Title 18 United States Code - Crimes and Criminal Procedure

Part I - Crimes

Chapter 44 - Firearms

Section 924 - Penalties 

• (a) 

• (1) Except as otherwise provided in this subsection, subsection (b), (c), or 

(f) of this section, or in section929, whoever -

• (A) knowingly makes any false statement or representation with 

respect to the information required by this chapter to be kept in 

the records of a person licensed under this chapter or in 

applying for any license or exemption or relief from disability 

under the provisions of this chapter; 

• (B) knowingly violates subsection (a)(4), (f), (k), (r), (v), 

or (w) of section 922; 

• (C) knowingly imports or brings into the United States or any 

possession thereof any firearm or ammunition in violation of 

section 922(l); or 

• (D) willfully violates any other provision of this chapter, shall be 

fined under this title, imprisoned not more than five years, or both. 

• (2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), 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 section922 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. 

• (b) Whoever, with intent to commit therewith an offense punishable by 

imprisonment for a term exceeding one year, or with knowledge or reasonable 

cause to believe that an offense punishable by imprisonment for a term 

exceeding one year is to be committed therewith, ships, transports, or receives a 

firearm or any ammunition in interstate or foreign commerce shall be fined under 

this title, or imprisoned not more than ten years, or both. 

• (c) 

• (1) 

• (A) Except to the extent that a greater minimum sentence is 

otherwise provided by this subsection or by any other provision of 

law, any person who, during and in relation to any crime of violence 

or drug trafficking crime (including a crime of violence or drug 

trafficking crime that provides for an enhanced punishment if 

committed by the use of a deadly or dangerous weapon or device) 

for which the person may be prosecuted in a court of the United 

States, uses or carries a firearm, or who, in furtherance of any such 

crime, possesses a firearm, shall, in addition to the punishment 

provided for such crime of violence or drug trafficking crime -

• (i) be sentenced to a term of imprisonment of not less than 5 

years; 
• (ii) if the firearm is brandished, be sentenced to a term of 

imprisonment of not less than 7 years; and 

(iii) if the firearm is discharged, be sentenced to a term of 

imprisonment of not less than 10 years. 

• (B) If the firearm possessed by a person convicted of a violation of 

this subsection -

• (i) is a short-barreled rifle, short-barreled shotgun, or 

semiautomatic assault weapon, the person shall be 

sentenced to a 

term of imprisonment of not less than 10 years; or 

• (ii) is a machinegun or a destructive device, or is equipped 

with a firearm silencer or firearm muffler, the person shall be 

sentenced to a term of imprisonment of not less than 30 

years. 

• (C) In the case of a second or subsequent conviction under this 

subsection, the person shall -

• (i) be sentenced to a term of imprisonment of not less than

25 

years; and 

(ii) if the firearm involved is a machinegun or a destructive 

device, or is equipped with a firearm silencer or firearm 

muffler, be sentenced to imprisonment for life. 

• (D) Notwithstanding any other provision of law -

• (i) a court shall not place on probation any person convicted 

of a violation of this subsection; and 

(ii) no term of imprisonment imposed on a person under this 

subsection shall run concurrently with any other term of 

imprisonment imposed on the person, including any term of 

imprisonment imposed for the crime of violence or drug 

trafficking crime during which the firearm was used, carried, 

or 

possessed. 

• (2) For purposes of this subsection, the term ''drug trafficking crime'' 

means any felony punishable under the Controlled Substances Act (21 

U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 

U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. 

App. 1901 et seq.). 

• (3) For purposes of this subsection the term ''crime of violence'' means an 

offense that is a felony and -

• (A) has as an element the use, attempted use, or threatened use 

of physical force against the person or property of another, or 

• (B) that by its nature, involves a substantial risk that 

physical force against the person or property of another may be 

used in the course of committing the offense. 

• (4) For purposes of this subsection, the term ''brandish'' means, with 

respect to a firearm, to display all or part of the firearm, or otherwise make 
the presence of the firearm known to another person, in order to intimidate 

that person, regardless of whether the firearm is directly visible to that 

person. 

• (d) 

• (1) Any firearm or ammunition involved in or used in any knowing violation 

of subsection (a)(4), (a)(6), (f), (g), (h), (i), 

• (1) Any firearm or ammunition involved in or used in any 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 not 

more than $25,000 and imprisoned not less than fifteen years, and, 

notwithstanding any other provision of law, the court shall not suspend the 

sentence of, or grant a probationary sentence to, such person with respect 

to the conviction under section 922(g). 

• (2) As used in this subsection -

• (A) the term ''serious drug offense'' means -

• (i) an offense under the Controlled Substances Act (21 

U.S.C. 
801 et seq.), the Controlled Substances Import and Export 

Act 

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

Enforcement 

Act (46 U.S.C. App. 1901 et seq.) for which a maximum term 

of 

imprisonment of ten years or more is prescribed by law; or 

• (ii) an offense under State law, involving manufacturing, 

distributing, or possessing with intent to manufacture or 

distribute, a controlled substance (as defined in section102

of the Controlled Substances Act (21 U.S.C. 802)), for which 

a 

maximum term of imprisonment of ten years or more is 

prescribed 

by law; 

• (B) the term ''violent felony'' means any crime punishable by 

imprisonment for a term exceeding one year, or any act of 

juvenile delinquency involving the use or carrying of a firearm, 

knife, or destructive device that would be punishable by 

imprisonment for such term if committed by an adult, that -

• (i) has as an element the use, attempted use, or threatened 

use of physical force against the person of another; or 

• (ii) is burglary, arson, or extortion, involves use of 

explosives, or otherwise involves conduct that presents a 

serious potential risk of physical injury to another; and 

(C) the term ''conviction'' includes a finding that a person 

has committed an act of juvenile delinquency involving a 

violent 

felony. 

• (f) In the case of a person who knowingly violates section 922(p), such person 

shall be fined under this title, or imprisoned not more than 5 years, or both. 

• (g) Whoever, with the intent to engage in conduct which -

• (1) constitutes an offense listed in section 1961(1), 

• (2) is punishable under the Controlled Substances Act (21 

U.S.C. 802 et seq.), the Controlled Substances Import and Export 

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

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

• (3) violates any State law relating to any controlled substance 

(as defined in section 102(6) of the Controlled Substances Act 

(21 U.S.C. 802(6))), or 

• (4) constitutes a crime of violence (as defined in subsection 

(c)(3)), travels from any State or foreign country into any other State and 

acquires, transfers, or attempts to acquire or transfer, a firearm in such 

other State in furtherance of such purpose, shall be imprisoned not more 

than 10 years, fined in accordance with this title, or both. 
• (h) Whoever knowingly transfers a firearm, knowing that such firearm will be 

used to commit a crime of violence (as defined in subsection (c)(3)) or drug 

trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more 

than 10 years, fined in accordance with this title, or both. 

• (i) 

• (1) A person who knowingly violates section 922(u) shall be fined under 

this title, imprisoned not more than 10 years, or both. 

• (2) Nothing contained in this subsection shall be construed as indicating 

an intent on the part of Congress to occupy the field in which provisions of 

this subsection operate to the exclusion of State laws on the same subject 

matter, nor shall any provision of this subsection be construed as 

invalidating any provision of State law unless such provision is 

inconsistent with any of the purposes of this subsection. 

• (j) A person who, in the course of a violation of subsection (c), 

causes the death of a person through the use of a firearm, shall -

• (1) if the killing is a murder (as defined in section 1111), be 

punished by death or by imprisonment for any term of years or for 

life; and 

(2) if the killing is manslaughter (as defined in section 

1112), be punished as provided in that section. 

• (k) A person who, with intent to engage in or to promote conduct 

that -

• (1) is punishable under the Controlled Substances Act (21 

U.S.C. 801 et seq.), the Controlled Substances Import and Export 

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

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

• (2) violates any law of a State relating to any controlled 

substance (as defined in section 102 of the Controlled Substances 

Act, 21 U.S.C. 802); or 

• (3) constitutes a crime of violence (as defined in subsection 

(c)(3)), smuggles or knowingly brings into the United States a firearm, or 

attempts to do so, shall be imprisoned not more than 10 years, fined under 

this title, or both. 

• (l) A person who steals any firearm which is moving as, or is a part 

of, or which has moved in, interstate or foreign commerce shall be 

imprisoned for not more than 10 years, fined under this title, or 

both. 

• (m) A person who steals any firearm from a licensed importer, 

licensed manufacturer, licensed dealer, or licensed collector shall 

be fined under this title, imprisoned not more than 10 years, or 

both. 

• (n) A person who, with the intent to engage in conduct that 

constitutes a violation of section 922(a)(1)(A), travels from any 

State or foreign country into any other State and acquires, or 

attempts to acquire, a firearm in such other State in furtherance of 

such purpose shall be imprisoned for not more than 10 years. 
• (o) A person who conspires to commit an offense under subsection 

(c) shall be imprisoned for not more than 20 years, fined under this 

title, or both; and if the firearm is a machinegun or destructive 

device, or is equipped with a firearm silencer or muffler, shall be 

imprisoned for any term of years or life.