176 
such as improving or liquidating a personal firearms collec-
tion: Provided, That proof of profit shall not be required 
as to a person who engages in the regular and repetitive 
purchase and disposition of firearms for criminal purposes 
or terrorism. For purposes of this paragraph, the term 
‘‘terrorism’’ means activity, directed against United States 
persons, which— 
(F) as applied to an importer of ammunition, a 
person who devotes time, attention, and labor to im-
porting ammunition as a regular course of trade or 
business with the principal objective of livelihood and 
profit through the sale or distribution of the ammuni-
tion imported. 
(A) is committed by an individual who is not a na-
tional or permanent resident alien of the United States; 
(B) involves violent acts or acts dangerous to 
human life which would be a criminal violation if com-
mitted within the jurisdiction of the United States; and 
(C) is intended— 
(i) to intimidate or coerce a civilian popu-
lation; 
(ii) to influence the policy of a government by 
intimidation or coercion; or 
(iii) to affect the conduct of a government by 
assassination or kidnapping. 
(20) The term ‘‘machinegun’’ has the meaning given 
such term in section 5845(b) of the National Firearms Act 
(26 U.S.C. 5845(b)). 
(21) The terms ‘‘firearm silencer’’ and ‘‘firearm muf-
fler’’ mean any device for silencing, muffling, or dimin-
ishing the report of a portable firearm, including any com-
bination of parts, designed or redesigned, and intended for 
use in assembling or fabricating a firearm silencer or fire-
arm muffler, and any part intended only for use in such 
assembly or fabrication. 
(22) The term ‘‘school zone’’ means— 
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(A) in, or on the grounds of, a public, parochial 
or private school; or 
(B) within a distance of 1,000 feet from the 
grounds of a public, parochial or private school. 
(23) The term ‘‘school’’ means a school which provides 
elementary or secondary education, as determined under 
State law. 
(24) The term ‘‘motor vehicle’’ has the meaning given 
such term in section 13102 of title 49, United States Code. 
(25) The term ‘‘semiautomatic rifle’’ means any re-
peating rifle which utilizes a portion of the energy of a fir-
ing cartridge to extract the fired cartridge case and cham-
ber the next round, and which requires a separate pull of 
the trigger to fire each cartridge. 
(26) The term ‘‘handgun’’ means— 
(A) a firearm which has a short stock and is de-
signed to be held and fired by the use of a single hand; 
and 
(B) any combination of parts from which a fire-
arm described in subparagraph (A) can be assembled. 
(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 domestic vi-
olence’’ means an offense that— 
(i) is a misdemeanor under Federal or State law; 
and 
(ii) has, as an element, the use or attempted use 
of physical force, or the threatened use of a deadly 
weapon, committed by a current or former spouse, par-
ent, or guardian of the victim, by a person with whom 
the victim shares a child in common, by a person who 
is cohabiting with or has cohabited with the victim as 
a spouse, parent, or guardian, or by a person similarly 
situated to a spouse, parent, or guardian of the victim. 
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178 
(B)(i) A person shall not be considered to have been 
convicted of such an offense for purposes of this chapter, 
unless— 
(I) the person was represented by counsel in the 
case, or knowingly and intelligently waived the right to 
counsel in the case; and 
(II) in the case of a prosecution for an offense de-
scribed in this paragraph for which a person was enti-
tled to a jury trial in the jurisdiction in which the case 
was tried, either 
(aa) the case was tried by a jury, or 
(bb) the person knowingly and intelligently waived the 
right to have the case tried by a jury, by guilty plea or other-
wise. 
(ii) A person shall not be considered to have been con-
victed of such an offense for purposes of this chapter if the 
conviction has been expunged or set aside, or is an offense 
for which the person has been pardoned or has had civil 
rights restored (if the law of the applicable jurisdiction pro-
vides for the loss of civil rights under such an offense) un-
less 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 device; 
(B) a device incorporated into the design of the 
firearm that is designed to prevent the operation of the 
firearm by anyone not having access to the device; or 
(C) a safe, gun safe, gun case, lock box, or other 
device that is designed to be or can be used to store 
a firearm and that is designed to be unlocked only by 
means of a key, a combination, or other similar means. 
(30) The term ‘‘body armor’’ means any product sold 
or offered for sale, in interstate or foreign commerce, as 
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personal protective body covering intended to protect 
against gunfire, regardless of whether the product is to be 
worn alone or is sold as a complement to another product 
or garment. 
(31) A member of the Armed Forces on active duty 
is a resident of the State in which his permanent duty sta-
tion is located. 
§ 582. Unlawful acts 
(a) It shall be unlawful— 
(1) for any person— 
(A) except a licensed importer, licensed manufac-
turer, or licensed dealer, to engage in the business of 
importing, manufacturing, or dealing in firearms, or in 
the course of such business to ship, transport, or re-
ceive any firearm in interstate or foreign commerce; or 
(B) except a licensed importer or licensed manu-
facturer, to engage in the business of importing or 
manufacturing ammunition, or in the course of such 
business, to ship, transport, or receive any ammunition 
in interstate or foreign commerce; 
(2) for any importer, manufacturer, dealer, or collector 
licensed under the provisions of this chapter to ship or 
transport in interstate or foreign commerce any firearm to 
any person other than a licensed importer, licensed manu-
facturer, licensed dealer, or licensed collector, except that— 
(A) this paragraph and subsection (b)(3) shall not 
be held to preclude a licensed importer, licensed manu-
facturer, licensed dealer, or licensed collector from re-
turning a firearm or replacement firearm of the same 
kind and type to a person from whom it was received; 
and this paragraph shall not be held to preclude an in-
dividual from mailing a firearm owned in compliance 
with Federal, State, and local law to a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector; 
(B) this paragraph shall not be held to preclude 
a licensed importer, licensed manufacturer, or licensed 
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180 
dealer from depositing a firearm for conveyance in the 
mails to any officer, employee, agent, or watchman 
who, pursuant to the provisions of section 1715 of this 
title, is eligible to receive through the mails pistols, re-
volvers, and other firearms capable of being concealed 
on the person, for use in connection with his official 
duty; and 
(C) nothing in this paragraph shall be construed 
as applying in any manner in the District of Columbia, 
the Commonwealth of Puerto Rico, or any possession 
of the United States differently than it would apply if 
the District of Columbia, the Commonwealth of Puerto 
Rico, or the possession were in fact a State of the 
United States; 
(3) for any person, other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector 
to transport into or receive in the State where he resides 
(or if the person is a corporation or other business entity, 
the State where it maintains a place of business) any fire 
arm purchased or otherwise obtained by such person out-
side that State, except that this paragraph (A) shall not 
preclude any person who lawfully acquires a firearm by be-
quest or intestate succession in a State other than his 
State of residence from transporting the firearm into or re-
ceiving it in that State, if it is lawful for such person to 
purchase or possess such firearm in that State, (B) shall 
not apply to the transportation or receipt of a firearm ob-
tained in conformity with subsection (b)(3) of this section, 
and (C) shall not apply to the transportation of any fire-
arm acquired in any State prior to the effective date of this 
chapter; 
(4) for any person, other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector, 
to transport in interstate or foreign commerce any destruc-
tive device, machinegun (as defined in section 5845 of the 
Internal Revenue Code of 1986), short-barreled shotgun, or 
short-barreled rifle, except as specifically authorized by the 
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181 
Attorney General consistent with public safety and neces-
sity; 
(5) for any person (other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector) 
to transfer, sell, trade, give, transport, or deliver any fire-
arm to any person (other than a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector) who the 
transferor knows or has reasonable cause to believe does 
not reside in (or if the person is a corporation or other 
business entity, does not maintain a place of business in) 
the State in which the transferor resides; except that this 
paragraph shall not apply to (A) the transfer, transpor-
tation, or delivery of a firearm made to carry out a bequest 
of a firearm to, or an acquisition by intestate succession of 
a firearm by, a person who is permitted to acquire or pos-
sess a firearm under the laws of the State of his residence, 
and (B) the loan or rental of a firearm to any person for 
temporary use for lawful sporting purposes; 
(6) for any person in connection with the acquisition 
or attempted acquisition of any firearm or ammunition 
from a licensed importer, licensed manufacturer, licensed 
dealer, or licensed collector, knowingly to make any false or 
fictitious oral or written statement or to furnish or exhibit 
any false, fictitious, or misrepresented identification, in-
tended or likely to deceive such importer, manufacturer, 
dealer, or collector with respect to any fact material to the 
lawfulness of the sale or other disposition of such firearm 
or ammunition under the provisions of this chapter; 
(7) for any person to manufacture or import armor 
piercing ammunition, except that this paragraph shall not 
apply to— 
(A) the manufacture or importation of such am-
munition for the use of the United States or any de-
partment or agency thereof or any State or any depart-
ment, agency, or political subdivision thereof; 
(B) the manufacture of such ammunition for the 
purpose of exportation; and 
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182 
(C) any manufacture or importation for the pur-
poses of testing or experimentation authorized by the 
Attorney General; 
(8) for any manufacturer or importer to sell or deliver 
armor piercing ammunition, except that this paragraph 
shall not apply to— 
(A) the sale or delivery by a manufacturer or im-
porter of such ammunition for use of the United States 
or any department or agency thereof or any State or 
any department, agency, or political subdivision there-
of; 
(B) the sale or delivery by a manufacturer or im-
porter of such ammunition for the purpose of expor-
tation; 
(C) the sale or delivery by a manufacturer or im-
porter of such ammunition for the purposes of testing 
or experimenting authorized by the Attorney General; 
and 
(9) for any person, other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector, 
who does not reside in any State to receive any firearms 
unless such receipt is for lawful sporting purposes. 
(b) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector to sell or de-
liver— 
(1) any firearm or ammunition to any individual who 
the licensee knows or has reasonable cause to believe is less 
than eighteen years of age, and, if the firearm, or ammuni-
tion 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 or-
dinance applicable at the place of sale, delivery or other 
disposition, unless the licensee knows or has reasonable 
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183 
cause to believe that the purchase or possession would not 
be in violation of such State law or such published ordi-
nance; 
(3) any firearm to any person who the licensee knows 
or has reasonable cause to believe does not reside in (or if 
the person is a corporation or other business entity, does 
not maintain a place of business in) the State in which the 
licensee’s place of business is located, except that this para-
graph (A) shall not apply to the sale or delivery of any rifle 
or shotgun to a resident of a State other than a State in 
which the licensee’s place of business is located if the trans-
feree 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 pre-
sumed, for purposes of this subparagraph, in the absence 
of evidence to the contrary, to have had actual knowledge 
of the State laws and published ordinances of both States), 
and (B) shall not apply to the loan or rental of a firearm 
to any person for temporary use for lawful sporting pur-
poses; 
(4) to any person any destructive device, machinegun 
(as defined in section 5845 of the Internal Revenue Code 
of 1986), short-barreled shotgun, or short-barreled rifle, ex-
cept as specifically authorized by the Attorney General con-
sistent with public safety and necessity; and 
(5) any firearm or armor-piercing ammunition to any 
person unless the licensee notes in his records, required to 
be kept pursuant to section 923 of this chapter, the name, 
age, and place of residence of such person if the person is 
an individual, or the identity and principal and local places 
of business of such person if the person is a corporation 
or other business entity. 
Paragraphs (1), (2), (3), and (4) of this subsection shall not 
apply to transactions between licensed importers, licensed man-
ufacturers, licensed dealers, and licensed collectors. Paragraph 
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184 
(4) of this subsection shall not apply to a sale or delivery to 
any research organization designated by the Attorney General. 
(c) In any case not otherwise prohibited by this chapter, 
a licensed importer, licensed manufacturer, or licensed dealer 
may sell a firearm to a person who does not appear in person 
at the licensee’s business premises (other than another licensed 
importer, manufacturer, or dealer) only if— 
(1) the transferee submits to the transferor a sworn 
statement in the following form: 
‘‘Subject to penalties provided by law, I swear 
that, in the case of any firearm other than a shotgun 
or a rifle, I am twenty-one years or more of age, or 
that, in the case of a shotgun or a rifle, I am eighteen 
years or more of age; that I am not prohibited by the 
provisions of chapter 44 of title 18, United States 
Code, from receiving a firearm in interstate or foreign 
commerce; and that my receipt of this firearm will not 
be in violation of any statute of the State and pub-
lished ordinance applicable to the locality in which I re-
side. Further, the true title, name, and address of the 
principal law enforcement officer of the locality to 
which the firearm will be delivered are — — — — — 
— — — — — — — — — — — — — — — — 
— — — — — — — — — Signature — — — — 
— — — — — — Date — — — —.’’ and containing 
blank spaces for the attachment of a true copy of any 
permit or other information required pursuant to such 
statute or published ordinance; 
(2) the transferor has, prior to the shipment or deliv-
ery 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 pre-
scribed by the Attorney General, to the chief law enforce-
ment officer of the transferee’s place of residence, and has 
received a return receipt evidencing delivery of the state-
ment or has had the statement returned due to the refusal 
of the named addressee to accept such letter in accordance 
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185 
with United States Post Office Department regulations; 
and 
(3) the transferor has delayed shipment or delivery for 
a period of at least seven days following receipt of the noti-
fication of the acceptance or refusal of delivery of the state-
ment. 
A copy of the sworn statement and a copy of the notification 
to the local law enforcement officer, together with evidence of 
receipt or rejection of that notification shall be retained by the 
licensee as a part of the records required to be kept under sec-
tion 923(g). 
(d) It shall be unlawful for any person to sell or otherwise 
dispose of any firearm or ammunition to any person knowing 
or having reasonable cause to believe that such person— 
(1) is under indictment for, or has been convicted in 
any court of, a crime punishable by imprisonment for a 
term exceeding one year; 
(2) is a fugitive from justice; 
(3) is an unlawful user of or addicted to any controlled 
substance (as defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)); 
(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 non-
immigrant visa (as that term is defined in section 
101(a)(26) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(26))); 
(6) has been discharged from the Armed Forces under 
dishonorable conditions. 
(7) was a citizen of the United States, and has re-
nounced that citizenship; 
(8) is subject to a court order that restrains such per-
son from harassing, stalking, or threatening an intimate 
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186 
partner of such person or child of such intimate partner or 
person, or engaging in other conduct that would place an 
intimate partner in reasonable fear of bodily injury to the 
partner or child, except that this paragraph shall only 
apply to a court order that— 
(A) was issued after a hearing of which such per-
son received actual notice, and at which such person 
had the opportunity to participate; and 
(B)(i) includes a finding that such person rep-
resents a credible threat to the physical safety of such 
intimate partner or child; or 
(ii) by its terms explicitly prohibits the use, at-
tempted use, or threatened use of physical force against 
such intimate partner or child that would reasonably be 
expected to cause bodily injury; or 
(9) has been convicted in any court of a misdemeanor 
crime of domestic violence. 
This subsection does not apply with respect to the sale or dis-
position of a firearm or ammunition to a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector who 
pursuant to subsection (b) of section 585 is not precluded from 
dealing in firearms or ammunition, or to a person who has been 
granted relief from disabilities pursuant to subsection (c) of 
section 585. 
(e) It shall be unlawful for any person knowingly to deliver 
or cause to be delivered to any common or contract carrier for 
transportation or shipment in interstate or foreign commerce, 
to persons other than licensed importers, licensed manufactur-
ers, licensed dealers, or licensed collectors, any package or 
other container in which there is any firearm or ammunition 
without written notice to the carrier that such firearm or am-
munition is being transported or shipped; except that any pas-
senger who owns or legally possesses a firearm or ammunition 
being transported aboard any common or contract carrier for 
movement with the passenger in interstate or foreign commerce 
may deliver said firearm or ammunition into the custody of the 
pilot, captain, conductor or operator of such common or con-
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187 
tract carrier for the duration of the trip without violating any 
of the provisions of this chapter. No common or contract car-
rier shall require or cause any label, tag, or other written notice 
to be placed on the outside of any package, luggage, or other 
container that such package, luggage, or other container con-
tains a firearm. 
(f)(1) It shall be unlawful for any common or contract car-
rier 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 chapter. 
(2) It shall be unlawful for any common or contract car-
rier to deliver in interstate or foreign commerce any firearm 
without obtaining written acknowledgement of receipt from the 
recipient of the package or other container in which there is 
a firearm. 
(g) It shall be unlawful for any person— 
(1) who has been convicted in any court of, a crime 
punishable by imprisonment for a term exceeding one year; 
(2) who is a fugitive from justice; 
(3) who is an unlawful user of or addicted to any con-
trolled substance (as defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802)); 
(4) who has been adjudicated as a mental defective or 
who has been committed to a mental institution; 
(5) who, being an alien— 
(A) is illegally or unlawfully in the United States; 
or 
(B) except as provided in subsection (y)(2), has 
been admitted to the United States under a non-
immigrant visa (as that term is defined in section 
101(a)(26) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(26))); 
(6) who has been discharged from the Armed Forces 
under dishonorable conditions; 
(7) who, having been a citizen of the United States, 
has renounced his citizenship; 
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(8) who is subject to a court order that— 
(A) was issued after a hearing of which such per-
son received actual notice, and at which such person 
had an opportunity to participate; 
(B) restrains such person from harassing, stalk-
ing, or threatening an intimate partner of such person 
or child of such intimate partner or person, or engag-
ing in other conduct that would place an intimate part-
ner in reasonable fear of bodily injury to the partner 
or child; and 
(C)(i) includes a finding that such person rep-
resents a credible threat to the physical safety of such 
intimate partner or child; or 
(ii) by its terms explicitly prohibits the use, at-
tempted use, or threatened use of physical force against 
such intimate partner or child that would reasonably be 
expected to cause bodily injury; or 
(9) who has been convicted in any court of a mis-
demeanor crime of domestic violence, 
to ship or transport in interstate or foreign commerce, or pos-
sess in or affecting commerce, any firearm or ammunition; or 
to receive any firearm or ammunition which has been shipped 
or transported in interstate or foreign commerce. 
(h) It shall be unlawful for any individual, who to that in-
dividual’s knowledge and while being employed for any person 
described in any paragraph of subsection (g) of this section, in 
the course of such employment— 
(1) to receive, possess, or transport any firearm or 
ammunition in or affecting interstate or foreign commerce; 
or 
(2) to receive any firearm or ammunition which has 
been shipped or transported in interstate or foreign com-
merce. 
(i) It shall be unlawful for any person to transport or ship 
in interstate or foreign commerce, any stolen firearms or stolen 
ammunition, knowing or having reasonable cause to believe that 
the firearm or ammunition was stolen. 
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189 
(j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm or 
stolen ammunition, or pledge or accept as security for a loan 
any stolen firearm or stolen ammunition, which is moving as, 
which is a part of, which constitutes, or which has been shipped 
or transported in, interstate or foreign commerce, either before 
or after it was stolen, knowing or having reasonable cause to 
believe that the firearm or ammunition was stolen. 
(k) It shall be unlawful for any person knowingly to trans-
port, ship, or receive, in interstate or foreign commerce, any 
firearm which has had the importer’s or manufacturer’s serial 
number removed, obliterated, or altered or to possess or receive 
any firearm which has had the importer’s or manufacturer’s se-
rial number removed, obliterated, or altered and has, at any 
time, been shipped or transported in interstate or foreign com-
merce. 
(l) Except as provided in section 925(d) of this chapter, 
it shall be unlawful for any person knowingly to import or 
bring into the United States or any possession thereof any fire-
arm or ammunition; and it shall be unlawful for any person 
knowingly to receive any firearm or ammunition which has been 
imported or brought into the United States or any possession 
thereof in violation of the provisions of this chapter. 
(l) Except as provided in section 925(d) of this chapter, 
it shall be unlawful for any person knowingly to import or 
bring into the United States or any possession thereof any fire-
arm or ammunition; and it shall be unlawful for any person 
knowingly to receive any firearm or ammunition which has been 
imported or brought into the United States or any possession 
thereof in violation of the provisions of this chapter. 
(m) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector knowingly to 
make any false entry in, to fail to make appropriate entry in, 
or to fail to properly maintain, any record which he is required 
to keep pursuant to section 923 of this chapter or regulations 
promulgated thereunder. 
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(n) It shall be unlawful for any person who is under in-
dictment 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 inter-
state or foreign commerce. 
(o)(1) Except as provided in paragraph (2), it shall be un-
lawful for any person to transfer or possess a machinegun. 
(2) This subsection does not apply with respect to— 
(A) a transfer to or by, or possession by or under the 
authority of, the United States or any department or agen-
cy thereof or a State, or a department, agency, or political 
subdivision thereof; or 
(B) any lawful transfer or lawful possession of a ma-
chinegun that was lawfully possessed before the date this 
subsection takes effect. 
(p)(1) It shall be unlawful for any person to manufacture, 
import, sell, ship, deliver, possess, transfer, or receive any fire-
arm— 
(A) that, after removal of grips, stocks, and maga-
zines, is not as detectable as the Security Exemplar, by 
walk-through metal detectors calibrated and operated to de-
tect the Security Exemplar; or 
(B) any major component of which, when subjected to 
inspection by the types of x-ray machines commonly used 
at airports, does not generate an image that accurately de-
picts the shape of the component. Barium sulfate or other 
compounds may be used in the fabrication of the compo-
nent. 
(2) For purposes of this subsection— 
(A) the term ‘‘firearm’’ does not include the frame or 
receiver of any such weapon; 
(B) the term ‘‘major component’’ means, with respect 
to a firearm, the barrel, the slide or cylinder, or the frame 
or receiver of the firearm; and 
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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 be-
ginning on the date of the enactment of this subsection, 
3.7 ounces of material type 17–4 PH stainless steel in 
a shape resembling a handgun; and 
(ii) suitable for testing and calibrating metal de-
tectors: Provided, however, That at the close of such 
12-month period, and 
at appropriate times thereafter the Attorney General 
shall promulgate regulations to permit the manufac-
ture, importation, sale, shipment, delivery, possession, 
transfer, or receipt of firearms previously prohibited 
under this subparagraph that are as detectable as a 
‘‘Security Exemplar’’ which contains 3.7 ounces of ma-
terial 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 technology. 
(3) Under such rules and regulations as the Attorney Gen-
eral shall prescribe, this subsection shall not apply to the man-
ufacture, possession, transfer, receipt, shipment, or delivery of 
a firearm by a licensed manufacturer or any person acting pur-
suant to a contract with a licensed manufacturer, for the pur-
pose of examining and testing such firearm to determine 
whether paragraph (1) applies to such firearm. The Attorney 
General shall ensure that rules and regulations adopted pursu-
ant 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 im-
portation of a firearm by a licensed importer or licensed manu-
facturer, for examination and testing to determine whether or 
not the unconditional importation of such firearm would violate 
this subsection. 
(5) This subsection shall not apply to any firearm which— 
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(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 intel-
ligence applications; and 
(B) is manufactured for and sold exclusively to mili-
tary or intelligence agencies of the United States. 
(6) This subsection shall not apply with respect to any 
firearm manufactured in, imported into, or possessed in the 
United States before the date of the enactment of the 
Undetectable Firearms Act of 1988. 
(q)(1) The Congress finds and declares that— 
(A) crime, particularly crime involving drugs and 
guns, is a pervasive, nationwide problem; 
(B) crime at the local level is exacerbated by the inter-
state 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 Judiciary of the 
Senate; 
(D) in fact, even before the sale of a firearm, the gun, 
its component parts, ammunition, and the raw materials 
from which they are made have considerably moved in 
interstate commerce; 
(E) while criminals freely move from State to State, 
ordinary citizens and foreign visitors may fear to travel to 
or through certain parts of the country due to concern 
about violent crime and gun violence, and parents may de-
cline to send their children to school for the same reason; 
(F) the occurrence of violent crime in school zones has 
resulted in a decline in the quality of education in our 
country; 
(G) this decline in the quality of education has an ad-
verse impact on interstate commerce and the foreign com-
merce of the United States; 
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(H) States, localities, and school systems find it al-
most impossible to handle gun-related crime by themselves- 
-even States, localities, and school systems that have made 
strong efforts to prevent, detect, and punish gun-related 
crime find their efforts unavailing due in part to the failure 
or inability of other States or localities to take strong 
measures; and 
(I) the Congress has the power, under the interstate 
commerce clause and other provisions of the Constitution, 
to enact measures to ensure the integrity and safety of the 
Nation’s schools by enactment of this subsection. 
(2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual 
knows, or has reasonable cause to believe, is a school zone. 
(B) Subparagraph (A) does not apply to the possession of 
a firearm— 
(i) on private property not part of school grounds; 
(ii) if the individual possessing the firearm is licensed 
to do so by the State in which the school zone is located 
or a political subdivision of the State, and the law of the 
State or political subdivision requires that, before an indi-
vidual obtains such a license, the law enforcement authori-
ties of the State or political subdivision verify that the indi-
vidual is qualified under law to receive the license; 
(iii) that is— 
(I) not loaded; and 
(II) in a locked container, or a locked firearms 
rack that is on a motor vehicle; 
(II) in a locked container, or a locked firearms 
rack that is on a motor vehicle; 
(iv) by an individual for use in a program approved by 
a school in the school zone; 
(v) by an individual in accordance with a contract en-
tered into between a school in the school zone and the indi-
vidual or an employer of the individual; 
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(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. 
(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 en-
tered into between a school in a school zone and the indi-
vidual or an employer of the individual; or 
(iv) by a law enforcement officer acting in his or her 
official capacity. 
(4) Nothing in this subsection shall be construed as pre-
empting or preventing a State or local government from enact-
ing a statute establishing gun free school zones as provided in 
this subsection. 
(r) It shall be unlawful for any person to assemble from 
imported parts any semiautomatic rifle or any shotgun which 
is identical to any rifle or shotgun prohibited from importation 
under section 925(d)(3) of this chapter as not being particu-
larly suitable for or readily adaptable to sporting purposes ex-
cept that this subsection shall not apply to— 
(1) the assembly of any such rifle or shotgun for sale 
or distribution by a licensed manufacturer to the United 
States or any department or agency thereof or to any State 
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or any department, agency, or political subdivision thereof; 
or 
(2) the assembly of any such rifle or shotgun for the 
purposes of testing or experimentation authorized by the 
Attorney General. 
(s)(1) Beginning on the date that is 90 days after the date 
of enactment of this subsection and ending on the day before 
the date that is 60 months after such date of enactment, it 
shall be unlawful for any licensed importer, licensed manufac-
turer, or licensed dealer to sell, deliver, or transfer a handgun 
(other than the return of a handgun to the person from whom 
it was received) to an individual who is not licensed under sec-
tion 923, unless— 
(A) after the most recent proposal of such transfer by 
the transferee— 
(i) the transferor has— 
(I) received from the transferee a statement of the 
transferee containing the information described in para-
graph (3); 
(II) verified the identity of the transferee by exam-
ining the identification document presented; 
(II) verified the identity of the transferee by examining the 
identification document presented; 
(III) within 1 day after the transferee furnishes the 
statement, provided notice of the contents of the statement 
to the chief law enforcement officer of the place of resi-
dence of the transferee; and 
(IV) within 1 day after the transferee furnishes the 
statement, transmitted a copy of the statement to the chief 
law enforcement officer of the place of residence of the 
transferee; and 
(ii)(I) 5 business days (meaning days on which State 
offices are open) have elapsed from the date the transferor 
furnished notice of the contents of the statement to the 
chief law enforcement officer, during which period the 
transferor has not received information from the chief law 
enforcement officer that receipt or possession of the hand-
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gun 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 indi-
cating that receipt or possession of the handgun by the trans-
feree would violate Federal, State, or local law; 
(B) the transferee has presented to the transferor a 
written statement, issued by the chief law enforcement offi-
cer of the place of residence of the transferee during the 
10-day period ending on the date of the most recent pro-
posal 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 house-
hold of the transferee; 
(C)(i) the transferee has presented to the transferor a 
permit that— 
(I) allows the transferee to possess or acquire a 
handgun; and 
(II) was issued not more than 5 years earlier by 
the State in which the transfer is to take place; and 
(ii) the law of the State provides that such a permit 
is to be issued only after an authorized government official 
has verified that the information available to such official 
does not indicate that possession of a handgun by the 
transferee would be in violation of the law; 
(D) the law of the State requires that, before any li-
censed importer, licensed manufacturer, or licensed dealer 
completes the transfer of a handgun to an individual who 
is not licensed under section 923, an authorized govern-
ment official verify that the information available to such 
official does not indicate that possession of a handgun by 
the transferee would be in violation of law; 
(E) the Attorney General has approved the transfer 
under section 5812 of the Internal Revenue Code of 1986; 
or 
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(F) on application of the transferor, the Attorney Gen-
eral has certified that compliance with subparagraph 
(A)(i)(III) is impracticable because— 
(i) the ratio of the number of law enforcement of-
ficers of the State in which the transfer is to occur to 
the number of square miles of land area of the State 
does not exceed 0.0025; 
(ii) the business premises of the transferor at 
which the transfer is to occur are extremely remote in 
relation to the chief law enforcement officer; and 
(iii) there is an absence of telecommunications fa-
cilities in the geographical area in which the business 
premises are located. 
(2) A chief law enforcement officer to whom a transferor 
has provided notice pursuant to paragraph (1)(A)(i)(III) shall 
make a reasonable effort to ascertain within 5 business days 
whether receipt or possession would be in violation of the law, 
including research in whatever State and local recordkeeping 
systems are available and in a national system designated by 
the Attorney General. 
(3) The statement referred to in paragraph (1)(A)(i)(I) 
shall contain only— 
(A) the name, address, and date of birth appearing on 
a valid identification document (as defined in section 
1028(d)(1) of the transferee containing a photograph of the 
transferee and a description of the identification used; 
(B) a statement that the transferee— 
(i) is not under indictment for, and has not been 
convicted in any court of, a crime punishable by impris-
onment for a term exceeding 1 year, and has not been 
convicted in any court of a misdemeanor crime of do-
mestic violence; 
(ii) is not a fugitive from justice; 
(iii) is not an unlawful user of or addicted to any 
controlled substance (as defined in section 102 of the 
Controlled Substances Act); 
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(iv) has not been adjudicated as a mental defective 
or been committed to a mental institution; 
(v) is not an alien who— 
(I) is illegally or unlawfully in the United 
States; or 
(II) subject to subsection (y)(2), has been ad-
mitted to the United States under a nonimmigrant 
visa (as that term is defined in section 101(a)(26) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(26))); 
(vi) has not been discharged from the Armed 
Forces under dishonorable conditions; and 
(vii) is not a person who, having been a citizen of 
the United States, has renounced such citizenship; 
(C) the date the statement is made; and 
(D) notice that the transferee intends to obtain a 
handgun from the transferor. 
(4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer con-
taining 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, commu-
nicate any information related to the transfer that the trans-
feror has about the transfer and the transferee to— 
(A) the chief law enforcement officer of the place of 
business of the transferor; and 
(B) the chief law enforcement officer of the place of 
residence of the transferee. 
(5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection shall 
not disclose such information except to the transferee, to law 
enforcement authorities, or pursuant to the direction of a court 
of law. 
(6)(A) Any transferor who sells, delivers, or otherwise 
transfers a handgun to a transferee shall retain the copy of the 
statement of the transferee with respect to the handgun trans-
action, and shall retain evidence that the transferor has com-
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plied 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) deter-
mines that a transaction would violate Federal, State, or local 
law— 
(i) the officer shall, within 20 business days after the 
date the transferee made the statement on the basis of 
which the notice was provided, destroy the statement, any 
record containing information derived from the statement, 
and any record created as a result of the notice required 
by paragraph (1)(A)(i)(III); 
(ii) the information contained in the statement shall 
not be conveyed to any person except a person who has a 
need to know in order to carry out this subsection; and 
(iii) the information contained in the statement shall 
not be used for any purpose other than to carry out this 
subsection. 
(C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the individual 
requests the officer to provide the reason for such determina-
tion, the officer shall provide such reasons to the individual in 
writing within 20 business days after receipt of the request. 
(7) A chief law enforcement officer or other person respon-
sible for providing criminal history background information 
pursuant to this subsection shall not be liable in an action at 
law for damages— 
(A) for failure to prevent the sale or transfer of a 
handgun to a person whose receipt or possession of the 
handgun is unlawful under this section; or 
(B) for preventing such a sale or transfer to a person 
who may lawfully receive or possess a handgun. 
(8) For purposes of this subsection, the term ‘‘chief law 
enforcement officer’’ means the chief of police, the sheriff, or 
an equivalent officer or the designee of any such individual. 
(9) The Attorney General shall take necessary actions to 
ensure that the provisions of this subsection are published and 
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disseminated to licensed dealers, law enforcement officials, and 
the public. 
(t)(1) Beginning on the date that is 30 days after the At-
torney General notifies licensees under section 103(d) of the 
Brady Handgun Violence Prevention Act that the national in-
stant criminal background check system is established, a li-
censed importer, licensed manufacturer, or licensed dealer shall 
not transfer a firearm to any other person who is not licensed 
under this chapter, unless— 
(A) before the completion of the transfer, the licensee 
contacts the national instant criminal background check 
system established under section 103 of that Act; 
(B)(i) the system provides the licensee with a unique 
identification number; or 
(ii) 3 business days (meaning a day on which State offices 
are open) have elapsed since the licensee contacted the system, 
and the system has not notified the licensee that the receipt of 
a firearm by such other person would violate subsection (g) or 
(n) of this section; and 
(C) the transferor has verified the identity of the 
transferee by examining a valid identification document (as 
defined in section 1028(d) of this title) of the transferee 
containing a photograph of the transferee. 
(2) If receipt of a firearm would not violate subsection (g) 
or (n) or State law, the system shall— 
(A) assign a unique identification number to the trans-
fer; 
(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 re-
lating to the person or the transfer. 
(3) Paragraph (1) shall not apply to a firearm transfer be-
tween 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 possess or acquire 
a firearm; and 
(II) was issued not more than 5 years earlier by 
the State in which the transfer is to take place; and 
(II) was issued not more than 5 years earlier by the 
State in which the transfer is to take place; and 
(ii) the law of the State provides that such a permit 
is to be issued only after an authorized government official 
has verified that the information available to such official 
does not indicate that possession of a firearm by such other 
person would be in violation of law; 
(B) the Attorney General has approved the transfer 
under section 5812 of the Internal Revenue Code of 1986; 
or 
(C) on application of the transferor, the Attorney Gen-
eral has certified that compliance with paragraph (1)(A) is 
impracticable because— 
(i) the ratio of the number of law enforcement of-
ficers of the State in which the transfer is to occur to 
the number of square miles of land area of the State 
does not exceed 0.0025; 
(ii) the business premises of the licensee at which 
the transfer is to occur are extremely remote in relation 
to the chief law enforcement officer (as defined in sub-
section (s)(8)); and 
(iii) there is an absence of telecommunications fa-
cilities in the geographical area in which the business 
premises are located. 
(4) If the national instant criminal background check sys-
tem notifies the licensee that the information available to the 
system does not demonstrate that the receipt of a firearm by 
such other person would violate subsection (g) or (n) or State 
law, and the licensee transfers a firearm to such other person, 
the licensee shall include in the record of the transfer the 
unique identification number provided by the system with re-
spect to the transfer. 
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(5) If the licensee knowingly transfers a firearm to such 
other person and knowingly fails to comply with paragraph (1) 
of this subsection with respect to the transfer and, at the time 
such other person most recently proposed the transfer, the na-
tional instant criminal background check system was operating 
and information was available to the system demonstrating that 
receipt of a firearm by such other person would violate sub-
section (g) or (n) of this section or State law, the Attorney 
General may, after notice and opportunity for a hearing, sus-
pend for not more than 6 months or revoke any license issued 
to the licensee under section 923, and may impose on the li-
censee a civil fine of not more than $5,000. 
(6) Neither a local government nor an employee of the 
Federal Government or of any State or local government, re-
sponsible for providing information to the national instant 
criminal background check system shall be liable in an action 
at law for damages— 
(A) for failure to prevent the sale or transfer of a fire-
arm to a person whose receipt or possession of the firearm 
is unlawful under this section; or 
(B) for preventing such a sale or transfer to a person 
who may lawfully receive or possess a firearm. 
(u) It shall be unlawful for a person to steal or unlawfully 
take or carry away from the person or the premises of a person 
who is licensed to engage in the business of importing, manu-
facturing, or dealing in firearms, any firearm in the licensee’s 
business inventory that has been shipped or transported in 
interstate or foreign commerce. 
(x)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile— 
(A) a handgun; or 
(B) ammunition that is suitable for use only in a 
handgun. 
(2) It shall be unlawful for any person who is a juvenile 
to knowingly possess— 
(A) a handgun; or 
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(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 resi-
dence of the juvenile (or on property used for ranching 
or farming at which the juvenile, with the permission 
of the property owner or lessee, is performing activities 
related to the operation of the farm or ranch), target 
practice, hunting, or a course of instruction in the safe 
and lawful use of a handgun; 
(ii) with the prior written consent of the juvenile’s 
parent or guardian who is not prohibited by Federal, 
State, or local law from possessing a firearm, except— 
(I) during transportation by the juvenile of an 
unloaded handgun in a locked container directly 
from the place of transfer to a place at which an 
activity described in clause (i) is to take place and 
transportation by the juvenile of that handgun, un-
loaded and in a locked container, directly from the 
place at which such an activity took place to the 
transferor; or 
(II) with respect to ranching or farming activi-
ties as described in clause (i), a juvenile may pos-
sess and use a handgun or ammunition with the 
prior written approval of the juvenile’s parent or 
legal guardian and at the direction of an adult who 
is not prohibited by Federal, State or local law 
from possessing a firearm; 
(II) with respect to ranching or farming 
activities as described in clause (i), a juvenile 
may possess and use a handgun or ammunition 
with the prior written approval of the juvenile’s 
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parent or legal guardian and at the direction of 
an adult who is not prohibited by Federal, 
State or local law from possessing a firearm; 
(iii) the juvenile has the prior written consent in 
the juvenile’s possession at all times when a handgun 
is in the possession of the juvenile; and 
(iv) in accordance with State and local law; 
(B) a juvenile who is a member of the Armed Forces 
of the United States or the National Guard who possesses 
or is armed with a handgun in the line of duty; 
(C) a transfer by inheritance of title (but not posses-
sion) of a handgun or ammunition to a juvenile; or 
(D) the possession of a handgun or ammunition by a 
juvenile taken in defense of the juvenile or other persons 
against an intruder into the residence of the juvenile or a 
residence in which the juvenile is an invited guest. 
(4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the trans-
feror is not in violation of this subsection shall not be subject 
to permanent confiscation by the Government if its possession 
by the juvenile subsequently becomes unlawful because of the 
conduct of the juvenile, but shall be returned to the lawful 
owner when such handgun or ammunition is no longer required 
by the Government for the purposes of investigation or prosecu-
tion. 
(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 sub-
paragraph (A). 
(C) The court may excuse attendance of a parent or legal 
guardian of a juvenile defendant at a proceeding in a prosecu-
tion of a violation of this subsection for good cause shown. 
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(y) PROVISIONS RELATING TO ALIENS ADMITTED UNDER 
NONIMMIGRANT VISAS.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘alien’’ has the same meaning as in 
section 101(a)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(3)); and 
(B) the term ‘‘nonimmigrant visa’’ has the same 
meaning as in section 101(a)(26) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(26)). 
(2) EXCEPTIONS.—Subsections (d)(5)(B), (g)(5)(B), 
and (s)(3)(B)(v)(II) do not apply to any alien who has been 
lawfully admitted to the United States under a non-
immigrant visa, if that alien is— 
(A) admitted to the United States for lawful hunting 
or sporting purposes or is in possession of a hunting license 
or permit lawfully issued in the United States; 
(B) an official representative of a foreign government 
who is— 
(i) accredited to the United States Government or 
the Government’s mission to an international organiza-
tion 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 distin-
guished foreign visitor who has been so designated by the 
Department of State; or 
(D) a foreign law enforcement officer of a friendly for-
eign government entering the United States on official law 
enforcement business. 
(3) WAIVER.— 
(A) CONDITIONS
FOR
WAIVER.—Any individual 
who has been admitted to the United States under a 
nonimmigrant visa may receive a waiver from the re-
quirements of subsection (g)(5), if— 
(i) the individual submits to the Attorney Gen-
eral a petition that meets the requirements of sub-
paragraph (C); and 
VerDate Aug 31 2005 
22:59 Oct 13, 2006
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