-CITE-
    18 USC CHAPTER 44 - FIREARMS                                01/03/2007

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

-HEAD-
                           CHAPTER 44 - FIREARMS                       

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

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

-End-

-CITE-
    18 USC Sec. 921                                             01/03/2007

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

-HEAD-
    Sec. 921. Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-FOOTNOTE-               

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

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

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

-End-

-CITE-
    18 USC Sec. 922                                             01/03/2007

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

-HEAD-
    Sec. 922. Unlawful acts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (2) If receipt of a firearm would not violate subsection (g) or
    (n) or State law, the system shall - 
        (A) assign a unique identification number to the transfer;
        (B) provide the licensee with the number; and
        (C) destroy all records of the system with respect to the call
      (other than the identifying number and the date the number was
      assigned) and all records of the system relating to the person or
      the transfer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        CRIMINAL BACKGROUND CHECKS FOR PERSONS OFFERING FIREARM AS
                                COLLATERAL
      Pub. L. 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
      Pub. L. 103-322, title XXI, Sec. 210603(a), Sept. 13, 1994, 108
    Stat. 2074, which provided that certain amounts authorized in
    sections 103(k) and 106(b)(2) of Pub. L. 103-159, set out below,
    and section 5119b(b) of Title 42, The Public Health and Welfare,
    may be appropriated from the Violent Crime Reduction Trust Fund,
    was repealed by Pub. L. 109-162, title XI, Sec. 1154(b)(4), Jan. 5,
    2006, 119 Stat. 3113.

             NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM         
      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."

-FOOTNOTE-               

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

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

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

    (!4) See References in Text note below.

-End-

-CITE-
    18 USC Sec. 923                                             01/03/2007

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

-HEAD-
    Sec. 923. Licensing

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

         FUNDING FOR BUREAU NOT AUTHORIZED FOR DISCLOSURE OF DATA     
      Pub. L. 109-108, title I, Nov. 22, 2005, 119 Stat. 2295, provided
    in part: "That no funds appropriated under this or any other Act
    with respect to any fiscal year may be used to disclose part or all
    of the contents of the Firearms Trace System database maintained by
    the National Trace Center of the Bureau of Alcohol, Tobacco,
    Firearms and Explosives or any information required to be kept by
    licensees pursuant to section 923(g) of title 18, United States
    Code, or required to be reported pursuant to paragraphs (3) and (7)
    of such section 923(g), to anyone other than a Federal, State, or
    local law enforcement agency or a prosecutor solely in connection
    with and for use in a bona fide criminal investigation or
    prosecution and then only such information as pertains to the
    geographic jurisdiction of the law enforcement agency requesting
    the disclosure and not for use in any civil action or proceeding
    other than an action or proceeding commenced by the Bureau of
    Alcohol, Tobacco, Firearms and Explosives, or a review of such an
    action or proceeding, to enforce the provisions of chapter 44 of
    such title, and all such data shall be immune from legal process
    and shall not be subject to subpoena or other discovery, shall be
    inadmissible in evidence, and shall not be used, relied on, or
    disclosed in any manner, nor shall testimony or other evidence be
    permitted based upon such data, in any civil action pending on or
    filed after the effective date of this Act [Pub. L. 109-108,
    approved Nov. 22, 2005] in any State (including the District of
    Columbia) or Federal court or in any administrative proceeding
    other than a proceeding commenced by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives to enforce the provisions of that
    chapter, or a review of such an action or proceeding; except that
    this proviso shall not be construed to prevent the disclosure of
    statistical information concerning total production, importation,
    and exportation by each licensed importer (as defined in section
    921(a)(9) of such title) and licensed manufacturer (as defined in
    section 921(a)(10) of such title)".
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 108-447, div. B, title I, Dec. 8, 2004, 118 Stat. 2859.

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

-End-

-CITE-
    18 USC Sec. 924                                             01/03/2007

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

-HEAD-
    Sec. 924. Penalties

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-End-

-CITE-
    18 USC Sec. 925                                             01/03/2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-End-

-CITE-
    18 USC Sec. 925A                                            01/03/2007

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

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

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

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

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

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

-End-

-CITE-
    18 USC Sec. 926                                             01/03/2007

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

-HEAD-
    Sec. 926. Rules and regulations

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

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

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

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

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

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

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

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

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

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

-End-

-CITE-
    18 USC Sec. 926A                                            01/03/2007

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

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

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

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

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

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

-End-

-CITE-
    18 USC Sec. 926B                                            01/03/2007

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

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

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

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

      (d) The identification required by this subsection is the
    photographic identification issued by the governmental agency for
    which the individual is employed as a law enforcement officer.
      (e) As used in this section, the term "firearm" does not include -
     
        (1) any machinegun (as defined in section 5845 of the National
      Firearms Act);
        (2) any firearm silencer (as defined in section 921 of this
      title); and
        (3) any destructive device (as defined in section 921 of this
      title).

-SOURCE-
    (Added Pub. L. 108-277, Sec. 2(a), July 22, 2004, 118 Stat. 865.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5845 of the National Firearms Act, referred to in subsec.
    (e)(1), is classified to section 5845 of Title 26, Internal Revenue
    Code.

-End-

-CITE-
    18 USC Sec. 926C                                            01/03/2007

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

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

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

      (c) As used in this section, the term "qualified retired law
    enforcement officer" means an individual who - 
        (1) retired in good standing from service with a public agency
      as a law enforcement officer, other than for reasons of mental
      instability;
        (2) before such retirement, was authorized by law to engage in
      or supervise the prevention, detection, investigation, or
      prosecution of, or the incarceration of any person for, any
      violation of law, and had statutory powers of arrest;
        (3)(A) before such retirement, was regularly employed as a law
      enforcement officer for an aggregate of 15 years or more; or
        (B) retired from service with such agency, after completing any
      applicable probationary period of such service, due to a service-
      connected disability, as determined by such agency;
        (4) has a nonforfeitable right to benefits under the retirement
      plan of the agency;
        (5) during the most recent 12-month period, has met, at the
      expense of the individual, the State's standards for training and
      qualification for active law enforcement officers to carry
      firearms;
        (6) is not under the influence of alcohol or another
      intoxicating or hallucinatory drug or substance; and
        (7) is not prohibited by Federal law from receiving a firearm.

      (d) The identification required by this subsection is - 
        (1) a photographic identification issued by the agency from
      which the individual retired from service as a law enforcement
      officer that indicates that the individual has, not less recently
      than one year before the date the individual is carrying the
      concealed firearm, been tested or otherwise found by the agency
      to meet the standards established by the agency for training and
      qualification for active law enforcement officers to carry a
      firearm of the same type as the concealed firearm; or
        (2)(A) a photographic identification issued by the agency from
      which the individual retired from service as a law enforcement
      officer; and
        (B) a certification issued by the State in which the individual
      resides that indicates that the individual has, not less recently
      than one year before the date the individual is carrying the
      concealed firearm, been tested or otherwise found by the State to
      meet the standards established by the State for training and
      qualification for active law enforcement officers to carry a
      firearm of the same type as the concealed firearm.

      (e) As used in this section, the term "firearm" does not include -
     
        (1) any machinegun (as defined in section 5845 of the National
      Firearms Act);
        (2) any firearm silencer (as defined in section 921 of this
      title); and
        (3) a destructive device (as defined in section 921 of this
      title).

-SOURCE-
    (Added Pub. L. 108-277, Sec. 3(a), July 22, 2004, 118 Stat. 866.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5845 of the National Firearms Act, referred to in subsec.
    (e)(1), is classified to section 5845 of Title 26, Internal Revenue
    Code.

-End-

-CITE-
    18 USC Sec. 927                                             01/03/2007

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

-HEAD-
    Sec. 927. Effect on State law

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

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

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

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

-End-

-CITE-
    18 USC Sec. 928                                             01/03/2007

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

-HEAD-
    Sec. 928. Separability

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

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

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

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

-End-

-CITE-
    18 USC Sec. 929                                             01/03/2007

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

-HEAD-
    Sec. 929. Use of restricted ammunition

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

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

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

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

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

-End-

-CITE-
    18 USC Sec. 930                                             01/03/2007

-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]."

-End-

-CITE-
    18 USC Sec. 931                                             01/03/2007

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

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

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

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

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

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

-End-