184 
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 
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 
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185 
a licensed importer, licensed manufacturer, licensed dealer, 
or licensed collector, knowingly to make any false or ficti-
tious oral or written statement or to furnish or exhibit any 
false, fictitious, or misrepresented identification, intended 
or likely to deceive such importer, manufacturer, dealer, or 
collector with respect to any fact material to the lawfulness 
of the sale or other disposition of such firearm or ammuni-
tion under the provisions of this chapter; 
‘‘(7) for any person to manufacture or import armor 
piercing ammunition, unless— 
‘‘(A) the manufacture of such ammunition is for the 
use of the United States, any department or agency of 
the United States, any State, or any department, agen-
cy, or political subdivision of a State; 
‘‘(B) the manufacture of such ammunition is for the 
purpose of exportation; or 
‘‘(C) the manufacture or importation of such ammu-
nition 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 depart-
ment or agency of the United States, any State, or any 
department, agency, or political subdivision of a State; 
‘‘(B) is for the purpose of exportation; or 
‘‘(C) is for the purpose of testing or experimentation 
and has been authorized by the Attorney General; 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-
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186 
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 
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 
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187 
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 
(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 provi-
sions of chapter 44 of title 18, United States Code, 
from receiving a firearm in interstate or foreign com-
merce; and that my receipt of this firearm will not be 
in violation of any statute of the State and published 
ordinance applicable to the locality in which I reside. 
Further, the true title, name, and address of the prin-
cipal 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; 
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188 
‘‘(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 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 
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-
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189 
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 
partner of such person or child of such intimate partner or 
person, or engaging in other conduct that would place an 
intimate partner in reasonable fear of bodily injury to the 
partner or child, except that this paragraph shall only 
apply to a court order that— 
‘‘(A) was issued after a hearing of which such person 
received actual notice, and at which such person had 
the opportunity to participate; and 
‘‘(B)(i) includes a finding that such person 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-
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190 
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-
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 carrier 
to deliver in interstate or foreign commerce any firearm with-
out obtaining written acknowledgement of receipt from the re-
cipient 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 
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191 
‘‘(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; 
‘‘(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 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 indi-
vidual’s knowledge and while being employed for any person de-
scribed in any paragraph of subsection (g) of this section, in 
the course of such employment— 
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192 
‘‘(1) to receive, possess, or transport any firearm or am-
munition 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. 
‘‘(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 585(d), it shall be unlaw-
ful for any person knowingly to import or bring into the United 
States or any possession thereof any firearm or ammunition; 
and it shall be unlawful for any person knowingly to receive 
any firearm or ammunition which has been imported or 
brought into the United States or any possession thereof in vio-
lation 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 
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193 
to keep pursuant to section 583 or regulations promulgated 
thereunder. 
‘‘(n) It shall be unlawful for any person who is under indict-
ment for a crime punishable by imprisonment for a term ex-
ceeding 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 magazines, 
is not as detectable as the Security Exemplar, by walk- 
through metal detectors calibrated and operated to detect 
the Security Exemplar; or 
‘‘(B) any major component of which, when subjected to 
inspection by the types of x-ray machines commonly used 
at airports, does not generate an image that accurately 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 re-
ceiver 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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194 
‘‘(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 detec-
tors: 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 mate-
rial type 17–4 PH stainless steel, in a shape resembling 
a handgun, or such lesser amount as is detectable in 
view of advances in state-of-the-art developments in 
weapons detection technology. 
‘‘(3) Under such rules and regulations as the Attorney 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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195 
‘‘(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 military 
or intelligence agencies of the United States. 
‘‘(6) This subsection shall not apply with respect to any fire-
arm 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, or-
dinary citizens and foreign visitors may fear to travel to or 
through certain parts of the country due to concern about 
violent crime and gun violence, and parents may decline to 
send their children to school for the same reason; 
‘‘(F) the occurrence of violent crime in school zones has 
resulted in a decline in the quality of education in our 
country; 
‘‘(G) this decline in the quality of education has an ad-
verse impact on interstate commerce and the foreign com-
merce of the United States; 
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196 
‘‘(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 meas-
ures; 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 im-
ported parts any semiautomatic 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 sub-
section 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 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 transferee by ex-
amining the identification document presented; 
‘‘(III) within 1 day after the transferee furnishes 
the statement, provided notice of the contents of 
the statement to the chief law enforcement officer 
of the place of residence of the transferee; and 
‘‘(IV) within 1 day after the transferee furnishes 
the statement, transmitted a copy of the statement 
to the chief law enforcement officer of the place of 
residence of the transferee; and 
‘‘(ii)(I) 5 business days (meaning days on which 
State offices are open) have elapsed from the date the 
transferor furnished notice of the contents of the state-
ment to the chief law enforcement officer, during which 
period the transferor has not received information from 
the chief law enforcement officer that receipt or posses-
sion of the handgun by the transferee would be in vio-
lation of Federal, State, or local law; or 
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‘‘(II) the transferor has received notice from the 
chief law enforcement officer that the officer has no in-
formation indicating that receipt or possession of the 
handgun by the transferee would violate Federal, State, 
or local law; 
‘‘(B) the transferee has presented to the transferor a 
written statement, issued by the chief law enforcement 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 583, 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 
‘‘(F) on application of the transferor, the Attorney Gen-
eral has certified that compliance with subparagraph 
(A)(i)(III) is impracticable because— 
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‘‘(i) the ratio of the number of law enforcement offi-
cers 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); 
‘‘(iv) has not been adjudicated as a mental defective 
or been committed to a mental institution; 
‘‘(v) is not an alien who— 
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‘‘(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 hand-
gun 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-
plied with subclauses (III) and (IV) of paragraph (1)(A)(i) with 
respect to the statement. 
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‘‘(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 hand-
gun 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 en-
forcement officer’ means the chief of police, the sheriff, or an 
equivalent officer or the designee of any such individual. 
‘‘(9) The Attorney General shall take necessary actions to 
ensure that the provisions of this subsection are published and 
disseminated to licensed dealers, law enforcement officials, and 
the public. 
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‘‘(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 of-
fices 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 trans-
feree by examining a valid identification document (as de-
fined in section 1028(d) of this title) of the transferee con-
taining 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 relat-
ing 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— 
‘‘(I) allows such other person to possess or acquire 
a firearm; and 
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‘‘(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 offi-
cers 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. 
‘‘(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 
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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 583, 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 Fed-
eral Government or of any State or local government, respon-
sible 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 hand-
gun. 
‘‘(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 hand-
gun. 
‘‘(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 
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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; or 
‘‘(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 
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‘‘(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. 
‘‘(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— 
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‘‘(A) admitted to the United States for lawful hunt-
ing or sporting purposes or is in possession of a hunt-
ing license or permit lawfully issued in the United 
States; 
‘‘(B) an official representative of a foreign govern-
ment who is— 
‘‘(i) accredited to the United States Government 
or the Government’s mission to an international or-
ganization 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 
foreign government entering the United States on offi-
cial law enforcement business. 
‘‘(3) WAIVER.— 
‘‘(A) CONDITIONS FOR WAIVER.—Any individual who 
has been admitted to the United States under a non-
immigrant visa may receive a waiver from the require-
ments 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 
‘‘(ii) the Attorney General approves the petition. 
‘‘(B) PETITION.—Each petition under subparagraph 
(B) shall— 
‘‘(i) demonstrate that the petitioner has resided 
in the United States for a continuous period of not 
less than 180 days before the date on which the pe-
tition is submitted under this paragraph; and 
‘‘(ii) include a written statement from the em-
bassy or consulate of the petitioner, authorizing the 
petitioner to acquire a firearm or ammunition and 
certifying that the alien would not, absent the ap-
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plication of subsection (g)(5)(B), otherwise be pro-
hibited from such acquisition under subsection (g). 
‘‘(C) APPROVAL OF PETITION.—The Attorney Gen-
eral shall approve a petition submitted in accordance 
with this paragraph, if the Attorney General deter-
mines that waiving the requirements of subsection 
(g)(5)(B) with respect to the petitioner— 
‘‘(i) would be in the interests of justice; and 
‘‘(ii) would not jeopardize the public safety. 
‘‘(z) SECURE GUN STORAGE OR SAFETY DEVICE.— 
‘‘(1) IN GENERAL.—Except as provided under paragraph 
(2), it shall be unlawful for any licensed importer, licensed 
manufacturer, or licensed dealer to sell, deliver, or transfer 
any handgun to any person other than any person licensed 
under this chapter, unless the transferee is provided with 
a secure gun storage or safety device (as defined in section 
921(a)(34)) for that handgun. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to— 
‘‘(A)(i) the manufacture for, transfer to, or posses-
sion 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 en-
forcement officer employed by an entity referred to 
in clause (i) of a handgun for law enforcement pur-
poses (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 com-
missioned as a police officer under the laws of a State 
of a handgun for purposes of law enforcement (whether 
on or off duty); 
‘‘(C) the transfer to any person of a handgun listed 
as a curio or relic by the Secretary pursuant to section 
921(a)(13); or 
‘‘(D) the transfer to any person of a handgun for 
which a secure gun storage or safety device is tempo-
rarily unavailable for the reasons described in the ex-
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ceptions stated in section 923(e), if the licensed manu-
facturer, 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 se-
cure gun storage or safety device for the handgun. 
‘‘(3) LIABILITY FOR USE.— 
‘‘(A) IN GENERAL.—Notwithstanding any other pro-
vision of law, a person who has lawful possession and 
control of a handgun, and who uses a secure gun stor-
age or safety device with the handgun, shall be entitled 
to immunity from a qualified civil liability action. 
‘‘(B) PROSPECTIVE ACTIONS.—A qualified civil liabil-
ity action may not be brought in any Federal or State 
court. 
‘‘(C) DEFINED TERM.—As used in this paragraph, 
the term ‘qualified civil liability action’— 
‘‘(i) means a civil action brought by any person 
against a person described in subparagraph (A) for 
damages resulting from the criminal or unlawful 
misuse of the handgun by a third party, if— 
‘‘(I) the handgun was accessed by another 
person who did not have the permission or au-
thorization of the person having lawful posses-
sion and control of the handgun to have access 
to it; and 
‘‘(II) at the time access was gained by the 
person not so authorized, the handgun had 
been made inoperable by use of a secure gun 
storage or safety device; and 
‘‘(ii) shall not include an action brought against 
the person having lawful possession and control of 
the handgun for negligent entrustment or neg-
ligence per se. 
‘‘§ 583. Licensing 
‘‘(a) No person shall engage in the business of importing, 
manufacturing, or dealing in firearms, or importing or manu-
facturing ammunition, until he has filed an application with 
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and received a license to do so from the Attorney General. The 
application shall be in such form and contain only that infor-
mation necessary to determine eligibility for licensing as the 
Attorney General shall by regulation prescribe and shall include 
a photograph and fingerprints of the applicant. Each applicant 
shall pay a fee for obtaining such a license, a separate fee being 
required for each place in which the applicant is to do business, 
as follows: 
‘‘(1) If the applicant is a manufacturer— 
‘‘(A) of destructive devices, ammunition for destruc-
tive devices or armor piercing ammunition, a fee of 
$1,000 per year; 
‘‘(B) of firearms other than destructive devices, a fee 
of $50 per year; or 
‘‘(C) of ammunition for firearms, other than ammu-
nition for destructive devices or armor piercing ammu-
nition, a fee of $10 per year. 
‘‘(2) If the applicant is an importer— 
‘‘(A) of destructive devices, ammunition for destruc-
tive devices or armor piercing ammunition, a fee of 
$1,000 per year; or 
‘‘(B) of firearms other than destructive devices or 
ammunition for firearms other than destructive devices, 
or ammunition other than armor piercing ammunition, 
a fee of $50 per year. 
‘‘(3) If the applicant is a dealer— 
‘‘(A) in destructive devices or ammunition for de-
structive devices, a fee of $1,000 per year; or 
‘‘(B) who is not a dealer in destructive devices, a fee 
of $200 for 3 years, except that the fee for renewal of 
a valid license shall be $90 for 3 years. 
‘‘(b) Any person desiring to be licensed as a collector shall 
file an application for such license with the Attorney General. 
The application shall be in such form and contain only that in-
formation necessary to determine eligibility as the Attorney 
General shall by regulation prescribe. The fee for such license 
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shall be $10 per year. Any license granted under this sub-
section shall only apply to transactions in curios and relics. 
‘‘(c) Upon the filing of a proper application and payment of 
the prescribed fee, the Attorney General shall issue to a quali-
fied applicant the appropriate license which, subject to the pro-
visions of this chapter and other applicable provisions of law, 
shall entitle the licensee to transport, ship, and receive firearms 
and ammunition covered by such license in interstate or foreign 
commerce during the period stated in the license. Nothing in 
this chapter shall be construed to prohibit a licensed manufac-
turer, importer, or dealer from maintaining and disposing of a 
personal collection of firearms, subject only to such restrictions 
as apply in this chapter to dispositions by a person other than 
a licensed manufacturer, importer, or dealer. If any firearm is 
so disposed of by a licensee within one year after its transfer 
from his business inventory into such licensee’s personal collec-
tion or if such disposition or any other acquisition is made for 
the purpose of willfully evading the restrictions placed upon li-
censees by this chapter, then such firearm shall be deemed part 
of such licensee’s business inventory, except that any licensed 
manufacturer, importer, or dealer who has maintained a fire-
arm as part of a personal collection for one year and who sells 
or otherwise disposes of such firearm shall record the descrip-
tion of the firearm in a bound volume, containing the name and 
place of residence and date of birth of the transferee if the 
transferee is an individual, or the identity and principal and 
local places of business of the transferee if the transferee is a 
corporation or other business entity: Provided, That no other 
recordkeeping shall be required. 
‘‘(d)(1) Any application submitted under subsection (a) or 
(b) of this section shall be approved if— 
‘‘(A) the applicant is twenty-one years of age or over; 
‘‘(B) the applicant (including, in the case of a corpora-
tion, partnership, or association, any individual possessing, 
directly or indirectly, the power to direct or cause the direc-
tion of the management and policies of the corporation, 
partnership, or association) is not prohibited from trans-
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213 
porting, shipping, or receiving firearms 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 chapter or regulations issued thereunder; 
‘‘(D) the applicant has not willfully failed to disclose any 
material information required, or has not made any false 
statement as to any material fact, in connection with his 
application; 
‘‘(E) the applicant has in a State (i) premises from 
which he conducts business subject to license under this 
chapter or from which he intends to conduct such business 
within a reasonable period of time, or (ii) in the case of a 
collector, premises from which he conducts his collecting 
subject to license under this chapter or from which he in-
tends to conduct such collecting within a reasonable period 
of time; 
‘‘(F) the applicant certifies that— 
‘‘(i) the business to be conducted under the license 
is not prohibited by State or local law in the place 
where the licensed premise is located; 
‘‘(ii)(I) within 30 days after the application is ap-
proved the business will comply with the requirements 
of State and local law applicable to the conduct of the 
business; and 
‘‘(II) the business will not be conducted under the li-
cense until the requirements of State and local law ap-
plicable to the business have been met; and 
‘‘(iii) that the applicant has sent or delivered a form 
to be prescribed by the Attorney General, to the chief 
law enforcement officer of the locality in which the 
premises are located, which indicates that the applicant 
intends to apply for a Federal firearms license; and 
‘‘(G) in the case of an application to be licensed as a 
dealer, the applicant certifies that secure gun storage or 
safety devices will be available at any place in which fire-
arms are sold under the license to persons who are not li-
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214 
censees (subject to the exception that in any case in which 
a secure gun storage or safety device is temporarily un-
available because of theft, casualty loss, consumer sales, 
backorders from a manufacturer, or any other similar rea-
son beyond the control of the licensee, the dealer shall not 
be considered to be in violation of the requirement under 
this subparagraph to make available such a device). 
‘‘(2) The Attorney General must approve or deny an applica-
tion for a license within the 60-day period beginning on the 
date it is received. If the Attorney General fails to act within 
such period, the applicant may file an action under section 
1361 of title 28 to compel the Attorney General to act. If the 
Attorney General approves an applicant’s application, such ap-
plicant shall be issued a license upon the payment of the pre-
scribed fee. 
‘‘(e) The Attorney General may, after notice and opportunity 
for hearing, revoke any license issued under this section if the 
holder of such license has willfully violated any provision of this 
chapter or any rule or regulation prescribed by the Attorney 
General under this chapter or fails to have secure gun storage 
or safety devices available at any place in which firearms are 
sold under the license to persons who are not licensees (except 
that in any case in which a secure gun storage or safety device 
is temporarily unavailable because of theft, casualty loss, con-
sumer sales, backorders from a manufacturer, or any other 
similar reason beyond the control of the licensee, the dealer 
shall not be considered to be in violation of the requirement to 
make available such a device). The Attorney General may, after 
notice and opportunity for hearing, revoke the license of a deal-
er who willfully transfers armor piercing ammunition. The At-
torney General’s action under this subsection may be reviewed 
only as provided in subsection (f) of this section. 
‘‘(f)(1) Any person whose application for a license is denied 
and any holder of a license which is revoked shall receive a 
written notice from the Attorney General stating specifically 
the grounds upon which the application was denied or upon 
which the license was revoked. Any notice of a revocation of a 
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215 
license shall be given to the holder of such license before the 
effective date of the revocation. 
‘‘(2) If the Attorney General denies an application for, or re-
vokes, a license, he shall, upon request by the aggrieved party, 
promptly hold a hearing to review his denial or revocation. In 
the case of a revocation of a license, the Attorney General shall 
upon the request of the holder of the license stay the effective 
date of the revocation. A hearing held under this paragraph 
shall be held at a location convenient to the aggrieved party. 
‘‘(3) If after a hearing held under paragraph (2) the Attor-
ney General decides not to reverse his decision to deny an ap-
plication or revoke a license, the Attorney General shall give 
notice of his decision to the aggrieved party. The aggrieved 
party may at any time within sixty days after the date notice 
was given under this paragraph file a petition with the United 
States district court for the district in which he resides or has 
his principal place of business for a de novo judicial review of 
such denial or revocation. In a proceeding conducted under this 
subsection, the court may consider any evidence submitted by 
the parties to the proceeding whether or not such evidence was 
considered at the hearing held under paragraph (2). If the 
court decides that the Attorney General was not authorized to 
deny the application or to revoke the license, the court shall 
order the Attorney General to take such action as may be nec-
essary to comply with the judgment of the court. 
‘‘(4) If criminal proceedings are instituted against a licensee 
alleging any violation of this chapter or of rules or regulations 
prescribed under this chapter, and the licensee is acquitted of 
such charges, or such proceedings are terminated, other than 
upon motion of the Government before trial upon such charges, 
the Attorney General shall be absolutely barred from denying 
or revoking any license granted under this chapter where such 
denial or revocation is based in whole or in part on the facts 
which form the basis of such criminal charges. No proceedings 
for the revocation of a license shall be instituted by the Attor-
ney General more than one year after the filing of the indict-
ment or information. 
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‘‘(g)(1)(A) Each licensed importer, licensed manufacturer, 
and licensed dealer shall maintain such records of importation, 
production, shipment, receipt, sale, or other disposition of fire-
arms at his place of business for such period, and in such form, 
as the Attorney General may by regulations prescribe. Such im-
porters, manufacturers, and dealers shall not be required to 
submit to the Attorney General reports and information with 
respect to such records and the contents thereof, except as ex-
pressly required by this section. The Attorney General, when he 
has reasonable cause to believe a violation of this chapter has 
occurred and that evidence thereof may be found on such prem-
ises, may, upon demonstrating such cause before a Federal 
magistrate judge and securing from such magistrate judge a 
warrant authorizing entry, enter during business hours the 
premises (including places of storage) of any licensed firearms 
importer, licensed manufacturer, licensed dealer, licensed col-
lector, or any licensed importer or manufacturer of ammuni-
tion, for the purpose of inspecting or examining— 
‘‘(i) any records or documents required to be kept by 
such licensed importer, licensed manufacturer, licensed 
dealer, or licensed collector under this chapter or rules or 
regulations under this chapter, and 
‘‘(ii) any firearms or ammunition kept or stored by such 
licensed importer, licensed manufacturer, licensed dealer, or 
licensed collector, at such premises. 
‘‘(B) The Attorney General may inspect or examine the in-
ventory and records of a licensed importer, licensed manufac-
turer, or licensed dealer without such reasonable cause or war-
rant— 
‘‘(i) in the course of a reasonable inquiry during the 
course of a criminal investigation of a person or persons 
other than the licensee; 
‘‘(ii) for ensuring compliance with the record keeping re-
quirements of this chapter— 
‘‘(I) not more than once during any 12-month pe-
riod; or 
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217 
‘‘(II) at any time with respect to records relating to 
a firearm involved in a criminal investigation that is 
traced to the licensee; or 
‘‘(iii) when such inspection or examination may be re-
quired for determining the disposition of one or more par-
ticular firearms in the course of a bona fide criminal inves-
tigation. 
‘‘(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 re-
quirements of this chapter not more than once during any 
twelve-month period; or 
‘‘(ii) when such inspection or examination may be re-
quired for determining the disposition of one or more par-
ticular firearms in the course of a bona fide criminal inves-
tigation. 
‘‘(D) At the election of a licensed collector, the annual in-
spection of records and inventory permitted under this para-
graph shall be performed at the office of the Attorney General 
designated for such inspections which is located in closest prox-
imity to the premises where the inventory and records of such 
licensed collector are maintained. The inspection and examina-
tion authorized by this paragraph shall not be construed as au-
thorizing the Attorney General to seize any records or other 
documents other than those records or documents constituting 
material evidence of a violation of law. If the Attorney General 
seizes such records or documents, copies shall be provided the 
licensee within a reasonable time. The Attorney General may 
make available to any Federal, State, or local law enforcement 
agency any information which he may obtain by reason of this 
chapter with respect to the identification of persons prohibited 
from purchasing or receiving firearms or ammunition who have 
purchased or received firearms or ammunition, together with a 
description of such firearms or ammunition, and he may pro-
vide information to the extent such information may be con-
tained in the records required to be maintained by this chapter, 
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when so requested by any Federal, State, or local law enforce-
ment agency. 
‘‘(2) Each licensed collector shall maintain in a bound vol-
ume the nature of which the Attorney General may by regula-
tions prescribe, records of the receipt, sale, or other disposition 
of firearms. Such records shall include the name and address 
of any person to whom the collector sells or otherwise disposes 
of a firearm. Such collector shall not be required to submit to 
the Attorney General reports and information with respect to 
such records and the contents thereof, except as expressly re-
quired by this section. 
‘‘(3)(A) Each licensee shall prepare a report of multiple sales 
or other dispositions whenever the licensee sells or otherwise 
disposes of, at one time or during any five consecutive business 
days, two or more pistols, or revolvers, or any combination of 
pistols and revolvers totalling two or more, to an unlicensed 
person. The report shall be prepared on a form specified by the 
Attorney General and forwarded to the office specified thereon 
and to the department of State police or State law enforcement 
agency of the State or local law enforcement agency of the local 
jurisdiction in which the sale or other disposition took place, 
not later than the close of business on the day that the multiple 
sale or other disposition occurs. 
‘‘(B) Except in the case of forms and contents thereof re-
garding a purchaser who is prohibited by subsection (g) or (n) 
of section 582 of this title from receipt of a firearm, the de-
partment of State police or State law enforcement agency or 
local law enforcement agency of the local jurisdiction shall not 
disclose any such form or the contents thereof to any person 
or entity, and shall destroy each such form and any record of 
the contents thereof no more than 20 days from the date such 
form is received. No later than the date that is 6 months after 
the effective date of this subparagraph, and at the end of each 
6-month period thereafter, the department of State police or 
State law enforcement agency or local law enforcement agency 
of the local jurisdiction shall certify to the Attorney General of 
the United States that no disclosure contrary to this subpara-
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219 
graph has been made and that all forms and any record of the 
contents thereof have been destroyed as provided in this sub-
paragraph. 
‘‘(4) Where a firearms or ammunition business is discon-
tinued and succeeded by a new licensee, the records required 
to be kept by this chapter shall appropriately reflect such facts 
and shall be delivered to the successor. Where discontinuance 
of the business is absolute, such records shall be delivered with-
in thirty days after the business discontinuance to the Attorney 
General. However, where State law or local ordinance requires 
the delivery of records to other responsible authority, the Attor-
ney General may arrange for the delivery of such records to 
such other responsible authority. 
‘‘(5)(A) Each licensee shall, when required by letter issued 
by the Attorney General, and until notified to the contrary in 
writing by the Attorney General, submit on a form specified by 
the Attorney General, for periods and at the times specified in 
such letter, all record information required to be kept by this 
chapter or such lesser record information as the Attorney Gen-
eral in such letter may specify. 
‘‘(B) The Attorney General may authorize such record infor-
mation to be submitted in a manner other than that prescribed 
in subparagraph (A) of this paragraph when it is shown by a 
licensee that an alternate method of reporting is reasonably 
necessary and will not unduly hinder the effective administra-
tion of this chapter. A licensee may use an alternate method 
of reporting if the licensee describes the proposed alternate 
method of reporting and the need therefor in a letter applica-
tion submitted to the Attorney General, and the Attorney Gen-
eral approves such alternate method of reporting. 
‘‘(6) Each licensee shall report the theft or loss of a firearm 
from the licensee’s inventory or collection, within 48 hours after 
the theft or loss is discovered, to the Attorney General and to 
the appropriate local authorities. 
‘‘(7) Each licensee shall respond immediately to, and in no 
event later than 24 hours after the receipt of, a request by the 
Attorney General for information contained in the records re-
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quired to be kept by this chapter as may be required for deter-
mining the disposition of 1 or more firearms in the course of 
a bona fide criminal investigation. The requested information 
shall be provided orally or in writing, as the Attorney General 
may require. The Attorney General shall implement a system 
whereby the licensee can positively identify and establish that 
an individual requesting information via telephone is employed 
by and authorized by the agency to request such information. 
‘‘(h) Licenses issued under the provisions of subsection (c) 
of this section shall be kept posted and kept available for in-
spection on the premises covered by the license. 
‘‘(i) Licensed importers and licensed manufacturers shall 
identify by means of a serial number engraved or cast on the 
receiver or frame of the weapon, in such manner as the Attor-
ney General shall by regulations prescribe, each firearm im-
ported or manufactured by such importer or manufacturer. 
‘‘(j) A licensed importer, licensed manufacturer, or licensed 
dealer may, under rules or regulations prescribed by the Attor-
ney General, conduct business temporarily at a location other 
than the location specified on the license if such temporary lo-
cation is the location for a gun show or event sponsored by any 
national, State, or local organization, or any affiliate of any 
such organization devoted to the collection, competitive use, or 
other sporting use of firearms in the community, and such loca-
tion is in the State which is specified on the license. Records 
of receipt and disposition of firearms transactions conducted at 
such temporary location shall include the location of the sale 
or other disposition and shall be entered in the permanent 
records of the licensee and retained on the location specified on 
the license. Nothing in this subsection shall authorize any li-
censee to conduct business in or from any motorized or towed 
vehicle. Notwithstanding the provisions of subsection (a) of this 
section, a separate fee shall not be required of a licensee with 
respect to business conducted under this subsection. Any in-
spection or examination of inventory or records under this 
chapter by the Attorney General at such temporary location 
shall be limited to inventory consisting of, or records relating 
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221 
to, firearms held or disposed at such temporary location. Noth-
ing in this subsection shall be construed to authorize the Attor-
ney General to inspect or examine the inventory or records of 
a licensed importer, licensed manufacturer, or licensed dealer at 
any location other than the location specified on the license. 
Nothing in this subsection shall be construed to diminish in 
any manner any right to display, sell, or otherwise dispose of 
firearms or ammunition, which is in effect before the date of 
the enactment of the Firearms Owners’ Protection Act, includ-
ing the right of a licensee to conduct ‘curios or relics’ firearms 
transfers and business away from their business premises with 
another licensee without regard as to whether the location of 
where the business is conducted is located in the State specified 
on the license of either licensee. 
‘‘(k) Licensed importers and licensed manufacturers shall 
mark all armor piercing projectiles and packages containing 
such projectiles for distribution in the manner prescribed by 
the Attorney General by regulation. The Attorney General shall 
furnish information to each dealer licensed under this chapter 
defining which projectiles are considered armor piercing ammu-
nition. 
‘‘(l) The Attorney General shall notify the chief law enforce-
ment officer in the appropriate State and local jurisdictions of 
the names and addresses of all persons in the State to whom 
a firearms license is issued. 
‘‘§ 584. Penalties 
‘‘(a)(1) Except as otherwise provided in this subsection, sub-
section (b), (c), (f), or (p) of this section, or in section 592, 
whoever— 
‘‘(A) knowingly makes any false statement or representa-
tion with respect to the information required by this chap-
ter to be kept in the records of a person licensed under this 
chapter or in applying for any license or exemption or relief 
from disability under the provisions of this chapter; 
‘‘(B) knowingly violates subsection (a)(4), (f), (k), or (q) 
of section 582; 
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222 
‘‘(C) knowingly imports or brings into the United States 
or any possession thereof any firearm or ammunition in 
violation of section 582(l); or 
‘‘(D) knowingly violates any other provision of this chap-
ter, 
shall be imprisoned not more than five years. 
‘‘(2) Whoever knowingly violates subsection (a)(6), (d), (g), 
(h), (i), (j), or (o) of section 582 shall be imprisoned not more 
than 10 years. 
‘‘(3) Any licensed dealer, licensed importer, licensed manu-
facturer, or licensed collector who knowingly— 
‘‘(A) makes any false statement or representation with 
respect to the information required by the provisions of this 
chapter to be kept in the records of a person licensed under 
this chapter, or 
‘‘(B) violates subsection (m) of section 582, 
shall be imprisoned not more than one year. 
‘‘(4) Whoever violates section 582(q) shall be imprisoned for 
not more than 5 years. Notwithstanding any other provision of 
law, the term of imprisonment imposed under this paragraph 
shall not run concurrently with any other term of imprisonment 
imposed under any other provision of law. Except for the au-
thorization of a term of imprisonment of not more than 5 years 
made in this paragraph, for the purpose of any other law a vio-
lation of section 582(q) shall be deemed to be a misdemeanor. 
‘‘(5) Whoever knowingly violates subsection (s) or (t) of sec-
tion 582 shall be imprisoned for not more than 1 year. 
‘‘(6)(A)(i) A juvenile who violates section 582(x) shall be im-
prisoned not more than 1 year, except that a juvenile described 
in clause (ii) shall be sentenced to probation on appropriate 
conditions and shall not be incarcerated unless the juvenile fails 
to comply with a condition of probation. 
‘‘(ii) A juvenile is described in this clause if— 
‘‘(I) the offense of which the juvenile is charged is pos-
session of a handgun or ammunition in violation of section 
582(x)(2); and 
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‘‘(II) the juvenile has not been convicted in any court of 
an offense (including an offense under section 582(x) or a 
similar State law, but not including any other offense con-
sisting of conduct that if engaged in by an adult would not 
constitute an offense) or adjudicated as a juvenile delin-
quent for conduct that if engaged in by an adult would con-
stitute an offense. 
‘‘(B) A person other than a juvenile who knowingly violates 
section 582(x)— 
‘‘(i) shall be imprisoned not more than 1 year; and 
‘‘(ii) if the person sold, delivered, or otherwise trans-
ferred a handgun or ammunition to a juvenile knowing or 
having reasonable cause to know that the juvenile intended 
to carry or otherwise possess or discharge or otherwise use 
the handgun or ammunition in the commission of a crime 
of violence, shall be imprisoned not more than 10 years. 
‘‘(7) Whoever knowingly violates section 594 shall be impris-
oned not more than 3 years. 
‘‘(b) Whoever, with intent to commit therewith an offense 
punishable by imprisonment for a term exceeding one year, or 
with knowledge or reasonable cause to believe that an offense 
punishable by imprisonment for a term exceeding one year is 
to be committed therewith, ships, transports, or receives a fire-
arm or any ammunition in interstate or foreign commerce shall 
be imprisoned not more than ten years. 
‘‘(c)(1)(A) Except to the extent that a greater minimum sen-
tence is otherwise provided by this subsection or by any other 
provision of law, any person who, during and in relation to any 
crime of violence or drug trafficking crime (including a crime 
of violence or drug trafficking crime that provides for an en-
hanced punishment if committed by the use of a deadly or dan-
gerous weapon or device) for which the person may be pros-
ecuted in a court of the United States, uses or carries a fire-
arm, or who, in furtherance of any such crime, possesses a fire-
arm, shall, in addition to the punishment provided for such 
crime of violence or drug trafficking crime— 
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‘‘(i) be sentenced to a term of imprisonment of not less 
than 5 years; 
‘‘(ii) if the firearm is brandished, be sentenced to a term 
of imprisonment of not less than 7 years; and 
‘‘(iii) if the firearm is discharged, be sentenced to a term 
of imprisonment of not less than 10 years. 
‘‘(B) If the firearm possessed by a person convicted of a vio-
lation of this subsection— 
‘‘(i) is a short-barreled rifle, short-barreled shotgun, or 
semiautomatic assault weapon, the person shall be sen-
tenced to a term of imprisonment of not less than 10 years; 
or 
‘‘(ii) is a machinegun or a destructive device, or is 
equipped with a firearm silencer or firearm muffler, the 
person shall be sentenced to a term of imprisonment of not 
less than 30 years. 
‘‘(C) In the case of a second or subsequent conviction under 
this subsection, the person shall— 
‘‘(i) be sentenced to a term of imprisonment of not less 
than 25 years; and 
‘‘(ii) if the firearm involved is a machinegun or a de-
structive device, or is equipped with a firearm silencer or 
firearm muffler, be sentenced to imprisonment for life. 
‘‘(D) Notwithstanding any other provision of law— 
‘‘(i) a court shall not place on probation any person con-
victed of a violation of this subsection; and 
‘‘(ii) no term of imprisonment imposed on a person 
under this subsection shall run concurrently with any other 
term of imprisonment imposed on the person, including any 
term of imprisonment imposed for the crime of violence or 
drug trafficking crime during which the firearm was used, 
carried, or possessed. 
‘‘(2) For purposes of this subsection, the term ‘drug traf-
ficking crime’ means any felony punishable under the Con-
trolled Substances Act (21 U.S.C. 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. 951 et seq.), or 
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225 
the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
1901 et seq.). 
‘‘(3) For purposes of this subsection the term ‘crime of vio-
lence’ means an offense that is a felony and— 
‘‘(A) has as an element the use, attempted use, or 
threatened use of physical force against the person or prop-
erty of another, or 
‘‘(B) that by its nature, involves a substantial risk that 
physical force against the person or property of another 
may be used in the course of committing the offense. 
‘‘(4) For purposes of this subsection, the term ‘brandish’ 
means, with respect to a firearm, to display all or part of the 
firearm, or otherwise make the presence of the firearm known 
to another person, in order to intimidate that person, regard-
less of whether the firearm is directly visible to that person. 
‘‘(5) Except to the extent that a greater minimum sentence 
is otherwise provided under this subsection, or by any other 
provision of law, any person who, during and in relation to any 
crime of violence or drug trafficking crime (including a crime 
of violence or drug trafficking crime that provides for an en-
hanced punishment if committed by the use of a deadly or dan-
gerous weapon or device) for which the person may be pros-
ecuted in a court of the United States, uses or carries armor 
piercing ammunition, or who, in furtherance of any such crime, 
possesses armor piercing ammunition, shall, in addition to the 
punishment provided for such crime of violence or drug traf-
ficking crime or conviction under this section— 
‘‘(A) be sentenced to a term of imprisonment of not less 
than 15 years; and 
‘‘(B) if death results from the use of such ammunition 
be punished as provided in section 101. 
‘‘(d)(1) Any firearm or ammunition involved in or used in 
any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), 
(i), (j), or (k) of section 582, or knowing importation or bring-
ing into the United States or any possession thereof any fire-
arm or ammunition in violation of section 582(l), or knowing 
violation of section 584, or willful violation of any other provi-
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sion of this chapter or any rule or regulation promulgated 
thereunder, or any violation of any other criminal law of the 
United States, or any firearm or ammunition intended to be 
used in any offense referred to in paragraph (3) of this sub-
section, where such intent is demonstrated by clear and con-
vincing evidence, shall be subject to seizure and forfeiture, and 
all provisions of the Internal Revenue Code of 1986 relating to 
the seizure, forfeiture, and disposition of firearms, as defined 
in section 5845(a) of that Code, shall, so far as applicable, ex-
tend to seizures and forfeitures under the provisions of this 
chapter: Provided, That upon acquittal of the owner or pos-
sessor, or dismissal of the charges against him other than upon 
motion of the Government prior to trial, or lapse of or court 
termination of the restraining order to which he is subject, the 
seized or relinquished firearms or ammunition shall be returned 
forthwith to the owner or possessor or to a person delegated 
by the owner or possessor unless the return of the firearms or 
ammunition would place the owner or possessor or his delegate 
in violation of law. Any action or proceeding for the forfeiture 
of firearms or ammunition shall be commenced within one hun-
dred and twenty days of such seizure. 
‘‘(2)(A) In any action or proceeding for the return of fire-
arms or ammunition seized under the provisions of this chap-
ter, the court shall allow the prevailing party, other than the 
United States, a reasonable attorney’s fee, and the United 
States shall be liable therefor. 
‘‘(B) In any other action or proceeding under the provisions 
of this chapter, the court, when it finds that such action was 
without foundation, or was initiated vexatiously, frivolously, or 
in bad faith, shall allow the prevailing party, other than the 
United States, a reasonable attorney’s fee, and the United 
States shall be liable therefor. 
‘‘(C) Only those firearms or quantities of ammunition par-
ticularly named and individually identified as involved in or 
used in any violation of the provisions of this chapter or any 
rule or regulation issued thereunder, or any other criminal law 
of the United States or as intended to be used in any offense 
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referred to in paragraph (3) of this subsection, where such in-
tent is demonstrated by clear and convincing evidence, shall be 
subject to seizure, forfeiture, and disposition. 
‘‘(D) The United States shall be liable for attorneys’ fees 
under this paragraph only to the extent provided in advance by 
appropriation Acts. 
‘‘(3) The offenses referred to in paragraphs (1) and (2)(C) 
of this subsection are— 
‘‘(A) any crime of violence, as that term is defined in 
section 584(c)(3) of this title; 
‘‘(B) any offense punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.) or the Controlled Sub-
stances Import and Export Act (21 U.S.C. 951 et seq.); 
‘‘(C) any offense described in section 582(a)(1), 
582(a)(3), 582(a)(5), or 582(b)(3) of this title, where the 
firearm or ammunition intended to be used in any such of-
fense is involved in a pattern of activities which includes a 
violation of any offense described in section 582(a)(1), 
582(a)(3), 582(a)(5), or 582(b)(3) of this title; 
‘‘(D) any offense described in section 582(d) of this title 
where the firearm or ammunition is intended to be used in 
such offense by the transferor of such firearm or ammuni-
tion; 
‘‘(E) any offense described in section 582(i), 582(j), 
582(l), 582(n), or 584(b) of this title; and 
‘‘(F) any offense which may be prosecuted in a court of 
the United States which involves the exportation of fire-
arms or ammunition. 
‘‘(e)(1) In the case of a person who violates section 582(g) 
of this title and has three previous convictions by any court re-
ferred to in section 582(g)(1) of this title for a violent felony 
or a serious drug offense, or both, committed on occasions dif-
ferent from one another, such person shall be imprisoned not 
less than fifteen years, and, notwithstanding any other provi-
sion of law, the court shall not suspend the sentence of, or 
grant a probationary sentence to, such person with respect to 
the conviction under section 582(g). 
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‘‘(2) As used in this subsection— 
‘‘(A) the term ‘serious drug offense’ means— 
‘‘(i) an offense under chapter 17 or the Maritime 
Drug Law Enforcement Act (46 U.S.C. App. 1901 et 
seq.) for which a maximum term of imprisonment of 
ten years or more is prescribed by law; or 
‘‘(ii) an offense under State law, involving manufac-
turing, distributing, or possessing with intent to manu-
facture or distribute, a controlled substance (as defined 
in section 102 of the Controlled Substances Act (21 
U.S.C. 802)), for which a maximum term of imprison-
ment of ten years or more is prescribed by law; 
‘‘(B) the term ‘violent felony’ means any crime punish-
able by imprisonment for a term exceeding one year, or any 
act of juvenile delinquency involving the use or carrying of 
a firearm, knife, or destructive device that would be punish-
able by imprisonment for such term if committed by an 
adult, that— 
‘‘(i) has as an element the use, attempted use, or 
threatened use of physical force against the person of 
another; or 
‘‘(ii) is burglary, arson, or extortion, involves use of 
explosives, or otherwise involves conduct that presents 
a serious potential risk of physical injury to another; 
and 
‘‘(C) the term ‘conviction’ includes a finding that a per-
son has committed an act of juvenile delinquency involving 
a violent felony. 
‘‘(f) In the case of a person who knowingly violates section 
582(p), such person shall be or imprisoned not more than 5 
years. 
‘‘(g) Whoever, with the intent to engage in conduct which— 
‘‘(1) constitutes an offense listed in section 1961(1), 
‘‘(2) is punishable under chapter 17 or the Maritime 
Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.), 
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‘‘(3) violates any State law relating to any controlled 
substance (as defined in section 102(6) of the Controlled 
Substances Act (21 U.S.C. 802(6))), or 
‘‘(4) constitutes a crime of violence (as defined in sub-
section (c)(3)), 
travels from any State or foreign country into any other State 
and acquires, transfers, or attempts to acquire or transfer, a 
firearm in such other State in furtherance of such purpose, 
shall be imprisoned not more than 10 years. 
‘‘(h) Whoever knowingly transfers a firearm, knowing that 
such firearm will be used to commit a crime of violence (as de-
fined in subsection (c)(3)) or drug trafficking crime (as defined 
in subsection (c)(2)) shall be imprisoned not more than 10 
years. 
‘‘(i)(1) A person who knowingly violates section 582(u) shall 
be imprisoned not more than 10 years. 
‘‘(2) Nothing contained in this subsection shall be construed 
as indicating an intent on the part of Congress to occupy the 
field in which provisions of this subsection operate to the exclu-
sion of State laws on the same subject matter, nor shall any 
provision of this subsection be construed as invalidating any 
provision of State law unless such provision is inconsistent with 
any of the purposes of this subsection. 
‘‘(j) A person who, in the course of a violation of subsection 
(c), causes the death of a person through the use of a firearm, 
shall— 
‘‘(1) if the killing is a murder (as defined in section 
1111), be punished by death or by imprisonment for any 
term of years or for life; and 
‘‘(2) if the killing is manslaughter (as defined in section 
1112), be punished as provided in that section. 
‘‘(k) A person who, with intent to engage in or to promote 
conduct that— 
‘‘(1) is punishable under chapter 17 or the Maritime 
Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.); 
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‘‘(2) violates any law of a State relating to any controlled 
substance (as defined in section 102 of the Controlled Sub-
stances Act, 21 U.S.C. 802); or 
‘‘(3) constitutes a crime of violence (as defined in sub-
section (c)(3)), 
smuggles or knowingly brings into the United States a firearm, 
or attempts to do so, shall be imprisoned not more than 10 
years. 
‘‘(l) A person who steals any firearm which is moving as, or 
is a part of, or which has moved in, interstate or foreign com-
merce shall be imprisoned for not more than 10 years. 
‘‘(m) A person who steals any firearm from a licensed im-
porter, licensed manufacturer, licensed dealer, or licensed col-
lector shall be imprisoned not more than 10 years. 
‘‘(n) A person who, with the intent to engage in conduct that 
constitutes a violation of section 582(a)(1)(A), travels from any 
State or foreign country into any other State and acquires, or 
attempts to acquire, a firearm in such other State in further-
ance of such purpose shall be imprisoned for not more than 10 
years. 
‘‘(o) A person who conspires to commit an offense under sub-
section (c) shall be imprisoned for not more than 20 years; and 
if the firearm is a machinegun or destructive device, or is 
equipped with a firearm silencer or muffler, shall be imprisoned 
for any term of years or life. 
‘‘(p) PENALTIES RELATING TO SECURE GUN STORAGE OR 
SAFETY DEVICE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) SUSPENSION
OR
REVOCATION
OF
LICENSE; 
CIVIL PENALTIES.—With respect to each violation of 
section 922(z)(1) by a licensed manufacturer, licensed 
importer, or licensed dealer, the Secretary may, after 
notice and opportunity for hearing— 
‘‘(i) suspend for not more than 6 months, or re-
voke, the license issued to the licensee under this 
chapter that was used to conduct the firearms 
transfer; or 
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231 
‘‘(ii) subject the licensee to a civil penalty in an 
amount equal to not more than $2,500. 
‘‘(B) REVIEW.—An action of the Secretary under 
this paragraph may be reviewed only as provided under 
section 923(f). 
‘‘(2) ADMINISTRATIVE
REMEDIES.—The suspension or 
revocation of a license or the imposition of a civil penalty 
under paragraph (1) shall not preclude any administrative 
remedy that is otherwise available to the Secretary. 
‘‘§ 585. Exceptions: Relief from disabilities 
‘‘(a)(1) The provisions of this chapter, except for sections 
582(d)(9) and 582(g)(9) and provisions relating to firearms 
subject to the prohibitions of section 582(p), shall not apply 
with respect to the transportation, shipment, receipt, posses-
sion, or importation of any firearm or ammunition imported 
for, sold or shipped to, or issued for the use of, the United 
States or any department or agency thereof or any State or 
any department, agency, or political subdivision thereof. 
‘‘(2) The provisions of this chapter, except for provisions re-
lating to firearms subject to the prohibitions of section 582(p), 
shall not apply with respect to (A) the shipment or receipt of 
firearms or ammunition when sold or issued by the Secretary 
of the Army pursuant to section 4308 of title 10 before the re-
peal of such section by section 1624(a) of the Corporation for 
the Promotion of Rifle Practice and Firearms Safety Act, and 
(B) the transportation of any such firearm or ammunition car-
ried out to enable a person, who lawfully received such firearm 
or ammunition from the Secretary of the Army, to engage in 
military training or in competitions. 
‘‘(3) Unless otherwise prohibited by this chapter, except for 
provisions relating to firearms subject to the prohibitions of 
section 582(p), or any other Federal law, a licensed importer, 
licensed manufacturer, or licensed dealer may ship to a member 
of the United States Armed Forces on active duty outside the 
United States or to clubs, recognized by the Department of De-
fense, whose entire membership is composed of such members, 
and such members or clubs may receive a firearm or ammuni-
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tion determined by the Attorney General to be generally recog-
nized as particularly suitable for sporting purposes and in-
tended for the personal use of such member or club. 
‘‘(4) When established to the satisfaction of the Attorney 
General to be consistent with the provisions of this chapter, ex-
cept for provisions relating to firearms subject to the prohibi-
tions of section 582(p), and other applicable Federal and State 
laws and published ordinances, the Attorney General may au-
thorize the transportation, shipment, receipt, or importation 
into the United States to the place of residence of any member 
of the United States Armed Forces who is on active duty out-
side the United States (or who has been on active duty outside 
the United States within the 60-day period immediately pre-
ceding the transportation, shipment, receipt, or importation), of 
any firearm or ammunition which is (A) determined by the At-
torney General to be generally recognized as particularly suit-
able for sporting purposes, or determined by the Department 
of Defense to be a type of firearm normally classified as a war 
souvenir, and (B) intended for the personal use of such mem-
ber. 
‘‘(5) For the purpose of paragraph (3), the term ‘United 
States’ means each of the several States and the District of Co-
lumbia. 
‘‘(b) A licensed importer, licensed manufacturer, licensed 
dealer, or licensed collector who is indicted for a crime punish-
able by imprisonment for a term exceeding one year, may, not-
withstanding any other provision of this chapter, continue oper-
ation pursuant to his existing license (if prior to the expiration 
of the term of the existing license timely application is made 
for a new license) during the term of such indictment and until 
any conviction pursuant to the indictment becomes final. 
‘‘(c) A person who is prohibited from possessing, shipping, 
transporting, or receiving firearms or ammunition may make 
application to the Attorney General for relief from the disabil-
ities imposed by Federal laws with respect to the acquisition, 
receipt, transfer, shipment, transportation, or possession of 
firearms, and the Attorney General may grant such relief if it 
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233 
is established to his satisfaction that the circumstances regard-
ing the disability, and the applicant’s record and reputation, 
are such that the applicant will not be likely to act in a manner 
dangerous to public safety and that the granting of the relief 
would not be contrary to the public interest. Any person whose 
application for relief from disabilities is denied by the Attorney 
General may file a petition with the United States district 
court for the district in which he resides for a judicial review 
of such denial. The court may in its discretion admit additional 
evidence where failure to do so would result in a miscarriage 
of justice. A licensed importer, licensed manufacturer, licensed 
dealer, or licensed collector conducting operations under this 
chapter, who makes application for relief from the disabilities 
incurred under this chapter, shall not be barred by such dis-
ability from further operations under his license pending final 
action on an application for relief filed pursuant to this section. 
Whenever the Attorney General grants relief to any person pur-
suant to this section he shall promptly publish in the Federal 
Register notice of such action, together with the reasons there-
for. 
‘‘(d) The Attorney General shall authorize a firearm or am-
munition to be imported or brought into the United States or 
any possession thereof if the firearm or ammunition— 
‘‘(1) is being imported or brought in for scientific or re-
search purposes, or is for use in connection with competi-
tion or training pursuant to chapter 401 of title 10; 
‘‘(2) is an unserviceable firearm, other than a machine-
gun as defined in section 5845(b) of the Internal Revenue 
Code of 1986 (not readily restorable to firing condition), 
imported or brought in as a curio or museum piece; 
‘‘(3) is of a type that does not fall within the definition 
of a firearm as defined in section 5845(a) of the Internal 
Revenue Code of 1986 and is generally recognized as par-
ticularly suitable for or readily adaptable to sporting pur-
poses, excluding surplus military firearms, except in any 
case where the Attorney General has not authorized the im-
portation of the firearm pursuant to this paragraph, it 
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234 
shall be unlawful to import any frame, receiver, or barrel 
of such firearm which would be prohibited if assembled; or 
‘‘(4) was previously taken out of the United States or a 
possession by the person who is bringing in the firearm or 
ammunition. 
The Attorney General shall permit the conditional importation 
or bringing in of a firearm or ammunition for examination and 
testing in connection with the making of a determination as to 
whether the importation or bringing in of such firearm or am-
munition will be allowed under this subsection. 
‘‘(e) Notwithstanding any other provision of this title, the 
Attorney General shall authorize the importation of, by any li-
censed importer, the following: 
‘‘(1) All rifles and shotguns listed as curios or relics by 
the Attorney General pursuant to section 581(11), and 
‘‘(2) All handguns, listed as curios or relics by the Attor-
ney General pursuant to section 581(11), provided that 
such handguns are generally recognized as particularly 
suitable for or readily adaptable to sporting purposes. 
‘‘(f) The Attorney General shall not authorize, under sub-
section (d), the importation of any firearm the importation of 
which is prohibited by section 582(p). 
‘‘§ 586. Remedy for erroneous denial of firearm 
‘‘Any person denied a firearm pursuant to subsection (s) or 
(t) of section 582— 
‘‘(1) due to the provision of erroneous information relat-
ing to the person by any State or political subdivision 
thereof, or by the national instant criminal background 
check system established under section 103 of the Brady 
Handgun Violence Prevention Act; or 
‘‘(2) who was not prohibited from receipt of a firearm 
pursuant to subsection (g) or (n) of section 582, 
may bring an action against the State or political subdivision 
responsible for providing the erroneous information, or respon-
sible for denying the transfer, or against the United States, as 
the case may be, for an order directing that the erroneous in-
formation be corrected or that the transfer be approved, as the 
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235 
case may be. In any action under this section, the court, in its 
discretion, may allow the prevailing party a reasonable attor-
ney’s fee as part of the costs. 
‘‘§ 587. Rules and regulations 
‘‘(a) The Attorney General may prescribe only such rules and 
regulations as are necessary to carry out the provisions of this 
chapter, including— 
‘‘(1) regulations providing that a person licensed under 
this chapter, when dealing with another person so licensed, 
shall provide such other licensed person a certified copy of 
this license; 
‘‘(2) regulations providing for the issuance, at a reason-
able cost, to a person licensed under this chapter, of cer-
tified copies of his license for use as provided under regula-
tions issued under paragraph (1) of this subsection; and 
‘‘(3) regulations providing for effective receipt and secure 
storage of firearms relinquished by or seized from persons 
described in subsection (d)(8) or (g)(8) of section 582. 
No such rule or regulation prescribed after the date of the en-
actment of the Firearms Owners’ Protection Act may require 
that records required to be maintained under this chapter or 
any portion of the contents of such records, be recorded at or 
transferred to a facility owned, managed, or controlled by the 
United States or any State or any political subdivision thereof, 
nor that any system of registration of firearms, firearms own-
ers, or firearms transactions or dispositions be established. 
Nothing in this section expands or restricts the Attorney Gen-
eral’s authority to inquire into the disposition of any firearm 
in the course of a criminal investigation. 
‘‘(b) The Attorney General shall give not less than ninety 
days public notice, and shall afford interested parties oppor-
tunity for hearing, before prescribing such rules and regula-
tions. 
‘‘(c) The Attorney General shall not prescribe rules or regu-
lations that require purchasers of black powder under the ex-
emption provided in section 615 to complete affidavits or forms 
attesting to that exemption. 
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236 
‘‘§ 588. Interstate transportation of firearms 
‘‘Notwithstanding any other provision of any law or any rule 
or regulation of a State or any political subdivision thereof, any 
person who is not otherwise prohibited by this chapter from 
transporting, shipping, or receiving a firearm shall be entitled 
to transport a firearm for any lawful purpose from any place 
where he may lawfully possess and carry such firearm to any 
other place where he may lawfully possess and carry such fire-
arm if, during such transportation the firearm is unloaded, and 
neither the firearm nor any ammunition being transported is 
readily accessible or is directly accessible from the passenger 
compartment of such transporting vehicle: Provided, That in 
the case of a vehicle without a compartment separate from the 
driver’s compartment the firearm or ammunition shall be con-
tained in a locked container other than the glove compartment 
or console. 
‘‘§ 589. Carrying of concealed firearms by quali-
fied law enforcement officers 
‘‘(a) Notwithstanding any other provision of the law of any 
State or any political subdivision thereof, an individual who is 
a qualified law enforcement officer and who is carrying the 
identification required by subsection (d) may carry a concealed 
firearm that has been shipped or transported in interstate or 
foreign commerce, subject to subsection (b). 
‘‘(b) This section shall not be construed to supersede or limit 
the laws of any State that— 
‘‘(1) permit private persons or entities to prohibit or re-
strict the possession of concealed firearms on their prop-
erty; or 
‘‘(2) prohibit or restrict the possession of firearms on 
any State or local government property, installation, build-
ing, base, or park. 
‘‘(c) As used in this section, the term ‘qualified law enforce-
ment officer’ means an employee of a governmental agency 
who— 
‘‘(1) is authorized by law to engage in or supervise the 
prevention, detection, investigation, or prosecution of, or 
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the incarceration of any person for, any violation of law, 
and has statutory powers of arrest; 
‘‘(2) is authorized by the agency to carry a firearm; 
‘‘(3) is not the subject of any disciplinary action by the 
agency; 
‘‘(4) meets standards, if any, established by the agency 
which require the employee to regularly qualify in the use 
of a firearm; 
‘‘(5) is not under the influence of alcohol or another in-
toxicating or hallucinatory drug or substance; and 
‘‘(6) is not prohibited by Federal law from receiving a 
firearm. 
‘‘(d) The identification required by this subsection is the 
photographic identification issued by the governmental agency 
for which the individual is employed as a law enforcement offi-
cer. 
‘‘(e) As used in this section, the term ‘firearm’ does not in-
clude— 
‘‘(1) any machinegun (as defined in section 5845 of the 
National Firearms Act); 
‘‘(2) any firearm silencer (as defined in section 581 of 
this title); and 
‘‘(3) any destructive device (as defined in section 581 of 
this title). 
‘‘§ 590. Carrying of concealed firearms by quali-
fied retired law enforcement officers 
‘‘(a) Notwithstanding any other provision of the law of any 
State or any political subdivision thereof, an individual who is 
a qualified retired law enforcement officer and who is carrying 
the identification required by subsection (d) may carry a con-
cealed firearm that has been shipped or transported in inter-
state or foreign commerce, subject to subsection (b). 
‘‘(b) This section shall not be construed to supersede or limit 
the laws of any State that— 
‘‘(1) permit private persons or entities to prohibit or re-
strict the possession of concealed firearms on their prop-
erty; or 
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‘‘(2) prohibit or restrict the possession of firearms on 
any State or local government property, installation, build-
ing, base, or park. 
‘‘(c) As used in this section, the term ‘qualified retired law 
enforcement officer’ means an individual who— 
‘‘(1) retired in good standing from service with a public 
agency as a law enforcement officer, other than for reasons 
of mental instability; 
‘‘(2) before such retirement, was authorized by law to 
engage in or supervise the prevention, detection, investiga-
tion, or prosecution of, or the incarceration of any person 
for, any violation of law, and had statutory powers of ar-
rest; 
‘‘(3)(A) before such retirement, was regularly employed 
as a law enforcement officer for an aggregate of 15 years 
or more; or 
‘‘(B) retired from service with such agency, after com-
pleting any applicable probationary period of such service, 
due to a service-connected disability, as determined by such 
agency; 
‘‘(4) has a nonforfeitable right to benefits under the re-
tirement plan of the agency; 
‘‘(5) during the most recent 12-month period, has met, 
at the expense of the individual, the State’s standards for 
training and qualification for active law enforcement offi-
cers to carry firearms; 
‘‘(6) is not under the influence of alcohol or another in-
toxicating or hallucinatory drug or substance; and 
‘‘(7) is not prohibited by Federal law from receiving a 
firearm. 
‘‘(d) The identification required by this subsection is— 
‘‘(1) a photographic identification issued by the agency 
from which the individual retired from service as a law en-
forcement officer that indicates that the individual has, not 
less recently than one year before the date the individual 
is carrying the concealed firearm, been tested or otherwise 
found by the agency to meet the standards established by 
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the agency for training and qualification for active law en-
forcement officers to carry a firearm of the same type as 
the concealed firearm; or 
‘‘(2)(A) a photographic identification issued by the agen-
cy from which the individual retired from service as a law 
enforcement officer; and 
‘‘(B) a certification issued by the State in which the indi-
vidual resides that indicates that the individual has, not 
less recently than one year before the date the individual 
is carrying the concealed firearm, been tested or otherwise 
found by the State to meet the standards established by the 
State for training and qualification for active law enforce-
ment officers to carry a firearm of the same type as the 
concealed firearm. 
‘‘(e) As used in this section, the term ‘firearm’ does not in-
clude— 
‘‘(1) any machinegun (as defined in section 5845 of the 
National Firearms Act); 
‘‘(2) any firearm silencer (as defined in section 581 of 
this title); and 
‘‘(3) a destructive device (as defined in section 581 of 
this title). 
‘‘§ 591. Effect on State law 
‘‘No provision of this subchapter shall be construed as indi-
cating an intent on the part of the Congress to occupy the field 
in which such provision operates to the exclusion of the law of 
any State on the same subject matter, unless there is a direct 
and positive conflict between such provision and the law of the 
State so that the two cannot be reconciled or consistently stand 
together. 
‘‘§ 592. Use of restricted ammunition 
‘‘(a)(1) Whoever, during and in relation to the commission 
of a crime of violence or drug trafficking crime (including a 
crime of violence or drug trafficking crime which provides for 
an enhanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which he may be prosecuted 
in a court of the United States, uses or carries a firearm and 
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is in possession of armor piercing ammunition capable of being 
fired in that firearm, shall, in addition to the punishment pro-
vided for the commission of such crime of violence or drug traf-
ficking crime be sentenced to a term of imprisonment for not 
less than five years. 
‘‘(2) For purposes of this subsection, the term ‘drug traf-
ficking crime’ means any felony punishable under the Con-
trolled Substances Act (21 U.S.C. 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. 951 et seq.), or 
the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
1901 et seq.). 
‘‘(b) Notwithstanding any other provision of law, the court 
shall not suspend the sentence of any person convicted of a vio-
lation of this section, nor place the person on probation, nor 
shall the terms of imprisonment run concurrently with any 
other terms of imprisonment, including that imposed for the 
crime in which the armor piercing ammunition was used or 
possessed. 
‘‘§ 593. Possession of firearms and dangerous 
weapons in Federal facilities 
‘‘(a) Except as provided in subsection (d), whoever knowingly 
possesses or causes to be present a firearm or other dangerous 
weapon in a Federal facility (other than a Federal court facil-
ity), or attempts to do so, shall be imprisoned not more than 
1 year. 
‘‘(b) Whoever, with intent that a firearm or other dangerous 
weapon be used in the commission of a crime, knowingly pos-
sesses or causes to be present such firearm or dangerous weap-
on in a Federal facility, or attempts to do so, shall be impris-
oned not more than 5 years. 
‘‘(c) A person who kills any person in the course of a viola-
tion of subsection (a) or (b), or in the course of an attack on 
a Federal facility involving the use of a firearm or other dan-
gerous weapon, or attempts or conspires to do such an act, 
shall be punished as provided in subchapter A of chapter 10. 
‘‘(d) Subsection (a) shall not apply to— 
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‘‘(1) the lawful performance of official duties by an offi-
cer, agent, or employee of the United States, a State, or 
a political subdivision thereof, who is authorized by law to 
engage in or supervise the prevention, detection, investiga-
tion, or prosecution of any violation of law; 
‘‘(2) the possession of a firearm or other dangerous 
weapon by a Federal official or a member of the Armed 
Forces if such possession is authorized by law; or 
‘‘(3) the lawful carrying of firearms or other dangerous 
weapons in a Federal facility incident to hunting or other 
lawful purposes. 
‘‘(e)(1) Except as provided in paragraph (2), whoever know-
ingly possesses or causes to be present a firearm in a Federal 
court facility, or attempts to do so, shall be imprisoned not 
more than 2 years. 
‘‘(2) Paragraph (1) shall not apply to conduct which is de-
scribed in paragraph (1) or (2) of subsection (d). 
‘‘(f) Nothing in this section limits the power of a court of 
the United States to punish for contempt or to promulgate 
rules or orders regulating, restricting, or prohibiting the posses-
sion of weapons within any building housing such court or any 
of its proceedings, or upon any grounds appurtenant to such 
building. 
‘‘(g) As used in this section: 
‘‘(1) The term ‘Federal facility’ means a building or part 
thereof owned or leased by the Federal Government, where 
Federal employees are regularly present for the purpose of 
performing their official duties. 
‘‘(2) The term ‘dangerous weapon’ means a weapon, de-
vice, instrument, material, or substance, animate or inani-
mate, that is used for, or is readily capable of, causing 
death or serious bodily injury, except that such term does 
not include a pocket knife with a blade of less than 2 1/ 
2 inches in length. 
‘‘(3) The term ‘Federal court facility’ means the court-
room, judges’ chambers, witness rooms, jury deliberation 
rooms, attorney conference rooms, prisoner holding cells, 
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offices of the court clerks, the United States attorney, and 
the United States marshal, probation and parole offices, 
and adjoining corridors of any court of the United States. 
‘‘(h) Notice of the provisions of subsections (a) and (b) shall 
be posted conspicuously at each public entrance to each Federal 
facility, and notice of subsection (e) shall be posted conspicu-
ously at each public entrance to each Federal court facility, and 
no person shall be convicted of an offense under subsection (a) 
or (e) with respect to a Federal facility if such notice is not 
so posted at such facility, unless such person had actual notice 
of subsection (a) or (e), as the case may be. 
‘‘§ 594. Prohibition on purchase, ownership, or 
possession of body armor by violent felons 
‘‘(a) IN GENERAL.—Except as provided in subsection (b), it 
shall be unlawful for a person to purchase, own, or possess 
body armor, if that person has been convicted of a felony that 
is— 
‘‘(1) a crime of violence; or 
‘‘(2) an offense under State law that would constitute a 
crime of violence under paragraph (1) if it occurred within 
the special maritime and territorial jurisdiction of the 
United States. 
‘‘(b) AFFIRMATIVE DEFENSE.— 
‘‘(1) IN GENERAL.—It shall be an affirmative defense 
under this section that— 
‘‘(A) the defendant obtained prior written certifi-
cation from his or her employer that the defendant’s 
purchase, use, or possession of body armor was nec-
essary for the safe performance of lawful business ac-
tivity; and 
‘‘(B) the use and possession by the defendant were 
limited to the course of such performance. 
‘‘(2) EMPLOYER.—In this subsection, the term ‘em-
ployer’ means any other individual employed by the defend-
ant’s business that supervises defendant’s activity. If that 
defendant has no supervisor, prior written certification is 
acceptable from any other employee of the business. 
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‘‘SUBCHAPTER C—EXPLOSIVES 
‘‘Sec. 
‘‘601.
Prohibited transactions involving nuclear materials. 
‘‘§ 601. Prohibited transactions involving nuclear 
materials 
‘‘(a) Whoever, if one of the circumstances described in sub-
section (c) of this section occurs— 
‘‘(1) without lawful authority, intentionally receives, pos-
sesses, uses, transfers, alters, disposes of, or disperses any 
nuclear material or nuclear byproduct material and— 
‘‘(A) thereby knowingly causes the death of or seri-
ous bodily injury to any person or substantial damage 
to property or to the environment; or 
‘‘(B) circumstances exist, or have been represented 
to the defendant to exist, that are likely to cause the 
death or serious bodily injury to any person, or sub-
stantial damage to property or to the environment; 
‘‘(2) with intent to deprive another of nuclear material 
or nuclear byproduct material, knowingly— 
‘‘(A) takes and carries away nuclear material or nu-
clear byproduct material of another without authority; 
‘‘(B) makes an unauthorized use, disposition, or 
transfer, of nuclear material or nuclear byproduct ma-
terial belonging to another; or 
‘‘(C) uses fraud and thereby obtains nuclear material 
or nuclear byproduct material belonging to another; 
‘‘(3) knowingly— 
‘‘(A) uses force; or 
‘‘(B) threatens or places another in fear that any 
person other than the actor will imminently be subject 
to bodily injury; 
and thereby takes nuclear material or nuclear byproduct 
material belonging to another from the person or presence 
of any other; 
‘‘(4) intentionally intimidates any person and thereby ob-
tains nuclear material or nuclear byproduct material be-
longing to another; 
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‘‘(5) with intent to compel any person, international or-
ganization, or governmental entity to do or refrain from 
doing any act, knowingly threatens to engage in conduct 
described in paragraph (2)(A) or (3) of this subsection; 
‘‘(6) knowingly threatens to use nuclear material or nu-
clear byproduct material to cause death or serious bodily 
injury to any person or substantial damage to property or 
to the environment under circumstances in which the threat 
may reasonably be understood as an expression of serious 
purposes; 
‘‘(7) attempts to commit an offense under paragraph (1), 
(2), (3), or (4) of this subsection; or 
‘‘(8) is a party to a conspiracy of two or more persons 
to commit an offense under paragraph (1), (2), (3), or (4) 
of this subsection, if any of the parties intentionally en-
gages in any conduct in furtherance of such offense; 
shall be punished as provided in subsection (b) of this section. 
‘‘(b) The punishment for an offense under— 
‘‘(1) paragraphs (1) through (7) of subsection (a) of this 
section is— 
‘‘(A) a fine under this title; and 
‘‘(B) imprisonment— 
‘‘(i) for any term of years or for life (I) if, while 
committing the offense, the offender knowingly 
causes the death of any person; or (II) if, while 
committing an offense under paragraph (1) or (3) 
of subsection (a) of this section, the offender, under 
circumstances manifesting extreme indifference to 
the life of an individual, knowingly engages in any 
conduct and thereby recklessly causes the death of 
or serious bodily injury to any person; and 
‘‘(ii) for not more than 20 years in any other 
case; and 
‘‘(2) paragraph (8) of subsection (a) of this section is— 
‘‘(A) a fine under this title; and 
‘‘(B) imprisonment— 
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‘‘(i) for not more than 20 years if the offense 
which is the object of the conspiracy is punishable 
under paragraph (1)(B)(i); and 
‘‘(ii) for not more than 10 years in any other 
case. 
‘‘(c) The circumstances referred to in subsection (a) of this 
section are that— 
‘‘(1) the offense is committed in the United States or the 
special maritime and territorial jurisdiction of the United 
States, or the special aircraft jurisdiction of the United 
States (as defined in section 46501 of title 49); 
‘‘(2) an offender or a victim is— 
‘‘(A) a national of the United States; or 
‘‘(B) a United States corporation or other legal enti-
ty; 
‘‘(3) after the conduct required for the offense occurs the 
defendant is found in the United States, even if the con-
duct required for the offense occurs outside the United 
States; 
‘‘(4) the conduct required for the offense occurs with re-
spect to the carriage of a consignment of nuclear material 
or nuclear byproduct material for peaceful purposes by any 
means of transportation intended to go beyond the territory 
of the state where the shipment originates beginning with 
the departure from a facility of the shipper in that state 
and ending with the arrival at a facility of the receiver 
within the state of ultimate destination and either of such 
states is the United States; or 
‘‘(5) either— 
‘‘(A) the governmental entity under subsection (a)(5) 
is the United States; or 
‘‘(B) the threat under subsection (a)(6) is directed at 
the United States. 
‘‘(d) The Attorney General may request assistance from the 
Secretary of Defense under chapter 18 of title 10 in the en-
forcement of this section and the Secretary of Defense may 
provide such assistance in accordance with chapter 18 of title 
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10, except that the Secretary of Defense may provide such as-
sistance through any Department of Defense personnel. 
‘‘(e)(1) The Attorney General may also request assistance 
from the Secretary of Defense under this subsection in the en-
forcement of this section. Notwithstanding section 1385 of this 
title, the Secretary of Defense may, in accordance with other 
applicable law, provide such assistance to the Attorney General 
if— 
‘‘(A) an emergency situation exists (as jointly determined 
by the Attorney General and the Secretary of Defense in 
their discretion); and 
‘‘(B) the provision of such assistance will not adversely 
affect the military preparedness of the United States (as 
determined by the Secretary of Defense in such Secretary’s 
discretion). 
‘‘(2) As used in this subsection, the term ‘emergency situa-
tion’ means a circumstance— 
‘‘(A) that poses a serious threat to the interests of the 
United States; and 
‘‘(B) in which— 
‘‘(i) enforcement of the law would be seriously im-
paired if the assistance were not provided; and 
‘‘(ii) civilian law enforcement personnel are not capa-
ble of enforcing the law. 
‘‘(3) Assistance under this section may include— 
‘‘(A) use of personnel of the Department of Defense to 
arrest persons and conduct searches and seizures with re-
spect to violations of this section; and 
‘‘(B) such other activity as is incidental to the enforce-
ment of this section, or to the protection of persons or 
property from conduct that violates this section. 
‘‘(4) The Secretary of Defense may require reimbursement 
as a condition of assistance under this section. 
‘‘(5) The Attorney General may delegate the Attorney Gen-
eral’s function under this subsection only to a Deputy, Asso-
ciate, or Assistant Attorney General. 
‘‘(f) As used in this section— 
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‘‘(1) the term ‘nuclear material’ means material con-
taining any— 
‘‘(A) plutonium; 
‘‘(B) uranium not in the form of ore or ore residue 
that contains the mixture of isotopes as occurring in 
nature; 
‘‘(C) enriched uranium, defined as uranium that con-
tains the isotope 233 or 235 or both in such amount 
that the abundance ratio of the sum of those isotopes 
to the isotope 238 is greater than the ratio of the iso-
tope 235 to the isotope 238 occurring in nature; or 
‘‘(D) uranium 233; 
‘‘(2) the term ‘nuclear byproduct material’ means any 
material containing any radioactive isotope created through 
an irradiation process in the operation of a nuclear reactor 
or accelerator; 
‘‘(3) the term ‘international organization’ means a public 
international organization designated as such pursuant to 
section 1 of the International Organizations Immunities 
Act (22 U.S.C. 288) or a public organization created pur-
suant to treaty or other agreement under international law 
as an instrument through or by which two or more foreign 
governments engage in some aspect of their conduct of 
international affairs; and 
‘‘(4) the term ‘United States corporation or other legal 
entity’ means any corporation or other entity organized 
under the laws of the United States or any State, Common-
wealth, territory, possession, or district of the United 
States. 
‘‘SUBCHAPTER 
D—IMPORTATION, 
MANUFACTURE, 
DISTRIBUTION, AND STORAGE OF EXPLOSIVE MA-
TERIALS 
‘‘Sec. 
‘‘611.
Definitions. 
‘‘612.
Unlawful acts. 
‘‘613.
Licenses and user permits. 
‘‘614.
Penalties. 
‘‘615.
Exceptions; relief from disabilities. 
‘‘616.
Additional powers of the Attorney General. 
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‘‘617.
Rules and regulations. 
‘‘618.
Effect on State law. 
‘‘§ 611. Definitions 
‘‘In this subchapter the following definitions apply: 
‘‘(1) The term ‘explosive materials’ means explosives, 
blasting agents, and detonators. 
‘‘(2) Except for the purposes of subsections (d), (e), (f), 
(g), (h), (i), and (j) of section 614, the term ‘explosives’ 
means any chemical compound mixture, or device, the pri-
mary or common purpose of which is to function by explo-
sion; the term includes, but is not limited to, dynamite and 
other high explosives, black powder, pellet powder, initi-
ating explosives, detonators, safety fuses, squibs, deto-
nating cord, igniter cord, and igniters. The Attorney Gen-
eral shall publish and revise at least annually in the Fed-
eral Register a list of these and any additional explosives 
which he determines to be within the coverage of this chap-
ter. For the purposes of subsections (d), (e), (f), (g), (h), 
and (i) of section 614, the term ‘explosive’ is defined in 
subsection (j) of such section 614. 
‘‘(3) The term ‘blasting agent’ means any material or 
mixture, consisting of fuel and oxidizer, intended for blast-
ing, not otherwise defined as an explosive: Provided, That 
the finished product, as mixed for use or shipment, cannot 
be detonated by means of a numbered 8 test blasting cap 
when unconfined. 
‘‘(4) The term ‘detonator’ means any device containing 
a detonating charge that is used for initiating detonation 
in an explosive; the term includes electric blasting caps of 
instantaneous and delay types, blasting caps for use with 
safety fuses and detonating-cord delay connectors. 
‘‘(5) The term ‘importer’ means any person engaged in 
the business of importing or bringing explosive materials 
into the United States for purposes of sale or distribution. 
‘‘(6) The term ‘manufacturer’ means any person engaged 
in the business of manufacturing explosive materials for 
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purposes of sale or distribution or for that person’s own 
use. 
‘‘(7) The term ‘dealer’ means any person engaged in the 
business of distributing explosive materials at wholesale or 
retail. 
‘‘(8) The term ‘permittee’ means any user of explosives 
for a lawful purpose, who has obtained either a user permit 
or a limited permit under the provisions of this chapter. 
‘‘(9) The term ‘Attorney General’ means the Attorney 
General of the United States. 
‘‘(10) The term ‘crime punishable by imprisonment for 
a term exceeding one year’ shall not mean (1) any Federal 
or State offenses pertaining to antitrust violations, unfair 
trade practices, restraints of trade, or other similar of-
fenses relating to the regulation of business practices as the 
Attorney General may by regulation designate, or (2) any 
State offense (other than one involving a firearm or explo-
sive) classified by the laws of the State as a misdemeanor 
and punishable by a term of imprisonment of two years or 
less. 
‘‘(11) The term ‘crime punishable by imprisonment for 
a term exceeding one year’ shall not mean (A) any Federal 
or State offenses pertaining to antitrust violations, unfair 
trade practices, restraints of trade, or other similar of-
fenses relating to the regulation of business practices as the 
Attorney General may by regulation designate, or (B) any 
State offense (other than one involving a firearm or explo-
sive) classified by the laws of the State as a misdemeanor 
and punishable by a term of imprisonment of two years or 
less. 
‘‘(12) The term ‘licensee’ means any importer, manufac-
turer, or dealer licensed under the provisions of this chap-
ter. 
‘‘(13) The term ‘distribute’ means sell, issue, give, trans-
fer, or otherwise dispose of. 
‘‘(14) The term ‘convention on the Marking of Plastic 
Explosives’ means the Convention on the Marking of Plas-
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tic Explosives for the Purpose of Detection, Done at Mon-
treal on 1 March 1991. 
‘‘(15) The term ‘detection agent’ means any one of the 
substances specified in this subsection when introduced into 
a plastic explosive or formulated in such explosive as a part 
of the manufacturing process in such a manner as to 
achieve homogeneous distribution in the finished explosive, 
including— 
‘‘(A) 
Ethylene 
glycol 
dinitrate 
(EGDN), 
C2H4(NO3)2, molecular weight 152, when the minimum 
concentration in the finished explosive is 0.2 percent by 
mass; 
‘‘(B) 2,3-Dimethyl-2,3-dinitrobutane (DMNB); 
‘‘(C) Para-Mononitrotoluene (p-MNT); C7H7NO2, 
molecular weight 137, when the minimum concentra-
tion in the finished explosive is 0.5 percent by mass; 
‘‘(D) Ortho-Mononitrotoluene (o-MNT), 
C7H7NO2, molecular weight 137, when the minimum con-
centration in the finished explosive is 0.5 percent by mass; 
and 
‘‘(E) any other substance in the concentration speci-
fied by the Attorney General, after consultation with 
the Secretary of State and the Secretary of Defense, 
that has been added to the table in part 2 of the Tech-
nical Annex to the Convention on the Marking of Plas-
tic Explosives. 
‘‘(16) The term ‘plastic explosive’ means an explosive 
material in flexible or elastic sheet form formulated with 
one or more high explosives which in their pure form has 
a vapor pressure less than 10-&lt;SUP&gt;4 Pa at a tem-
perature of 25/C., is formulated with a binder material, and 
is as a mixture malleable or flexible at normal room tem-
perature. 
‘‘(17) The term ‘alien’ means any person who is not a 
citizen or national of the United States. 
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‘‘(18) The term ‘responsible person’ means an individual 
who has the power to direct the management and policies 
of the applicant pertaining to explosive materials. 
‘‘§ 612. Unlawful acts 
‘‘(a) It shall be unlawful for any person— 
‘‘(1) to engage in the business of importing, manufac-
turing, or dealing in explosive materials without a license 
issued under this chapter; 
‘‘(2) knowingly to withhold information or to make any 
false or fictitious oral or written statement or to furnish or 
exhibit any false, fictitious, or misrepresented identifica-
tion, intended or likely to deceive for the purpose of obtain-
ing explosive materials, or a license, permit, exemption, or 
relief from disability under the provisions of this chapter; 
‘‘(3) other than a licensee or permittee knowingly— 
‘‘(A) to transport, ship, cause to be transported, or 
receive any explosive materials; or 
‘‘(B) to distribute explosive materials to any person 
other than a licensee or permittee; or 
‘‘(4) who is a holder of a limited permit— 
‘‘(A) to transport, ship, cause to be transported, or 
receive in interstate or foreign commerce any explosive 
materials; or 
‘‘(B) to receive explosive materials from a licensee or 
permittee, whose premises are located outside the State 
of residence of the limited permit holder, or on more 
than 6 separate occasions, during the period of the per-
mit, to receive explosive materials from 1 or more li-
censees or permittees whose premises are located within 
the State of residence of the limited permit holder. 
‘‘(b) It shall be unlawful for any licensee or permittee to 
knowingly distribute any explosive materials to any person 
other than— 
‘‘(1) a licensee; 
‘‘(2) a holder of a user permit; or 
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‘‘(3) a holder of a limited permit who is a resident of the 
State where distribution is made and in which the premises 
of the transferor are located. 
‘‘(c) It shall be unlawful for any licensee to distribute explo-
sive materials to any person who the licensee has reason to be-
lieve intends to transport such explosive materials into a State 
where the purchase, possession, or use of explosive materials is 
prohibited or which does not permit its residents to transport 
or ship explosive materials into it or to receive explosive mate-
rials in it. 
‘‘(d) It shall be unlawful for any person knowingly to dis-
tribute explosive materials to any individual who— 
‘‘(1) is under twenty-one years of age; 
‘‘(2) has been convicted in any court of a crime punish-
able by imprisonment for a term exceeding one year; 
‘‘(3) is under indictment for a crime punishable by im-
prisonment for a term exceeding one year; 
‘‘(4) is a fugitive from justice; 
‘‘(5) 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)); 
‘‘(6) has been adjudicated a mental defective or who has 
been committed to a mental institution; 
‘‘(7) is an alien, other than an alien who— 
‘‘(A) is lawfully admitted for permanent residence 
(as defined in section 101(a)(20) of the Immigration 
and Nationality Act); 
‘‘(B) is in lawful nonimmigrant status, is a refugee 
admitted under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157), or is in asylum status 
under section 208 of the Immigration and Nationality 
Act (8 U.S.C. 1158), and— 
‘‘(i) is a foreign law enforcement officer of a 
friendly foreign government, as determined by the 
Attorney General in consultation with the Secretary 
of State, entering the United States on official law 
enforcement business, and the shipping, trans-
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porting, possession, or receipt of explosive materials 
is in furtherance of this official law enforcement 
business; or 
‘‘(ii) is a person having the power to direct or 
cause the direction of the management and policies 
of a corporation, partnership, or association li-
censed pursuant to section 843(a), and the ship-
ping, transporting, possession, or receipt of explo-
sive materials is in furtherance of such power; 
‘‘(C) is a member of a North Atlantic Treaty Organi-
zation (NATO) or other friendly foreign military force, 
as determined by the Attorney General in consultation 
with the Secretary of Defense, who is present in the 
United States under military orders for training or 
other military purpose authorized by the United States 
and the shipping, transporting, possession, or receipt of 
explosive materials is in furtherance of the authorized 
military purpose; or 
‘‘(D) is lawfully present in the United States in co-
operation with the Director of Central Intelligence, and 
the shipment, transportation, receipt, or possession of 
the explosive materials is in furtherance of such co-
operation; 
‘‘(8) has been discharged from the armed forces under 
dishonorable conditions; or 
‘‘(9) having been a citizen of the United States, has re-
nounced the citizenship of that person. 
‘‘(e) It shall be unlawful for any licensee knowingly to dis-
tribute any explosive materials to any person in any State 
where the purchase, possession, or use by such person of such 
explosive materials would be in violation of any State law or 
any published ordinance applicable at the place of distribution. 
‘‘(f) It shall be unlawful for any licensee or permittee will-
fully to manufacture, import, purchase, distribute, or receive 
explosive materials without making such records as the Attor-
ney General may by regulation require, including, but not lim-
ited to, a statement of intended use, the name, date, place of 
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birth, social security number or taxpayer identification number, 
and place of residence of any natural person to whom explosive 
materials are distributed. If explosive materials are distributed 
to a corporation or other business entity, such records shall in-
clude the identity and principal and local places of business and 
the name, date, place of birth, and place of residence of the 
natural person acting as agent of the corporation or other busi-
ness entity in arranging the distribution. 
‘‘(g) It shall be unlawful for any licensee or permittee know-
ingly to make any false entry in any record which he is re-
quired to keep pursuant to this section or regulations promul-
gated under section 617. 
‘‘(h) It shall be unlawful for any person to receive, possess, 
transport, ship, conceal, store, barter, sell, dispose of, or pledge 
or accept as security for a loan, any stolen explosive materials 
which are moving as, which are part of, which constitute, or 
which have been shipped or transported in, interstate or foreign 
commerce, either before or after such materials were stolen, 
knowing or having reasonable cause to believe that the explo-
sive materials were stolen. 
‘‘(i) It shall be unlawful for any person— 
‘‘(1) who is under indictment for, or who has been con-
victed 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 is an alien, other than an alien who— 
‘‘(A) is lawfully admitted for permanent residence 
(as that term is defined in section 101(a)(20) of the 
Immigration and Nationality Act); 
‘‘(B) is in lawful nonimmigrant status, is a refugee 
admitted under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157), or is in asylum status 
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under section 208 of the Immigration and Nationality 
Act (8 U.S.C. 1158), and— 
‘‘(i) is a foreign law enforcement officer of a 
friendly foreign government, as determined by the 
Attorney General in consultation with the Secretary 
of State, entering the United States on official law 
enforcement business, and the shipping, trans-
porting, possession, or receipt of explosive materials 
is in furtherance of this official law enforcement 
business; or 
‘‘(ii) is a person having the power to direct or 
cause the direction of the management and policies 
of a corporation, partnership, or association li-
censed pursuant to section 843(a), and the ship-
ping, transporting, possession, or receipt of explo-
sive materials is in furtherance of such power; 
‘‘(C) is a member of a North Atlantic Treaty Organi-
zation (NATO) or other friendly foreign military force, 
as determined by the Attorney General in consultation 
with the Secretary of Defense, who is present in the 
United States under military orders for training or 
other military purpose authorized by the United States 
and the shipping, transporting, possession, or receipt of 
explosive materials is in furtherance of the authorized 
military purpose; or 
‘‘(D) is lawfully present in the United States in co-
operation with the Director of Central Intelligence, and 
the shipment, transportation, receipt, or possession of 
the explosive materials is in furtherance of such co-
operation; 
‘‘(6) who has been discharged from the armed forces 
under dishonorable conditions; or 
‘‘(7) who, having been a citizen of the United States, has 
renounced the citizenship of that person. 
‘‘(j) It shall be unlawful for any person to store any explosive 
material in a manner not in conformity with regulations pro-
mulgated by the Attorney General. In promulgating such regu-
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lations, the Attorney General shall take into consideration the 
class, type, and quantity of explosive materials to be stored, as 
well as the standards of safety and security recognized in the 
explosives industry. 
‘‘(k) It shall be unlawful for any person who has knowledge 
of the theft or loss of any explosive materials from his stock, 
to fail to report such theft or loss within twenty-four hours of 
discovery thereof, to the Attorney General and to appropriate 
local authorities. 
‘‘(l) It shall be unlawful for any person to manufacture any 
plastic explosive that does not contain a detection agent. 
‘‘(m)(1) It shall be unlawful for any person to import or 
bring into the United States, or export from the United States, 
any plastic explosive that does not contain a detection agent. 
‘‘(2) This subsection does not apply to the importation or 
bringing into the United States, or the exportation from the 
United States, of any plastic explosive that was imported or 
brought into, or manufactured in the United States prior to the 
date of enactment of this subsection by or on behalf of any 
agency of the United States performing military or police func-
tions (including any military reserve component) or by or on 
behalf of the National Guard of any State, not later than 15 
years after the date of entry into force of the Convention on 
the Marking of Plastic Explosives, with respect to the United 
States. 
‘‘(n)(1) It shall be unlawful for any person to ship, trans-
port, transfer, receive, or possess any plastic explosive that does 
not contain a detection agent. 
‘‘(2) This subsection does not apply to— 
‘‘(A) the shipment, transportation, transfer, receipt, or 
possession of any plastic explosive that was imported or 
brought into, or manufactured in the United States prior 
to the date of enactment of this subsection by any person 
during the period beginning on that date and ending 3 
years after that date of enactment; or 
‘‘(B) the shipment, transportation, transfer, receipt, or 
possession of any plastic explosive that was imported or 
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brought into, or manufactured in the United States prior 
to the date of enactment of this subsection by or on behalf 
of any agency of the United States performing a military 
or police function (including any military reserve compo-
nent) or by or on behalf of the National Guard of any 
State, not later than 15 years after the date of entry into 
force of the Convention on the Marking of Plastic Explo-
sives, with respect to the United States. 
‘‘(o) It shall be unlawful for any person, other than an agen-
cy of the United States (including any military reserve compo-
nent) or the National Guard of any State, possessing any plas-
tic explosive on the date of enactment of this subsection, to fail 
to report to the Attorney General within 120 days after such 
date of enactment the quantity of such explosives possessed, 
the manufacturer or importer, any marks of identification on 
such explosives, and such other information as the Attorney 
General may prescribe by regulation. 
‘‘(p) DISTRIBUTION OF INFORMATION RELATING TO EXPLO-
SIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DE-
STRUCTION.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘destructive device’ has the same 
meaning as in section 581; 
‘‘(B) the term ‘explosive’ has the same meaning as 
in section 614; and 
‘‘(C) the term ‘weapon of mass destruction’ has the 
same meaning as in section 271. 
‘‘(2) PROHIBITION.—It shall be unlawful for any per-
son— 
‘‘(A) to teach or demonstrate the making or use of 
an explosive, a destructive device, or a weapon of mass 
destruction, or to distribute by any means information 
pertaining to, in whole or in part, the manufacture or 
use of an explosive, destructive device, or weapon of 
mass destruction, with the intent that the teaching, 
demonstration, or information be used for, or in fur-
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258 
therance of, an activity that constitutes a Federal 
crime of violence; or 
‘‘(B) to teach or demonstrate to any person the mak-
ing or use of an explosive, a destructive device, or a 
weapon of mass destruction, or to distribute to any per-
son, by any means, information pertaining to, in whole 
or in part, the manufacture or use of an explosive, de-
structive device, or weapon of mass destruction, know-
ing that such person intends to use the teaching, dem-
onstration, or information for, or in furtherance of, an 
activity that constitutes a Federal crime of violence. 
‘‘§ 613. Licenses and user permits 
‘‘(a) An application for a user permit or limited permit or 
a license to import, manufacture, or deal in explosive materials 
shall be in such form and contain such information as the At-
torney General shall by regulation prescribe, including the 
names of and appropriate identifying information regarding all 
employees who will be authorized by the applicant to possess 
explosive materials, as well as fingerprints and a photograph of 
each responsible person. Each applicant for a license or permit 
shall pay a fee to be charged as set by the Attorney General, 
said fee not to exceed $50 for a limited permit and $200 for 
any other license or permit. Each license or user permit shall 
be valid for not longer than 3 years from the date of issuance 
and each limited permit shall be valid for not longer than 1 
year from the date of issuance. Each license or permit shall be 
renewable upon the same conditions and subject to the same 
restrictions as the original license or permit, and upon payment 
of a renewal fee not to exceed one-half of the original fee. 
‘‘(b) Upon the filing of a proper application and payment of 
the prescribed fee, and subject to the provisions of this chapter 
and other applicable laws, the Attorney General shall issue to 
such applicant the appropriate license or permit if— 
‘‘(1) the applicant (or, if the applicant is a corporation, 
partnership, or association, each responsible person with re-
spect to the applicant) is not a person described in section 
612(i); 
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‘‘(2) the applicant has not willfully violated any of the 
provisions of this chapter or regulations issued hereunder; 
‘‘(3) the applicant has in a State premises from which 
he conducts or intends to conduct business; 
‘‘(4)(A) the Secretary verifies by inspection or, if the ap-
plication is for an original limited permit or the first or sec-
ond renewal of such a permit, by such other means as the 
Attorney General determines appropriate, that the appli-
cant has a place of storage for explosive materials which 
meets such standards of public safety and security against 
theft as the Attorney General by regulations shall pre-
scribe; and 
‘‘(B) subparagraph (A) shall not apply to an applicant 
for the renewal of a limited permit if the Secretary has 
verified, by inspection within the preceding 3 years, the 
matters described in subparagraph (A) with respect to the 
applicant; 
‘‘(5) the applicant has demonstrated and certified in 
writing that he is familiar with all published State laws and 
local ordinances relating to explosive materials for the loca-
tion in which he intends to do business; 
‘‘(6) none of the employees of the applicant who will be 
authorized by the applicant to possess explosive materials 
is any person described in section 612(i); and 
‘‘(7) in the case of a limited permit, the applicant has 
certified in writing that the applicant will not receive explo-
sive materials on more than 6 separate occasions during 
the 12-month period for which the limited permit is valid. 
‘‘(c) The Attorney General shall approve or deny an applica-
tion within a period of 90 days for licenses and permits, begin-
ning on the date such application is received by the Attorney 
General. 
‘‘(d) The Attorney General may revoke any license or permit 
issued under this section if in the opinion of the Attorney Gen-
eral the holder thereof has violated any provision of this chap-
ter or any rule or regulation prescribed by the Attorney Gen-
eral under this chapter, or has become ineligible to acquire ex-
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260 
plosive materials under section 612(d). The Attorney General’s 
action under this subsection may be reviewed only as provided 
in subsection (e)(2) of this section. 
‘‘(e)(1) Any person whose application is denied or whose li-
cense or permit is revoked shall receive a written notice from 
the Attorney General stating the specific grounds upon which 
such denial or revocation is based. Any notice of a revocation 
of a license or permit shall be given to the holder of such li-
cense or permit prior to or concurrently with the effective date 
of the revocation. 
‘‘(2) If the Attorney General denies an application for, or re-
vokes a license, or permit, he shall, upon request by the ag-
grieved party, promptly hold a hearing to review his denial or 
revocation. In the case of a revocation, the Attorney General 
may upon a request of the holder stay the effective date of the 
revocation. A hearing under this section shall be at a location 
convenient to the aggrieved party. The Attorney General shall 
give written notice of his decision to the aggrieved party within 
a reasonable time after the hearing. The aggrieved party may, 
within sixty days after receipt of the Secretary’s written deci-
sion, file a petition with the United States court of appeals for 
the district in which he resides or has his principal place of 
business for a judicial review of such denial or revocation, pur-
suant to sections 701 through 706 of title 5. 
‘‘(f) Licensees and holders of user permits shall make avail-
able for inspection at all reasonable times their records kept 
pursuant to this chapter or the regulations issued hereunder, 
and licensees and permittees shall submit to the Attorney Gen-
eral such reports and information with respect to such records 
and the contents thereof as he shall by regulations prescribe. 
The Attorney General may enter during business hours the 
premises (including places of storage) of any licensee or holder 
of a user permit, for the purpose of inspecting or examining 
(1) any records or documents required to be kept by such li-
censee or permittee, under the provisions of this chapter or reg-
ulations issued hereunder, and (2) any explosive materials kept 
or stored by such licensee or permittee at such premises. Upon 
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the request of any State or any political subdivision thereof, the 
Attorney General may make available to such State or any po-
litical subdivision thereof, any information which he may obtain 
by reason of the provisions of this chapter with respect to the 
identification of persons within such State or political subdivi-
sion thereof, who have purchased or received explosive mate-
rials, together with a description of such explosive materials. 
The Attorney General may inspect the places of storage for ex-
plosive materials of an applicant for a limited permit or, at the 
time of renewal of such permit, a holder of a limited permit, 
only as provided in subsection (b)(4). 
‘‘(g) Licenses and user permits issued under the provisions 
of subsection (b) of this section shall be kept posted and kept 
available for inspection on the premises covered by the license 
and permit. 
‘‘(h)(1) If the Attorney General receives, from an employer, 
the name and other identifying information of a responsible 
person or an employee who will be authorized by the employer 
to possess explosive materials in the course of employment with 
the employer, the Secretary shall determine whether the re-
sponsible person or employee is one of the persons described in 
any paragraph of section 612(i). In making the determination, 
the Attorney General may take into account a letter or docu-
ment issued under paragraph (2). 
‘‘(2)(A) If the Attorney General determines that the respon-
sible person or the employee is not one of the persons described 
in any paragraph of section 612(i), the Attorney General shall 
notify the employer in writing or electronically of the deter-
mination and issue, to the responsible person or employee, a 
letter of clearance, which confirms the determination. 
‘‘(B) If the Attorney General determines that the responsible 
person or employee is one of the persons described in any para-
graph of section 612(i), the Attorney General shall notify the 
employer in writing or electronically of the determination and 
issue to the responsible person or the employee, as the case 
may be, a document that— 
‘‘(i) confirms the determination; 
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‘‘(ii) explains the grounds for the determination; 
‘‘(iii) provides information on how the disability may be 
relieved; and 
‘‘(iv) explains how the determination may be appealed. 
‘‘(i) FURNISHING OF SAMPLES.— 
‘‘(1) In general-Licensed manufacturers and licensed im-
porters and persons who manufacture or import explosive 
materials or ammonium nitrate shall, when required by let-
ter issued by the Secretary, furnish— 
‘‘(A) samples of such explosive materials or ammo-
nium nitrate; 
‘‘(B) information on chemical composition of those 
products; and 
‘‘(C) any other information that the Secretary deter-
mines is relevant to the identification of the explosive 
materials or to identification of the ammonium nitrate. 
‘‘(2) REIMBURSEMENT.—The Attorney General shall, by 
regulation, authorize reimbursement of the fair market 
value of samples furnished pursuant to this subsection, as 
well as the reasonable costs of shipment. 
‘‘§ 614. Penalties 
‘‘(a) Any person— 
‘‘(1) who violates any of subsections (a) through (i) or 
(l) through (o) of section 614 shall be imprisoned for not 
more than 10 years; and 
‘‘(2) violates subsection (p)(2) of section 612, shall be im-
prisoned not more than 20 years. 
‘‘(b) Any person who violates any other provision of section 
612 of this chapter shall be imprisoned not more than one year. 
‘‘(c)(1) Any explosive materials involved or used or intended 
to be used in any violation of the provisions of this chapter or 
any other rule or regulation promulgated thereunder or any 
violation of any criminal law of the United States shall be sub-
ject to seizure and forfeiture, and all provisions of the Internal 
Revenue Code of 1986 relating to the seizure, forfeiture, and 
disposition of firearms, as defined in section 5845(a) of that 
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Code, shall, so far as applicable, extend to seizures and forfeit-
ures under the provisions of this chapter. 
‘‘(2) Notwithstanding paragraph (1), in the case of the sei-
zure of any explosive materials for any offense for which the 
materials would be subject to forfeiture in which it would be 
impracticable or unsafe to remove the materials to a place of 
storage or would be unsafe to store them, the seizing officer 
may destroy the explosive materials forthwith. Any destruction 
under this paragraph shall be in the presence of at least 1 
credible witness. The seizing officer shall make a report of the 
seizure and take samples as the Attorney General may by regu-
lation prescribe. 
‘‘(3) Within 60 days after any destruction made pursuant to 
paragraph (2), the owner of (including any person having an 
interest in) the property so destroyed may make application to 
the Attorney General for reimbursement of the value of the 
property. If the claimant establishes to the satisfaction of the 
Attorney General that— 
‘‘(A) the property has not been used or involved in a vio-
lation of law; or 
‘‘(B) any unlawful involvement or use of the property 
was without the claimant’s knowledge, consent, or willful 
blindness, 
the Attorney General shall make an allowance to the claimant 
not exceeding the value of the property destroyed. 
‘‘(d) Whoever transports or receives, or attempts to transport 
or receive, in interstate or foreign commerce any explosive with 
the knowledge or intent that it will be used to kill, injure, or 
intimidate any individual or unlawfully to damage or destroy 
any building, vehicle, or other real or personal property, shall 
be imprisoned for not more than ten years; and if personal in-
jury results to any person, including any public safety officer 
performing duties as a direct or proximate result of conduct 
prohibited by this subsection, shall be imprisoned for not more 
than twenty years; and if death results to any person, including 
any public safety officer performing duties as a direct or proxi-
mate result of conduct prohibited by this subsection, shall be 
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subject to imprisonment for any term of years, or to the death 
penalty or to life imprisonment. 
‘‘(e) Whoever, through the use of the mail, telephone, tele-
graph, or other instrument of interstate or foreign commerce, 
or in or affecting interstate or foreign commerce, willfully 
makes any threat, or maliciously conveys false information 
knowing the same to be false, concerning an attempt or alleged 
attempt being made, or to be made, to kill, injure, or intimidate 
any individual or unlawfully to damage or destroy any building, 
vehicle, or other real or personal property by means of fire or 
an explosive shall be imprisoned for not more than 10 years. 
‘‘(f)(1) Whoever maliciously damages or destroys, or at-
tempts to damage or destroy, by means of fire or an explosive, 
any building, vehicle, or other personal or real property in 
whole or in part owned or possessed by, or leased to, the 
United States, or any department or agency thereof, or any in-
stitution or organization receiving Federal financial assistance, 
shall be imprisoned for not less than 5 years and not more than 
20 years. 
‘‘(2) Whoever engages in conduct prohibited by this sub-
section, and as a result of such conduct, directly or proximately 
causes personal injury or creates a substantial risk of injury to 
any person, including any public safety officer performing du-
ties, shall be imprisoned for not less than 7 years and not more 
than 40 years. 
‘‘(3) Whoever engages in conduct prohibited by this sub-
section, and as a result of such conduct directly or proximately 
causes the death of any person, including any public safety offi-
cer performing duties, shall be subject to the death penalty, or 
imprisoned for not less than 20 years or for life. 
‘‘(g)(1) Except as provided in paragraph (2), whoever pos-
sesses an explosive in an airport that is subject to the regu-
latory authority of the Federal Aviation Administration, or in 
any building in whole or in part owned, possessed, or used by, 
or leased to, the United States or any department or agency 
thereof, except with the written consent of the agency, depart-
ment, or other person responsible for the management of such 
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265 
building or airport, shall be imprisoned for not more than five 
years. 
‘‘(2) The provisions of this subsection shall not be applicable 
to— 
‘‘(A) the possession of ammunition (as that term is de-
fined in regulations issued pursuant to this chapter) in an 
airport that is subject to the regulatory authority of the 
Federal Aviation Administration if such ammunition is ei-
ther in checked baggage or in a closed container; or 
‘‘(B) the possession of an explosive in an airport if the 
packaging and transportation of such explosive is exempt 
from, or subject to and in accordance with, regulations of 
the Pipeline and Hazardous Materials Safety Administra-
tion for the handling of hazardous materials pursuant to 
chapter 51 of title 49. 
‘‘(h) Whoever— 
‘‘(1) uses fire or an explosive to commit any felony which 
may be prosecuted in a court of the United States, or 
‘‘(2) carries an explosive during the commission of any 
felony which may be prosecuted in a court of the United 
States, 
including a felony which provides for an enhanced punishment 
if committed by the use of a deadly or dangerous weapon or 
device shall, in addition to the punishment provided for such 
felony, be sentenced to imprisonment for 10 years. In the case 
of a second or subsequent conviction under this subsection, 
such person shall be sentenced to imprisonment for 20 years. 
Notwithstanding any other provision of law, the court shall not 
place on probation or suspend the sentence of any person con-
victed of a violation of this subsection, nor shall the term of 
imprisonment imposed under this subsection run concurrently 
with any other term of imprisonment including that imposed 
for the felony in which the explosive was used or carried. 
‘‘(i) Whoever maliciously damages or destroys, or attempts to 
damage or destroy, by means of fire or an explosive, any build-
ing, vehicle, or other real or personal property used in inter-
state or foreign commerce or in any activity affecting interstate 
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or foreign commerce shall be imprisoned for not less than 5 
years and not more than 20 years; and if personal injury re-
sults to any person, including any public safety officer per-
forming duties as a direct or proximate result of conduct pro-
hibited by this subsection, shall be imprisoned for not less than 
7 years and not more than 40 years; and if death results to 
any person, including any public safety officer performing du-
ties as a direct or proximate result of conduct prohibited by 
this subsection, shall also be subject to imprisonment for any 
term of years, or to the death penalty or to life imprisonment. 
‘‘(j) For the purposes of subsections (d), (e), (f), (g), (h), 
and (i) of this section and section 612(p)(2), the term ‘explo-
sive’ means gunpowders, powders used for blasting, all forms 
of high explosives, blasting materials, fuzes (other than electric 
circuit breakers), detonators, and other detonating agents, 
smokeless powders, other explosive or incendiary devices within 
the meaning of paragraph (5) of section 232 of this title, and 
any chemical compounds, mechanical mixture, or device that 
contains any oxidizing and combustible units, or other ingredi-
ents, in such proportions, quantities, or packing that ignition 
by fire, by friction, by concussion, by percussion, or by detona-
tion of the compound, mixture, or device or any part thereof 
may cause an explosion. 
‘‘(k) A person who steals any explosives materials which are 
moving as, or are a part of, or which have moved in, interstate 
or foreign commerce shall be imprisoned for not more than 10 
years. 
‘‘(l) A person who steals any explosive material from a li-
censed importer, licensed manufacturer, or licensed dealer, or 
from any permittee shall be imprisoned not more than 10 
years. 
‘‘(m) A person who conspires to commit an offense under 
subsection (h) shall be imprisoned for any term of years not 
exceeding 20. 
‘‘(n) Except as otherwise provided in this section, a person 
who conspires to commit any offense defined in this chapter 
shall be subject to the same penalties (other than the penalty 
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of death) as the penalties prescribed for the offense the com-
mission of which was the object of the conspiracy. 
‘‘(o) Whoever knowingly transfers any explosive materials, 
knowing or having reasonable cause to believe that such explo-
sive materials will be used to commit a crime of violence (as 
defined in section 584(c)(3)) or drug trafficking crime (as de-
fined in section 584(c)(2)) shall be subject to the same pen-
alties as may be imposed under subsection (h) for a first con-
viction for the use or carrying of an explosive material. 
‘‘(p) THEFT REPORTING REQUIREMENT.— 
‘‘(1) IN GENERAL.—A holder of a license or permit who 
knows that explosive materials have been stolen from that 
licensee or permittee, shall report the theft to the Attorney 
General not later than 24 hours after the discovery of the 
theft. 
‘‘(2) PENALTY.—A holder of a license or permit who 
does not report a theft in accordance with paragraph (1), 
shall be imprisoned not more than 5 years. 
‘‘§ 615. Exceptions; relief from disabilities 
‘‘(a) Except in the case of subsection (l), (m), (n), or (o) of 
section 612 and subsections (d), (e), (f), (g), (h), and (i) of sec-
tion 614 of this title, this chapter does not apply to— 
‘‘(1) any aspect of the transportation of explosive mate-
rials via railroad, water, highway, or air which are regu-
lated by the United States Department of Transportation 
and agencies thereof, and which pertain to safety; 
‘‘(2) the use of explosive materials in medicines and me-
dicinal agents in the forms prescribed by the official United 
States Pharmacopeia, or the National Formulary; 
‘‘(3) the transportation, shipment, receipt, or importa-
tion of explosive materials for delivery to any agency of the 
United States or to any State or political subdivision there-
of; 
‘‘(4) small arms ammunition and components thereof; 
‘‘(5) commercially manufactured black powder in quan-
tities not to exceed fifty pounds, percussion caps, safety 
and pyrotechnic fuses, quills, quick and slow matches, and 
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friction primers, intended to be used solely for sporting, 
recreational, or cultural purposes in antique firearms as de-
fined in section 581(a)(16) of title 18 of the United States 
Code, or in antique devices as exempted from the term ‘de-
structive device’ in section 581(a)(4) of title 18 of the 
United States Code; and 
‘‘(6) the manufacture under the regulation of the mili-
tary department of the United States of explosive materials 
for, or their distribution to or storage or possession by the 
military or naval services or other agencies of the United 
States; or to arsenals, navy yards, depots, or other estab-
lishments owned by, or operated by or on behalf of, the 
United States. 
‘‘(b)(1) A person who is prohibited from shipping, trans-
porting, receiving, or possessing any explosive under section 
612(i) may apply to the Attorney General for relief from such 
prohibition. 
‘‘(2) The Attorney General may grant the relief requested 
under paragraph (1) if the Attorney General determines that 
the circumstances regarding the applicability of section 612(i), 
and the applicant’s record and reputation, are such that the 
applicant will not be likely to act in a manner dangerous to 
public safety and that the granting of such relief is not con-
trary to the public interest. 
‘‘(3) A licensee or permittee who applies for relief, under this 
subsection, from the disabilities incurred under this chapter as 
a result of an indictment for or conviction of a crime punish-
able by imprisonment for a term exceeding 1 year shall not be 
barred by such disability from further operations under the li-
cense or permit pending final action on an application for relief 
filed pursuant to this section. 
‘‘(c) It is an affirmative defense against any proceeding in-
volving subsections (l) through (o) of section 612 if the pro-
ponent proves by a preponderance of the evidence that the plas-
tic explosive— 
‘‘(1) consisted of a small amount of plastic explosive in-
tended for and utilized solely in lawful— 
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‘‘(A) research, development, or testing of new or 
modified explosive materials; 
‘‘(B) training in explosives detection or development 
or testing of explosives detection equipment; or 
‘‘(C) forensic science purposes; or 
‘‘(2) was plastic explosive that, within 3 years after the 
date of enactment of the Antiterrorism and Effective Death 
Penalty Act of 1996, will be or is incorporated in a military 
device within the territory of the United States and re-
mains an integral part of such military device, or is in-
tended to be, or is incorporated in, and remains an integral 
part of a military device that is intended to become, or has 
become, the property of any agency of the United States 
performing military or police functions (including any mili-
tary reserve component) or the National Guard of any 
State, wherever such device is located. 
‘‘(3) For purposes of this subsection, the term ‘military 
device’ includes, shells, bombs, projectiles, mines, missiles, 
rockets, shaped charges, grenades, perforators, and similar 
devices lawfully manufactured exclusively for military or 
police purposes. 
‘‘§ 616. Additional powers of the Attorney General 
‘‘(a) The Attorney General is authorized to inspect the site 
of any accident, or fire, in which there is reason to believe that 
explosive materials were involved, in order that if any such inci-
dent has been brought about by accidental means, precautions 
may be taken to prevent similar accidents from occurring. In 
order to carry out the purpose of this subsection, the Attorney 
General is authorized to enter into or upon any property where 
explosive materials have been used, are suspected of having 
been used, or have been found in an otherwise unauthorized lo-
cation. Nothing in this chapter shall be construed as modifying 
or otherwise affecting in any way the investigative authority of 
any other Federal agency. In addition to any other investiga-
tory authority they have with respect to violations of provisions 
of this chapter, the Federal Bureau of Investigation, together 
with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
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shall have authority to conduct investigations with respect to 
violations of subsection (d), (e), (f), (g), (h), or (i) of section 
614. 
‘‘(b) The Attorney General is authorized to establish a na-
tional repository of information on incidents involving arson 
and the suspected criminal misuse of explosives. All Federal 
agencies having information concerning such incidents shall re-
port the information to the Attorney General pursuant to such 
regulations as deemed necessary to carry out the provisions of 
this subsection. The repository shall also contain information 
on incidents voluntarily reported to the Attorney General by 
State and local authorities. 
‘‘§ 617. Rules and regulations 
‘‘The administration of this subchapter shall be vested in the 
Attorney General. The Attorney General may prescribe such 
rules and regulations as he deems reasonably necessary to 
carry out the provisions of this chapter. The Attorney General 
shall give reasonable public notice, and afford to interested par-
ties opportunity for hearing, prior to prescribing such rules and 
regulations. 
‘‘§ 618. Effect on State law 
‘‘No provision of this subchapter shall be construed as indi-
cating an intent on the part of the Congress to occupy the field 
in which such provision operates to the exclusion of the law of 
any State on the same subject matter, unless there is a direct 
and positive conflict between such provision and the law of the 
State so that the two cannot be reconciled or consistently stand 
together. 
‘‘SUBCHAPTER E—BIOLOGICAL WEAPONS 
‘‘Sec. 
‘‘621.
Prohibitions with respect to biological weapons. 
‘‘622.
Requests for military assistance to enforce prohibition in certain 
emergencies. 
‘‘623.
Possession by restricted persons. 
‘‘624.
Variola virus. 
‘‘625.
Seizure, forfeiture, and destruction. 
‘‘626.
Injunctions. 
‘‘627.
Definitions. 
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‘‘§ 621. Prohibitions with respect to biological 
weapons 
‘‘(a) IN GENERAL.—Whoever knowingly develops, produces, 
stockpiles, transfers, acquires, retains, or possesses any biologi-
cal agent, toxin, or delivery system for use as a weapon, or 
knowingly assists a foreign state or any organization to do so, 
or attempts, threatens, or conspires to do the same, shall be 
imprisoned for life or any term of years. There is 
extraterritorial Federal jurisdiction over an offense under this 
section committed by or against a national of the United 
States. 
‘‘(b) ADDITIONAL OFFENSE.—Whoever knowingly possesses 
any biological agent, toxin, or delivery system of a type or in 
a quantity that, under the circumstances, is not reasonably jus-
tified by a prophylactic, protective, bona fide research, or other 
peaceful purpose, shall be imprisoned not more than 10 years. 
In this subsection, the terms ‘biological agent’ and ‘toxin’ do 
not encompass any biological agent or toxin that is in its natu-
rally occurring environment, if the biological agent or toxin has 
not been cultivated, collected, or otherwise extracted from its 
natural source. 
‘‘(c) DEFINITION.—For purposes of this section, the term 
‘for use as a weapon’ includes the development, production, 
transfer, acquisition, retention, or possession of any biological 
agent, toxin, or delivery system for other than prophylactic, 
protective, bona fide research, or other peaceful purposes. 
‘‘§ 622. Requests for military assistance to enforce 
prohibition in certain emergencies 
‘‘The Attorney General may request the Secretary of Defense 
to provide assistance under section 382 of title 10 in support 
of Department of Justice activities relating to the enforcement 
of section 621 in an emergency situation involving a biological 
weapon of mass destruction. The authority to make such a re-
quest may be exercised by another official of the Department 
of Justice in accordance with section 382(f)(2) of title 10. 
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‘‘§ 623. Possession by restricted persons 
‘‘(a) IN GENERAL.—(1) No restricted person shall ship or 
transport in or affecting interstate or foreign commerce, or pos-
sess in or affecting interstate or foreign commerce, any biologi-
cal agent or toxin, or receive any biological agent or toxin that 
has been shipped or transported in interstate or foreign com-
merce, if the biological agent or toxin is listed as a select agent 
in Appendix A of part 72 of title 42, Code of Federal Regula-
tions, pursuant to section 351A of the Public Health Service 
Act, and is not exempted under subsection (h) of section 72.6, 
or Appendix A of part 72, of title 42, Code of Federal Regula-
tions. 
‘‘(2) Whoever knowingly violates this section shall be impris-
oned not more than 10 years, but the prohibition contained in 
this section shall not apply with respect to any duly authorized 
United States governmental activity. 
‘‘(b) TRANSFER TO UNREGISTERED PERSON.— 
‘‘(1) SELECT AGENTS.—Whoever transfers a select agent 
to a person who the transferor knows or has reasonable 
cause to believe is not registered as required by regulations 
under subsection (b) or (c) of section 351A of the Public 
Health Service Act shall be imprisoned for not more than 
5 years. 
‘‘(2) CERTAIN OTHER BIOLOGICAL AGENTS AND TOX-
INS.—Whoever transfers a biological agent or toxin listed 
pursuant to section 212(a)(1) of the Agricultural Bioter-
rorism Protection Act of 2002 to a person who the trans-
feror knows or has reasonable cause to believe is not reg-
istered as required by regulations under subsection (b) or 
(c) of section 212 of such Act shall be imprisoned for not 
more than 5 years. 
‘‘(c) UNREGISTERED FOR POSSESSION.— 
‘‘(1) SELECT AGENTS.—Whoever knowingly possesses a 
biological agent or toxin where such agent or toxin is a se-
lect agent for which such person has not obtained a reg-
istration required by regulations under section 351A(c) of 
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the Public Health Service Act shall be or imprisoned for 
not more than 5 years. 
‘‘(2) CERTAIN OTHER BIOLOGICAL AGENTS AND TOX-
INS.—Whoever knowingly possesses a biological agent or 
toxin where such agent or toxin is a biological agent or 
toxin listed pursuant to section 212(a)(1) of the Agricul-
tural Bioterrorism Protection Act of 2002 for which such 
person has not obtained a registration required by regula-
tions under section 212(c) of such Act shall be imprisoned 
for not more than 5 years. 
‘‘(d) DEFINITIONS.—As used in this section: 
‘‘(1) The term ‘select agent’ means a biological agent or 
toxin to which subsection (a) applies. Such term (including 
for purposes of subsection (a)) does not include any such 
biological agent or toxin that is in its naturally-occurring 
environment, if the biological agent or toxin has not been 
cultivated, collected, or otherwise extracted from its natural 
source. 
‘‘(2) The term ‘restricted person’ means an individual 
who— 
‘‘(A) is under indictment for a crime punishable by 
imprisonment for a term exceeding 1 year; 
‘‘(B) has been convicted in any court of a crime pun-
ishable by imprisonment for a term exceeding 1 year; 
‘‘(C) is a fugitive from justice; 
‘‘(D) is an unlawful user of any controlled substance 
(as defined in section 102 of the Controlled Substances 
Act (21 U.S.C. 802)); 
‘‘(E) is an alien illegally or unlawfully in the United 
States; 
‘‘(F) has been adjudicated as a mental defective or 
has been committed to any mental institution; 
‘‘(G)(i) is an alien (other than an alien lawfully ad-
mitted for permanent residence) who is a national of a 
country as to which the Secretary of State, pursuant 
to section 6(j) of the Export Administration Act of 
1979 (50 U.S.C. App. 2405(j)), section 620A of chap-
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ter 1 of part M of the Foreign Assistance Act of 1961 
(22 U.S.C. 2371), or section 40(d) of chapter 3 of the 
Arms Export Control Act (22 U.S.C. 2780(d)), has 
made a determination (that remains in effect) that 
such country has repeatedly provided support for acts 
of international terrorism, or (ii) acts for or on behalf 
of, or operates subject to the direction or control of, a 
government or official of a country described in this 
subparagraph; 
‘‘(H) has been discharged from the Armed Services 
of the United States under dishonorable conditions; or 
‘‘(I) is a member of, acts for or on behalf of, or oper-
ates subject to the direction or control of, a terrorist 
organization as defined in section 212(a)(3)(B)(vi) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(vi)). 
‘‘(3) 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)). 
‘‘(4) The term ‘lawfully admitted for permanent resi-
dence’ has the same meaning as in section 101(a)(20) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(20)). 
‘‘§ 624. Variola virus 
‘‘(a) UNLAWFUL CONDUCT.— 
‘‘(1) IN
GENERAL.—Except as provided in paragraph 
(2), it shall be unlawful for any person to knowingly 
produce, engineer, synthesize, acquire, transfer directly or 
indirectly, receive, possess, import, export, or use, or pos-
sess and threaten to use, variola virus. 
‘‘(2) EXCEPTION.—This subsection does not apply to 
conduct by, or under the authority of, the Secretary of 
Health and Human Services. 
‘‘(b) JURISDICTION.—Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if— 
‘‘(1) the offense occurs in or affects interstate or foreign 
commerce; 
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‘‘(2) the offense occurs outside of the United States and 
is committed by a national of the United States; 
‘‘(3) the offense is committed against a national of the 
United States while the national is outside the United 
States; 
‘‘(4) the offense is committed against any property that 
is owned, leased, or used by the United States or by any 
department or agency of the United States, whether the 
property is within or outside the United States; or 
‘‘(5) an offender aids or abets any person over whom ju-
risdiction exists under this subsection in committing an of-
fense under this section or conspires with any person over 
whom jurisdiction exists under this subsection to commit 
an offense under this section. 
‘‘(c) CRIMINAL PENALTIES.— 
‘‘(1) IN
GENERAL.—Any person who violates, or at-
tempts or conspires to violate, subsection (a) shall be sen-
tenced to a term of imprisonment not less than 25 years 
or to imprisonment for life. 
‘‘(2) OTHER CIRCUMSTANCES.—Any person who, in the 
course of a violation of subsection (a), uses, attempts or 
conspires to use, or possesses and threatens to use, any 
item or items described in subsection (a), shall be impris-
oned for not less than 30 years or imprisoned for life. 
‘‘(3) SPECIAL CIRCUMSTANCES.—If the death of another 
results from a person’s violation of subsection (a), the per-
son shall be punished by imprisonment for life. 
‘‘(d) DEFINITION.—As used in this section, the term ‘variola 
virus’ means a virus that can cause human smallpox or any de-
rivative of the variola major virus that contains more than 85 
percent of the gene sequence of the variola major virus or the 
variola minor virus. 
‘‘§ 625. Seizure, forfeiture, and destruction 
‘‘(a) IN GENERAL.—(1) Except as provided in paragraph 
(2), the Attorney General may request the issuance, in the 
same manner as provided for a search warrant, of a warrant 
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authorizing the seizure of any biological agent, toxin, or deliv-
ery system that— 
‘‘(A) pertains to conduct prohibited under section 621; or 
‘‘(B) is of a type or in a quantity that under the cir-
cumstances has no apparent justification for prophylactic, 
protective, or other peaceful purposes. 
‘‘(2) In exigent circumstances, seizure and destruction of any 
biological agent, toxin, or delivery system described in subpara-
graphs (A) and (B) of paragraph (1) may be made upon prob-
able cause without the necessity for a warrant. 
‘‘(b) PROCEDURE.—Property seized pursuant to subsection 
(a) shall be forfeited to the United States after notice to poten-
tial claimants and an opportunity for a hearing. At such hear-
ing, the Government shall bear the burden of persuasion by a 
preponderance of the evidence. Except as inconsistent herewith, 
the same procedures and provisions of law relating to a for-
feiture under the customs laws shall extend to a seizure or for-
feiture under this section. The Attorney General may provide 
for the destruction or other appropriate disposition of any bio-
logical agent, toxin, or delivery system seized and forfeited pur-
suant to this section. 
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
against a forfeiture under subsection (a)(1)(B) of this section 
that— 
‘‘(1) such biological agent, toxin, or delivery system is for 
a prophylactic, protective, or other peaceful purpose; and 
‘‘(2) such biological agent, toxin, or delivery system, is 
of a type and quantity reasonable for that purpose. 
‘‘§ 626. Injunctions 
‘‘(a) IN GENERAL.—The United States may obtain in a civil 
action an injunction against— 
‘‘(1) the conduct prohibited under section 621 of this 
title; 
‘‘(2) the preparation, solicitation, attempt, threat, or 
conspiracy to engage in conduct prohibited under section 
621; or 
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‘‘(3) the development, production, stockpiling, transfer-
ring, acquisition, retention, or possession, or the attempted 
development, production, stockpiling, transferring, acquisi-
tion, retention, or possession of any biological agent, toxin, 
or delivery system of a type or in a quantity that under the 
circumstances has no apparent justification for prophy-
lactic, protective, or other peaceful purposes. 
‘‘(b) AFFIRMATIVE DEFENSE.—It is an affirmative defense 
against an injunction under subsection (a)(3) of this section 
that— 
‘‘(1) the conduct sought to be enjoined is for a prophy-
lactic, protective, or other peaceful purpose; and 
‘‘(2) such biological agent, toxin, or delivery system is of 
a type and quantity reasonable for that purpose. 
‘‘§ 627. Definitions 
‘‘As used in this chapter— 
‘‘(1) the term ‘biological agent’ means any microorga-
nism (including bacteria, viruses, fungi, rickettsiae or pro-
tozoa), or infectious substance, or any naturally occurring, 
bioengineered or synthesized component of any such micro-
organism or infectious substance, capable of causing— 
‘‘(A) death, disease, or other biological malfunction 
in a human, an animal, a plant, or another living orga-
nism; 
‘‘(B) deterioration of food, water, equipment, sup-
plies, or material of any kind; or 
‘‘(C) deleterious alteration of the environment; 
‘‘(2) the term ‘toxin’ means the toxic material or product 
of plants, animals, microorganisms (including bacteria, vi-
ruses, fungi, rickettsiae or protozoa), or infectious sub-
stances, or a recombinant or synthesized molecule, what-
ever their origin and method of production, and includes— 
‘‘(A) any poisonous substance or biological product 
that may be engineered as a result of biotechnology 
produced by a living organism; or 
‘‘(B) any poisonous isomer or biological product, 
homolog, or derivative of such a substance; 
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‘‘(3) the term ‘delivery system’ means— 
‘‘(A) any apparatus, equipment, device, or means of 
delivery specifically designed to deliver or disseminate 
a biological agent, toxin, or vector; or 
‘‘(B) any vector; and 
‘‘(4) the term ‘vector’ means a living organism, or mol-
ecule, including a recombinant or synthesized molecule, ca-
pable of carrying a biological agent or toxin to a host. 
‘‘SUBCHAPTER F—CHEMICAL WEAPONS 
‘‘Sec. 
‘‘631.
Prohibited activities. 
‘‘632.
Penalties. 
‘‘633.
Individual self-defense devices. 
‘‘634.
Injunctions. 
‘‘635.
Requests for military assistance to enforce prohibition in certain 
emergencies. 
‘‘636.
Definitions. 
‘‘§ 631. Prohibited activities 
‘‘(a) UNLAWFUL CONDUCT.—Except as provided in sub-
section (b), it shall be unlawful for any person knowingly— 
‘‘(1) to develop, produce, otherwise acquire, transfer di-
rectly or indirectly, receive, stockpile, retain, own, possess, 
or use, or threaten to use, any chemical weapon; or 
‘‘(2) to assist or induce, in any way, any person to vio-
late paragraph (1), or to attempt or conspire to violate 
paragraph (1). 
‘‘(b) EXEMPTED AGENCIES AND PERSONS.— 
‘‘(1) IN GENERAL.—Subsection (a) does not apply to the 
retention, ownership, possession, transfer, or receipt of a 
chemical weapon by a department, agency, or other entity 
of the United States, or by a person described in paragraph 
(2), pending destruction of the weapon. 
‘‘(2) EXEMPTED
PERSONS.—A person referred to in 
paragraph (1) is— 
‘‘(A) any person, including a member of the Armed 
Forces of the United States, who is authorized by law 
or by an appropriate officer of the United States to re-
tain, own, possess, transfer, or receive the chemical 
weapon; or 
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