

A-Square Caesar Bolt-Action Rifle

A-Square Hannibal Bolt-Action Rifle

Anschutz 1700D Classic Rifles

Anschutz 1700D Custom Rifles

Anschutz 1700D Bavarian Bolt-Action Rifle

Anschutz 1733D Mannlicher Rifle

Barret Model 90 Bolt-Action Rifle

Beeman/HW 60J Bolt-Action Rifle

Blaser R84 Bolt-Action Rifle

BRNO 537 Sporter Bolt-Action Rifle

BRNO ZKB 527 Fox Bolt-Action Rifle

BRNO ZKK 600, 601, 602 Bolt-Action Rifles

Browning A-Bolt Rifle

Browning A-Bolt Stainless Stalker

Browning A-Bolt Left Hand

Browning A-Bolt Short Action

Browning Euro-Bolt Rifle

Browning A-Bolt Gold Medallion

Browning A-Bolt Micro Medallion

Century Centurion 14 Sporter

Century Enfield Sporter )4

Century Swedish Sporter )38

Century Mauser 98 Sporter

Cooper Model 38 Centerfire Sporter

Dakota 22 Sporter Bolt-Action Rifle

Dakota 76 Classic Bolt-Action Rifle

Dakota 76 Short Action Rifles

Dakota 76 Safari Bolt-Action Rifle

Dakota 416 Rigby African

E.A.A./Sabatti Rover 870 Bolt-Action Rifle

Auguste Francotte Bolt-Action Rifles

Carl Gustaf 2000 Bolt-Action Rifle

Heym Magnum Express Series Rifle

Howa Lightning Bolt-Action Rifle

Howa Realtree Camo Rifle

Interarms Mark X Viscount Bolt-Action Rifle

Interarms Mini-Mark X Rifle

Interarms Mark X Whitworth Bolt-Action Rifle

Interarms Whitworth Express Rifle

Iver Johnson Model 5100A1 Long-Range Rifle

KDF K15 American Bolt-Action Rifle

Krico Model 600 Bolt-Action Rifle

Krico Model 700 Bolt-Action Rifles

Mauser Model 66 Bolt-Action Rifle

Mauser Model 99 Bolt-Action Rifle

McMillan Signature Classic Sporter

McMillan Signature Super Varminter

McMillan Signature Alaskan

McMillan Signature Titanium Mountain Rifle

McMillan Classic Stainless Sporter

McMillan Talon Safari Rifle

McMillan Talon Sporter Rifle

Midland 1500S Survivor Rifle

Navy Arms TU-33/40 Carbine

Parker-Hale Model 81 Classic Rifle

Parker-Hale Model 81 Classic African Rifle

Parker-Hale Model 1000 Rifle

Parker-Hale Model 1100M African Magnum

Parker-Hale Model 1100 Lightweight Rifle

Parker-Hale Model 1200 Super Rifle

Parker-Hale Model 1200 Super Clip Rifle

Parker-Hale Model 1300C Scout Rifle

Parker-Hale Model 2100 Midland Rifle

Parker-Hale Model 2700 Lightweight Rifle

Parker-Hale Model 2800 Midland Rifle

Remington Model Seven Bolt-Action Rifle

Remington Model Seven Youth Rifle

Remington Model Seven Custom KS

Remington Model Seven Custom MS Rifle

Remington 700 ADL Bolt-Action Rifle

Remington 700 BDL Bolt-Action Rifle

Remington 700 BDL Varmint Special

Remington 700 BDL European Bolt-Action Rifle

Remington 700 Varmint Synthetic Rifle

Remington 700 BDL SS Rifle

Remington 700 Stainless Synthetic Rifle

Remington 700 MTRSS Rifle

Remington 700 BDL Left Hand

Remington 700 Camo Synthetic Rifle

Remington 700 Safari

Remington 700 Mountain Rifle

Remington 700 Custom KS Mountain Rifle

Remington 700 Classic Rifle

Ruger M77 Mark II Rifle

Ruger M77 Mark II Magnum Rifle

Ruger M77RL Ultra Light

Ruger M77 Mark II All-Weather Stainless Rifle

Ruger M77 RSI International Carbine

Ruger M77 Mark II Express Rifle

Ruger M77VT Target Rifle

Sako Hunter Rifle

Sako FiberClass Sporter

Sako Safari Grade Bolt Action

Sako Hunter Left-Hand Rifle

Sako Classic Bolt Action

Sako Hunter LS Rifle

Sako Deluxe Lightweight

Sako Super Deluxe Sporter

Sako Mannlicher-Style Carbine

Sako Varmint Heavy Barrel

Sako TRG-S Bolt-Action Rifle

Sauer 90 Bolt-Action Rifle

Savage 110G Bolt-Action Rifle

Savage 110CY Youth/Ladies Rifle

Savage 110WLE One of One Thousand Limited Edition Rifle

Savage 110GXP3 Bolt-Action Rifle

Savage 110F Bolt-Action Rifle

Savage 110FXP3 Bolt-Action Rifle

Savage 110GV Varmint Rifle

Savage 112FV Varmint Rifle

Savage Model 112FVS Varmint Rifle

Savage Model 112BV Heavy Barrel Varmint Rifle

Savage 116FSS Bolt-Action Rifle

Savage Model 116FSK Kodiak Rifle

Savage 110FP Police Rifle

Steyr-Mannlicher Sporter Models SL, L, M, S, S/T

Steyr-Mannlicher Luxus Model L, M, S

Steyr-Mannlicher Model M Professional Rifle

Tikka Bolt-Action Rifle

Tikka Premium Grade Rifles

Tikka Varmint/Continental Rifle

Tikka Whitetail/Battue Rifle

Ultra Light Arms Model 20 Rifle

Ultra Light Arms Model 28, Model 40 Rifles

Voere VEC 91 Lightning Bolt-Action Rifle

Voere Model 2165 Bolt-Action Rifle

Voere Model 2155, 2150 Bolt-Action Rifles

Weatherby Mark V Deluxe Bolt-Action Rifle

Weatherby Lasermark V Rifle

Weatherby Mark V Crown Custom Rifles

Weatherby Mark V Sporter Rifle

Weatherby Mark V Safari Grade Custom Rifles

Weatherby Weathermark Rifle

Weatherby Weathermark Alaskan Rifle

Weatherby Classicmark No. 1 Rifle

Weatherby Weatherguard Alaskan Rifle

Weatherby Vanguard VGX Deluxe Rifle

Weatherby Vanguard Classic Rifle

Weatherby Vanguard Classic No. 1 Rifle

Weatherby Vanguard Weatherguard Rifle

Wichita Classic Rifle

Wichita Varmint Rifle

Winchester Model 70 Sporter

Winchester Model 70 Sporter WinTuff

Winchester Model 70 SM Sporter

Winchester Model 70 Stainless Rifle

Winchester Model 70 Varmint

Winchester Model 70 Synthetic Heavy Varmint Rifle

Winchester Model 70 DBM Rifle

Winchester Model 70 DBM-S Rifle

Winchester Model 70 Featherweight

Winchester Model 70 Featherweight WinTuff

Winchester Model 70 Featherweight Classic

Winchester Model 70 Lightweight Rifle

Winchester Ranger Rifle

Winchester Model 70 Super Express Magnum

Winchester Model 70 Super Grade

Winchester Model 70 Custom Sharpshooter

Winchester Model 70 Custom Sporting Sharpshooter Rifle

CENTERFIRE RIFLES - SINGLE SHOT

Armsport 1866 Sharps Rifle, Carbine

Brown Model One Single Shot Rifle

Browning Model 1885 Single Shot Rifle

Dakota Single Shot Rifle

Desert Industries G-90 Single Shot Rifle

Harrington & Richardson Ultra Varmint Rifle

Model 1885 High Wall Rifle

Navy Arms Rolling Block Buffalo Rifle

Navy Arms )2 Creedmoor Rifle

Navy Arms Sharps Cavalry Carbine

Navy Arms Sharps Plains Rifle

New England Firearms Handi-Rifle

Red Willow Armory Ballard No. 5 Pacific

Red Willow Armory Ballard No. 1.5 Hunting Rifle

Red Willow Armory Ballard No. 8 Union Hill Rifle

Red Willow Armory Ballard No. 4.5 Target Rifle

Remington-Style Rolling Block Carbine

Ruger No. 1B Single Shot

Ruger No. 1A Light Sporter

Ruger No. 1H Tropical Rifle

Ruger No. 1S Medium Sporter

Ruger No. 1 RSI International

Ruger No. 1V Special Varminter

C. Sharps Arms New Model 1874 Old Reliable

C. Sharps Arms New Model 1875 Rifle

C. Sharps Arms 1875 Classic Sharps

C. Sharps Arms New Model 1875 Target & Long Range

Shiloh Sharps 1874 Long Range Express

Shiloh Sharps 1874 Montana Roughrider

Shiloh Sharps 1874 Military Carbine

Shiloh Sharps 1874 Business Rifle

Shiloh Sharps 1874 Military Rifle

Sharps 1874 Old Reliable

Thompson/Center Contender Carbine

Thompson/Center Stainless Contender Carbine

Thompson/Center Contender Carbine Survival System

Thompson/Center Contender Carbine Youth Model

Thompson/Center TCR '87 Single Shot Rifle

Uberti Rolling Block Baby Carbine

DRILLINGS, COMBINATION GUNS, DOUBLE RIFLES

Beretta Express SSO O/U Double Rifles

Beretta Model 455 SxS Express Rifle

Chapuis RGExpress Double Rifle

Auguste Francotte Sidelock Double Rifles

Auguste Francotte Boxlock Double Rifle

Heym Model 55B O/U Double Rifle

Heym Model 55FW O/U Combo Gun

Heym Model 88b Side-by-Side Double Rifle

Kodiak Mk. IV Double Rifle

Kreighoff Teck O/U Combination Gun

Kreighoff Trumpf Drilling

Merkel Over/Under Combination Guns

Merkel Drillings

Merkel Model 160 Side-by-Side Double Rifles

Merkel Over/Under Double Rifles

Savage 24F O/U Combination Gun

Savage 24F-12T Turkey Gun

Springfield Inc. M6 Scout Rifle/Shotgun

Tikka Model 412s Combination Gun

Tikka Model 412S Double Fire

A. Zoli Rifle-Shotgun O/U Combo

RIMFIRE RIFLES - AUTOLOADERS

AMT Lightning 25/22 Rifle

AMT Lightning Small-Game Hunting Rifle II

AMT Magnum Hunter Auto Rifle

Anschutz 525 Deluxe Auto

Armscor Model 20P Auto Rifle

Browning Auto-22 Rifle

Browning Auto-22 Grade VI

Krico Model 260 Auto Rifle

Lakefield Arms Model 64B Auto Rifle

Marlin Model 60 Self-Loading Rifle

Marlin Model 60ss Self-Loading Rifle

Marlin Model 70 HC Auto

Marlin Model 990l Self-Loading Rifle

Marlin Model 70P Papoose

Marlin Model 922 Magnum Self-Loading Rifle

Marlin Model 995 Self-Loading Rifle

Norinco Model 22 ATD Rifle

Remington Model 522 Viper Autoloading Rifle

Remington 552BDL Speedmaster Rifle

Ruger 10/22 Autoloading Carbine (w/o folding stock)

Survival Arms AR-7 Explorer Rifle

Texas Remington Revolving Carbine

Voere Model 2115 Auto Rifle

RIMFIRE RIFLES - LEVER & SLIDE ACTION

Browning BL-22 Lever-Action Rifle

Marlin 39TDS Carbine

Marlin Model 39AS Golden Lever-Action Rifle

Remington 572BDL Fieldmaster Pump Rifle

Norinco EM-321 Pump Rifle

Rossi Model 62 SA Pump Rifle

Rossi Model 62 SAC Carbine

Winchester Model 9422 Lever-Action Rifle

Winchester Model 9422 Magnum Lever-Action Rifle

RIMFIRE RIFLES - BOLT ACTIONS & SINGLE SHOTS

Anschutz Achiever Bolt-Action Rifle

Anschutz 1416D/1516D Classic Rifles

Anschutz 1418D/1518D Mannlicher Rifles

Anschutz 1700D Classic Rifles

Anschutz 1700D Custom Rifles

Anschutz 1700 FWT Bolt-Action Rifle

Anschutz 1700D Graphite Custom Rifle

Anschutz 1700D Bavarian Bolt-Action Rifle

Armscor Model 14P Bolt-Action Rifle

Armscor Model 1500 Rifle

BRNO ZKM-452 Deluxe Bolt-Action Rifle

BRNO ZKM 452 Deluxe

Beeman/HW 60-J-ST Bolt-Action Rifle

Browning A-Bolt 22 Bolt-Action Rifle

Browning A-Bolt Gold Medallion

Cabanas Phaser Rifle

Cabanas Master Bolt-Action Rifle

Cabanas Espronceda IV Bolt-Action Rifle

Cabanas Leyre Bolt-Action Rifle

Chipmunk Single Shot Rifle

Cooper Arms Model 36S Sporter Rifle

Dakota 22 Sporter Bolt-Action Rifle

Krico Model 300 Bolt-Action Rifles

Lakefield Arms Mark II Bolt-Action Rifle

Lakefield Arms Mark I Bolt-Action Rifle

Magtech Model MT-22C Bolt-Action Rifle

Marlin Model 880 Bolt-Action Rifle

Marlin Model 881 Bolt-Action Rifle

Marlin Model 882 Bolt-Action Rifle

Marlin Model 883 Bolt-Action Rifle

Marlin Model 883SS Bolt-Action Rifle

Marlin Model 25MN Bolt-Action Rifle

Marlin Model 25N Bolt-Action Repeater

Marlin Model 15YN ''Little Buckaroo''

Mauser Model 107 Bolt-Action Rifle

Mauser Model 201 Bolt-Action Rifle

Navy Arms TU-KKW Training Rifle

Navy Arms TU-33/40 Carbine

Navy Arms TU-KKW Sniper Trainer

Norinco JW-27 Bolt-Action Rifle

Norinco JW-15 Bolt-Action Rifle

Remington 541-T

Remington 40-XR Rimfire Custom Sporter

Remington 541-T HB Bolt-Action Rifle

Remington 581-S Sportsman Rifle

Ruger 77/22 Rimfire Bolt-Action Rifle

Ruger K77/22 Varmint Rifle

Ultra Light Arms Model 20 RF Bolt-Action Rifle

Winchester Model 52B Sporting Rifle

COMPETITION RIFLES - CENTERFIRE & RIMFIRE

Anschutz 64-MS Left Silhouette

Anschutz 1808D RT Super Match 54 Target

Anschutz 1827B Biathlon Rifle

Anschutz 1903D Match Rifle

Anschutz 1803D Intermediate Match

Anschutz 1911 Match Rifle

Anschutz 54.18MS REP Deluxe Silhouette Rifle

Anschutz 1913 Super Match Rifle

Anschutz 1907 Match Rifle

Anschutz 1910 Super Match II

Anschutz 54.18MS Silhouette Rifle

Anschutz Super Match 54 Target Model 2013

Anschutz Super Match 54 Target Model 2007

Beeman/Feinwerkbau 2600 Target Rifle

Cooper Arms Model TRP-1 ISU Standard Rifle

E.A.A./Weihrauch HW 60 Target Rifle

E.A.A./HW 660 Match Rifle

Finnish Lion Standard Target Rifle

Krico Model 360 S2 Biathlon Rifle

Krico Model 400 Match Rifle

Krico Model 360S Biathlon Rifle

Krico Model 500 Kricotronic Match Rifle

Krico Model 600 Sniper Rifle

Krico Model 600 Match Rifle

Lakefield Arms Model 90B Target Rifle

Lakefield Arms Model 91T Target Rifle

Lakefield Arms Model 92S Silhouette Rifle

Marlin Model 2000 Target Rifle

Mauser Model 86-SR Specialty Rifle

McMillan M-86 Sniper Rifle

McMillan Combo M-87/M-88 50-Caliber Rifle

McMillan 300 Phoenix Long Range Rifle

McMillan M-89 Sniper Rifle

McMillan National Match Rifle

McMillan Long Range Rifle

Parker-Hale M-87 Target Rifle

Parker-Hale M-85 Sniper Rifle

Remington 40-XB Rangemaster Target Centerfire

Remington 40-XR KS Rimfire Position Rifle

Remington 40-XBBR KS

Remington 40-XC KS National Match Course Rifle

Sako TRG-21 Bolt-Action Rifle

Steyr-Mannlicher Match SPG-UIT Rifle

Steyr-Mannlicher SSG P-I Rifle

Steyr-Mannlicher SSG P-III Rifle

Steyr-Mannlicher SSG P-IV Rifle

Tanner Standard UIT Rifle

Tanner 50 Meter Free Rifle

Tanner 300 Meter Free Rifle

Wichita Silhouette Rifle

SHOTGUNS - AUTOLOADERS

American Arms/Franchi Black Magic 48/AL

Benelli Super Black Eagle Shotgun

Benelli Super Black Eagle Slug Gun

Benelli M1 Super 90 Field Auto Shotgun

Benelli Montefeltro Super 90 20-Gauge Shotgun

Benelli Montefeltro Super 90 Shotgun

Benelli M1 Sporting Special Auto Shotgun

Benelli Black Eagle Competition Auto Shotgun

Beretta A-303 Auto Shotgun

Beretta 390 Field Auto Shotgun

Beretta 390 Super Trap, Super Skeet Shotguns

Beretta Vittoria Auto Shotgun

Beretta Model 1201F Auto Shotgun

Browning BSA 10 Auto Shotgun

Browning BSA 10 Stalker Auto Shotgun

Browning A-500R Auto Shotgun

Browning A-500G Auto Shotgun

Browning A-500G Sporting Clays

Browning Auto-5 Light 12 and 20

Browning Auto-5 Stalker

Browning Auto-5 Magnum 20

Browning Auto-5 Magnum 12

Churchill Turkey Automatic Shotgun

Cosmi Automatic Shotgun

Maverick Model 60 Auto Shotgun

Mossberg Model 5500 Shotgun

Mossberg Model 9200 Regal Semi-Auto Shotgun

Mossberg Model 9200 USST Auto Shotgun

Mossberg Model 9200 Camo Shotgun

Mossberg Model 6000 Auto Shotgun

Remington Model 1100 Shotgun

Remington 11-87 Premier Shotgun

Remington 11-87 Sporting Clays

Remington 11-87 Premier Skeet

Remington 11-87 Premier Trap

Remington 11-87 Special Purpose Magnum

Remington 11-87 SPS-T Camo Auto Shotgun

Remington 11-87 Special Purpose Deer Gun

Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun

Remington 11-87 SPS-Deer Shotgun

Remington 11-87 Special Purpose Synthetic Camo

Remington SP-10 Magnum-Camo Auto Shotgun

Remington SP-10 Magnum Auto Shotgun

Remington SP-10 Magnum Turkey Combo

Remington 1100 LT-20 Auto

Remington 1100 Special Field

Remington 1100 20-Gauge Deer Gun

Remington 1100 LT-20 Tournament Skeet

Winchester Model 1400 Semi-Auto Shotgun

SHOTGUNS - SLIDE ACTIONS

Browning Model 42 Pump Shotgun

Browning BPS Pump Shotgun

Browning BPS Stalker Pump Shotgun

Browning BPS Pigeon Grade Pump Shotgun

Browning BPS Pump Shotgun (Ladies and Youth Model)

Browning BPS Game Gun Turkey Special

Browning BPS Game Gun Deer Special

Ithaca Model 87 Supreme Pump Shotgun

Ithaca Model 87 Deerslayer Shotgun

Ithaca Deerslayer II Rifled Shotgun

Ithaca Model 87 Turkey Gun

Ithaca Model 87 Deluxe Pump Shotgun

Magtech Model 586-VR Pump Shotgun

Maverick Models 88, 91 Pump Shotguns

Mossberg Model 500 Sporting Pump

Mossberg Model 500 Camo Pump

Mossberg Model 500 Muzzleloader Combo

Mossberg Model 500 Trophy Slugster

Mossberg Turkey Model 500 Pump

Mossberg Model 500 Bantam Pump

Mossberg Field Grade Model 835 Pump Shotgun

Mossberg Model 835 Regal Ulti-Mag Pump

Remington 870 Wingmaster

Remington 870 Special Purpose Deer Gun

Remington 870 SPS-BG-Camo Deer/Turkey Shotgun

Remington 870 SPS-Deer Shotgun

Remington 870 Marine Magnum

Remington 870 TC Trap

Remington 870 Special Purpose Synthetic Camo

Remington 870 Wingmaster Small Gauges

Remington 870 Express Rifle Sighted Deer Gun

Remington 870 SPS Special Purpose Magnum

Remington 870 SPS-T Camo Pump Shotgun

Remington 870 Special Field

Remington 870 Express Turkey

Remington 870 High Grades

Remington 870 Express

Remington Model 870 Express Youth Gun

Winchester Model 12 Pump Shotgun

Winchester Model 42 High Grade Shotgun

Winchester Model 1300 Walnut Pump

Winchester Model 1300 Slug Hunter Deer Gun

Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun

Winchester Model 1300 Turkey Gun

Winchester Model 1300 Ranger Pump Gun

SHOTGUNS - OVER/UNDERS

American Arms/Franchi Falconet 2000 O/U

American Arms Silver I O/U

American Arms Silver II Shotgun

American Arms Silver Skeet O/U

American Arms/Franchi Sporting 2000 O/U

American Arms Silver Sporting O/U

American Arms Silver Trap O/U

American Arms WS/OU 12, TS/OU 12 Shotguns

American Arms WT/OU 10 Shotgun

Armsport 2700 O/U Goose Gun

Armsport 2700 Series O/U

Armsport 2900 Tri-Barrel Shotgun

Baby Bretton Over/Under Shotgun

Beretta Model 686 Ultralight O/U

Beretta ASE 90 Competition O/U Shotgun

Beretta Over/Under Field Shotguns

Beretta Onyx Hunter Sport O/U Shotgun

Beretta Model SO5, SO6, SO9 Shotguns

Beretta Sporting Clay Shotguns

-SOURCE-

Beretta 687EL Sporting O/U

Beretta 682 Super Sporting O/U

Beretta Series 682 Competition Over/Unders

Browning Citori O/U Shotgun

Browning Superlight Citori Over/Under

Browning Lightning Sporting Clays

Browning Micro Citori Lightning

Browning Citori Plus Trap Combo

Browning Citori Plus Trap Gun

Browning Citori O/U Skeet Models

Browning Citori O/U Trap Models

Browning Special Sporting Clays

Browning Citori GTI Sporting Clays

Browning 325 Sporting Clays

Centurion Over/Under Shotgun

Chapuis Over/Under Shotgun

Connecticut Valley Classics Classic Sporter O/U

Connecticut Valley Classics Classic Field Waterfowler

Charles Daly Field Grade O/U

Charles Daly Lux Over/Under

E.A.A./Sabatti Sporting Clays Pro-Gold O/U

E.A.A./Sabatti Falcon-Mon Over/Under

Kassnar Grade I O/U Shotgun

Krieghoff K-80 Sporting Clays O/U

Krieghoff K-80 Skeet Shotgun

Krieghoff K-80 International Skeet

Krieghoff K-80 Four-Barrel Skeet Set

Krieghoff K-80/RT Shotguns

Krieghoff K-80 O/U Trap Shotgun

Laurona Silhouette 300 Sporting Clays

Laurona Silhouette 300 Trap

Laurona Super Model Over/Unders

Ljutic LM-6 Deluxe O/U Shotgun

Marocchi Conquista Over/Under Shotgun

Marocchi Avanza O/U Shotgun

Merkel Model 200E O/U Shotgun

Merkel Model 200E Skeet, Trap Over/Unders

Merkel Model 203E, 303E Over/Under Shotguns

Perazzi Mirage Special Sporting O/U

Perazzi Mirage Special Four-Gauge Skeet

Perazzi Sporting Classic O/U

Perazzi MX7 Over/Under Shotguns

Perazzi Mirage Special Skeet Over/Under

Perazzi MX8/MX8 Special Trap, Skeet

Perazzi MX8/20 Over/Under Shotgun

Perazzi MX9 Single Over/Under Shotguns

Perazzi MX12 Hunting Over/Under

Perazzi MX28, MX410 Game O/U Shotguns

Perazzi MX20 Hunting Over/Under

Piotti Boss Over/Under Shotgun

Remington Peerless Over/Under Shotgun

Ruger Red Label O/U Shotgun

Ruger Sporting Clays O/U Shotgun

San Marco 12-Ga. Wildflower Shotgun

San Marco Field Special O/U Shotgun

San Marco 10-Ga. O/U Shotgun

SKB Model 505 Deluxe Over/Under Shotgun

SKB Model 685 Over/Under Shotgun

SKB Model 885 Over/Under Trap, Skeet, Sporting Clays

Stoeger/IGA Condor I O/U Shotgun

Stoeger/IGA ERA 2000 Over/Under Shotgun

Techni-Mec Model 610 Over/Under

Tikka Model 412S Field Grade Over/Under

Weatherby Athena Grade IV O/U Shotguns

Weatherby Athena Grade V Classic Field O/U

Weatherby Orion O/U Shotguns

Weatherby II, III Classic Field O/Us

Weatherby Orion II Classic Sporting Clays O/U

Weatherby Orion II Sporting Clays O/U

Winchester Model 1001 O/U Shotgun

Winchester Model 1001 Sporting Clays O/U

Pietro Zanoletti Model 2000 Field O/U

SHOTGUNS - SIDE BY SIDES

American Arms Brittany Shotgun

American Arms Gentry Double Shotgun

American Arms Derby Side-by-Side

American Arms Grulla )2 Double Shotgun

American Arms WS/SS 10

American Arms TS/SS 10 Double Shotgun

American Arms TS/SS 12 Side-by-Side

Arrieta Sidelock Double Shotguns

Armsport 1050 Series Double Shotguns

Arizaga Model 31 Double Shotgun

AYA Boxlock Shotguns

AYA Sidelock Double Shotguns

Beretta Model 452 Sidelock Shotgun

Beretta Side-by-Side Field Shotguns

Crucelegui Hermanos Model 150 Double

Chapuis Side-by-Side Shotgun

E.A.A./Sabatti Saba-Mon Double Shotgun

Charles Daly Model Dss Double

Ferlib Model F VII Double Shotgun

Auguste Francotte Boxlock Shotgun

Auguste Francotte Sidelock Shotgun

Garbi Model 100 Double

Garbi Model 101 Side-by-Side

Garbi Model 103A, B Side-by-Side

Garbi Model 200 Side-by-Side

Bill Hanus Birdgun Doubles

Hatfield Uplander Shotgun

Merkel Model 8, 47E Side-by-Side Shotguns

Merkel Model 47LSC Sporting Clays Double

Merkel Model 47S, 147S Side-by-Sides

Parker Reproductions Side-by-Side

Piotti King No. 1 Side-by-Side

Piotti Lunik Side-by-Side

Piotti King Extra Side-by-Side

Piotti Piuma Side-by-Side

Precision Sports Model 600 Series Doubles

Rizzini Boxlock Side-by-Side

Rizzini Sidelock Side-by-Side

Stoeger/IGA Uplander Side-by-Side Shotgun

Ugartechea 10-Ga. Magnum Shotgun

SHOTGUNS - BOLT ACTIONS & SINGLE SHOTS

Armsport Single Barrel Shotgun

Browning BT-99 Competition Trap Special

Browning BT-99 Plus Trap Gun

Browning BT-99 Plus Micro

Browning Recoilless Trap Shotgun

Browning Micro Recoilless Trap Shotgun

Desert Industries Big Twenty Shotgun

Harrington & Richardson Topper Model 098

Harrington & Richardson Topper Classic Youth Shotgun

Harrington & Richardson N.W.T.F. Turkey Mag

Harrington & Richardson Topper Deluxe Model 098

Krieghoff KS-5 Trap Gun

Krieghoff KS-5 Special

Krieghoff K-80 Single Barrel Trap Gun

Ljutic Mono Gun Single Barrel

Ljutic LTX Super Deluxe Mono Gun

Ljutic Recoilless Space Gun Shotgun

Marlin Model 55 Goose Gun Bolt Action

New England Firearms Turkey and Goose Gun

New England Firearms N.W.T.F. Shotgun

New England Firearms Tracker Slug Gun

New England Firearms Standard Pardner

New England Firearms Survival Gun

Perazzi TM1 Special Single Trap

Remington 90-T Super Single Shotgun

Snake Charmer II Shotgun

Stoeger/IGA Reuna Single Barrel Shotgun

Thompson/Center TCR '87 Hunter Shotgun.

(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, Sec.

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, Sec. 110102(a),

110103(a), 110106, 110201(a), 110401(b), (c), 110511, 110514, title

XXXII, Sec. 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,

Sec. 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.)

-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,

provided that, effective 15 years after the 30th day beginning

after Nov. 10, 1988, subsection (p) of this section is repealed.

For repeal of amendments by section 110105(2) of Pub. L.

103-322, see Effective and Termination Dates of 1994 Amendment

note below.

-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.

The date of the enactment of this subsection, referred to in

subsecs. (v)(2) and (w)(2), is the date of enactment of Pub. L.

103-322, which was approved Sept. 13, 1994.

The Atomic Energy Act of 1954, referred to in subsecs. (v)(4)(B)

and (w)(3)(B), is act Aug. 1, 1946, ch. 724, as added by act Aug.

30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended. Title I of

the Act is classified generally to division A (Sec. 2011 et seq.)

of chapter 23 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 2011 of Title 42 and Tables.

-MISC2-

AMENDMENTS

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. 110105(2), 110106, temporarily added

Appendix A at end of section. 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), 110105(2),

temporarily added subsec. (v). See Effective and Termination Dates

of 1994 Amendment note below.

Subsec. (w). Pub. L. 103-322, Sec. 110103(a), 110105(2),

temporarily added subsec. (w). 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

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.

-MISC4-

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, 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,

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 15 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) and (h) of such section are hereby

redesignated as subsections (f) and (g), 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 ',

(c), or (f)' and inserting in lieu thereof 'or (c)'; and

''(E) section 925(a) of such title is amended 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.

CRIMINAL BACKGROUND CHECKS FOR PERSONS OFFERING FIREARM AS

COLLATERAL

Pub. L. 106-58, title VI, Sec. 634, Sept. 29, 1999, 113 Stat.

473, provided that: ''None of the funds made available in this or

any other Act with respect to any fiscal year may be used for any

system to implement section 922(t) of title 18, United States Code,

unless the system allows, in connection with a person's delivery of

a firearm to a Federal firearms licensee as collateral for a loan,

the background check to be performed at the time the collateral is

offered for delivery to such licensee: Provided, That the licensee

notifies local law enforcement within 48 hours of the licensee

receiving a denial on the person offering the collateral: Provided

further, That the provisions of section 922(t) shall apply at the

time of the redemption of the firearm.''

Similar provisions were contained in the following prior

appropriation act:

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

Section 210603(a) of Pub. L. 103-322 provided that: ''Of the

amounts authorized in Sections 103(k) and 106(b)(2) of the Brady

Handgun Violence Prevention Act (18 U.S.C. 922 note) and in section

4(b) of the National Child Protection Act of 1993 (42 U.S.C.

5119b(b)), a total of $100,000,000 for fiscal year 1995,

$25,000,000 for fiscal year 1996, and $25,000,000 for fiscal year

1997 may be appropriated from the Violent Crime Reduction Trust

Fund established by this Act (see 42 U.S.C. 14211).''

NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

Section 103 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(h), (i)(1), Oct. 11, 1996, 110 Stat.

3504, 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. -

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. On request of the

Attorney General, the head of such department or agency shall

furnish such information to the system.

''(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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 923, 924, 925, 925A, 926,

1956, 2516, 5031, 5032 of this title; title 8 section 1101; title

22 section 2415; title 26 section 4182; title 36 sections 40723,

40732, 40733; title 42 section 5633.

-CITE-

18 USC Sec. 923 01/06/03

-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

(FOOTNOTE 1) action under this subsection may be reviewed only as

provided in subsection (f) of this section.

(FOOTNOTE 1) So in original. Probably should be ''Attorney

General's''.

(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. 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. 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

Attorney General may by regulation prescribe.

(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, Sec. 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, Sec. 110102(d), 110103(d), 110301(a),

110302-110307, title XXXIII, Sec. 330011(i), Sept. 13, 1994, 108

Stat. 1998, 1999, 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.)

-STATAMEND-

AMENDMENT OF SECTION

For repeal of amendment by section 110105(2) of Pub. L.

103-322, see Effective and Termination Dates of 1994 Amendment

note below.

-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.

The date of the enactment of this sentence, referred to in

subsec. (i), is the date of enactment of Pub. L. 103-322, which was

approved Sept. 13, 1994.

-MISC2-

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), 110105(2),

temporarily 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.''. See Effective and

Termination Dates of 1994 Amendment note below.

Pub. L. 103-322, Sec. 110102(d), 110105(2), temporarily 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.''. 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.

-MISC4-

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, 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 922 of this title; title

26 section 4182.

-CITE-

18 USC Sec. 924 01/06/03

-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), or (f) 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), (r), (v),

or (w) 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 the Maritime Drug Law

Enforcement Act (46 U.S.C. App. 1901 et seq.).

(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.

(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 the Maritime Drug Law Enforcement

Act (46 U.S.C. App. 1901 et seq.) 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. 802 et seq.), the Controlled Substances Import and Export

Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement

Act (46 U.S.C. App. 1901 et seq.),

(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 the Maritime Drug Law Enforcement

Act (46 U.S.C. App. 1901 et seq.);

(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.

-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, Sec. 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, Sec. 6211,

6212, 6451, 6460, 6462, title VII, Sec. 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, Sec. 2203(d), 2204(c), title XXXV, Sec. 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, Sec.

110102(c), 110103(c), 110201(b), 110401(e), 110503, 110504(a),

110507, 110510, 110515(a), 110517, 110518(a), title XXXIII, Sec.

330002(h), 330003(f)(2), 330011(i), (j), 330016(1)(H), (K), (L),

Sept. 13, 1994, 108 Stat. 1973, 1998, 1999, 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.)

-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, provided that, effective 15 years after the 30th day

beginning after Nov. 10, 1988, subsection (a)(1) of this section

is amended by striking '', (c), or (f)'' and inserting in lieu

thereof ''or (c)'', subsection (f) of this section is repealed,

and subsections (g) and (h) of this section are redesignated as

subsections (f) and (g), respectively, of this section.

For repeal of amendment by section 110105(2) of Pub. L.

103-322, see Effective and Termination Dates of 1994 Amendment

note below.

-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.

The Maritime Drug Law Enforcement Act, referred to in subsecs.

(c)(2), (e)(2)(A)(i), (g)(2), and (k)(1), is Pub. L. 96-350, Sept.

15, 1980, 94 Stat. 1159, as amended, which is classified generally

to chapter 38 (Sec. 1901 et seq.) of Title 46, Appendix, Shipping.

For complete classification of this Act to the Code, see section

1901 of Title 46, Appendix, and Tables.

-MISC2-

AMENDMENTS

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), 110105(2), temporarily

substituted ''(v), or (w)'' for ''or (v)''. See Effective and

Termination Dates of 1994 Amendment note below.

Pub. L. 103-322, Sec. 110102(c)(1), 110105(2), temporarily

substituted ''(r), or (v) of section 922'' for ''or (q) of section

922''. 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, Sec. 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 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, 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 15 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 844, 1028, 1956, 2516,

3142, 3559, 3592, 4042, 5032 of this title; title 8 section 1101;

title 42 sections 3796ll-3, 13726a.

-CITE-

18 USC Sec. 925 01/06/03

-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.)

-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,

provided that, effective 15 years after the 30th day beginning

after Nov. 10, 1988, subsection (a) of this section is amended by

striking '', except for provisions relating to firearms subject

to the prohibitions of section 922(p),'' in pars. (1) to (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.

-MISC2-

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 15 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 922 of this title; title

22 section 2778.

-CITE-

18 USC Sec. 925A 01/06/03

-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.

-CITE-

18 USC Sec. 926 01/06/03

-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 (FOOTNOTE 1) authority to inquire into

the disposition of any firearm in the course of a criminal

investigation.

(FOOTNOTE 1) So in original. Probably should be ''Attorney

General's''.

(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.

-MISC2-

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.

-CITE-

18 USC Sec. 926A 01/06/03

-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.

-CITE-

18 USC Sec. 927 01/06/03

-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.

-CITE-

18 USC Sec. 928 01/06/03

-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.

-CITE-

18 USC Sec. 929 01/06/03

-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 the Maritime Drug Law

Enforcement Act (46 U.S.C. App. 1901 et seq.).

(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.)

-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.

The Maritime Drug Law Enforcement Act, referred to in subsec.

(a)(2), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat. 1159, as

amended, which is classified generally to chapter 38 (Sec. 1901 et

seq.) of Title 46, Appendix, Shipping. For complete classification

of this Act to the Code, see section 1901 of Title 46, Appendix,

and Tables.

-MISC2-

AMENDMENTS

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 924, 1028, 1425, 1426,

1427, 1541, 1542, 1543, 1544, 1546, 1547, 3559 of this title.

-CITE-

18 USC Sec. 930 01/06/03

-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 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.)

-MISC1-

AMENDMENTS

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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1993, 2332b, 2339A of

this title; title 20 section 1415.

-CITE-

18 USC Sec. 931 01/06/03

-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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 924 of this title.

-CITE-