214 
tion 310 of the Controlled Substances Act, or the 
regulations issued under that section, receives or dis-
tributes a reportable amount of any listed chemical 
in units small enough so that the making of records 
or filing of reports under that section is not re-
quired; 
shall be imprisoned not more than 20 years in the case 
of a violation of paragraph (1) or (2) involving a list I 
chemical or not more than 10 years in any other case. 
‘‘(b) INJUNCTIONS.—In addition to any other appli-
cable penalty, any person convicted of a felony violation 
of this section relating to the receipt, distribution, manu-
facture, exportation, or importation of a listed chemical 
may be enjoined from engaging in any transaction involv-
ing a listed chemical for not more than ten years. 
‘‘(c) ADDITIONAL OFFENSES.— 
‘‘(1) Whoever knowingly distributes a listed 
chemical in violation of this chapter or the Con-
trolled Substances Act (other than in violation of a 
recordkeeping or reporting requirement of section 
310 of such Act) shall be imprisoned not more than 
5 years. 
‘‘(2) Whoever knowingly possesses any listed 
chemical, with knowledge that the recordkeeping or 
reporting requirements of section 310 of such Act 
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have not been adhered to, if, after such knowledge 
is acquired, such person does not take immediate 
steps to remedy the violation shall be imprisoned not 
more than one year. 
‘‘§ 409. Domestic regulatory offenses 
‘‘(a) UNLAWFUL CONDUCT GENERALLY.—It shall be 
unlawful for any person— 
‘‘(1) who is subject to the requirements of part 
C of the Controlled Substances Act to distribute or 
dispense a controlled substance in violation of sec-
tion 309 of that Act; 
‘‘(2) who is a registrant to distribute or dis-
pense a controlled substance not authorized by his 
registration to another registrant or other author-
ized person or to manufacture a controlled substance 
not authorized by his registration; 
‘‘(3) who is a registrant to distribute a con-
trolled substance in violation of section 305 of the 
Controlled Substances Act; 
‘‘(4) to remove, alter, or obliterate a symbol or 
label required by section 305 of the Controlled Sub-
stances Act; 
‘‘(5) to refuse or negligently fail to make, keep, 
or furnish any record, report, notification, declara-
tion, order or order form, statement, invoice, or in-
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formation required under the Controlled Substances 
Act or the Controlled Substances Import and Export 
Act; 
‘‘(6) to refuse any entry into any premises or 
inspection authorized by the Controlled Substances 
Act or the Controlled Substances Import and Export 
Act; 
‘‘(7) to remove, break, injure, or deface a seal 
placed upon controlled substances pursuant to sec-
tion 304(f) or 511 of the Controlled Substances Act 
or to remove or dispose of substances so placed 
under seal; 
‘‘(8) to use, to his own advantage, or to reveal, 
other than to duly authorized officers or employees 
of the United States, or to the courts when relevant 
in any judicial proceeding under this title or title III, 
any information acquired in the course of an inspec-
tion authorized by the Controlled Substances Act 
concerning any method or process which as a trade 
secret is entitled to protection, or to use to his own 
advantage or reveal (other than as authorized by 
section 310 of that Act) any information that is con-
fidential under such section; 
‘‘(9) who is a regulated person to engage in a 
regulated transaction without obtaining the identi-
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217 
fication required by 310(a)(3) of the Controlled Sub-
stances Act; 
‘‘(10) negligently to fail to keep a record, make 
a report, or self-certify as required under section 
310 of the Controlled Substances Act; or 
‘‘(11) to distribute a laboratory supply to a per-
son who uses, or attempts to use, that laboratory 
supply to manufacture a controlled substance or a 
listed chemical, in violation of this chapter, the Con-
trolled Substances Act, or the Controlled Substances 
Import and Export Act, with reckless disregard for 
the illegal uses to which such a laboratory supply 
will be put. 
‘‘(12) who is a regulated seller, or a distributor 
required to submit reports under subsection (b)(3) 
of section 310 of the Controlled Substances Act— 
‘‘(A) to sell at retail a scheduled listed 
chemical product in violation of paragraph (1) 
of subsection (d) of such section, knowing at 
the time of the transaction involved (inde-
pendent of consulting the logbook under sub-
section (e)(1)(A)(iii) of such section) that the 
transaction is a violation; or 
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‘‘(B) to knowingly or recklessly sell at re-
tail such a product in violation of paragraph (2) 
of such subsection (d); 
‘‘(13) who is a regulated seller to knowingly or 
recklessly sell at retail a scheduled listed chemical 
product in violation of subsection (e) of section 310 
of the Controlled Substances Act; 
‘‘(14) who is a regulated seller or an employee 
or agent of such seller to disclose, in violation of reg-
ulations 
under 
subparagraph 
(C) 
of 
section 
310(e)(1) of the Controlled Substances Act, informa-
tion in logbooks under subparagraph (A)(iii) of such 
section, or to refuse to provide such a logbook to 
Federal, State, or local law enforcement authorities. 
‘‘(15) to distribute a scheduled listed chemical 
product to a regulated seller, or to a regulated per-
son referred to in section 310(b)(3)(B) of the Con-
trolled Substances Act, unless such regulated seller 
or regulated person is, at the time of such distribu-
tion, currently registered with the Drug Enforce-
ment Administration, or on the list of persons re-
ferred to under section 310(e)(1)(B)(v) of that Act. 
For purposes of paragraph (15), if the distributor is tem-
porarily unable to access the list of persons referred to 
under section 310(e)(1)(B)(v) of the Controlled Sub-
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stances Act, the distributor may rely on a written, faxed, 
or electronic copy of a certificate of self-certification sub-
mitted by the regulated seller or regulated person, pro-
vided the distributor confirms within 7 business days of 
the distribution that such regulated seller or regulated 
person is on the list referred to under section 
310(e)(1)(B)(v) of that Act. 
‘‘(b) DEFINITION.—As used in paragraph (11) of 
subsection (a), the term ‘laboratory supply’ means a listed 
chemical or any chemical, substance, or item on a special 
surveillance list published by the Attorney General, which 
contains chemicals, products, materials, or equipment 
used in the manufacture of controlled substances and list-
ed chemicals. For purposes of that paragraph, there is a 
rebuttable presumption of reckless disregard at trial if the 
Attorney General notifies a firm in writing that a labora-
tory supply sold by the firm, or any other person or firm, 
has been used by a customer of the notified firm, or dis-
tributed further by that customer, for the unlawful pro-
duction of controlled substances or listed chemicals a firm 
distributes and 2 weeks or more after the notification the 
notified firm distributes a laboratory supply to the cus-
tomer. 
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‘‘(c) SCHEDULE I AND II SUBSTANCES.—It shall be 
unlawful for any person who is a registrant to manufac-
ture a controlled substance in schedule I or II which is— 
‘‘(1) not expressly authorized by the registra-
tion and by a quota assigned to that registrant pur-
suant to section 306 of the Controlled Substances 
Act; or 
‘‘(2) in excess of a quota assigned to that reg-
istrant pursuant to section 306. 
‘‘(d) CIVIL PENALTY.— 
‘‘(1)(A) Except as provided in subparagraph 
(B) of this paragraph and paragraph (2), whoever 
violates this section shall, with respect to any such 
violation, be subject to a civil penalty of not more 
than $25,000. 
‘‘(B) In the case of a violation of paragraph (5) or 
(10) of subsection (a), the civil penalty shall not exceed 
$10,000. 
‘‘(2)(A) Whoever knowingly violates this section 
shall, except as otherwise provided in subparagraph 
(B), be imprisoned not more than one year. 
‘‘(B) If a violation referred to in subpara-
graph (A) was committed after one or more 
prior convictions of the offender for an offense 
punishable under this paragraph (2), or for a 
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crime under any other provision of any law of 
the United States relating to controlled sub-
stances, narcotic drugs, marihuana, or depres-
sant or stimulant substances, have become 
final, such person shall be sentenced to a term 
of imprisonment of not more than 2 years. 
‘‘(C) In addition to the penalties set forth 
elsewhere in this title, any business that violates 
paragraph (11) of subsection (a) shall, with re-
spect to the first such violation, be subject to 
a civil penalty of not more than $250,000, but 
shall not be subject to criminal penalties under 
this section, and shall, for any succeeding viola-
tion, be subject to a civil fine of not more than 
$250,000 or double the last previously imposed 
penalty, whichever is greater. 
‘‘(3) Except under the conditions specified in 
paragraph (2) of this subsection, a violation of this 
section does not constitute a crime, and a judgment 
for the United States and imposition of a civil pen-
alty pursuant to paragraph (1) shall not give rise to 
any disability or legal disadvantage based on convic-
tion for a criminal offense. 
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‘‘§ 410. Additional domestic regulatory offenses 
‘‘(a) GENERALLY.—It shall be unlawful for any per-
son knowingly— 
‘‘(1) as a registrant to distribute a controlled 
substance classified in schedule I or II, in the course 
of legitimate business, except pursuant to an order 
or an order form as required by section 308 of the 
Controlled Substances Act; 
‘‘(2) to use in the course of the manufacture, 
distribution, or dispensing of a controlled substance, 
or to use for the purpose of acquiring or obtaining 
a controlled substance, a registration number which 
is fictitious, revoked, suspended, expired, or issued 
to another person; 
‘‘(3) to acquire or obtain possession of a con-
trolled substance by misrepresentation, fraud, for-
gery, deception, or subterfuge; 
‘‘(4)(A) to furnish false or fraudulent material 
information in, or omit any material information 
from, any application, report, record, or other docu-
ment required to be made, kept, or filed under this 
chapter, the Controlled Substances Act, or the Con-
trolled Substances Import and Export Act; or 
‘‘(B) to present false or fraudulent identifica-
tion where the person is receiving or purchasing a 
listed chemical and the person is required to present 
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identification under section 310(a) of the Controlled 
Substances Act; 
‘‘(5) to make, distribute, or possess any punch, 
die, plate, stone, or other thing designed to print, 
imprint, or reproduce the trademark, trade name, or 
other identifying mark, imprint, or device of another 
or any likeness of any of the foregoing upon any 
drug or container or labeling thereof so as to render 
such drug a counterfeit substance; 
‘‘(6) to possess any three-neck round-bottom 
flask, tableting machine, encapsulating machine, or 
gelatin capsule, or any equipment, chemical, prod-
uct, or material which may be used to manufacture 
a controlled substance or listed chemical, knowing, 
intending, or having reasonable cause to believe, that 
it will be used to manufacture a controlled substance 
or listed chemical in violation of this chapter, the 
Controlled Substances Act, or the Controlled Sub-
stances Import and Export Act; 
‘‘(7) to manufacture, distribute, export, or im-
port any three-neck round-bottom flask, tableting 
machine, encapsulating machine, or gelatin capsule, 
or any equipment, chemical, product, or material 
which may be used to manufacture a controlled sub-
stance or listed chemical, knowing, intending, or 
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224 
having reasonable cause to believe, that it will be 
used to manufacture a controlled substance or listed 
chemical in violation of this chapter, the Controlled 
Substances Act, or the Controlled Substances Im-
port and Export Act, or, in the case of an expor-
tation, in violation of this chapter, the Controlled 
Substances Act, the Controlled Substances Import 
and Export Act, or of the laws of the country to 
which it is exported; 
‘‘(8) to create a chemical mixture for the pur-
pose of evading a requirement of section 310 of the 
Controlled Substances Act or to receive a chemical 
mixture created for that purpose; or 
‘‘(9) to distribute, import, or export a list I 
chemical without the registration required by the 
Controlled Substances Act or the Controlled Sub-
stances Import and Export Act. 
‘‘(b) USE OF COMMUNICATION FACILITY.— 
‘‘(1) It shall be unlawful for any person know-
ingly or intentionally to use any communication fa-
cility in committing or in causing or facilitating the 
commission of any felony under this chapter, the 
Controlled Substances Act, or the Controlled Sub-
stances Import and Export Act. 
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‘‘(2) Each separate use of a communication fa-
cility shall be a separate offense under this sub-
section. 
‘‘(3) As used in this subsection, the term ‘com-
munication facility’ means any and all public and 
private instrumentalities used or useful in the trans-
mission of writing, signs, signals, pictures, or sounds 
of all kinds and includes mail, telephone, wire, radio, 
and all other means of communication. 
‘‘(c) ADVERTISING.— 
‘‘(1) It shall be unlawful for any person to place 
in any newspaper, magazine, handbill, or other pub-
lications, any written advertisement knowing that it 
has the purpose of seeking or offering illegally to re-
ceive, buy, or distribute a schedule I controlled sub-
stance. 
‘‘(2) As used in this subsection the term ‘adver-
tisement’ includes such advertisements as those for 
a catalog of schedule I controlled substances and 
any similar written advertisement that has the pur-
pose of seeking or offering illegally to receive, buy, 
or distribute a schedule I controlled substance. The 
term ‘advertisement’ does not include material which 
merely advocates the use of a similar material, which 
advocates a position or practice, and does not at-
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tempt to propose or facilitate an actual transaction 
in a schedule I controlled substance. 
‘‘(d) PENALTIES.— 
‘‘(1) Except as provided in paragraph (2), who-
ever knowingly violates this section shall be impris-
oned not more than 4 years; except that if any per-
son commits such a violation after being convicted 
for a felony under any law of the United States re-
lating to controlled substances, narcotic drugs, mari-
huana, or depressant or stimulant substances, such 
person shall be sentenced to a term of imprisonment 
of not more than 8 years. 
‘‘(2) Whoever, with the intent to manufacture 
or to facilitate the manufacture of methamphet-
amine, violates paragraph (6) or (7) of subsection 
(a), shall be imprisoned not more than 10 years; ex-
cept that if any person commits such a violation 
after one or more prior convictions of that persons 
for a violation of any law of the United States or 
any State relating to controlled substances or listed 
chemicals, such person shall be imprisoned not more 
than 20 years. 
‘‘(e) INJUNCTION
RELATING
TO
ENGAGING
IN 
TRANSACTIONS.—In addition to any other applicable pen-
alty, any person convicted of a felony violation of this sec-
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tion relating to the receipt, distribution, manufacture, ex-
portation, or importation of a listed chemical may be en-
joined from engaging in any transaction involving a listed 
chemical for not more than ten years. 
‘‘(f) DECLARATORY AND OTHER RELIEF.— 
‘‘(1) In addition to any penalty provided in this 
section, the Attorney General is authorized to com-
mence a civil action for appropriate declaratory or 
injunctive relief relating to a violation of this section, 
section 406, or section 409. 
‘‘(2) Any action under this subsection may be 
brought in the district court of the United States for 
the district in which the defendant is located or re-
sides or is doing business. 
‘‘(3) Any order or judgment issued by the court 
pursuant to this subsection shall be tailored to re-
strain the violation. 
‘‘(4) The court shall proceed as soon as prac-
ticable to the hearing and determination of such an 
action. An action under this subsection is governed 
by the Federal Rules of Civil Procedure except that, 
if an indictment has been returned against the re-
spondent, discovery is governed by the Federal Rules 
of Criminal Procedure. 
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‘‘§ 411. Penalty for simple possession 
‘‘(a) ELEMENTS OF OFFENSE.—It shall be unlawful 
for any person knowingly— 
‘‘(1) to possess a controlled substance unless 
such substance was obtained directly, or pursuant to 
a valid prescription or order, from a practitioner act-
ing in the course of professional practice, or except 
as otherwise authorized by this chapter, the Con-
trolled Substances Act, or the Controlled Substances 
Import and Export Act; or 
‘‘(2) to possess any list I chemical obtained 
pursuant to or under authority of a registration 
issued to that person under section 303 of the Con-
trolled Substances Act or section 1008 of the Con-
trolled Substances Import and Export Act, if that 
registration has been revoked or suspended, if that 
registration has expired, or if the registrant has 
ceased to do business in the manner contemplated 
by his registration. 
‘‘(b) PUNISHMENT.— 
‘‘(1) GENERALLY.—Whoever violates subsection 
(a) shall be imprisoned not more than 1 year, except 
that if the offense is after a prior conviction of the 
offender under this chapter, the Controlled Sub-
stances Act, or the Controlled Substances Import 
and Export Act, or for any drug, narcotic, or chem-
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ical offense chargeable under the law of any State, 
the offender shall be imprisoned not less than 15 
days nor more than 2 years and if the offense is 
after two or more such convictions, the offender 
shall be sentenced to a term of imprisonment for not 
less than 90 days but not more than 3 years. 
‘‘(2) FLUNITRAZEPAM.—Notwithstanding any 
penalty provided in this subsection, any person con-
victed under this subsection for the possession of 
flunitrazepam shall be imprisoned for not more than 
3 years. The imposition or execution of a minimum 
sentence required to be imposed under this sub-
section shall not be suspended or deferred. 
‘‘(3) COSTS.—Further, upon conviction, a per-
son who violates this subsection shall be fined the 
reasonable costs of the investigation and prosecution 
of the offense, including the costs of prosecution of 
an offense as defined in sections 1918 and 1920 of 
title 28, except that this sentence does not apply and 
a fine under this section need not be imposed if the 
court determines the defendant lacks the ability to 
pay. 
‘‘(c) DEFINITION.—As used in this section, the term 
‘drug, narcotic, or chemical offense’ means any offense 
which proscribes the possession, distribution, manufac-
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ture, cultivation, sale, transfer, or the attempt or con-
spiracy to possess, distribute, manufacture, cultivate, sell 
or transfer any substance the possession of which is pro-
hibited under this chapter or the Controlled Substances 
Act. 
‘‘§ 412. Civil penalty for possession of small amounts 
of certain controlled substances 
‘‘(a) IN GENERAL.—An individual who knowingly 
possesses a controlled substance listed in section 401(2) 
in violation of section 411 in an amount that, as specified 
by regulation of the Attorney General, is a personal use 
amount shall be liable to the United States for a civil pen-
alty in an amount not to exceed $10,000. 
‘‘(b) INCOME AND NET ASSETS.—The income and 
net assets of an individual shall not be relevant to the de-
termination whether to assess a civil penalty under this 
section or to prosecute the individual criminally. However, 
in determining the amount of a penalty under this section, 
the income and net assets of an individual shall be consid-
ered. 
‘‘(c) PRIOR CONVICTION.—A civil penalty may not be 
assessed under this section if the individual previously was 
convicted of a Federal or State offense relating to a con-
trolled substance. 
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‘‘(d) LIMITATION ON NUMBER OF ASSESSMENTS.— 
A civil penalty may not be assessed on an individual under 
this section on more than two separate occasions. 
‘‘(e) ASSESSMENT.—A civil penalty under this section 
may be assessed by the Attorney General only by an order 
made on the record after opportunity for a hearing in ac-
cordance with section 554 of title 5. The Attorney General 
shall provide written notice to the individual who is the 
subject of the proposed order informing the individual of 
the opportunity to receive such a hearing with respect to 
the proposed order. The hearing may be held only if the 
individual makes a request for the hearing before the expi-
ration of the 30-day period beginning on the date such 
notice is issued. 
‘‘(f) COMPROMISE.—The Attorney General may com-
promise, modify, or remit, with or without conditions, any 
civil penalty imposed under this section. 
‘‘(g) JUDICIAL REVIEW.—If the Attorney General 
issues an order pursuant to subsection (e) after a hearing 
described in such subsection, the individual who is the sub-
ject of the order may, before the expiration of the 30-day 
period beginning on the date the order is issued, bring 
a civil action in the appropriate district court of the 
United States. In such action, the law and the facts of 
the violation and the assessment of the civil penalty shall 
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232 
be determined de novo, and shall include the right of a 
trial by jury, the right to counsel, and the right to confront 
witnesses. The facts of the violation shall be proved beyond 
a reasonable doubt. 
‘‘(h) CIVIL ACTION.—If an individual does not re-
quest a hearing pursuant to subsection (e) and the Attor-
ney General issues an order pursuant to such subsection, 
or if an individual does not under subsection (g) seek judi-
cial review of such an order, the Attorney General may 
commence a civil action in any appropriate district court 
of the United States for the purpose of recovering the 
amount assessed and an amount representing interest at 
a rate computed in accordance with section 1961 of title 
28. Such interest shall accrue from the expiration of the 
30-day period described in subsection (g). In such an ac-
tion, the decision of the Attorney General to issue the 
order, and the amount of the penalty assessed by the At-
torney General, shall not be subject to review. 
‘‘(i) LIMITATION.—The Attorney General may not 
under this section commence proceeding against an indi-
vidual after the expiration of the 5-year period beginning 
on the date on which the individual allegedly violated sub-
section (a). 
‘‘(j) EXPUNGEMENT PROCEDURES.—The Attorney 
General shall dismiss the proceedings under this section 
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against an individual upon application of such individual 
at any time after the expiration of 3 years if— 
‘‘(1) the individual has not previously been as-
sessed a civil penalty under this section; 
‘‘(2) the individual has paid the assessment; 
‘‘(3) the individual has complied with any con-
ditions imposed by the Attorney General; 
‘‘(4) the individual has not been convicted of a 
Federal or State offense relating to a controlled sub-
stance; and 
‘‘(5) the individual agrees to submit to a drug 
test, and such test shows the individual to be drug 
free. 
A nonpublic record of a disposition under this subsection 
shall be retained by the Department of Justice solely for 
the purpose of determining in any subsequent proceeding 
whether the person qualified for a civil penalty or 
expungement under this section. If a record is expunged 
under this subsection, an individual concerning whom such 
an expungement has been made shall not be held there-
after under any provision of law to be guilty of perjury, 
false swearing, or making a false statement by reason of 
his failure to recite or acknowledge a proceeding under 
this section or the results thereof in response to an inquiry 
made of him for any purpose. 
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‘‘§ 413. Continuing criminal enterprise 
‘‘(a) ENGAGING IN ENTERPRISE.— 
‘‘(1) Whoever engages in a continuing criminal 
enterprise shall be imprisoned for any term of years 
not less than 20, or for life. 
‘‘(2) If a person engages in such activity after 
a prior conviction of that person under this section, 
the offender shall be imprisoned any term of years 
not less than 30, or for life. 
‘‘(b) AGGRAVATED OFFENSE.—Whoever engages in 
a continuing criminal enterprise shall be imprisoned for 
life under subsection (a), if— 
‘‘(1) such person is the principal administrator, 
organizer, or leader of the enterprise or is one of 
several such principal administrators, organizers, or 
leaders; and 
‘‘(2)(A) the violation referred to in subsection 
(c)(1) involved at least 300 times the quantity of a 
substance described in section 401(3); or 
‘‘(B) the enterprise, or any other enterprise in 
which the defendant was the principal or one of sev-
eral principal administrators, organizers, or leaders, 
received $10 million dollars in gross receipts during 
any twelve-month period of its existence for the 
manufacture, importation, or distribution of a sub-
stance described in section 401(3). 
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‘‘(c) DEFINITION OF ‘CONTINUING CRIMINAL EN-
TERPRISE’.—For purposes of this section, a ‘continuing 
criminal enterprise’ occurs when— 
‘‘(1) a person violates any provision of this 
chapter the punishment for which is a felony, and 
‘‘(2) such violation is a part of a continuing se-
ries of violations of this chapter— 
‘‘(A) which are undertaken by such person 
in concert with five or more other persons with 
respect to whom such person occupies a posi-
tion of organizer, a supervisory position, or any 
other position of management, and 
‘‘(B) from which such person obtains sub-
stantial income or resources. 
‘‘(d) SPECIAL RULE FOR SENTENCING.—In the case 
of any sentence imposed under this section, imposition or 
execution of such sentence shall not be suspended, proba-
tion shall not be granted, and the Act of July 15, 1932 
(D.C. Code, secs. 24–203—24–207), does not apply. 
‘‘(e) DEATH PENALTY.— 
‘‘(1) In addition to the other penalties set forth 
in this section, whoever— 
‘‘(A) while engaging in or working in fur-
therance of a continuing criminal enterprise, or 
engaging in an offense punishable under section 
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403(a) intentionally kills or counsels, com-
mands, induces, procures, or causes the inten-
tional killing of an individual and such killing 
results; and 
‘‘(B) during the commission of, in further-
ance of, or while attempting to avoid apprehen-
sion, prosecution or service of a prison sentence 
for, a felony violation of this chapter inten-
tionally kills or counsels, commands, induces, 
procures, or causes the intentional killing of 
any Federal, State, or local law enforcement of-
ficer engaged in, or on account of, the perform-
ance of such officer’s official duties and such 
killing results; 
shall be imprisoned any term of year not less than 20, 
or for life, or may be sentenced to death. 
‘‘(2) As used in paragraph (1)(B), the term ‘law en-
forcement officer’ means a public servant authorized by 
law to conduct or engage in the prevention, investigation, 
prosecution or adjudication of an offense, and includes 
those engaged in corrections, probation, or parole func-
tions. 
‘‘§ 414. Drug paraphernalia 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) sells or offers for sale drug paraphernalia; 
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‘‘(2) uses a facility of interstate or foreign com-
merce to transport drug paraphernalia; or 
‘‘(3) imports or exports drug paraphernalia; 
shall be imprisoned not more than three years. 
‘‘(b) DEFINITION.—The term ‘drug paraphernalia’ 
means any equipment, product, or material of any kind 
which is primarily intended or designed for use in manu-
facturing, compounding, converting, concealing, pro-
ducing, processing, preparing, injecting, ingesting, inhal-
ing, or otherwise introducing into the human body a con-
trolled substance, possession of which is unlawful under 
this chapter or the Controlled Substances Act. It includes 
items primarily intended or designed for use in ingesting, 
inhaling, or otherwise introducing marijuana, cocaine, 
hashish, hashish oil, PCP, methamphetamine, or amphet-
amines into the human body, such as— 
‘‘(1) metal, wooden, acrylic, glass, stone, plas-
tic, or ceramic pipes with or without screens, perma-
nent screens, hashish heads, or punctured metal 
bowls; 
‘‘(2) water pipes; 
‘‘(3) carburetion tubes and devices; 
‘‘(4) smoking and carburetion masks; 
‘‘(5) roach clips: meaning objects used to hold 
burning material, such as a marihuana cigarette, 
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that has become too small or too short to be held 
in the hand; 
‘‘(6) miniature spoons with level capacities of 
one-tenth cubic centimeter or less; 
‘‘(7) chamber pipes; 
‘‘(8) carburetor pipes; 
‘‘(9) electric pipes; 
‘‘(10) air-driven pipes; 
‘‘(11) chillums; 
‘‘(12) bongs; 
‘‘(13) ice pipes or chillers; 
‘‘(14) wired cigarette papers; or 
‘‘(15) cocaine freebase kits. 
‘‘(c) FACTORS WHICH MAY BE CONSIDERED.—In 
determining whether an item constitutes drug para-
phernalia, in addition to all other logically relevant factors, 
the following may be considered: 
‘‘(1) Instructions, oral or written, provided with 
the item concerning its use. 
‘‘(2) Descriptive materials accompanying the 
item which explain or depict its use. 
‘‘(3) National and local advertising concerning 
its use. 
‘‘(4) The manner in which the item is displayed 
for sale. 
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‘‘(5) Whether the owner, or anyone in control 
of the item, is a legitimate supplier of like or related 
items to the community, such as a licensed dis-
tributor or dealer of tobacco products. 
‘‘(6) Direct or circumstantial evidence of the 
radio of sales of the item to the total sales of the 
business enterprise. 
‘‘(7) The existence and scope of legitimate uses 
of the item in the community. 
‘‘(8) Expert testimony concerning its use. 
‘‘(d) EXCLUSIONS.—This section does not apply to— 
‘‘(1) any person authorized by local, State, or 
Federal law to manufacture, possess, or distribute 
such items; or 
‘‘(2) any item that, in the normal lawful course 
of business, is imported, exported, transported, or 
sold through the mail or by any other means, and 
traditionally intended for use with tobacco products, 
including any pipe, paper, or accessory. 
‘‘§ 415. Proceedings to establish prior convictions 
‘‘(a) FILING OF INFORMATION.— 
‘‘(1) No person who is convicted of an offense 
under this chapter shall be sentenced to increased 
punishment by reason of one or more prior convic-
tions, unless before trial, or before entry of a plea 
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of guilty, the United States attorney files an infor-
mation with the court (and serves a copy of such in-
formation on the person or counsel for the person) 
stating in writing the previous convictions to be re-
lied upon. Upon a showing by the United States at-
torney that facts regarding prior convictions could 
not with due diligence be obtained prior to trial or 
before entry of a plea of guilty, the court may post-
pone the trial or the taking of the plea of guilty for 
a reasonable period for the purpose of obtaining 
such facts. Clerical mistakes in the information may 
be amended at any time prior to the pronouncement 
of sentence. 
‘‘(2) An information may not be filed under this 
section if the increased punishment which may be 
imposed is imprisonment for a term in excess of 
three years unless the person either waived or was 
afforded prosecution by indictment for the offense 
for which such increased punishment may be im-
posed. 
‘‘(b) AFFIRMATION OR DENIAL OF PREVIOUS CON-
VICTION.—If the United States attorney files an informa-
tion under this section, the court shall after conviction but 
before pronouncement of sentence inquire of the person 
with respect to whom the information was filed whether 
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he affirms or denies that he has been previously convicted 
as alleged in the information, and shall inform him that 
any challenge to a prior conviction which is not made be-
fore sentence is imposed may not thereafter be raised to 
attack the sentence. 
‘‘(c) DENIAL, WRITTEN RESPONSE, AND HEAR-
ING.— 
‘‘(1) If the person denies any allegation of the 
information of prior conviction, or claims that any 
conviction alleged is invalid, he shall file a written 
response to the information. A copy of the response 
shall be served upon the United States attorney. The 
court shall hold a hearing to determine any issues 
raised by the response which would except the per-
son from increased punishment. The failure of the 
United States attorney to include in the information 
the complete criminal record of the person or any 
facts in addition to the convictions to be relied upon 
shall not constitute grounds for invalidating the no-
tice given in the information required by subsection 
(a)(1). The hearing shall be before the court without 
a jury and either party may introduce evidence. Ex-
cept as otherwise provided in paragraph (2) of this 
subsection, the United States attorney shall have the 
burden of proof beyond a reasonable doubt on any 
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242 
issue of fact. At the request of either party, the 
court shall enter findings of fact and conclusions of 
law. 
‘‘(2) A person claiming that a conviction alleged 
in the information was obtained in violation of the 
Constitution of the United States shall set forth his 
claim, and the factual basis therefor, with particu-
larity in his response to the information. The person 
shall have the burden of proof by a preponderance 
of the evidence on any issue of fact raised by the re-
sponse. Any challenge to a prior conviction, not 
raised by response to the information before an in-
creased sentence is imposed in reliance thereon, shall 
be waived unless good cause be shown for failure to 
make a timely challenge. 
‘‘(d) IMPOSITION OF SENTENCE.— 
‘‘(1) If the person files no response to the infor-
mation, or if the court determines, after hearing, 
that the person is subject to increased punishment 
by reason of prior convictions, the court shall pro-
ceed to impose sentence upon him as provided by 
this part. 
‘‘(2) If the court determines that the person 
has not been convicted as alleged in the information, 
that a conviction alleged in the information is in-
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valid, or that the person is otherwise not subject to 
an increased sentence as a matter of law, the court 
shall, at the request of the United States attorney, 
postpone sentence to allow an appeal from that de-
termination. If no such request is made, the court 
shall impose sentence as provided by this part. The 
person may appeal from an order postponing sen-
tence as if sentence had been pronounced and a final 
judgment of conviction entered. 
‘‘(e) CHALLENGES OF VALIDITY OF PRIOR CONVIC-
TIONS.—No person who is convicted of an offense under 
this chapter may challenge the validity of any prior convic-
tion alleged under this section which occurred more than 
five years before the date of the information alleging such 
prior conviction. 
‘‘§ 416. Anhydrous ammonia 
‘‘(a) IN GENERAL.—It is unlawful for any person— 
‘‘(1) to steal anhydrous ammonia, or 
‘‘(2) to transport stolen anhydrous ammonia 
across State lines, 
knowing, intending, or having reasonable cause to believe 
that such anhydrous ammonia will be used to manufacture 
a controlled substance in violation of this part. 
‘‘(b) PUNISHMENT.—Whoever violates subsection (a) 
shall be imprisoned in accordance with section 410(d) as 
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able cause to believe, that the chemical will be used 
to manufacture a controlled substance in violation of 
the laws of the country to which the chemical is ex-
ported; 
‘‘(5) imports or exports a listed chemical, with 
the intent to evade the reporting or recordkeeping 
requirements of section 1018 applicable to such im-
portation or exportation by falsely representing to 
the Attorney General that the importation or expor-
tation qualifies for a waiver of the 15-day notifica-
tion requirement granted pursuant to section 
1018(e) (2) or (3) of the Controlled Substances Im-
port and Export Act by misrepresenting the actual 
country of final destination of the listed chemical or 
the actual listed chemical being imported or ex-
ported; 
‘‘(6) imports or exports a listed chemical in vio-
lation of section 1007 or 1018 of the Controlled 
Substances Import and Export Act; or 
‘‘(7) manufactures, possesses with intent to dis-
tribute, or distributes a listed chemical in violation 
of section 1009 of the Controlled Substances Import 
and Export Act; 
shall be imprisoned not more than 20 years in the case 
of a violation of paragraph (1) or (3) involving a list I 
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chemical or not more than 10 years in the case of a viola-
tion of this subsection other than a violation of paragraph 
(1) or (3) involving a list I chemical, or both. 
‘‘§ 418. Prohibited Acts related to foreign terrorist or-
ganizations 
or 
terrorist 
persons 
and 
groups 
‘‘(a) OFFENSE.—Whoever, as made applicable in sub-
section (b), engages in conduct that would be punishable 
under section 402(1) or 402(2) if committed within the 
jurisdiction of the United States, knowing or intending to 
provide, directly or indirectly, anything of pecuniary value 
to any person or organization that has engaged or engages 
in terrorist activity (as defined in section 212(a)(3)(B) of 
the Immigration and Nationality Act) or terrorism (as de-
fined in section 140(d)(2) of the Foreign Relations Au-
thorization Act, Fiscal Years 1988 and 1989), shall be 
sentenced to a term of imprisonment of not less than twice 
the minimum punishment under section 403, and not 
more than life. Notwithstanding section 3583, any sen-
tence imposed under this subsection shall include a term 
of supervised release of at least 5 years in addition to such 
term of imprisonment. 
‘‘(b) APPLICABILITY.—The conduct described in sub-
section (a) is an offense if— 
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‘‘(1) the prohibited drug activity or the terrorist 
offense is in violation of the criminal laws of the 
United States; 
‘‘(2) the offense, the prohibited drug activity, or 
the terrorist offense occurs in or affects interstate or 
foreign commerce; 
‘‘(3) an offender provides anything of pecuniary 
value for a terrorist offense that causes or is de-
signed to cause death or serious bodily injury to a 
national of the United States while that national is 
outside the United States, or substantial damage to 
the property of a legal entity organized under the 
laws of the United States (including any of its 
States, districts, commonwealths, territories, or pos-
sessions) while that property is outside of the United 
States; 
‘‘(4) the offense or the prohibited drug activity 
occurs in whole or in part outside of the United 
States (including on the high seas), and a perpe-
trator of the offense or the prohibited drug activity 
is a national of the United States or a legal entity 
organized under the laws of the United States (in-
cluding any of its States, districts, commonwealths, 
territories, or possessions); or 
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‘‘(5) after the conduct required for the offense 
occurs an offender is brought into or found in the 
United States, even if the conduct required for the 
offense occurs outside the United States. 
‘‘(c) PROOF REQUIREMENTS.—To violate subsection 
(a), a person must have knowledge that the person or or-
ganization has engaged or engages in terrorist activity (as 
defined in section 212(a)(3)(B) of the Immigration and 
Nationality Act) or terrorism (as defined in section 
140(d)(2) of the Foreign Relations Authorization Act, Fis-
cal Years 1988 and 1989). 
‘‘(d) DEFINITION.—As used in this section, the term 
‘anything of pecuniary value’ has the meaning given the 
term in section 506. 
‘‘§ 419. Offenses involving the Internet 
‘‘(a) INTERNET SALES OF DATE RAPE DRUGS.— 
‘‘(1) Whoever knowingly uses the Internet to 
distribute a date rape drug to any person, knowing 
or with reasonable cause to believe that— 
‘‘(A) the drug would be used in the com-
mission of criminal sexual conduct; or 
‘‘(B) the person is not an authorized pur-
chaser; 
shall be imprisoned not more than 20 years. 
‘‘(2) As used in this subsection: 
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‘‘(A) The term ‘date rape drug’ means— 
‘‘(i) 
gamma 
hydroxybutyric 
acid 
(GHB) or any controlled substance ana-
logue of GHB, including gamma butyro-
lactone (GBL) or 1,4-butanediol; 
‘‘(ii) ketamine; 
‘‘(iii) flunitrazepam; or 
‘‘(iv) any substance which the Attor-
ney General designates, pursuant to the 
rulemaking procedures prescribed by sec-
tion 553 of title 5, to be used in commit-
ting rape or sexual assault. 
The Attorney General is authorized to remove 
any substance from the list of date rape drugs 
pursuant to the same rulemaking authority. 
‘‘(B) The term ‘authorized purchaser’ 
means any of the following persons, provided 
such person has acquired the controlled sub-
stance in accordance with this chapter: 
‘‘(i) A person with a valid prescription 
that is issued for a legitimate medical pur-
pose in the usual course of professional 
practice that is based upon a qualifying 
medical relationship by a practitioner reg-
istered by the Attorney General. A ‘quali-
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fying medical relationship’ means a med-
ical relationship that exists when the prac-
titioner has conducted at least 1 medical 
evaluation with the authorized purchaser 
in the physical presence of the practitioner, 
without regard to whether portions of the 
evaluation are conducted by other heath 
professionals. The preceding sentence shall 
not be construed to imply that 1 medical 
evaluation demonstrates that a prescription 
has been issued for a legitimate medical 
purpose within the usual course of profes-
sional practice. 
‘‘(ii) Any practitioner or other reg-
istrant who is otherwise authorized by 
their registration to dispense, procure, pur-
chase, manufacture, transfer, distribute, 
import, or export the substance under this 
chapter. 
‘‘(iii) A person or entity providing 
documentation that establishes the name, 
address, and business of the person or en-
tity and which provides a legitimate pur-
pose for using any ‘date rape drug’ for 
which a prescription is not required. 
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‘‘(3) The Attorney General is authorized to pro-
mulgate regulations for record-keeping and reporting 
by persons handling 1,4-butanediol in order to im-
plement and enforce the provisions of this section. 
Any record or report required by such regulations 
shall be considered a record or report required under 
this chapter. 
‘‘(b) OFFENSES INVOLVING DISPENSING OF CON-
TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to knowingly or intentionally— 
‘‘(A) deliver, distribute, or dispense a con-
trolled substance by means of the Internet, ex-
cept as authorized by this subchapter; or 
‘‘(B) aid or abet any activity described in 
subparagraph (A) that is not authorized by this 
subchapter. 
‘‘(2) EXAMPLES.—Examples of activities that 
violate paragraph (1) include, but are not limited to, 
knowingly or intentionally— 
‘‘(A) delivering, distributing, or dispensing 
a controlled substance by means of the Internet 
by an online pharmacy that is not validly reg-
istered with a modification authorizing such ac-
tivity as required by section 823(f) of the Con-
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trolled Substances Act (unless exempt from 
such registration); 
‘‘(B) writing a prescription for a controlled 
substance for the purpose of delivery, distribu-
tion, or dispensation by means of the Internet 
in violation of section 829(e) of the Controlled 
Substances Act; 
‘‘(C) serving as an agent, intermediary, or 
other entity that causes the Internet to be used 
to bring together a buyer and seller to engage 
in the dispensing of a controlled substance in a 
manner not authorized by section 823(f) or 
829(e) of the Controlled Substances Act; 
‘‘(D) offering to fill a prescription for a 
controlled substance based solely on a con-
sumer’s completion of an online medical ques-
tionnaire; and 
‘‘(E) making a material false, fictitious, or 
fraudulent statement or representation in a no-
tification or declaration under subsection (d) or 
(e), respectively, of section 831 of the Con-
trolled Substances Act. 
‘‘(3) INAPPLICABILITY.— 
‘‘(A) This subsection does not apply to— 
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‘‘(i) the delivery, distribution, or dis-
pensation of controlled substances by non-
practitioners to the extent authorized by 
their registration under this subchapter; 
‘‘(ii) the placement on the Internet of 
material that merely advocates the use of 
a controlled substance or includes pricing 
information without attempting to propose 
or facilitate an actual transaction involving 
a controlled substance; or 
‘‘(iii) except as provided in subpara-
graph (B), any activity that is limited to— 
‘‘(I) the provision of a tele-
communications service, or of an 
Internet access service or Internet in-
formation location tool (as those 
terms are defined in section 231 of 
title 47); or 
‘‘(II) the transmission, storage, 
retrieval, 
hosting, 
formatting, 
or 
translation (or any combination there-
of) of a communication, without selec-
tion or alteration of the content of the 
communication, except that deletion of 
a particular communication or mate-
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rial made by another person in a man-
ner consistent with section 230(c) of 
title 47 does not constitute such selec-
tion or alteration of the content of the 
communication. 
‘‘(B) The exceptions under subclauses (I) 
and (II) of subparagraph (A)(iii) do not apply 
to a person acting in concert with a person who 
violates paragraph (1). 
‘‘(4) KNOWING OR INTENTIONAL VIOLATION.— 
Any person who knowingly or intentionally violates 
this subsection shall be sentenced in accordance with 
section 403. 
‘‘CHAPTER 19—ORGANIZED CRIME 
‘‘Subchapter 
‘‘A. Racketeering 
‘‘B. Racketeer influenced and corrupt organizations 
‘‘C. Criminal street gangs 
‘‘SUBCHAPTER A—RACKETEERING 
‘‘Sec. 
‘‘501. Interference with commerce by threats or violence. 
‘‘502. Interstate and foreign travel or transportation in aid of racketeering en-
terprises. 
‘‘503. Interstate transportation of wagering paraphernalia. 
‘‘504. Offer, acceptance, or solicitation to influence operations of employee ben-
efit plan. 
‘‘505. Prohibition of illegal gambling businesses. 
‘‘506. Use of interstate commerce facilities in the Commission of murder-for- 
hire. 
‘‘507. Violent crimes in aid of racketeering activity. 
‘‘508. Prohibition of unlicensed money transmitting businesses. 
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‘‘§ 501. Interference with commerce by threats or vio-
lence 
‘‘(a) OFFENSE.—Whoever affects interstate or for-
eign commerce, by robbery or extortion or commits or 
threatens physical violence to any person or property in 
furtherance of a plan or purpose to do anything in viola-
tion of this section shall be imprisoned not more than 20 
years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) The term ‘robbery’ means the unlawful 
taking or obtaining of personal property from the 
person or presence of another, against his will, by 
means of actual or threatened force, or violence, or 
fear of injury, immediate or future, to his person or 
property, or property in his custody or possession, or 
the person or property of a relative or member of his 
family or of anyone in his company at the time of 
the taking or obtaining. 
‘‘(2) The term ‘extortion’ means the obtaining 
of property from another, with his consent, induced 
by wrongful use of actual or threatened force, vio-
lence, or fear, or under color of official right. 
‘‘(c) EXCLUSIONS.—This section does not repeal, 
modify, or affect section 6 or 20 of the Clayton Act, the 
Act of March 23, 1932 (47 Stat. 70) (commonly known 
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as the Norris-LaGuardia Act), the Labor Management Re-
lations Act, 1947, or the Railway Labor Act. 
‘‘§ 502. Interstate and foreign travel or transportation 
in aid of racketeering enterprises 
‘‘(a) ELEMENTS OF OFFENSE.— 
‘‘(1) Whoever travels in interstate or foreign 
commerce or uses the mail or any facility in inter-
state or foreign commerce, with intent to— 
‘‘(A) distribute the proceeds of any unlaw-
ful activity; 
‘‘(B) commit any crime of violence to fur-
ther any unlawful activity; or 
‘‘(C) otherwise promote, manage, establish, 
carry on, or facilitate the promotion, manage-
ment, establishment, or carrying on, of any un-
lawful activity; 
and thereafter performs or attempts to engage in the con-
duct so intended shall be punished as provided in sub-
section (b). 
‘‘(b) PUNISHMENT.—The punishment for an offense 
under subsection (a)— 
‘‘(1) with respect to conduct described in sub-
paragraph (A) or (C) shall be imprisoned not more 
than 5 years; or 
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‘‘(2) with respect to conduct described in sub-
paragraph (B) shall be imprisoned for not more than 
20 years and if death results shall be imprisoned for 
any term of years or for life. 
‘‘(c) DEFINITIONS.—As used in this section the term 
‘unlawful activity’ means— 
‘‘(1) any business enterprise involving gam-
bling, liquor on which the Federal excise tax has not 
been paid, narcotics or controlled substances, or 
prostitution offenses in violation of the laws of the 
State in which they are committed or of the United 
States; 
‘‘(2) extortion, bribery, or arson in violation of 
the laws of the State in which committed or of the 
United States; or 
‘‘(3) any act which is indictable under sub-
chapter II of chapter 53 of title 31, or under section 
1451 or 1452. 
‘‘§ 503. Interstate transportation of wagering para-
phernalia 
‘‘(a) OFFENSE.—Whoever, except a common carrier 
in the usual course of its business, knowingly carries or 
sends in interstate or foreign commerce any device to be 
used— 
‘‘(1) bookmaking; 
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‘‘(2) wagering pools with respect to a sporting 
event; or 
‘‘(3) in a numbers, policy, bolita, or similar 
game; 
shall be imprisoned for not more than five years. 
‘‘(b) EXCLUSION.—This section does not apply to— 
‘‘(1) parimutuel betting equipment, parimutuel 
tickets where legally acquired, or parimutuel mate-
rials used or designed for use at racetracks or other 
sporting events in connection with which betting is 
legal under applicable State law; 
‘‘(2) the transportation of betting materials to 
be used in the placing of bets or wagers on a sport-
ing event into a State in which such betting is legal 
under the statutes of that State; 
‘‘(3) the carriage or transportation in interstate 
or foreign commerce of any newspaper or similar 
publication; 
‘‘(4) equipment, tickets, or materials used or 
designed for use within a State in a lottery con-
ducted by that State acting under authority of State 
law; or 
‘‘(5) the transportation in foreign commerce to 
a destination in a foreign country of equipment, 
tickets, or materials designed to be used within that 
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foreign country in a lottery which is authorized by 
the laws of that foreign country. 
‘‘(c) EFFECT ON STATE PROSECUTIONS.—Nothing in 
this section creates immunity from criminal prosecution 
under any laws of a State. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term‘foreign country’ means any em-
pire, country, dominion, colony, or protectorate, or 
any subdivision thereof (other than the United 
States, its territories or possessions); and 
‘‘(2) the term ‘lottery’ means the pooling of 
proceeds derived from the sale of tickets or chances 
and allotting those proceeds or parts thereof by 
chance to one or more chance takers or ticket pur-
chasers, but does not include the placing or accept-
ing of bets or wagers on sporting events or contests. 
‘‘§ 504. Offer, acceptance, or solicitation to influence 
operations of employee benefit plan 
‘‘(a) OFFENSE.—Whoever, being— 
‘‘(1) an administrator, officer, trustee, custo-
dian, counsel, agent, or employee of any employee 
welfare benefit plan or employee pension benefit 
plan; 
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‘‘(2) an officer, counsel, agent, or employee of 
an employer or an employer any of whose employees 
are covered by such plan; 
‘‘(3) an officer, counsel, agent, or employee of 
an employee organization any of whose members are 
covered by such plan; or 
‘‘(4) a person who, or an officer, counsel, agent, 
or employee of an organization which, provides ben-
efit plan services to such plan; 
receives or agrees to receive or solicits anything of value 
because of or with intent to be influenced with respect to, 
any of the actions, decisions, or other duties relating to 
any question or matter concerning such plan or any person 
who directly or indirectly gives or offers, or promises to 
give or offer, anything prohibited by this section shall be 
imprisoned not more than three years. 
‘‘(b) EXCLUSION.—This section does not prohibit the 
payment to or acceptance by any person of bona fide sal-
ary, compensation, or other payments made for goods or 
facilities actually furnished or for services actually per-
formed in the regular course of his duties as such person, 
administrator, officer, trustee, custodian, counsel, agent, 
or employee of such plan, employer, employee organiza-
tion, or organization providing benefit plan services to 
such plan. 
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‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘any employee welfare benefit 
plan’ or ‘employee pension benefit plan’ means any 
employee welfare benefit plan or employee pension 
benefit plan, respectively, subject to any provision of 
title I of the Employee Retirement Income Security 
Act of 1974; and 
‘‘(2) the term ‘employee organization’ and ‘ad-
ministrator’ have the meanings given those terms, 
respectively, in sections 3(4) and (3)(16) of the Em-
ployee Retirement Income Security Act of 1974. 
‘‘§ 505. Prohibition of illegal gambling businesses 
‘‘(a) OFFENSE.—Whoever conducts, finances, man-
ages, supervises, directs, or owns all or part of an illegal 
gambling business shall be imprisoned not more than five 
years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘illegal gambling business’ means 
a gambling business which— 
‘‘(A) is a violation of the law of a State or 
political subdivision in which it is conducted; 
‘‘(B) involves five or more persons who 
conduct, finance, manage, supervise, direct, or 
own all or part of such business; and 
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‘‘(C) has been or remains in substantially 
continuous operation for a period in excess of 
30 days or has a gross revenue of $2,000 in 
any single day; 
‘‘(2) the term ‘gambling’ includes pool-selling, 
bookmaking, maintaining slot machines, roulette 
wheels or dice tables, and conducting lotteries, pol-
icy, bolita or numbers games, or selling chances 
therein. 
‘‘(c) ESTABLISHMENT OF PROBABLE CAUSE.—If five 
or more persons conduct, finance, manage, supervise, di-
rect, or own all or part of a gambling business and such 
business operates for two or more successive days, then, 
for the purpose of obtaining warrants for arrests, intercep-
tions, and other searches and seizures, probable cause that 
the business receives gross revenue in excess of $2,000 in 
any single day shall be deemed to have been established. 
‘‘(d) EXCLUSION.—This section does not apply to any 
bingo game, lottery, or similar game of chance conducted 
by an organization exempt from tax under paragraph (3) 
of subsection (c) of section 501 of the Internal Revenue 
Code of 1986, as amended, if no part of the gross receipts 
derived from such activity inures to the benefits of any 
private shareholder, member, or employee of such organi-
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263 
zation except as compensation for actual expenses in-
curred by him in the conduct of such activity. 
‘‘§ 506. Use of interstate commerce facilities in the 
Commission of murder-for-hire 
‘‘(a) OFFENSE.—Whoever travels in or causes an-
other (including the intended victim) to travel in interstate 
or foreign commerce, or uses or causes another (including 
the intended victim) to use the mail or any facility of inter-
state or foreign commerce, with intent that a murder be 
committed in violation of the laws of any State or the 
United States as consideration for the receipt of, or as 
consideration for a promise or agreement to pay, anything 
of pecuniary value shall be imprisoned for not more than 
ten years; and if personal injury results, shall be impris-
oned for not more than twenty years, and if death results, 
shall be punished by death or life imprisonment. 
‘‘(b) DEFINITION.—As used in this section and sec-
tion 507, the term ‘anything of pecuniary value’ means 
anything of value in the form of money, a negotiable in-
strument, a commercial interest, or anything else the pri-
mary significance of which is economic advantage. 
‘‘§ 507. Violent crimes in aid of racketeering activity 
‘‘(a) OFFENSE.—Whoever, as consideration for the 
receipt of, or as consideration for a promise or agreement 
to pay, anything of pecuniary value from an enterprise en-
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264 
gaged in racketeering activity, or for the purpose of gain-
ing entrance to or maintaining or increasing position in 
an enterprise engaged in racketeering activity, murders, 
kidnaps, maims, assaults with a dangerous weapon, com-
mits assault resulting in serious bodily injury upon, or 
threatens to commit a crime of violence against any indi-
vidual in violation of the laws of any State or the United 
States shall be punished— 
‘‘(1) for murder, by death or life imprisonment; 
and for kidnapping, by imprisonment for any term 
of years or for life; 
‘‘(2) for maiming, by imprisonment for not 
more than thirty years; 
‘‘(3) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than twenty years; 
‘‘(4) for threatening to commit a crime of vio-
lence, by imprisonment for not more than five years; 
‘‘(5) for attempting or conspiring to commit 
murder or kidnapping, by imprisonment for not 
more than ten years; and 
‘‘(6) for attempting or conspiring to commit a 
crime involving maiming, assault with a dangerous 
weapon, or assault resulting in serious bodily injury, 
by imprisonment for not more than three years. 
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265 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘racketeering activity’ has the 
meaning set forth in section 511; and 
‘‘(2) the term ‘enterprise’ includes any partner-
ship, corporation, association, or other legal entity, 
and any union or group of individuals associated in 
fact although not a legal entity, which is engaged in, 
or the activities of which affect, interstate or foreign 
commerce. 
‘‘§ 508. Prohibition of unlicensed money transmitting 
businesses 
‘‘(a) OFFENSE.—Whoever knowingly conducts, con-
trols, manages, supervises, directs, or owns all or part of 
an unlicensed money transmitting business, shall be im-
prisoned not more than 5 years. 
‘‘(b) DEFINITION.—As used in this section— 
‘‘(1) the term ‘unlicensed money transmitting 
business’ means a money transmitting business 
which affects interstate or foreign commerce in any 
manner or degree and— 
‘‘(A) is operated without an appropriate 
money transmitting license in a State where 
such operation is punishable as a misdemeanor 
or a felony under State law, whether or not the 
defendant knew that the operation was required 
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266 
to be licensed or that the operation was so pun-
ishable; 
‘‘(B) fails to comply with the money trans-
mitting 
business 
registration 
requirements 
under section 5330 of title 31, or regulations 
prescribed under such section; or 
‘‘(C) otherwise involves the transportation 
or transmission of funds that are known to the 
defendant to have been derived from a criminal 
offense or are intended to be used to promote 
or support unlawful activity; and 
‘‘(2) the term ‘money transmitting’ includes 
transferring funds on behalf of the public by any 
and all means including but not limited to transfers 
within this country or to locations abroad by wire, 
check, draft, facsimile, or courier. 
‘‘SUBCHAPTER B—RACKETEER INFLUENCED 
AND CORRUPT ORGANIZATIONS 
‘‘Sec. 
‘‘511. Definitions. 
‘‘512. Prohibited activities. 
‘‘513. Criminal penalties. 
‘‘514. Civil remedies. 
‘‘515. Venue and process. 
‘‘516. Expedition of actions. 
‘‘517. Evidence. 
‘‘518. Civil investigative demand. 
‘‘§ 511. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘racketeering activity’ means— 
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‘‘(A) any act or threat involving murder, 
kidnapping, gambling, arson, robbery, bribery, 
extortion, dealing in obscene matter, or dealing 
in a controlled substance or listed chemical (as 
defined in section 102 of the Controlled Sub-
stances Act), which is chargeable under State 
law and punishable by imprisonment for more 
than one year; 
‘‘(B) any act which is indictable under any 
of the following provisions of this title: Section 
991 (relating to bribery), section 1007 (relating 
to sports bribery), sections 692, 693, and 694 
(relating to counterfeiting), section 647 (relat-
ing to theft from interstate shipment) if the act 
indictable under section 647 is felonious, sec-
tion 651 (relating to embezzlement from pen-
sion and welfare funds), sections 155, 156, and 
157 (relating to extortionate credit trans-
actions), section 783 (relating to fraud and re-
lated activity in connection with identification 
documents), section 786 (relating to fraud and 
related activity in connection with access de-
vices), section 1381 (relating to the trans-
mission of gambling information), section 801 
(relating to mail fraud), section 803 (relating to 
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268 
wire fraud), section 804 (relating to financial 
institution fraud), section 315 (relating to the 
procurement of citizenship or nationalization 
unlawfully), section 316 (relating to the sale of 
naturalization or citizenship papers), 318 (relat-
ing to bringing in or harboring certain aliens), 
321 (relating to aiding or assisting certain 
aliens to enter the United States), (if the viola-
tion of section 318 or 321 was committed for 
financial gain) sections 1441–1443 (relating to 
obscene matter), section 1132 (relating to ob-
struction of justice), section 1135 (relating to 
obstruction of criminal investigations), section 
1136 (relating to the obstruction of State or 
local law enforcement), section 1137 (relating 
to tampering with a witness, victim, or an in-
formant), section 1138 (relating to retaliating 
against a witness, victim, or an informant), sec-
tion 311 (relating to false statement in applica-
tion and use of passport), section 312 (relating 
to forgery or false use of passport), section 313 
(relating to misuse of passport), section 314 
(relating to fraud and misuse of visas, permits, 
and other documents), sections 1261–1266 (re-
lating to peonage, slavery, and trafficking in 
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269 
persons), section 501 (relating to interference 
with commerce, robbery, or extortion), section 
502 (relating to racketeering), section 503 (re-
lating to interstate transportation of wagering 
paraphernalia), section 504 (relating to unlaw-
ful welfare fund payments), section 505 (relat-
ing to the prohibition of illegal gambling busi-
nesses), section 1451 (relating to the laun-
dering of monetary instruments), section 1452 
(relating to engaging in monetary transactions 
in property derived from specified unlawful ac-
tivity), section 506 (relating to use of interstate 
commerce facilities in the commission of mur-
der-for-hire), section 508 (relating to prohibi-
tion of unlicensed money transmitting busi-
nesses), sections 221, 222, and 223 (relating to 
sexual exploitation of children), sections 671 
and 672 (relating to interstate transportation of 
stolen motor vehicles), sections 673 and 674 
(relating to interstate transportation of stolen 
property), section 675 (relating to trafficking in 
counterfeit labels for phonorecords, computer 
programs or computer program documentation 
or packaging and copies of motion pictures or 
other audiovisual works), section 676 (relating 
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270 
to criminal infringement of a copyright), section 
678 (relating to unauthorized fixation of and 
trafficking in sound recordings and music vid-
eos of live musical performances), section 680 
(relating to trafficking in counterfeit goods or 
services), section 681 (relating to trafficking in 
certain motor vehicles or motor vehicle parts), 
sections 1411–1416 (relating to trafficking in 
contraband cigarettes), sections 211–213 (relat-
ing to white slave traffic), sections 621–627 
(relating to biological weapons), sections 631- 
636 (relating to chemical weapons), section 601 
(relating to nuclear materials); 
‘‘(C) any act which is indictable under sec-
tion 186 (dealing with restrictions on payments 
and loans to labor organizations) or section 
501(c) (relating to embezzlement from union 
funds) of title 29, United States Code; 
‘‘(D) any offense involving fraud connected 
with a case under title 11 (except a case under 
section 885), fraud in the sale of securities, or 
the felonious manufacture, importation, receiv-
ing, concealment, buying, selling, or otherwise 
dealing in a controlled substance or listed chem-
ical (as defined in section 102 of the Controlled 
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271 
Substances Act), punishable under any law of 
the United States; 
‘‘(E) any act which is indictable under the 
Currency and Foreign Transactions Reporting 
Act; 
‘‘(F) any act which is indictable under sec-
tion 278 of the Immigration and Nationality 
Act, if the act indictable under such section of 
such Act was committed for the purpose of fi-
nancial gain; or 
‘‘(G) any act that is indictable under any 
provision listed in section 273(g)(3)(B); 
‘‘(2) the term ‘enterprise’ includes any indi-
vidual, partnership, corporation, association, or 
other legal entity, and any union or group of individ-
uals associated in fact although not a legal entity; 
‘‘(3) the term ‘pattern of racketeering activity’ 
requires at least two acts of racketeering activity, 
one of which occurred after October 15, 1970 and 
the last of which occurred within ten years (exclud-
ing any period of imprisonment) after the commis-
sion of a prior act of racketeering activity; 
‘‘(4) the term ‘unlawful debt’ means a debt— 
‘‘(A) incurred or contracted in gambling 
activity which was in violation of the law of the 
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United States, a State or political subdivision 
thereof, or which is unenforceable under State 
or Federal law in whole or in part as to prin-
cipal or interest because of the laws relating to 
usury; and 
‘‘(B) which was incurred in connection 
with the business of gambling in violation of the 
law of the United States, a State or political 
subdivision thereof, or the business of lending 
money or a thing of value at a rate usurious 
under State or Federal law, where the usurious 
rate is at least twice the enforceable rate; 
‘‘(5) the term ‘racketeering investigator’ means 
any attorney or investigator so designated by the At-
torney General and charged with the duty of enforc-
ing or carrying into effect this chapter; 
‘‘(6) the term ‘racketeering investigation’ means 
any inquiry conducted by any racketeering investi-
gator for the purpose of ascertaining whether any 
person has been involved in any violation of this sub-
chapter or of any final order, judgment, or decree of 
any court of the United States, duly entered in any 
case or proceeding arising under this subchapter; 
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‘‘(7) the term ‘documentary material’ includes 
any book, paper, document, record, recording, or 
other material; and 
‘‘(8) the term ‘Attorney General’ includes the 
Attorney General of the United States, the Deputy 
Attorney General of the United States, the Associate 
Attorney General of the United States, any Assist-
ant Attorney General of the United States, or any 
employee of the Department of Justice or any em-
ployee of any department or agency of the United 
States so designated by the Attorney General to 
carry out the powers conferred on the Attorney Gen-
eral by this chapter, and any department or agency 
so designated may use in investigations authorized 
by this subchapter either the investigative provisions 
of this subchapter or the investigative power of such 
department or agency otherwise conferred by law. 
‘‘§ 512. Prohibited activities 
‘‘(a) USING OR INVESTING PROCEEDS.—It shall be 
unlawful for any person who has received any income de-
rived, directly or indirectly, from a pattern of racketeering 
activity or through collection of an unlawful debt in which 
such person has participated as a principal within the 
meaning of section 2, to use or invest, directly or indi-
rectly, any part of such income, or the proceeds of such 
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income, in acquisition of any interest in, or the establish-
ment or operation of, any enterprise which is engaged in, 
or the activities of which affect, interstate or foreign com-
merce. A purchase of securities on the open market for 
purposes of investment, and without the intention of con-
trolling or participating in the control of the issuer, or of 
assisting another to do so, shall not be unlawful under 
this subsection if the securities of the issuer held by the 
purchaser, the members of his immediate family, and his 
or their accomplices in any pattern or racketeering activity 
or the collection of an unlawful debt after such purchase 
do not amount in the aggregate to one percent of the out-
standing securities of any one class, and do not confer, 
either in law or in fact, the power to elect one or more 
directors of the issuer. 
‘‘(b) MAINTAINING INTEREST OR CONTROL.—It shall 
be unlawful for any person through a pattern of racket-
eering activity or through collection of an unlawful debt 
to acquire or maintain, directly or indirectly, any interest 
in or control of any enterprise which is engaged in, or the 
activities of which affect, interstate or foreign commerce. 
‘‘(c) CONDUCTING AFFAIRS.—It shall be unlawful for 
any person employed by or associated with any enterprise 
engaged in, or the activities of which affect, interstate or 
foreign commerce, to conduct or participate, directly or 
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indirectly, in the conduct of such enterprise’s affairs 
through a pattern of racketeering activity or collection of 
unlawful debt. 
‘‘§ 513. Criminal penalties 
‘‘Whoever violates section 512 shall be imprisoned 
not more than 20 years (or for life if the violation is based 
on a racketeering activity for which the maximum penalty 
includes life imprisonment). 
‘‘§ 514. Civil remedies 
‘‘(a) PREVENTION
AND
RESTRAINT
OF
VIOLA-
TIONS.—The district courts of the United States shall 
have jurisdiction to prevent and restrain violations of sec-
tion 512 by issuing appropriate orders, including— 
‘‘(1) ordering any person to divest any interest 
in any enterprise; and 
‘‘(2) imposing reasonable restrictions on the fu-
ture activities or investments of any person, includ-
ing— 
‘‘(A) prohibiting that person from engag-
ing in the same type of endeavor as the enter-
prise engaged in, the activities of which affect 
interstate or foreign commerce; or 
‘‘(B) ordering dissolution or reorganization 
of any enterprise, making due provision for the 
rights of innocent persons. 
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‘‘(b) PRELIMINARY MATTERS.—The Attorney Gen-
eral may institute proceedings under this section. Pending 
final determination thereof, the court may at any time 
enter such restraining orders or prohibitions, or take such 
other actions, including the acceptance of satisfactory per-
formance bonds, as it shall deem proper. 
‘‘(c) PRIVATE RIGHT OF ACTION.—Any person in-
jured in his business or property by reason of a violation 
of section 512 may sue therefor in any appropriate United 
States district court and shall recover threefold the dam-
ages he sustains and the cost of the suit, including a rea-
sonable attorney’s fee, except that no person may rely 
upon any conduct that would have been actionable as 
fraud in the purchase or sale of securities to establish a 
violation of section 512. The exception contained in the 
preceding sentence does not apply to an action against any 
person that is criminally convicted in connection with the 
fraud, in which case the statute of limitations shall start 
to run on the date on which the conviction becomes final. 
‘‘(d) ESTOPPEL.—A final judgment or decree ren-
dered in favor of the United States in any criminal pro-
ceeding brought by the United States under this chapter 
shall estop the defendant from denying the essential alle-
gations of the criminal offense in any subsequent civil pro-
ceeding brought by the United States. 
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‘‘§ 515. Venue and process 
‘‘(a) VENUE.—Any civil action or proceeding under 
this subchapter may be instituted in the district court of 
the United States for any district in which such person 
resides, is found, has an agent, or transacts his affairs. 
‘‘(b) SUMMONS.—In any action under section 514 in 
any district court of the United States in which it is shown 
that the ends of justice require that other parties residing 
in any other district be brought before the court, the court 
may cause such parties to be summoned, and process for 
that purpose may be served in any judicial district of the 
United States by the marshal thereof. 
‘‘(c) SUBPOENAS.—In any civil or criminal action or 
proceeding instituted by the United States under this sub-
chapter in the district court of the United States for any 
judicial district, subpoenas issued by such court to compel 
the attendance of witnesses may be served in any other 
judicial district, except that in any civil action or pro-
ceeding no such subpoena shall be issued for service upon 
any individual who resides in another district at a place 
more than one hundred miles from the place at which such 
court is held without approval given by a judge of such 
court upon a showing of good cause. 
‘‘(d) OTHER PROCESS.—All other process in any ac-
tion or proceeding under this subchapter may be served 
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on any person in any judicial district in which such person 
resides, is found, has an agent, or transacts affairs. 
‘‘§ 516. Expedition of actions 
‘‘In any civil action instituted under this subchapter 
by the United States in any district court of the United 
States, the Attorney General may file with the clerk of 
such court a certificate stating that in the Attorney Gen-
eral’s opinion the case is of general public importance. A 
copy of that certificate shall be furnished immediately by 
such clerk to the chief judge or, in the absence of the chief 
judge, to the presiding district judge of the district in 
which such action is pending. Upon receipt of such copy, 
such judge shall designate immediately a judge of that dis-
trict to hear and determine the action. 
‘‘§ 517. Evidence 
‘‘In any proceeding ancillary to or in any civil action 
instituted by the United States under this subchapter the 
proceedings may be open or closed to the public at the 
discretion of the court after consideration of the rights of 
affected persons. 
‘‘§ 518. Civil investigative demand 
‘‘(a) ISSUANCE.—If the Attorney General has reason 
to believe that any person or enterprise may be in posses-
sion, custody, or control of any documentary materials rel-
evant to a racketeering investigation, the Attorney General 
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may, before the institution of a civil or criminal proceeding 
thereon, issue in writing, and cause to be served upon such 
person, a civil investigative demand requiring such person 
to produce such material for examination. 
‘‘(b) CONTENTS.—Each such demand shall— 
‘‘(1) state the nature of the conduct consti-
tuting the alleged racketeering violation which is 
under investigation and the provision of law applica-
ble thereto; 
‘‘(2) describe the class or classes of documen-
tary material produced thereunder with such defi-
niteness and certainty as to permit such material to 
be fairly identified; 
‘‘(3) state that the demand is returnable forth-
with or prescribe a return date which will provide a 
reasonable period of time within which the material 
so demanded may be assembled and made available 
for inspection and copying or reproduction; and 
‘‘(4) identify the custodian to whom such mate-
rial shall be made available. 
‘‘(c) LIMITATION.—No such demand shall— 
‘‘(1) contain any requirement which would be 
held to be unreasonable if contained in a subpoena 
duces tecum issued by a court of the United States 
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in aid of a grand jury investigation of such alleged 
racketeering violation; or 
‘‘(2) require the production of any documentary 
evidence which would be privileged from disclosure if 
demanded by a subpoena duces tecum issued by a 
court of the United States in aid of a grand jury in-
vestigation of such alleged racketeering violation. 
‘‘(d) SERVICE.—Service of any such demand or any 
petition filed under this section may be made upon a per-
son by— 
‘‘(1) delivering a duly executed copy thereof to 
any partner, executive officer, managing agent, or 
general agent thereof, or to any agent thereof au-
thorized by appointment or by law to receive service 
of process on behalf of such person, or upon any in-
dividual person; 
‘‘(2) delivering a duly executed copy thereof to 
the principal office or place of business of the person 
to be served; or 
‘‘(3) depositing such copy in the United States 
mail, by registered or certified mail duly addressed 
to such person at its principal office or place of busi-
ness. 
‘‘(e) RETURN.—A verified return by the individual 
serving any such demand or petition setting forth the 
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manner of such service shall be prima facie proof of such 
service. In the case of service by registered or certified 
mail, such return shall be accompanied by the return post 
office receipt of delivery of such demand. 
‘‘(f) DOCUMENT CUSTODIAN.— 
‘‘(1) The Attorney General shall designate a 
racketeering investigator to serve as racketeer docu-
ment custodian, and such additional racketeering in-
vestigators as the Attorney General shall determine 
from time to time to be necessary to serve as depu-
ties to such officer. 
‘‘(2) Any person upon whom any demand issued 
under this section has been duly served shall make 
such material available for inspection and copying or 
reproduction to the custodian designated therein at 
the principal place of business of such person, or at 
such other place as such custodian and such person 
thereafter may agree and prescribe in writing or as 
the court may direct, pursuant to this section on the 
return date specified in such demand, or on such 
later date as such custodian may prescribe in writ-
ing. Such person may upon written agreement be-
tween such person and the custodian substitute for 
copies of all or any part of such material originals 
thereof. 
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‘‘(3) The custodian to whom any documentary 
material is so delivered shall take physical possession 
thereof, and shall be responsible for the use made 
thereof and for the return thereof pursuant to this 
chapter. The custodian may cause the preparation of 
such copies of such documentary material as may be 
required for official use under regulations which 
shall be promulgated by the Attorney General. While 
in the possession of the custodian, no material so 
produced shall be available for examination, without 
the consent of the person who produced such mate-
rial, by any individual other than the Attorney Gen-
eral. Under such reasonable terms and conditions as 
the Attorney General shall prescribe, documentary 
material while in the possession of the custodian 
shall be available for examination by the person who 
produced such material or any duly authorized rep-
resentatives of such person. 
‘‘(4) Whenever any attorney has been des-
ignated to appear on behalf of the United States be-
fore any court or grand jury in any case or pro-
ceeding involving any alleged violation of this chap-
ter, the custodian may deliver to such attorney such 
documentary material in the possession of the custo-
dian as such attorney determines to be required for 
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use in the presentation of such case or proceeding 
on behalf of the United States. Upon the conclusion 
of any such case or proceeding, such attorney shall 
return to the custodian any documentary material so 
withdrawn which has not passed into the control of 
such court or grand jury through the introduction 
thereof into the record of such case or proceeding. 
‘‘(5) Upon the completion of— 
‘‘(A) the racketeering investigation for 
which any documentary material was produced 
under this subchapter, and 
‘‘(B) any case or proceeding arising from 
such investigation, 
the custodian shall return to the person who pro-
duced such material all such material other than 
copies thereof made by the Attorney General pursu-
ant to this subsection which has not passed into the 
control of any court or grand jury through the intro-
duction thereof into the record of such case or pro-
ceeding. 
‘‘(6) When any documentary material has been 
produced by any person under this section for use in 
any racketeering investigation, and no such case or 
proceeding arising therefrom has been instituted 
within a reasonable time after completion of the ex-
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amination and analysis of all evidence assembled in 
the course of such investigation, such person shall be 
entitled, upon written demand made upon the Attor-
ney General, to the return of all documentary mate-
rial other than copies thereof made pursuant to this 
subsection so produced by such person. 
‘‘(7) In the event of the death, disability, or 
separation from service of the custodian of any docu-
mentary material produced under any demand 
issued under this section or the official relief of such 
custodian from responsibility for the custody and 
control of such material, the Attorney General shall 
promptly— 
‘‘(A) designate another racketeering inves-
tigator to serve as custodian thereof, and 
‘‘(B) transmit notice in writing to the per-
son who produced such material as to the iden-
tity and address of the successor so designated. 
Any successor so designated shall have with regard 
to such materials all duties and responsibilities im-
posed by this section upon the predecessor custodian 
with regard thereto, except that the successor shall 
not be held responsible for any default or dereliction 
which occurred before the successor’s designation as 
custodian. 
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‘‘(g) ENFORCEMENT PETITION.—Whenever any per-
son fails to comply with any civil investigative demand 
duly served upon him under this section or whenever satis-
factory copying or reproduction of any such material can-
not be done and such person refuses to surrender such 
material, the Attorney General may file, in the district 
court of the United States for any judicial district in which 
such person resides, is found, or transacts business, and 
serve upon such person a petition for an order of such 
court for the enforcement of this section, except that if 
such person transacts business in more than one such dis-
trict such petition shall be filed in the district in which 
such person maintains his principal place of business, or 
in such other district in which such person transacts busi-
ness as may be agreed upon by the parties to such peti-
tion. 
‘‘(h) MODIFICATION OR SETTING ASIDE.—Within 20 
days after the service of any such demand upon any per-
son, or at any time before the return date specified in the 
demand, whichever period is shorter, such person may file, 
in the district court of the United States for the judicial 
district within which such person resides, is found, or 
transacts business, and serve upon such custodian a peti-
tion for an order of such court modifying or setting aside 
such demand. The time allowed for compliance with the 
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demand in whole or in part as deemed proper and ordered 
by the court shall not run during the pendency of such 
petition in the court. Such petition shall specify each 
ground upon which the petitioner relies in seeking such 
relief, and may be based upon any failure of such demand 
to comply with the provisions of this section or upon any 
constitutional or other legal right or privilege of such per-
son. 
‘‘(i) ORDERING CUSTODIAN TO PERFORM DUTY.—At 
any time during which any custodian is in custody or con-
trol of any documentary material delivered by any person 
in compliance with any such demand, such person may 
file, in the district court of the United States for the judi-
cial district within which the office of such custodian is 
situated, and serve upon such custodian a petition for an 
order of such court requiring the performance by such cus-
todian of any duty imposed upon him by this section. 
‘‘(j) JURISDICTION.—Whenever any petition is filed 
in any district court of the United States under this sec-
tion, such court shall have jurisdiction to hear and deter-
mine the matter so presented, and to enter such order or 
orders as may be required to carry into effect the provi-
sions of this section. 
‘‘SUBCHAPTER C—CRIMINAL STREET GANGS 
‘‘Sec. 
‘‘521. Criminal street gangs. 
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‘‘§ 521. Criminal street gangs 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘conviction’ includes a finding, 
under State or Federal law, that a person has com-
mitted an act of juvenile delinquency involving a vio-
lent or controlled substances felony; and 
‘‘(2) the term ‘criminal street gang’ means an 
ongoing group, club, organization, or association of 
5 or more persons— 
‘‘(A) that has as 1 of its primary purposes 
the commission of 1 or more of the criminal of-
fenses described in subsection (c); 
‘‘(B) the members of which engage, or 
have engaged within the past 5 years, in a con-
tinuing series of offenses described in sub-
section (c); and 
‘‘(C) the activities of which affect inter-
state or foreign commerce. 
‘‘(b) PENALTY.—The sentence of a person convicted 
of an offense described in subsection (c) shall be increased 
by not more than 10 years if the offense is committed 
under the circumstances described in subsection (d). 
‘‘(c) OFFENSES.—The offenses described in this sec-
tion are— 
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‘‘(1) a Federal felony involving a controlled sub-
stance for which the maximum penalty is not less 
than 5 years; 
‘‘(2) a Federal felony crime of violence that has 
as an element the use or attempted use of physical 
force against the person of another; and 
‘‘(3) a conspiracy to commit an offense de-
scribed in paragraph (1) or (2). 
‘‘(d) CIRCUMSTANCES.—The circumstances described 
in this section are that the offense described in subsection 
(c) was committed by a person who— 
‘‘(1) participates in a criminal street gang with 
knowledge that its members engage in or have en-
gaged in a continuing series of offenses described in 
subsection (c); 
‘‘(2) intends to promote or further the felonious 
activities of the criminal street gang or maintain or 
increase his or her position in the gang; and 
‘‘(3) has been convicted within the past 5 years 
for— 
‘‘(A) an offense described in subsection (c); 
‘‘(B) a State offense— 
‘‘(i) involving a controlled substance 
for which the maximum penalty is not less 
than 5 years imprisonment; or 
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‘‘(ii) that is a felony crime of violence 
that has as an element the use or at-
tempted use of physical force against the 
person of another; 
‘‘(C) any Federal or State felony offense 
that by its nature involves a substantial risk 
that physical force against the person of an-
other may be used in the course of committing 
the offense; or 
‘‘(D) a conspiracy to commit an offense de-
scribed in subparagraph (A), (B), or (C). 
‘‘CHAPTER 21—ARSON, FIREARMS, 
EXPLOSIVES, AND WEAPONS CRIMES 
‘‘Subchapter 
‘‘A. Arson 
‘‘B. Firearms 
‘‘C. Explosives 
‘‘D. Importation, manufacture, distribution, and storage of Explosive Materials 
‘‘E. Biological weapons 
‘‘F. Chemical weapons 
‘‘SUBCHAPTER A—ARSON 
‘‘Sec. 
‘‘571. Arson within special maritime and territorial jurisdiction. 
‘‘§ 571. Arson within special maritime and territorial 
jurisdiction 
‘‘Whoever, within the special maritime and territorial 
jurisdiction of the United States, willfully and maliciously 
sets fire to or burns any building, structure or vessel, any 
machinery or building materials or supplies, military or 
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naval stores, munitions of war, or any structural aids or 
appliances for navigation or shipping shall be imprisoned 
for not more than 25 years. If the building is a dwelling 
or if the life of any person is placed in jeopardy, the of-
fender shall be imprisoned for any term of years or for 
life. 
‘‘SUBCHAPTER B—FIREARMS 
‘‘Sec. 
‘‘581. Definitions. 
‘‘582. Unlawful Acts. 
‘‘583. Licensing. 
‘‘584. Penalties. 
‘‘585. Exceptions: relief from disabilities. 
‘‘586. Remedy for erroneous denial of firearm. 
‘‘587. Rules and regulations. 
‘‘588. Interstate transportation of firearms. 
‘‘589. Carrying of concealed firearms by qualified law enforcement officers. 
‘‘590. Carrying of concealed firearms by qualified retired law enforcement offi-
cers. 
‘‘591. Use of restricted ammunition. 
‘‘592. Possession of firearms and dangerous weapons in Federal facilities. 
‘‘593. Prohibition on purchase, ownership, or possession of body armor by vio-
lent felons. 
‘‘§ 581. Definitions 
‘‘For the purposes of this subchapter— 
‘‘(1) 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 fire-
arm silencer; or (D) any destructive device. Such 
term does not include an antique firearm. 
‘‘(2) The term ‘destructive device’ means— 
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‘‘(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 in-
cendiary charge of more than one-quarter 
ounce, 
‘‘(v) mine, or 
‘‘(vi) device similar to any of the de-
vices 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 particu-
larly suitable for sporting purposes) by what-
ever 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 de-
signed or intended for use in converting any de-
vice into any destructive device described in 
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subparagraph (A) or (B) and from which a de-
structive device may be readily assembled. 
Such term does not include any device which is nei-
ther 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 Sec-
retary of the Army pursuant to 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. 
‘‘(3) The term ‘shotgun’ means a weapon de-
signed or redesigned, made or remade, and intended 
to be fired from the shoulder and designed or rede-
signed 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. 
‘‘(4) The term ‘short-barreled shotgun’ means a 
shotgun having one or more barrels less than eight-
een inches in length and any weapon made from a 
shotgun (whether by alteration, modification or oth-
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erwise) if such a weapon as modified has an overall 
length of less than twenty-six inches. 
‘‘(5) 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 explo-
sive to fire only a single projectile through a rifled 
bore for each single pull of the trigger. 
‘‘(6) 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. 
‘‘(7) The term ‘importer’ means any person en-
gaged in the business of importing or bringing fire-
arms or ammunition into the United States for pur-
poses of sale or distribution; and the term ‘licensed 
importer’ means any such person licensed under this 
chapter. 
‘‘(8) The term ‘manufacturer’ means any per-
son engaged in the business of manufacturing fire-
arms or ammunition for purposes of sale or distribu-
tion; and the term ‘licensed manufacturer’ means 
any such person licensed under this chapter. 
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‘‘(9) The term ‘dealer’ means (A) any person 
engaged in the business of selling firearms at whole-
sale or retail, (B) any person engaged in the busi-
ness of repairing firearms or of making or fitting 
special barrels, stocks, or trigger mechanisms to fire-
arms, or (C) any person who is a pawnbroker. The 
term ‘licensed dealer’ means any dealer who is li-
censed under this chapter. 
‘‘(10) 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. 
‘‘(11) 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 this chapter. 
‘‘(12) The term ‘indictment’ includes an indict-
ment or information in any court under which a 
crime punishable by imprisonment for a term ex-
ceeding one year may be prosecuted. 
‘‘(13) 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. 
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‘‘(14) 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 load-
ing shotgun, or muzzle loading pistol, which is 
designed to use black powder, or a black powder 
substitute, and which cannot use fixed ammuni-
tion. 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 
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fixed ammunition by replacing the barrel, bolt, 
breechblock, or any combination thereof. 
‘‘(15)(A) The term ‘ammunition’ means ammu-
nition or cartridge cases, primers, bullets, or propel-
lent 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 con-
structed entirely (excluding the presence of 
traces of other substances) from one or a com-
bination 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 pro-
jectile. 
‘‘(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 
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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. 
‘‘(16) The term ‘published ordinance’ means a 
published law of any political subdivision of a State 
which the Attorney General determines to be rel-
evant to the enforcement of this subchapter and 
which is contained on a list compiled by the Attor-
ney General, which list shall be published in the 
Federal Register, revised annually, and furnished to 
each licensee under this subchapter. 
‘‘(17) The term ‘crime punishable by imprison-
ment for a term exceeding one year’ does not in-
clude— 
‘‘(A) any Federal or State offenses per-
taining 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 punish-
able by a term of imprisonment of two years or 
less. 
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What constitutes a conviction of such a crime shall 
be determined in accordance with the law of the ju-
risdiction 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 convic-
tion for purposes of this subchapter, unless such 
pardon, expungement, or restoration of civil rights 
expressly provides that the person may not ship, 
transport, possess, or receive firearms. 
‘‘(18) The term ‘engaged in the business’ 
means— 
‘‘(A) as applied to a manufacturer of fire-
arms, 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 manufac-
tured; 
‘‘(B) as applied to a manufacturer of am-
munition, 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 
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through the sale or distribution of the ammuni-
tion manufactured; 
‘‘(C) as applied to a dealer in firearms, as 
defined in paragraph (9)(A), a person who de-
votes time, attention, and labor to dealing in 
firearms as a regular course of trade or busi-
ness with the principal objective of livelihood 
and profit through the repetitive purchase and 
resale of firearms, but such term does not in-
clude a person who makes occasional sales, ex-
changes, or purchases of firearms for the en-
hancement 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 paragraph (9)(B), a person who de-
votes time, attention, and labor to engaging in 
such activity as a regular course of trade or 
business with the principal objective of liveli-
hood and profit, but such term does not include 
a person who makes occasional repairs of fire-
arms, 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 
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to importing firearms as a regular course of 
trade or business with the principal objective of 
livelihood and profit through the sale or dis-
tribution of the firearms imported; and 
‘‘(F) as applied to an importer of ammuni-
tion, 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 im-
ported. 
‘‘(19) The term ‘with the principal objective of 
livelihood and profit’ means that the intent under-
lying the sale or disposition of firearms is predomi-
nantly one of obtaining livelihood and pecuniary 
gain, as opposed to other intents, such as improving 
or liquidating a personal firearms collection, but 
proof of profit is not required as to a person who en-
gages in the regular and repetitive purchase and dis-
position of firearms for criminal purposes or ter-
rorism. In this paragraph, the term ‘terrorism’ 
means activity, directed against United States per-
sons, which— 
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‘‘(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 dan-
gerous 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 gov-
ernment by intimidation or coercion; or 
‘‘(iii) to affect the conduct of a gov-
ernment by assassination or kidnapping. 
‘‘(20) The term ‘machinegun’ has the meaning 
given such term in section 5845(b) of the National 
Firearms Act. 
‘‘(21) The terms ‘firearm silencer’ and ‘firearm 
muffler’ mean any device for silencing, muffling, or 
diminishing the report of a portable firearm, includ-
ing any combination of parts, designed or rede-
signed, and intended for use in assembling or fabri-
cating a firearm silencer or firearm muffler, and any 
part intended only for use in such assembly or fab-
rication. 
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‘‘(22) The term ‘school zone’ means— 
‘‘(A) in, or on the grounds of, a public, pa-
rochial or private school; or 
‘‘(B) within a distance of 1,000 feet from 
the grounds of a public, parochial or private 
school. 
‘‘(23) The term ‘school’ means a school which 
provides elementary or secondary education, as de-
termined under State law. 
‘‘(24) The term ‘motor vehicle’ has the meaning 
given such term in section 13102 of title 49. 
‘‘(25) 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 re-
quires a separate pull of the trigger to fire each car-
tridge. 
‘‘(26) 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. 
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‘‘(27) 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. 
‘‘(28)(A) The term ‘misdemeanor crime of do-
mestic violence’ means an offense that— 
‘‘(i) is a misdemeanor under Federal, 
State, or Tribal law; and 
‘‘(ii) has, as an element, the use or at-
tempted 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 guard-
ian of the victim. 
‘‘(B)(i) A person shall not be considered to have 
been convicted of such an offense for purposes of 
this subchapter, unless— 
‘‘(I) the person was represented by counsel 
in the case, or knowingly and intelligently 
waived the right to counsel in the case; and 
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304 
‘‘(II) in the case of a prosecution for an of-
fense described in this paragraph for which a 
person was entitled to a jury trial in the juris-
diction in which the case was tried, either— 
‘‘(aa) the case was tried by a jury; or 
‘‘(bb) the person knowingly and intel-
ligently 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 subchapter 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. 
‘‘(29) 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 de-
vice; 
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‘‘(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 combina-
tion, or other similar means. 
‘‘(30) The term ‘body armor’ means any prod-
uct sold or offered for sale, in interstate or foreign 
commerce, as personal protective body covering in-
tended 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. 
‘‘(31) A member of the Armed Forces on active 
duty is a resident of the State in which his perma-
nent duty station is located. 
‘‘§ 582. Unlawful Acts 
‘‘(a) REGULATORY OFFENSES.—It shall be unlaw-
ful— 
‘‘(1) for any person— 
‘‘(A) except a licensed importer, licensed 
manufacturer, or licensed dealer, to engage in 
the business of importing, manufacturing, or 
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306 
dealing in firearms, or in the course of such 
business to ship, transport, or receive any fire-
arm in interstate or foreign commerce; or 
‘‘(B) except a licensed importer or licensed 
manufacturer, to engage in the business of im-
porting 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 this chapter to ship or trans-
port in interstate or foreign commerce any firearm 
to any person other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed col-
lector, except that— 
‘‘(A) this paragraph and subsection (b)(3) 
shall not be held to preclude a licensed im-
porter, 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 does not preclude an individual from 
mailing a firearm owned in compliance with 
Federal, State, and local law to a licensed im-
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307 
porter, licensed manufacturer, licensed dealer, 
or licensed collector; 
‘‘(B) this paragraph does not preclude a li-
censed importer, licensed manufacturer, or li-
censed dealer from depositing a firearm for con-
veyance in the mails to any officer, employee, 
agent, or watchman who, pursuant to section 
950, is eligible to receive through the mails pis-
tols, revolvers, and other firearms capable of 
being concealed on the person, for use in con-
nection 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 im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector to transport into or receive in the 
State where he resides (or if the person is a corpora-
tion or other business entity, the State where it 
maintains a place of business) any fire arm pur-
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308 
chased or otherwise obtained by such person outside 
that State, except that this paragraph— 
‘‘(A) does not preclude any person who 
lawfully acquires a firearm by bequest or intes-
tate 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 fire-
arm in that State; 
‘‘(B) does not apply to the transportation 
or receipt of a firearm obtained in conformity 
with subsection (b)(3); and 
‘‘(C) does not apply to the transportation 
of any firearm acquired in any State before De-
cember 16, 1968. 
‘‘(4) for any person, other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector, to transport in interstate or foreign 
commerce any destructive device, machinegun, short- 
barreled shotgun, or short-barreled rifle, except as 
specifically authorized by the Attorney General con-
sistent with public safety and necessity; 
‘‘(5) for any person (other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector) to transfer, sell, trade, give, trans-
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309 
port, or deliver any firearm to any person (other 
than a licensed importer, licensed manufacturer, li-
censed dealer, or licensed collector) who the trans-
feror 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 re-
sides; except that this paragraph does not apply to 
(A) the transfer, transportation, or delivery of a fire-
arm 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 resi-
dence, and (B) the loan or rental of a firearm to any 
person for temporary use for lawful sporting pur-
poses; 
‘‘(6) for any person in connection with the ac-
quisition or attempted acquisition of any firearm or 
ammunition from a licensed importer, licensed man-
ufacturer, 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 
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310 
to the lawfulness of the sale or other disposition of 
such firearm or ammunition under 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 depart-
ment or agency of the United States, any State, 
or any department, agency, or political subdivi-
sion 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 polit-
ical subdivision of a State; 
‘‘(B) is for the purpose of exportation; or 
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‘‘(C) is for the purpose of testing or ex-
perimentation and has been authorized by the 
Attorney General; and 
‘‘(9) for any person, other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector, who does not reside in any State to 
receive any firearms unless such receipt is for lawful 
sporting purposes. 
‘‘(b) LICENSEE OFFENSES.—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 indi-
vidual 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 
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312 
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 busi-
ness in) the State in which the licensee’s place of 
business is located, except that this paragraph (A) 
does 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) does 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, ma-
chinegun, short-barreled shotgun, or short-barreled 
rifle, except as specifically authorized by the Attor-
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313 
ney General consistent with public safety and neces-
sity; 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 583, 
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 enti-
ty. 
Paragraphs (1), (2), (3), and (4) of this subsection does 
not apply to transactions between licensed importers, li-
censed manufacturers, licensed dealers, and licensed col-
lectors. Paragraph (4) of this subsection does not apply 
to a sale or delivery to any research organization des-
ignated by the Attorney General. 
‘‘(c) BACKGROUND CHECK FOR PERSONS NOT AP-
PEARING IN PERSON.—In any case not otherwise prohib-
ited by this chapter, a licensed importer, licensed manu-
facturer, 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, manufac-
turer, or dealer) only if— 
‘‘(1) the transferee submits to the transferor a 
sworn statement in the following form: 
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‘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 subchapter 
B of chapter 21 of title 18, United States Code, from re-
ceiving 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 applica-
ble 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 con-
taining 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 
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315 
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 ac-
cordance with United States Post Office Department 
regulations; and 
‘‘(3) the transferor has delayed shipment or de-
livery for a period of at least seven days following 
receipt of the notification of the acceptance or re-
fusal of delivery of the statement. 
A copy of the sworn statement and a copy of the notifica-
tion to the local law enforcement officer, together with evi-
dence 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 583(g). 
‘‘(d) SALES
AND DISPOSITIONS
TO PROHIBITED 
CLASSES OF PERSONS.—It shall be unlawful for any per-
son to sell or otherwise dispose of any firearm or ammuni-
tion to any person knowing or having reasonable cause to 
believe that such person— 
‘‘(1) is under indictment for, or has been con-
victed in any court of, a crime punishable by impris-
onment for a term exceeding one year; 
‘‘(2) is a fugitive from justice; 
‘‘(3) is an unlawful user of or addicted to any 
controlled substance; 
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‘‘(4) has been adjudicated as a mental defective 
or has been committed to any mental institution; 
‘‘(5) is an alien and— 
‘‘(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 de-
fined in section 101(a)(26) of the Immigration 
and Nationality Act); 
‘‘(6) has been discharged from the Armed 
Forces under dishonorable conditions; 
‘‘(7) was a citizen of the United States, and has 
renounced that 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 rea-
sonable 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 
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such person had the opportunity to participate; 
and 
‘‘(B)(i) includes a finding that such person 
represents a credible threat to the physical safe-
ty of such intimate partner or child; or 
‘‘(ii) by its terms explicitly prohibits the 
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child 
that would reasonably be expected to cause bod-
ily injury; or 
‘‘(9) has been convicted in any court of a mis-
demeanor crime of domestic violence. 
This subsection does not apply with respect to the sale 
or disposition of a firearm or ammunition to a licensed 
importer, licensed manufacturer, licensed dealer, or li-
censed collector who pursuant to subsection (b) of section 
585 is not precluded from dealing in firearms or ammuni-
tion, or to a person who has been granted relief from dis-
abilities pursuant to subsection (c) of section 585. 
‘‘(e) NOTICE TO CARRIER.—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, li-
censed dealers, or licensed collectors, any package or other 
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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 con-
tract carrier for movement with the passenger in inter-
state or foreign commerce may deliver said firearm or am-
munition into the custody of the pilot, captain, conductor 
or operator of such common or contract carrier for the 
duration of the trip without violating this chapter. No 
common or contract carrier shall require or cause any 
label, tag, or other written notice to be placed on the out-
side of any package, luggage, or other container that such 
package, luggage, or other container contains a firearm. 
‘‘(f) COMMON OR CONTRACT CARRIER OFFENSES.— 
‘‘(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 this subchapter. 
‘‘(2) It shall be unlawful for any common or 
contract carrier to deliver in interstate or foreign 
commerce any firearm without obtaining written ac-
knowledgement of receipt from the recipient of the 
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package or other container in which there is a fire-
arm. 
‘‘(g) PROHIBITIONS ON FIREARM-RELATED ACTIVI-
TIES BY CERTAIN PERSONS.—It shall be unlawful for any 
person— 
‘‘(1) who has been convicted in any court of, a 
crime punishable by imprisonment for a term ex-
ceeding one year; 
‘‘(2) who is a fugitive from justice; 
‘‘(3) who is an unlawful user of or addicted to 
any controlled substance; 
‘‘(4) who has been adjudicated as a mental de-
fective or who has been committed to a mental insti-
tution; 
‘‘(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 de-
fined in section 101(a)(26) of the Immigration 
and Nationality Act); 
‘‘(6) who has been discharged from the Armed 
Forces under dishonorable conditions; 
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‘‘(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 safe-
ty of such intimate partner or child; or 
‘‘(ii) by its terms explicitly prohibits the 
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child 
that would reasonably be expected to cause bod-
ily 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 ammuni-
tion; or to receive any firearm or ammunition which has 
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321 
been shipped or transported in interstate or foreign com-
merce. 
‘‘(h) EMPLOYEE OFFENSE.—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 fire-
arm or ammunition in or affecting interstate or for-
eign commerce; or 
‘‘(2) to receive any firearm or ammunition 
which has been shipped or transported in interstate 
or foreign commerce. 
‘‘(i) TRANSPORT OF STOLEN FIREARMS AND AMMU-
NITION.—It shall be unlawful for any person to transport 
or ship in interstate or foreign commerce, any stolen fire-
arms or stolen ammunition, knowing or having reasonable 
cause to believe that the firearm or ammunition was sto-
len. 
‘‘(j) POSSESSION
AND DISPOSITION
OF STOLEN 
FIREARMS AND AMMUNITION.—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 
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of, which constitutes, or which has been shipped or trans-
ported 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) SERIAL NUMBER OFFENSE.—It shall be unlaw-
ful 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 re-
moved, 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 for-
eign commerce. 
‘‘(l) IMPORTATION.—Except as provided in section 
585(d), 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 unlaw-
ful for any person knowingly to receive any firearm or am-
munition which has been imported or brought into the 
United States or any possession thereof in violation of this 
subchapter. 
‘‘(m) FALSE ENTRY.—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 
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maintain, any record which he is required to keep pursu-
ant to section 583 or regulations promulgated thereunder. 
‘‘(n) INDICTED PERSONS.—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 for-
eign commerce. 
‘‘(o) TRANSFER
OR
POSSESSION
OF
MACHINE-
GUNS.— 
‘‘(1) Except as provided in paragraph (2), it 
shall be unlawful for any person to transfer or pos-
sess a machinegun. 
‘‘(2) This subsection does not apply with re-
spect 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 posses-
sion of a machinegun that was lawfully pos-
sessed before the date this subsection takes ef-
fect. 
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‘‘(p) NONDETECTABLE FIREARMS.— 
‘‘(1) It shall be unlawful for any person to man-
ufacture, 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 Se-
curity Exemplar, by walk-through metal detec-
tors calibrated and operated to detect the Secu-
rity 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 fire-
arm; and 
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‘‘(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 cali-
brating metal detectors; 
but, at the close of such 12-month period, and 
at appropriate times thereafter the Attorney 
General shall prescribe regulations to permit 
the manufacture, importation, sale, shipment, 
delivery, possession, transfer, or receipt of fire-
arms previously prohibited under this subpara-
graph that are as detectable as a ‘Security Ex-
emplar’ which contains 3.7 ounces of material 
type 17–4 PH stainless steel, in a shape resem-
bling a handgun, or such lesser amount as is 
detectable in view of advances in state-of-the- 
art developments in weapons detection tech-
nology 
‘‘(3) Under such rules and regulations as the 
Attorney General shall prescribe, this subsection 
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does 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 fire-
arm 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 proto-
type 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 uncon-
ditional importation of such firearm would violate 
this subsection. 
‘‘(5) This subsection does not apply to any fire-
arm 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 in-
telligence applications; and 
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‘‘(B) is manufactured for and sold exclu-
sively to military or intelligence agencies of the 
United States. 
‘‘(6) This subsection does not apply with re-
spect 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) SCHOOL ZONES.— 
‘‘(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 of the House of 
Representatives and the Committee on the Ju-
diciary of the Senate; 
‘‘(D) in fact, even before the sale of a fire-
arm, the gun, its component parts, ammunition, 
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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 vio-
lent 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 edu-
cation has an adverse impact on interstate com-
merce 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 
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329 
‘‘(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 reason-
able 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 fire-
arm is licensed to do so by the State in which 
the school zone is located or a political subdivi-
sion of the State, and the law of the State or 
political subdivision requires that, before an in-
dividual obtains such a license, the law enforce-
ment authorities of the State or political sub-
division verify that the individual is qualified 
under law to receive the license; 
‘‘(iii) that is— 
‘‘(I) not loaded; and 
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‘‘(II) in a locked container, or a 
locked firearms rack that is on a motor ve-
hicle; 
‘‘(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 authori-
ties. 
‘‘(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. 
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331 
‘‘(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. 
‘‘(r) IMPORTATION OF PARTS.—It shall be unlawful 
for any person to assemble from imported parts any semi-
automatic rifle or any shotgun which is identical to any 
rifle or shotgun prohibited from importation under section 
585(d)(3) as not being particularly suitable for or readily 
adaptable to sporting purposes except that this subsection 
does 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 
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‘‘(2) the assembly of any such rifle or shotgun 
for the purposes of testing or experimentation au-
thorized by the Attorney General. 
‘‘(s) BACKGROUND CHECK FOR HANDGUNS.— 
‘‘(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 li-
censed 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 583, 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 trans-
feree by examining the identification docu-
ment presented; 
‘‘(III) within 1 day after the trans-
feree furnishes the statement, provided no-
tice of the contents of the statement to the 
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333 
chief law enforcement officer of the place 
of residence of the transferee; and 
‘‘(IV) within 1 day after the trans-
feree furnishes the statement, transmitted 
a copy of the statement to the chief law 
enforcement officer of the place of resi-
dence 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 en-
forcement 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 re-
ceipt or possession of the handgun by the trans-
feree would violate Federal, State, or local law; 
‘‘(B) the transferee has presented to the trans-
feror a written statement, issued by the chief law en-
forcement officer of the place of residence of the 
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334 
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 ac-
quire 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 gov-
ernment official has verified that the information 
available to such official does not indicate that pos-
session 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 li-
censed dealer completes the transfer of a handgun to 
an individual who is not licensed under section 583, 
an authorized government official verify that the in-
formation available to such official does not indicate 
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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 Attor-
ney General has certified that compliance with sub-
paragraph (A)(i)(III) is impracticable because— 
‘‘(i) the ratio of the number of law enforce-
ment 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 trans-
feror at which the transfer is to occur are ex-
tremely remote in relation to the chief law en-
forcement officer; and 
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in 
which the business premises are located. 
‘‘(2) A chief law enforcement officer to whom a trans-
feror 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 
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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 ap-
pearing on a valid identification document (as de-
fined in section 783(d)(3)) of the transferee con-
taining a photograph of the transferee and a de-
scription 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 pun-
ishable 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; 
‘‘(iv) has not been adjudicated as a mental 
defective or been committed to a mental institu-
tion; 
‘‘(v) is not an alien who— 
‘‘(I) is illegally or unlawfully in the 
United States; or 
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‘‘(II) subject to subsection (y)(2), has 
been admitted to the United States under 
a nonimmigrant visa (as that term is de-
fined in section 101(a)(26) of the Immi-
gration and Nationality Act); 
‘‘(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 ob-
tain 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 
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‘‘(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 other-
wise 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 de-
rived from the statement, and any record created as 
a result of the notice required by paragraph 
(1)(A)(i)(III); 
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‘‘(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 state-
ment 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 rea-
sons 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 in-
formation 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 posses-
sion 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. 
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‘‘(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 ac-
tions to ensure that the provisions of this subsection are 
published and disseminated to licensed dealers, law en-
forcement officials, and the public. 
‘‘(t) INSTANT BACKGROUND CHECK.— 
‘‘(1) Beginning on the date that is 30 days 
after the Attorney General notifies licensees under 
section 103(d) of the Brady Handgun Violence Pre-
vention Act that the national instant criminal back-
ground check system is established, a licensed im-
porter, 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 crimi-
nal 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 
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the licensee contacted the system, and the sys-
tem has not notified the licensee that the re-
ceipt of a firearm by such other person would 
violate subsection (g) or (n) of this section; and 
‘‘(C) the transferor has verified the iden-
tity of the transferee by examining a valid iden-
tification document (as defined in section 
783(d)) of the transferee containing a photo-
graph 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) does 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— 
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‘‘(I) allows such other person to pos-
sess 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 au-
thorized 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 be-
cause— 
‘‘(i) the ratio of the number of law en-
forcement 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 li-
censee at which the transfer is to occur are 
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extremely remote in relation to the chief 
law enforcement officer (as defined in sub-
section (s)(8)); and 
‘‘(iii) there is an absence of tele-
communications 
facilities 
in 
the 
geo-
graphical area in which the business prem-
ises are located. 
‘‘(4) If the national instant criminal back-
ground check system notifies the licensee that the 
information available to the system does not dem-
onstrate 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 pro-
vided by the system with respect to the transfer. 
‘‘(5) If the licensee knowingly transfers a fire-
arm 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 na-
tional instant criminal background check system was 
operating and information was available to the sys-
tem demonstrating that receipt of a firearm by such 
other person would violate subsection (g) or (n) of 
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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 583, and may 
impose on the licensee a civil fine of not more than 
$5,000. 
‘‘(6) Neither a local government nor an em-
ployee of the Federal Government or of any State or 
local government, responsible for providing informa-
tion 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) THEFT.—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 
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that has been shipped or transported in interstate or for-
eign commerce. 
‘‘(v) TRANSFERS TO JUVENILES.— 
‘‘(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 farm-
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346 
ing at which the juvenile, with the permis-
sion of the property owner or lessee, is per-
forming 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 activ-
ity 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 juve-
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347 
nile’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; or 
‘‘(iii) the juvenile has the prior writ-
ten consent in the juvenile’s possession at 
all times when a handgun is in the posses-
sion 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 Na-
tional 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 am-
munition 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 
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348 
subsection shall not be subject to permanent confis-
cation by the Government if its possession by the ju-
venile 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 pur-
poses 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 par-
ent or legal guardian of a juvenile defendant at a 
proceeding in a prosecution of a violation of this 
subsection for good cause shown. 
‘‘(w) PROVISIONS RELATING TO ALIENS ADMITTED 
UNDER NONIMMIGRANT VISAS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
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349 
‘‘(A) the term ‘alien’ has the same mean-
ing as in section 101(a)(3) of the Immigration 
and Nationality Act; and 
‘‘(B) the term ‘nonimmigrant visa’ has the 
same meaning as in section 101(a)(26) of the 
Immigration and Nationality Act. 
‘‘(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 law-
fully 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 
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‘‘(D) a foreign law enforcement officer of 
a friendly foreign government entering the 
United States on official law enforcement busi-
ness. 
‘‘(3) WAIVER.— 
‘‘(A) CONDITIONS FOR WAIVER.—Any indi-
vidual 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 At-
torney General a petition that meets the 
requirements of subparagraph (C); and 
‘‘(ii) the Attorney General approves 
the petition. 
‘‘(B) PETITION.—Each petition under sub-
paragraph (B) shall— 
‘‘(i) demonstrate that the petitioner 
has resided in the United States for a con-
tinuous 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 fire-
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351 
arm or ammunition and certifying that the 
alien would not, absent the application of 
subsection (g)(5)(B), otherwise be prohib-
ited from such acquisition under subsection 
(g). 
‘‘(C) APPROVAL OF PETITION.—The Attor-
ney General shall approve a petition submitted 
in accordance with this paragraph, if the Attor-
ney General determines that waiving the re-
quirements of subsection (g)(5)(B) with respect 
to the petitioner— 
‘‘(i) would be in the interests of jus-
tice; and 
‘‘(ii) would not jeopardize the public 
safety. 
‘‘(x) 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 per-
son other than any person licensed under this chap-
ter, unless the transferee is provided with a secure 
gun storage or safety device (as defined in section 
581(29)) for that handgun. 
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‘‘(2) EXCEPTIONS.—Paragraph (1) does 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 hand-
gun 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 pur-
poses of law enforcement (whether on or off 
duty); 
‘‘(C) the transfer to any person of a hand-
gun listed as a curio or relic by the Secretary 
pursuant to section 581(a)(13); or 
‘‘(D) the transfer to any person of a hand-
gun for which a secure gun storage or safety 
device is temporarily unavailable for the reasons 
described in the exceptions stated in section 
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353 
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 ac-
tion’— 
‘‘(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— 
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354 
‘‘(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 author-
ized, the handgun had been made in-
operable by use of a secure gun stor-
age or safety device; and 
‘‘(ii) does not include an action 
brought against the person having lawful 
possession and control of the handgun for 
negligent entrustment or negligence per se. 
‘‘§ 583. Licensing 
‘‘(a) IN GENERAL.—No person shall engage in the 
business of importing, manufacturing, or dealing in fire-
arms, 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 nec-
essary to determine eligibility for licensing as the Attorney 
General shall by regulation prescribe and shall include a 
photograph and fingerprints of the applicant. Each appli-
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355 
cant 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 ammuni-
tion, a fee of $1,000 per year; 
‘‘(B) of firearms other than destructive de-
vices, 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 ammuni-
tion, a fee of $1,000 per year; or 
‘‘(B) of firearms other than destructive de-
vices or ammunition for firearms other than de-
structive devices, or ammunition other than 
armor piercing ammunition, a fee of $50 per 
year. 
‘‘(3) If the applicant is a dealer— 
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356 
‘‘(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 de-
vices, a fee of $200 for 3 years, except that the 
fee for renewal of a valid license shall be $90 
for 3 years. 
‘‘(b) COLLECTORS.—Any person desiring to be li-
censed as a collector shall file an application for such li-
cense 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) ISSUANCE.—Upon the filing of a proper applica-
tion and payment of the prescribed fee, the Attorney Gen-
eral shall issue to a qualified applicant the appropriate li-
cense which, subject to 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, im-
porter, or dealer from maintaining and disposing of a per-
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357 
sonal collection of firearms, subject only to such restric-
tions 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 chap-
ter, then such firearm shall be deemed part of such licens-
ee’s business inventory, except that any licensed manufac-
turer, 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 de-
scription of the firearm in a bound volume, containing the 
name and place of residence and date of birth of the trans-
feree 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, 
but no other recordkeeping shall be required. 
‘‘(d) REQUIREMENTS FOR GRANTING.— 
‘‘(1) Any application submitted under sub-
section (a) or (b) of this section shall be approved 
if— 
‘‘(A) the applicant is twenty-one years of 
age or over; 
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‘‘(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 fire-
arms or ammunition in interstate or foreign 
commerce under section 582(g) and (n); 
‘‘(C) the applicant has not willfully violated 
any of the provisions of this subchapter or reg-
ulations 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) prem-
ises from which he conducts business subject to 
license under this chapter or from which he in-
tends to conduct such business within a reason-
able period of time, or (ii) in the case of a col-
lector, premises from which he conducts his col-
lecting subject to license under this chapter or 
from which he intends to conduct such col-
lecting within a reasonable period of time; 
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‘‘(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 appli-
cation is approved the business will comply 
with the requirements of State and local 
law applicable to the conduct of the busi-
ness; and 
‘‘(II) the business will not be con-
ducted under the license until the require-
ments 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 enforce-
ment officer of the locality in which the 
premises are located, which indicates that 
the applicant intends to apply for a Fed-
eral firearms license; and 
‘‘(G) in the case of an application to be li-
censed as a dealer, the applicant certifies that 
secure gun storage or safety devices will be 
available at any place in which firearms are 
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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 de-
vice is temporarily unavailable because of theft, 
casualty loss, consumer sales, backorders from 
a manufacturer, or any other similar reason be-
yond the control of the licensee, the dealer shall 
not be considered to be in violation of the re-
quirement 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 At-
torney 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 applica-
tion, such applicant shall be issued a license upon 
the payment of the prescribed fee. 
‘‘(e) REVOCATION.—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 subchapter or any 
rule or regulation prescribed by the Attorney General 
under this chapter or fails to have secure gun storage or 
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361 
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 con-
trol 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 op-
portunity for hearing, revoke the license of a dealer who 
willfully transfers armor piercing ammunition. The Attor-
ney General’s action under this subsection may be re-
viewed only as provided in subsection (f) of this section. 
‘‘(f) ADVERSE ACTIONS.— 
‘‘(1) Any person whose application for a license 
is denied and any holder of a license which is re-
voked shall receive a written notice from the Attor-
ney 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 applica-
tion for, or revokes, a license, he shall, upon request 
by the aggrieved party, promptly hold a hearing to 
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review his denial or revocation. In the case of a rev-
ocation of a license, the Attorney General shall upon 
the request of the holder of the license stay the ef-
fective 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 revoca-
tion. In a proceeding conducted under this sub-
section, the court may consider any evidence sub-
mitted 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 ap-
plication or to revoke the license, the court shall 
order the Attorney General to take such action as 
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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 sub-
chapter or of rules or regulations prescribed under 
this subchapter, 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 li-
cense 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 informa-
tion. 
‘‘(g) RECORDKEEPING.— 
‘‘(1)(A) Each licensed importer, licensed manu-
facturer, and licensed dealer shall maintain such 
records of importation, production, shipment, re-
ceipt, 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 pre-
scribe. Such importers, manufacturers, and dealers 
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shall not be required to submit to the Attorney Gen-
eral 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 
subchapter has occurred and that evidence thereof 
may be found on such premises, may, upon dem-
onstrating 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 manufac-
turer, licensed dealer, licensed collector, or any li-
censed importer or manufacturer of ammunition, for 
the purpose of inspecting or examining— 
‘‘(i) any records or documents re-
quired to be kept by such licensed im-
porter, 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, li-
censed manufacturer, licensed dealer, or li-
censed collector, at such premises. 
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‘‘(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 war-
rant— 
‘‘(i) in the course of a reasonable in-
quiry during the course of a criminal inves-
tigation of a person or persons other than 
the licensee; 
‘‘(ii) for ensuring compliance with the 
record keeping requirements of this sub-
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 exam-
ination may be required for determining 
the disposition of one or more particular 
firearms in the course of a bona fide crimi-
nal investigation. 
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‘‘(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 sub-
chapter not more than once during any 
twelve-month period; or 
‘‘(ii) when such inspection or exam-
ination may be required for determining 
the disposition of one or more particular 
firearms in the course of a bona fide crimi-
nal investigation. 
‘‘(D) At the election of a licensed collector, 
the annual inspection of records and inventory 
permitted under this paragraph shall be per-
formed 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 con-
strued as authorizing the Attorney General to 
seize any records or other documents other than 
those records or documents constituting mate-
rial evidence of a violation of law. If the Attor-
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ney 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 subchapter with 
respect to the identification of persons prohib-
ited from purchasing or receiving firearms or 
ammunition who have purchased or received 
firearms or ammunition, together with a de-
scription of such firearms or ammunition, and 
he may provide information to the extent such 
information may be contained in the records re-
quired 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 Gen-
eral may by regulations prescribe, records of the re-
ceipt, sale, or other disposition of firearms. Such 
records shall include the name and address of any 
person to whom the collector sells or otherwise dis-
poses of a firearm. Such collector shall not be re-
quired to submit to the Attorney General reports 
and information with respect to such records and 
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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 li-
censee 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 pis-
tols and revolvers totalling two or more, to an unli-
censed person. The report shall be prepared on a 
form specified by the Attorney General and for-
warded to the office specified thereon and to the de-
partment 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 582 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 
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