369 
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 enforce-
ment agency of the local jurisdiction shall certify to 
the Attorney General of the United States that no 
disclosure contrary to this subparagraph has been 
made and that all forms and any record of the con-
tents thereof have been destroyed as provided in this 
subparagraph. 
‘‘(4) Where a firearms or ammunition business 
is discontinued and succeeded by a new licensee, the 
records required to be kept by this chapter shall ap-
propriately reflect such facts and shall be delivered 
to the successor. Where discontinuance of the busi-
ness 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 Attorney General 
may arrange for the delivery of such records to such 
other responsible authority. 
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370 
‘‘(5)(A) Each licensee shall, when required by 
letter issued by the Attorney General, and until noti-
fied to the contrary in writing by the Attorney Gen-
eral, 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 informa-
tion as the Attorney General in such letter may 
specify. 
‘‘(B) The Attorney General may authorize such 
record information to be submitted in a manner 
other than that prescribed in subparagraph (A) of 
this paragraph when it is shown by a licensee that 
an alternate method of reporting is reasonably nec-
essary and will not unduly hinder the effective ad-
ministration of this subchapter. A licensee may use 
an alternate method of reporting if the licensee de-
scribes the proposed alternate method of reporting 
and the need therefor in a letter application sub-
mitted to the Attorney General, and the Attorney 
General approves such alternate method of report-
ing. 
‘‘(6) Each licensee shall report the theft or loss 
of a firearm from the licensee’s inventory or collec-
tion, within 48 hours after the theft or loss is discov-
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371 
ered, 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 re-
ceipt of, a request by the Attorney General for infor-
mation contained in the records required to be kept 
by this chapter as may be required for determining 
the disposition of 1 or more firearms in the course 
of a bona fide criminal investigation. The requested 
information shall be provided orally or in writing, as 
the Attorney General may require. The Attorney 
General shall implement a system whereby the li-
censee can positively identify and establish that an 
individual requesting information via telephone is 
employed by and authorized by the agency to re-
quest such information. 
‘‘(h) POSTING.—Licenses issued under subsection (c) 
of this section shall be kept posted and kept available for 
inspection on the premises covered by the license. 
‘‘(i) SERIAL NUMBERS.—Licensed importers and li-
censed manufacturers shall identify by means of a serial 
number engraved or cast on the receiver or frame of the 
weapon, in such manner as the Attorney General shall by 
regulations prescribe, each firearm imported or manufac-
tured by such importer or manufacturer. 
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372 
‘‘(j) TEMPORARY LOCATIONS.—A licensed importer, 
licensed manufacturer, or licensed dealer may, under rules 
or regulations prescribed by the Attorney General, conduct 
business temporarily at a location other than the location 
specified on the license if such temporary location is the 
location for a gun show or event sponsored by any na-
tional, State, or local organization, or any affiliate of any 
such organization devoted to the collection, competitive 
use, or other sporting use of firearms in the community, 
and such location is in the State which is specified on the 
license. Records of receipt and disposition of firearms 
transactions conducted at such temporary location shall 
include the location of the sale or other disposition and 
shall be entered in the permanent records of the licensee 
and retained on the location specified on the license. Noth-
ing in this subsection shall authorize any licensee to con-
duct business in or from any motorized or towed vehicle. 
Notwithstanding subsection (a) of this section, a separate 
fee shall not be required of a licensee with respect to busi-
ness conducted under this subsection. Any inspection or 
examination of inventory or records under this chapter by 
the Attorney General at such temporary location shall be 
limited to inventory consisting of, or records relating to, 
firearms held or disposed at such temporary location. 
Nothing in this subsection shall be construed to authorize 
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373 
the Attorney General to inspect or examine the inventory 
or records of a licensed importer, licensed manufacturer, 
or licensed dealer at any location other than the location 
specified on the license. Nothing in this subsection shall 
be construed to diminish in any manner any right to dis-
play, sell, or otherwise dispose of firearms or ammunition, 
which is in effect before the date of the enactment of the 
Firearms Owners’ Protection Act, including the right of 
a licensee to conduct ‘curios or relics’ firearms transfers 
and business away from their business premises with an-
other 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) MARKING OF ARMOR PIERCING PROJECTILES 
AND PACKAGES.—Licensed importers and licensed manu-
facturers 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 projec-
tiles are considered armor piercing ammunition. 
‘‘(l) NOTIFICATION.—The Attorney General shall no-
tify the chief law enforcement officer in the appropriate 
State and local jurisdictions of the names and addresses 
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374 
of all persons in the State to whom a firearms license is 
issued. 
‘‘§ 584. Penalties 
‘‘(a) IN GENERAL.— 
‘‘(1) Except as otherwise provided in this sub-
section, subsection (b), (c), (f), or (p) of this section, 
or in section 592, whoever— 
‘‘(A) knowingly makes any false statement 
or representation with respect to the informa-
tion required by this chapter to be kept in the 
records of a person licensed under this chapter 
or in applying for any license or exemption or 
relief from disability under this chapter; 
‘‘(B) knowingly violates subsection (a)(4), 
(f), (k), or (q) of section 582; 
‘‘(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 provi-
sion of this subchapter, 
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. 
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375 
‘‘(3) Any licensed dealer, licensed importer, li-
censed manufacturer, or licensed collector who know-
ingly— 
‘‘(A) makes any false statement or rep-
resentation with respect to the information re-
quired by 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. Notwith-
standing any other provision of law, the term of im-
prisonment imposed under this paragraph shall not 
run concurrently with any other term of imprison-
ment imposed under any other provision of law. Ex-
cept for the authorization of a term of imprisonment 
of not more than 5 years made in this paragraph, 
for the purpose of any other law a violation of sec-
tion 582(q) shall be deemed to be a misdemeanor. 
‘‘(5) Whoever knowingly violates subsection (s) 
or (t) of section 582 shall be imprisoned for not 
more than 1 year. 
‘‘(6)(A)(i) A juvenile who violates section 582(x) shall 
be imprisoned not more than 1 year, except that a juvenile 
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376 
described in clause (ii) shall be sentenced to probation on 
appropriate conditions and shall not be incarcerated un-
less the juvenile fails to comply with a condition of proba-
tion. 
‘‘(ii) A juvenile is described in this clause if— 
‘‘(I) the offense of which the juvenile is charged 
is possession of a handgun or ammunition in viola-
tion of section 582(x)(2); and 
‘‘(II) the juvenile has not been convicted in any 
court of an offense (including an offense under sec-
tion 582(x) or a similar State law, but not including 
any other offense consisting of conduct that if en-
gaged in by an adult would not constitute an of-
fense) or adjudicated as a juvenile delinquent 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 
transferred a handgun or ammunition to a juvenile 
knowing or having reasonable cause to know that 
the juvenile intended to carry or otherwise possess 
or discharge or otherwise use the handgun or ammu-
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377 
nition in the commission of a crime of violence, shall 
be imprisoned not more than 10 years. 
‘‘(7) Whoever knowingly violates section 594 shall be 
imprisoned not more than 3 years. 
‘‘(b) TRANSPORT WITH INTENT.—Whoever, with in-
tent to commit therewith an offense punishable by impris-
onment 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) MINIMUM MANDATORY PENALTIES.— 
‘‘(1)(A) Except to the extent that a greater 
minimum sentence is otherwise provided by this sub-
section or by any other provision of law, whoever, 
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 dangerous weapon or device) for which the 
person may be prosecuted in a court of the United 
States, uses or carries a firearm, or who, in further-
ance of any such crime, possesses a firearm, shall, 
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378 
in addition to the punishment provided for such 
crime of violence or drug trafficking crime— 
‘‘(i) be sentenced to a term of imprison-
ment of not less than 5 years; 
‘‘(ii) if the firearm is brandished, be sen-
tenced to a term of imprisonment of not less 
than 7 years; and 
‘‘(iii) if the firearm is discharged, be sen-
tenced to a term of imprisonment of not less 
than 10 years. 
‘‘(B) If the firearm possessed by a person con-
victed of a violation of this subsection— 
‘‘(i) is a short-barreled rifle, short-barreled 
shotgun, or semiautomatic assault weapon, the 
person shall be sentenced to a term of imprison-
ment of not less than 10 years; or 
‘‘(ii) is a machinegun or a destructive de-
vice, 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 
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379 
‘‘(ii) if the firearm involved is a machinegun or 
a destructive device, or is equipped with a firearm 
silencer or firearm muffler, be sentenced to impris-
onment for life. 
‘‘(D) Notwithstanding any other provision of law— 
‘‘(i) a court shall not place on probation any 
person convicted of a violation of this subsection; 
and 
‘‘(ii) no term of imprisonment imposed on a 
person under this subsection shall run concurrently 
with any other term of imprisonment imposed on the 
person, including any term of imprisonment imposed 
for the crime of violence or drug trafficking crime 
during which the firearm was used, carried, or pos-
sessed. 
‘‘(2) For purposes of this subsection, the term ‘drug 
trafficking crime’ means any felony punishable under 
chapter 17 of this title or chapter 705 of title 46. 
‘‘(3) For purposes of this subsection the term ‘crime 
of violence’ means an offense that is a felony and— 
‘‘(A) has as an element the use, attempted use, 
or threatened use of physical force against the per-
son or property of another, or 
‘‘(B) that by its nature, involves a substantial 
risk that physical force against the person or prop-
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380 
erty of another may be used in the course of com-
mitting the offense. 
‘‘(4) For purposes of this subsection, the term ‘bran-
dish’ means, with respect to a firearm, to display all or 
part of the firearm, or otherwise make the presence of the 
firearm known to another person, in order to intimidate 
that person, regardless of whether the firearm is directly 
visible to that person. 
‘‘(5) Except to the extent that a greater minimum 
sentence is otherwise provided under this subsection, or 
by any other provision of law, whoever, during and in rela-
tion to any crime of violence or drug trafficking crime (in-
cluding a crime of violence or drug trafficking crime that 
provides for an enhanced punishment if committed by the 
use of a deadly or dangerous weapon or device) for which 
the person may be prosecuted in a court of the United 
States, uses or carries armor piercing ammunition, or 
who, in furtherance of any such crime, possesses armor 
piercing ammunition, shall, in addition to the punishment 
provided for such crime of violence or drug trafficking 
crime or conviction under this section— 
‘‘(A) be sentenced to a term of imprisonment of 
not less than 15 years; and 
‘‘(B) if death results from the use of such am-
munition be punished as provided in section 101. 
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381 
‘‘(d) FORFEITURE.—(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 bringing into the United States 
or any possession thereof any firearm or ammunition in 
violation of section 582(l), or knowing violation of section 
584, or willful violation of any other provision of this sub-
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 
convincing evidence, shall be subject to seizure and for-
feiture, and all provisions of the Internal Revenue Code 
of 1986 relating to the seizure, forfeiture, and disposition 
of firearms, as defined in section 5845(a) of that Code, 
shall, so far as applicable, extend to seizures and forfeit-
ures under this subchapter, but upon acquittal of the 
owner or possessor, or dismissal of the charges against 
that defendant other than upon motion of the Government 
prior to trial, or lapse of or court termination of the re-
straining order to which he is subject, the seized or relin-
quished firearms or ammunition shall be returned forth-
with to the owner or possessor or to a person delegated 
by the owner or possessor unless the return of the firearms 
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382 
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 com-
menced within one hundred and twenty days of such sei-
zure. 
‘‘(2)(A) In any action or proceeding for the return 
of firearms or ammunition seized under this chapter, the 
court shall allow the prevailing party, other than the 
United States, a reasonable attorney’s fee, and the United 
States shall be liable therefor. 
‘‘(B) In any other action or proceeding under this 
chapter, the court, when it finds that such action was 
without foundation, or was initiated vexatiously, frivo-
lously, or in bad faith, shall allow the prevailing party, 
other than the United States, a reasonable attorney’s fee, 
and the United States shall be liable therefor. 
‘‘(C) Only those firearms or quantities of ammunition 
particularly named and individually identified as involved 
in or used in any violation of this subchapter or any rule 
or regulation issued thereunder, or any other criminal law 
of the United States or as intended to be used in any of-
fense referred to in paragraph (3) of this subsection, 
where such intent is demonstrated by clear and convincing 
evidence, shall be subject to seizure, forfeiture, and dis-
position. 
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383 
‘‘(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 de-
fined in section 584(c)(3); 
‘‘(B) any offense punishable under chapter 17; 
‘‘(C) any offense described in section 582(a)(1), 
582(a)(3), 582(a)(5), or 582(b)(3), where the fire-
arm or ammunition intended to be used in any such 
offense is involved in a pattern of activities which in-
cludes a violation of any offense described in section 
582(a)(1), 582(a)(3), 582(a)(5), or 582(b)(3); 
‘‘(D) any offense described in section 582(d) 
where the firearm or ammunition is intended to be 
used in such offense by the transferor of such fire-
arm or ammunition; 
‘‘(E) any offense described in section 582(i), 
582(j), 582(l), 582(n), or 584(b); and 
‘‘(F) any offense which may be prosecuted in a 
court of the United States which involves the expor-
tation of firearms or ammunition. 
‘‘(e) MINIMUM
MANDATORY
FOR
CERTAIN
OF-
FENSES.—(1) In the case of a person who violates section 
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384 
582(g) and has three previous convictions by any court 
referred to in section 582(g)(1) 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 
provision of law, the court shall not suspend the sentence 
of, or grant a probationary sentence to, such person with 
respect to the conviction under section 582(g). 
‘‘(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 for which 
a maximum term of imprisonment of ten years 
or more is prescribed by law; or 
‘‘(ii) an offense under State law, involving 
manufacturing, distributing, or possessing with 
intent to manufacture or distribute, a controlled 
substance, for which a maximum term of im-
prisonment of ten years or more is prescribed 
by law; 
‘‘(B) the term ‘violent felony’ means any crime 
punishable by imprisonment for a term exceeding 
one year, or any act of juvenile delinquency involving 
the use or carrying of a firearm, knife, or destructive 
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385 
device that would be punishable by imprisonment for 
such term if committed by an adult, that— 
‘‘(i) has as an element the use, attempted 
use, or threatened use of physical force against 
the person of another; or 
‘‘(ii) is burglary, arson, or extortion, in-
volves use of explosives, or otherwise involves 
conduct that presents a serious potential risk of 
physical injury to another; and 
‘‘(C) the term ‘conviction’ includes a finding 
that a person has committed an act of juvenile delin-
quency involving a violent felony. 
‘‘(f) 582(P) VIOLATIONS.—In the case of a person 
who knowingly violates section 582(p), such person shall 
be or imprisoned not more than 5 years. 
‘‘(g) TRAVEL WITH INTENT.—Whoever, with the in-
tent to engage in conduct which— 
‘‘(1) constitutes an offense listed in section 
511(1), 
‘‘(2) is punishable under chapter 17 or the 
Maritime Drug Law Enforcement Act, 
‘‘(3) violates any State law relating to any con-
trolled substance, or 
‘‘(4) constitutes a crime of violence (as defined 
in subsection (c)(3)), 
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386 
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) 
TRANSFER
WITH
KNOWLEDGE.—Whoever 
knowingly transfers a firearm, knowing that such firearm 
will be used to commit a crime of violence (as defined in 
subsection (c)(3)) or drug trafficking crime (as defined in 
subsection (c)(2)) shall be imprisoned not more than 10 
years. 
‘‘(i) 582(U) VIOLATIONS.—(1) A person who know-
ingly 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 exclusion of State laws on the same subject 
matter, nor shall any provision of this subsection be con-
strued as invalidating any provision of State law unless 
such provision is inconsistent with any of the purposes of 
this subsection. 
‘‘(j) CAUSING DEATH.—A person who, in the course 
of a violation of subsection (c), causes the death of a per-
son through the use of a firearm, shall— 
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387 
‘‘(1) if the killing is a murder (as defined in 
section 101), be punished by death or by imprison-
ment for any term of years or for life; and 
‘‘(2) if the killing is manslaughter (as defined 
in section 101), be punished as provided in section 
104. 
‘‘(k) DRUG-RELATED OFFENSES.—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; 
‘‘(2) violates any law of a State relating to any 
controlled substance; or 
‘‘(3) constitutes a crime of violence (as defined 
in subsection (c)(3)), 
smuggles or knowingly brings into the United States a 
firearm, or attempts to do so, shall be imprisoned not 
more than 10 years. 
‘‘(l) THEFT
OF
FIREARMS
RELATED
TO
COM-
MERCE.—A person who steals any firearm which is moving 
as, or is a part of, or which has moved in, interstate or 
foreign commerce shall be imprisoned for not more than 
10 years. 
‘‘(m) THEFT OF FIREARMS FROM LICENSEES.—A 
person who steals any firearm from a licensed importer, 
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388 
licensed manufacturer, licensed dealer, or licensed col-
lector shall be imprisoned not more than 10 years. 
‘‘(n) TRAVEL WITH INTENT.—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 furtherance 
of such purpose shall be imprisoned for not more than 10 
years. 
‘‘(o) CONSPIRACY.—A person who conspires to com-
mit an offense under subsection (c) shall be imprisoned 
for not more than 20 years; and if the firearm is a ma-
chinegun or destructive device, or is equipped with a fire-
arm silencer or muffler, shall be imprisoned for any term 
of years or life. 
‘‘(p) PENALTIES RELATING TO SECURE GUN STOR-
AGE OR SAFETY DEVICE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) SUSPENSION OR REVOCATION OF LI-
CENSE; CIVIL
PENALTIES.—With respect to 
each violation of section 582(x)(1) by a licensed 
manufacturer, licensed importer, or licensed 
dealer, the Secretary may, after notice and op-
portunity for hearing— 
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‘‘(i) suspend for not more than 6 
months, or revoke, the license issued to the 
licensee under this chapter that was used 
to conduct the firearms transfer; or 
‘‘(ii) subject the licensee to a civil 
penalty in an amount equal to not more 
than $2,500. 
‘‘(B) REVIEW.—An action of the Secretary 
under this paragraph may be reviewed only as 
provided under section 583(f). 
‘‘(2) ADMINISTRATIVE
REMEDIES.—The sus-
pension or revocation of a license or the imposition 
of a civil penalty under paragraph (1) does not pre-
clude any administrative remedy that is otherwise 
available to the Secretary. 
‘‘§ 585. Exceptions: relief from disabilities 
‘‘(a)(1) TO UNITED STATES AGENCIES.—This chap-
ter, except sections 582(d)(9) and 582(g)(9) and provi-
sions relating to firearms subject to the prohibitions of 
section 582(p), does not apply with respect to the trans-
portation, shipment, receipt, possession, or importation of 
any firearm or ammunition imported for, sold or shipped 
to, or issued for the use of, the United States or any de-
partment or agency thereof or any State or any depart-
ment, agency, or political subdivision thereof. 
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‘‘(2) This chapter, except for provisions relating to 
firearms subject to the prohibitions of section 582(p), does 
not apply with respect to (A) the shipment or receipt of 
firearms or ammunition when sold or issued by the Sec-
retary of the Army pursuant to section 4308 of title 10 
before the repeal of such section by section 1624(a) of the 
Corporation for the Promotion of Rifle Practice and Fire-
arms Safety Act, and (B) the transportation of any such 
firearm or ammunition carried out to enable a person, who 
lawfully received such firearm or ammunition from the 
Secretary of the Army, to engage in military training or 
in competitions. 
‘‘(3) Unless otherwise prohibited by this chapter, ex-
cept for provisions relating to firearms subject to the pro-
hibitions of section 582(p), or any other Federal law, a 
licensed importer, licensed manufacturer, or licensed deal-
er may ship to a member of the United States Armed 
Forces on active duty outside the United States or to 
clubs, recognized by the Department of Defense, whose en-
tire membership is composed of such members, and such 
members or clubs may receive a firearm or ammunition 
determined by the Attorney General to be generally recog-
nized as particularly suitable for sporting purposes and 
intended for the personal use of such member or club. 
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‘‘(4) When established to the satisfaction of the At-
torney General to be consistent with this chapter, except 
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 authorize the transportation, shipment, receipt, or 
importation into the United States to the place of resi-
dence of any member of the United States Armed Forces 
who is on active duty outside the United States (or who 
has been on active duty outside the United States within 
the 60-day period immediately preceding the transpor-
tation, shipment, receipt, or importation), of any firearm 
or ammunition which is (A) determined by the Attorney 
General to be generally recognized as particularly suitable 
for sporting purposes, or determined by the Department 
of Defense to be a type of firearm normally classified as 
a war souvenir, and (B) intended for the personal use of 
such member. 
‘‘(5) For the purpose of paragraph (3), the term 
‘United States’ means each of the several States and the 
District of Columbia. 
‘‘(b) CONTINUATION OF OPERATION.—A licensed im-
porter, licensed manufacturer, licensed dealer, or licensed 
collector who is indicted for a crime punishable by impris-
onment for a term exceeding one year, may, notwith-
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392 
standing any other provision of this subchapter, continue 
operation pursuant to his existing license (if prior to the 
expiration of the term of the existing license timely appli-
cation is made for a new license) during the term of such 
indictment and until any conviction pursuant to the indict-
ment becomes final. 
‘‘(c) RELIEF FROM DISABILITY.—A person who is 
prohibited from possessing, shipping, transporting, or re-
ceiving firearms or ammunition may make application to 
the Attorney General for relief from the disabilities im-
posed by Federal laws with respect to the acquisition, re-
ceipt, transfer, shipment, transportation, or possession of 
firearms, and the Attorney General may grant such relief 
if it is established to his satisfaction that the cir-
cumstances regarding the disability, and the applicant’s 
record and reputation, are such that the applicant will not 
be likely to act in a manner dangerous to public safety 
and that the granting of the relief would not be contrary 
to the public interest. Any person whose application for 
relief from disabilities is denied by the Attorney General 
may file a petition with the United States district court 
for the district in which he resides for a judicial review 
of such denial. The court may in its discretion admit addi-
tional evidence where failure to do so would result in a 
miscarriage of justice. A licensed importer, licensed manu-
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393 
facturer, licensed dealer, or licensed collector conducting 
operations under this chapter, who makes application for 
relief from the disabilities incurred under this chapter, 
shall not be barred by such disability from further oper-
ations under his license pending final action on an applica-
tion for relief filed pursuant to this section. Whenever the 
Attorney General grants relief to any person pursuant to 
this section he shall promptly publish in the Federal Reg-
ister notice of such action, together with the reasons there-
for. 
‘‘(d) AUTHORIZATION
OF IMPORT.—The Attorney 
General shall authorize a firearm or ammunition to be im-
ported or brought into the United States or any possession 
thereof if the firearm or ammunition— 
‘‘(1) is being imported or brought in for sci-
entific or research purposes, or is for use in connec-
tion with competition or training pursuant to chap-
ter 401 of title 10; 
‘‘(2) is an unserviceable firearm, other than a 
machinegun as defined in section 5845(b) of the In-
ternal 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) 
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394 
of the Internal Revenue Code of 1986 and is gen-
erally recognized as particularly suitable for or read-
ily adaptable to sporting purposes, excluding surplus 
military firearms, except in any case where the At-
torney General has not authorized the importation of 
the firearm pursuant to this paragraph, it shall be 
unlawful to import any frame, receiver, or barrel of 
such firearm which would be prohibited if assembled; 
or 
‘‘(4) was previously taken out of the United 
States or a possession by the person who is bringing 
in the firearm or ammunition. 
The Attorney General shall permit the conditional impor-
tation or bringing in of a firearm or ammunition for exam-
ination and testing in connection with the making of a 
determination as to whether the importation or bringing 
in of such firearm or ammunition will be allowed under 
this subsection. 
‘‘(e) 
MANDATORY
AUTHORIZATION.—Notwith-
standing any other provision of this title, the Attorney 
General shall authorize the importation of, by any licensed 
importer, the following: 
‘‘(1) All rifles and shotguns listed as curios or 
relics by the Attorney General pursuant to section 
581(11), and 
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‘‘(2) All handguns, listed as curios or relics by 
the Attorney General pursuant to section 581(11), 
provided that such handguns are generally recog-
nized as particularly suitable for or readily adaptable 
to sporting purposes. 
‘‘(f) LIMITATION ON AUTHORIZATION.—The Attor-
ney General shall not authorize, under subsection (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 informa-
tion relating to the person by any State or political 
subdivision thereof, or by the national instant crimi-
nal background check system established under sec-
tion 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 subdivi-
sion responsible for providing the erroneous information, 
or responsible for denying the transfer, or against the 
United States, as the case may be, for an order directing 
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396 
that the erroneous information be corrected or that the 
transfer be approved, as the case may be. In any action 
under this section, the court, in its discretion, may allow 
the prevailing party a reasonable attorney’s fee as part 
of the costs. 
‘‘§ 587. Rules and regulations 
‘‘(a) IN GENERAL.—The Attorney General may pre-
scribe only such rules and regulations as are necessary to 
carry out this chapter, including— 
‘‘(1) regulations providing that a person li-
censed under this chapter, when dealing with an-
other person so licensed, shall provide such other li-
censed person a certified copy of this license; 
‘‘(2) regulations providing for the issuance, at 
a reasonable cost, to a person licensed under this 
chapter, of certified copies of his license for use as 
provided under regulations issued under paragraph 
(1) of this subsection; and 
‘‘(3) regulations providing for effective receipt 
and secure storage of firearms relinquished by or 
seized from persons described in subsection (d)(8) or 
(g)(8) of section 582. 
No such rule or regulation prescribed after the date of 
the enactment of the Firearms Owners’ Protection Act 
may require that records required to be maintained under 
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397 
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 reg-
istration of firearms, firearms owners, or firearms trans-
actions or dispositions be established. Nothing in this sec-
tion expands or restricts the Attorney General’s authority 
to inquire into the disposition of any firearm in the course 
of a criminal investigation. 
‘‘(b) NOTICE.—The Attorney General shall give not 
less than ninety days public notice, and shall afford inter-
ested parties opportunity for hearing, before prescribing 
such rules and regulations. 
‘‘(c) BLACK POWDER.—The Attorney General shall 
not prescribe rules or regulations that require purchasers 
of black powder under the exemption provided in section 
615 to complete affidavits or forms attesting to that ex-
emption. 
‘‘§ 588. Interstate transportation of firearms 
‘‘Notwithstanding any other provision of any law or 
any rule or regulation of a State or any political subdivi-
sion 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 pos-
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398 
sess and carry such firearm to any other place where he 
may lawfully possess and carry such firearm if, during 
such transportation the firearm is unloaded, and neither 
the firearm nor any ammunition being transported is read-
ily accessible or is directly accessible from the passenger 
compartment of such transporting vehicle, but in the case 
of a vehicle without a compartment separate from the driv-
er’s compartment the firearm or ammunition shall be con-
tained in a locked container other than the glove compart-
ment or console. 
‘‘§ 589. Carrying of concealed firearms by qualified 
law enforcement officers 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision 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 (c) may carry a concealed firearm that has been 
shipped or transported in interstate or foreign commerce. 
‘‘(b) DEFINITION OF ‘QUALIFIED LAW ENFORCE-
MENT OFFICER’.—As used in this section, the term ‘quali-
fied law enforcement officer’ means an employee of a gov-
ernmental agency who— 
‘‘(1) is authorized by law to engage in or super-
vise the prevention, detection, investigation, or pros-
ecution of, or the incarceration of any person for, 
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399 
any violation of law, and has statutory powers of ar-
rest; 
‘‘(2) is authorized by the agency to carry a fire-
arm; 
‘‘(3) is not the subject of any disciplinary action 
by the agency which could result in suspension or 
loss of police powers; 
‘‘(4) meets standards, if any, established by the 
agency which require the employee to regularly qual-
ify in the use of a firearm; 
‘‘(5) is not under the influence of alcohol or an-
other intoxicating or hallucinatory drug or sub-
stance; and 
‘‘(6) is not prohibited by Federal law from re-
ceiving a firearm. 
‘‘(c) REQUIRED IDENTIFICATION.—The identification 
required by this subsection is the photographic identifica-
tion issued by the governmental agency for which the indi-
vidual is employed as a law enforcement officer. 
‘‘(d) DEFINITION OF ‘FIREARM’.—As used in this 
section, the term ‘firearm’— 
‘‘(1) except as provided in this subsection, has 
the same meaning as in section 581; 
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‘‘(2) includes ammunition not expressly prohib-
ited by Federal law or subject to the National Fire-
arms Act; and 
‘‘(3) does not include— 
‘‘(A) any machinegun; 
‘‘(B) any firearm silencer; and 
‘‘(C) any destructive device. 
‘‘(e) 
CERTAIN
GOVERNMENTAL
OR
QUASI-
GOVERNMENTAL POLICE AGENCIES.—For the purposes of 
this section, a law enforcement officer of the Amtrak Po-
lice Department, a law enforcement officer of the Federal 
Reserve, or a law enforcement or police officer of the exec-
utive branch of the Federal Government qualifies as an 
employee of a governmental agency who is authorized by 
law to engage in or supervise the prevention, detection, 
investigation, or prosecution of, or the incarceration of any 
person for, any violation of law, and has statutory powers 
of arrest. 
‘‘§ 590. Carrying of concealed firearms by qualified 
retired law enforcement officers 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of the law of any State or any political subdivision 
thereof, an individual who is a qualified retired law en-
forcement officer and who is carrying the identification re-
quired by subsection (c) may carry a concealed firearm 
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401 
that has been shipped or transported in interstate or for-
eign commerce. 
‘‘(b) DEFINITION OF ‘QUALIFIED RETIRED LAW EN-
FORCEMENT OFFICER’.—As used in this section, the term 
‘qualified retired law enforcement officer’ means an indi-
vidual who— 
‘‘(1) separated from service in good standing 
from service with a public agency as a law enforce-
ment officer; 
‘‘(2) before such separation, was authorized by 
law to engage in or supervise the prevention, detec-
tion, investigation, or prosecution of, or the incarcer-
ation of any person for, any violation of law, and 
had statutory powers of arrest; 
‘‘(3)(A) before such separation, served as a law 
enforcement officer for an aggregate of 10 years or 
more; or 
‘‘(B) separated from service with such agency, 
after completing any applicable probationary period 
of such service, due to a service-connected disability, 
as determined by such agency; 
‘‘(4) during the most recent 12-month period, 
has met, at the expense of the individual, the stand-
ards for qualification in firearms training for active 
law enforcement officers, as determined by the 
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former agency of the individual, the State in which 
the individual resides or, if the State has not estab-
lished such standards, either a law enforcement 
agency within the State in which the individual re-
sides or the standards used by a certified firearms 
instructor that is qualified to conduct a firearms 
qualification test for active duty officers within that 
State; 
‘‘(5)(A) has not been officially found by a quali-
fied medical professional employed by the agency to 
be unqualified for reasons relating to mental health 
and as a result of this finding will not be issued the 
photographic identification as described in sub-
section (d)(1); or 
‘‘(B) has not entered into an agreement 
with the agency from which the individual is 
separating from service in which that individual 
acknowledges he or she is not qualified under 
this section for reasons relating to mental 
health and for those reasons will not receive or 
accept the photographic identification as de-
scribed in subsection (d)(1); 
‘‘(6) is not under the influence of alcohol or an-
other intoxicating or hallucinatory drug or sub-
stance; and 
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403 
‘‘(7) is not prohibited by Federal law from re-
ceiving a firearm. 
‘‘(c) IDENTIFICATION.—The identification required 
by this subsection is— 
‘‘(1) a photographic identification issued by the 
agency from which the individual separated from 
service as a law enforcement officer that indicates 
that the individual has, not less recently than one 
year before the date the individual is carrying the 
concealed firearm, been tested or otherwise found by 
the agency to meet the active duty standards for 
qualification in firearms training as established by 
the agency to carry a firearm of the same type as 
the concealed firearm; or 
‘‘(2)(A) a photographic identification issued by 
the agency from which the individual separated from 
service as a law enforcement officer; and 
‘‘(B) a certification issued by the State in which 
the individual resides or by a certified firearms in-
structor that is qualified to conduct a firearms quali-
fication test for active duty officers within that State 
that indicates that the individual has, not less than 
1 year before the date the individual is carrying the 
concealed firearm, been tested or otherwise found by 
the State or a certified firearms instructor that is 
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qualified to conduct a firearms qualification test for 
active duty officers within that State to have met— 
‘‘(i) the active duty standards for qualifica-
tion in firearms training, as established by the 
State, to carry a firearm of the same type as 
the concealed firearm; or 
‘‘(ii) if the State has not established such 
standards, standards set by any law enforce-
ment agency within that State to carry a fire-
arm of the same type as the concealed firearm. 
‘‘(d) ADDITIONAL DEFINITIONS.—As used in this 
section— 
‘‘(1) the term ‘firearm’— 
‘‘(A) except as provided in this paragraph, 
has the same meaning as in section 581; 
‘‘(B) includes ammunition not expressly 
prohibited by Federal law or subject to the Na-
tional Firearms Act; and 
‘‘(C) does not include— 
‘‘(i) any machinegun; 
‘‘(ii) any firearm silencer; and 
‘‘(iii) any destructive device; and 
‘‘(2) the term ‘service with a public agency as 
a law enforcement officer’ includes service as a law 
enforcement officer of the Amtrak Police Depart-
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ment, service as a law enforcement officer of the 
Federal Reserve, or service as a law enforcement or 
police officer of the executive branch of the Federal 
Government. 
‘‘§ 591. Use of restricted ammunition 
‘‘(a) OFFENSE.—(1) Whoever, during and in relation 
to the commission of a crime of violence or drug traf-
ficking crime (including a crime of violence or drug traf-
ficking crime which provides for an enhanced punishment 
if committed by the use of a deadly or dangerous weapon 
or device) for which he may be prosecuted in a court of 
the United States, uses or carries a firearm and is in pos-
session of armor piercing ammunition capable of being 
fired in that firearm, shall, in addition to the punishment 
provided for the commission of such crime of violence or 
drug trafficking crime be sentenced to a term of imprison-
ment for not less than five years. 
‘‘(2) DEFINITION.—For purposes of this subsection, 
the term ‘drug trafficking crime’ means any felony punish-
able under chapter 17 of this title or chapter 705 of title 
46. 
‘‘(b) 
LIMITATION
ON
CERTAIN
ACTIONS
BY 
COURT.—Notwithstanding any other provision of law, the 
court shall not suspend the sentence of any person con-
victed of a violation of this section, nor place the person 
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406 
on probation, nor shall the terms of imprisonment run 
concurrently with any other terms of imprisonment, in-
cluding that imposed for the crime in which the armor 
piercing ammunition was used or possessed. 
‘‘§ 592. Possession of firearms and dangerous weap-
ons in Federal facilities 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(d), whoever knowingly possesses or causes to be present 
a firearm or other dangerous weapon in a Federal facility 
(other than a Federal court facility), or attempts to do 
so, shall be imprisoned not more than 1 year. 
‘‘(b) AGGRAVATED OFFENSE.—Whoever, with intent 
that a firearm or other dangerous weapon be used in the 
commission of a crime, knowingly possesses or causes to 
be present such firearm or dangerous weapon in a Federal 
facility, or attempts to do so, shall be imprisoned not more 
than 5 years. 
‘‘(c) WHERE KILLING RESULTS.—A person who kills 
any person in the course of a violation of subsection (a) 
or (b), or in the course of an attack on a Federal facility 
involving the use of a firearm or other dangerous weapon 
shall be punished as provided in subchapter A of chapter 
10. 
‘‘(d) Subsection (a) does not apply to— 
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‘‘(1) the lawful performance of official duties by 
an officer, agent, or employee of the United States, 
a State, or a political subdivision thereof, who is au-
thorized by law to engage in or supervise the preven-
tion, detection, investigation, or prosecution of any 
violation of law; 
‘‘(2) the possession of a firearm or other dan-
gerous 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) COURT FACILITY.—(1) Except as provided in 
paragraph (2), whoever knowingly possesses or causes to 
be present a firearm in a Federal court facility, or at-
tempts to do so, shall be imprisoned not more than 2 
years. 
‘‘(2) Paragraph (1) does not apply to conduct which 
is described in paragraph (1) or (2) of subsection (d). 
‘‘(f) DISCLAIMER.—Nothing in this section limits the 
power of a court of the United States to punish for con-
tempt or to promulgate rules or orders regulating, restrict-
ing, or prohibiting the possession of weapons within any 
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building housing such court or any of its proceedings, or 
upon any grounds appurtenant to such building. 
‘‘(g) DEFINITIONS.—As used in this section: 
‘‘(1) The term ‘Federal facility’ means a build-
ing or part thereof owned or leased by the Federal 
Government, where Federal employees are regularly 
present for the purpose of performing their official 
duties. 
‘‘(2) The term ‘dangerous weapon’ means a 
weapon, device, instrument, material, or substance, 
animate or inanimate, that is used for, or is readily 
capable of, causing death or serious bodily injury, 
except that such term does not include a pocket 
knife with a blade of less than 2 1⁄2 inches in length. 
‘‘(3) The term ‘Federal court facility’ means 
the courtroom, judges’ chambers, witness rooms, 
jury deliberation rooms, attorney conference rooms, 
prisoner holding cells, offices of the court clerks, the 
United States attorney, and the United States mar-
shal, probation and parole offices, and adjoining cor-
ridors of any court of the United States. 
‘‘(h) POSTING.—Notice of the provisions of sub-
sections (a) and (b) shall be posted conspicuously at each 
public entrance to each Federal facility, and notice of sub-
section (e) shall be posted conspicuously at each public 
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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. 
‘‘§ 593. Prohibition on purchase, ownership, or pos-
session 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 con-
stitute a crime of violence under paragraph (1) if it 
occurred within the special maritime and territorial 
jurisdiction of the United States. 
‘‘(b) AFFIRMATIVE DEFENSE.— 
‘‘(1) IN GENERAL.—It shall be an affirmative 
defense under this section that— 
‘‘(A) the defendant obtained prior written 
certification from his or her employer that the 
defendant’s purchase, use, or possession of body 
armor was necessary for the safe performance 
of lawful business activity; and 
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‘‘(B) the use and possession by the defend-
ant were limited to the course of such perform-
ance. 
‘‘(2) EMPLOYER.—In this subsection, the term 
‘employer’ means any other individual employed by 
the defendant’s business that supervises defendant’s 
activity. If that defendant has no supervisor, prior 
written certification is acceptable from any other 
employee of the business. 
‘‘SUBCHAPTER C—EXPLOSIVES 
‘‘Sec. 
‘‘601. Prohibited transactions involving nuclear materials. 
‘‘§ 601. Prohibited transactions involving nuclear ma-
terials 
‘‘(a) OFFENSE.—Whoever, if one of the cir-
cumstances described in subsection (c) of this section oc-
curs— 
‘‘(1) without lawful authority, intentionally re-
ceives, possesses, uses, transfers, alters, disposes of, 
or disperses any nuclear material or nuclear byprod-
uct material and— 
‘‘(A) thereby knowingly causes the death of 
or serious bodily injury to any person or sub-
stantial damage to property or to the environ-
ment; or 
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‘‘(B) circumstances exist, or have been rep-
resented to the defendant to exist, that are like-
ly to cause the death or serious bodily injury to 
any person, or substantial 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 mate-
rial or nuclear byproduct material of another 
without authority; 
‘‘(B) makes an unauthorized use, disposi-
tion, or transfer, of nuclear material or nuclear 
byproduct material belonging to another; or 
‘‘(C) uses fraud and thereby obtains nu-
clear material or nuclear byproduct material be-
longing to another; 
‘‘(3) knowingly— 
‘‘(A) uses force; or 
‘‘(B) threatens or places another in fear 
that any person other than the actor will immi-
nently be subject to bodily injury; 
and thereby takes nuclear material or nuclear by-
product material belonging to another from the per-
son or presence of any other; 
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‘‘(4) intentionally intimidates any person and 
thereby obtains nuclear material or nuclear byprod-
uct material belonging to another; 
‘‘(5) with intent to compel any person, inter-
national organization, 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 mate-
rial or nuclear byproduct material to cause death or 
serious bodily injury to any person or substantial 
damage to property or to the environment under cir-
cumstances in which the threat may reasonably be 
understood as an expression of serious purposes; 
‘‘(7) attempts to commit an offense under para-
graph (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 par-
ties intentionally engages in any conduct in further-
ance of such offense; 
shall be punished as provided in subsection (b) of this sec-
tion. 
‘‘(b) PUNISHMENT.—The punishment for an offense 
under— 
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‘‘(ii) for not more than 10 years in 
any other case. 
‘‘(c) CIRCUMSTANCES.—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 juris-
diction of the United States, or the special aircraft 
jurisdiction of the United States (as defined in sec-
tion 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 entity; 
‘‘(3) after the conduct required for the offense 
occurs the defendant is found in the United States, 
even if the conduct required for the offense occurs 
outside the United States; 
‘‘(4) the conduct required for the offense occurs 
with respect to the carriage of a consignment of nu-
clear 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 re-
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ceiver within the state of ultimate destination and 
either of such states is the United States; or 
‘‘(5) either— 
‘‘(A) the governmental entity under sub-
section (a)(5) is the United States; or 
‘‘(B) the threat under subsection (a)(6) is 
directed at the United States. 
‘‘(d) ASSISTANCE IN ACCORDANCE WITH CHAPTER 
18 OF TITLE 10.—The Attorney General may request as-
sistance from the Secretary of Defense under chapter 18 
of title 10 in the enforcement of this section and the Sec-
retary of Defense may provide such assistance in accord-
ance with chapter 18 of title 10, except that the Secretary 
of Defense may provide such assistance through any De-
partment of Defense personnel. 
‘‘(e) OTHER ASSISTANCE.— 
‘‘(1) The Attorney General may also request as-
sistance from the Secretary of Defense under this 
subsection in the enforcement of this section. Not-
withstanding section 292, the Secretary of Defense 
may, in accordance with other applicable law, pro-
vide such assistance to the Attorney General if— 
‘‘(A) an emergency situation exists (as 
jointly determined by the Attorney General and 
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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 Sec-
retary of Defense in such Secretary’s discre-
tion). 
‘‘(2) As used in this subsection, the term ‘emer-
gency situation’ means a circumstance— 
‘‘(A) that poses a serious threat to the in-
terests of the United States; and 
‘‘(B) in which— 
‘‘(i) enforcement of the law would be 
seriously impaired if the assistance were 
not provided; and 
‘‘(ii) civilian law enforcement per-
sonnel are not capable of enforcing the 
law. 
‘‘(3) Assistance under this section may in-
clude— 
‘‘(A) use of personnel of the Department 
of Defense to arrest persons and conduct 
searches and seizures with respect to violations 
of this section; and 
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417 
‘‘(B) such other activity as is incidental to 
the enforcement of this section, or to the pro-
tection of persons or property from conduct 
that violates this section. 
‘‘(4) The Secretary of Defense may require re-
imbursement as a condition of assistance under this 
section. 
‘‘(5) The Attorney General may delegate the 
Attorney General’s function under this subsection 
only to a Deputy, Associate, or Assistant Attorney 
General. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘nuclear material’ means material 
containing 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 ura-
nium that contains 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 isotope 235 to 
the isotope 238 occurring in nature; or 
‘‘(D) uranium 233; 
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‘‘(2) the term ‘nuclear byproduct material’ 
means any material containing any radioactive iso-
tope 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 or a public organiza-
tion created pursuant 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 of the United States. 
‘‘SUBCHAPTER 
D—IMPORTATION, 
MANUFAC-
TURE, DISTRIBUTION, AND STORAGE OF 
EXPLOSIVE MATERIALS 
‘‘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. 
‘‘617. Rules and regulations. 
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‘‘§ 611. Definitions 
‘‘In this subchapter the following definitions apply: 
‘‘(1) The term ‘explosive materials’ means ex-
plosives, 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 primary or common purpose of which 
is to function by explosion; the term includes, but is 
not limited to, dynamite and other high explosives, 
black powder, pellet powder, initiating explosives, 
detonators, safety fuses, squibs, detonating cord, ig-
niter cord, and igniters. The Attorney General shall 
publish and revise at least annually in the Federal 
Register a list of these and any additional explosives 
which he determines to be within the coverage of 
this subchapter. For the purposes of subsections (d), 
(e), (f), (g), (h), and (i) of section 614, the term ‘ex-
plosive’ is defined in subsection (j) of such section 
614. 
‘‘(3) The term ‘blasting agent’ means any mate-
rial or mixture, consisting of fuel and oxidizer, in-
tended for blasting, not otherwise defined as an ex-
plosive, if the finished product, as mixed for use or 
shipment, cannot be detonated by means of a num-
bered 8 test blasting cap when unconfined. 
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‘‘(4) The term ‘detonator’ means any device 
containing a detonating charge that is used for initi-
ating 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 en-
gaged in the business of importing or bringing explo-
sive materials into the United States for purposes of 
sale or distribution. 
‘‘(6) The term ‘manufacturer’ means any per-
son engaged in the business of manufacturing explo-
sive materials for purposes of sale or distribution or 
for that person’s own use. 
‘‘(7) The term ‘dealer’ means any person en-
gaged in the business of distributing explosive mate-
rials at wholesale or retail. 
‘‘(8) The term ‘permittee’ means any user of 
explosives for a lawful purpose, who has obtained ei-
ther a user permit or a limited permit under this 
chapter. 
‘‘(9) The term ‘Attorney General’ means the 
Attorney General of the United States. 
‘‘(10) The term ‘crime punishable by imprison-
ment for a term exceeding one year’ does not mean 
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(A) any Federal or State offenses pertaining to anti-
trust violations, unfair trade practices, restraints of 
trade, or other similar offenses relating to the regu-
lation of business practices as the Attorney General 
may by regulation designate, or (B) any State of-
fense (other than one involving a firearm or explo-
sive) classified by the laws of the State as a mis-
demeanor and punishable by a term of imprisonment 
of two years or less. 
‘‘(11) The term ‘licensee’ means any importer, 
manufacturer, or dealer licensed under this chapter. 
‘‘(12) The term ‘distribute’ means sell, issue, 
give, transfer, or otherwise dispose of. 
‘‘(13) The term ‘convention on the Marking of 
Plastic Explosives’ means the Convention on the 
Marking of Plastic Explosives for the Purpose of 
Detection, Done at Montreal on 1 March 1991. 
‘‘(14) The term ‘detection agent’ means any 
one of the substances specified in this subsection 
when introduced into a plastic explosive or formu-
lated in such explosive as a part of the manufac-
turing process in such a manner as to achieve homo-
geneous distribution in the finished explosive, includ-
ing— 
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‘‘(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 min-
imum concentration in the finished explosive is 
0.5 percent by mass; 
‘‘(D) Ortho-Mononitrotoluene (o-MNT), 
C7H7NO2, molecular weight 137, when the minimum 
concentration in the finished explosive is 0.5 percent 
by mass; and 
‘‘(E) any other substance in the concentra-
tion specified 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 Technical Annex to 
the Convention on the Marking of Plastic Ex-
plosives. 
‘‘(15) The term ‘plastic explosive’ means an ex-
plosive material in flexible or elastic sheet form for-
mulated with one or more high explosives which in 
their pure form has a vapor pressure less than 
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10 4 Pa at a temperature of 25°C, is formulated 
with a binder material, and is as a mixture malleable 
or flexible at normal room temperature. 
‘‘(16) The term ‘alien’ means any person who 
is not a citizen or national of the United States. 
‘‘(17) The term ‘responsible person’ means an 
individual who has the power to direct the manage-
ment and policies of the applicant pertaining to ex-
plosive materials. 
‘‘(18) The term ‘Indian tribe’ has the meaning 
given the term in section 102 of the Federally Rec-
ognized Indian Tribe List Act of 1994. 
‘‘§ 612. Unlawful Acts 
‘‘(a) REGULATORY REQUIREMENTS.—It shall be un-
lawful for any person— 
‘‘(1) to engage in the business of importing, 
manufacturing, 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 mis-
represented identification, intended or likely to de-
ceive for the purpose of obtaining explosive mate-
rials, or a license, permit, exemption, or relief from 
disability under this chapter; 
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‘‘(3) other than a licensee or permittee know-
ingly— 
‘‘(A) to transport, ship, cause to be trans-
ported, 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 trans-
ported, or receive in interstate or foreign com-
merce any explosive materials; or 
‘‘(B) to receive explosive materials from a 
licensee or permittee, whose premises are lo-
cated outside the State of residence of the lim-
ited permit holder, or on more than 6 separate 
occasions, during the period of the permit, to 
receive explosive materials from 1 or more li-
censees or permittees whose premises are lo-
cated within the State of residence of the lim-
ited permit holder. 
‘‘(b) DISTRIBUTION TO UNREGULATED PERSONS.— 
It shall be unlawful for any licensee or permittee to know-
ingly distribute any explosive materials to any person 
other than— 
‘‘(1) a licensee; 
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‘‘(2) a holder of a user permit; or 
‘‘(3) a holder of a limited permit who is a resi-
dent of the State where distribution is made and in 
which the premises of the transferor are located. 
‘‘(c) DISTRIBUTION IN VIOLATION OF STATE RE-
QUIREMENTS.—It shall be unlawful for any licensee to dis-
tribute explosive materials to any person who the licensee 
has reason to believe 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 mate-
rials into it or to receive explosive materials in it. 
‘‘(d) DISTRIBUTION
TO PROHIBITED CLASSES
OF 
PERSONS.—It shall be unlawful for any person knowingly 
to distribute explosive materials to any individual who— 
‘‘(1) is under twenty-one years of age; 
‘‘(2) has been convicted in any court of a crime 
punishable by imprisonment for a term exceeding 
one year; 
‘‘(3) is under indictment for a crime punishable 
by imprisonment for a term exceeding one year; 
‘‘(4) is a fugitive from justice; 
‘‘(5) is an unlawful user of or addicted to any 
controlled substance; 
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