270 
‘‘516. Expedition of actions. 
‘‘517. Evidence. 
‘‘518. Civil investigative demand. 
‘‘§ 511. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘racketeering activity’ means— 
‘‘(A) any act or threat involving murder, 
kidnapping, gambling, arson, robbery, bribery, 
extortion, dealing in obscene matter, or dealing 
in a controlled substance or listed chemical (as 
defined in section 102 of the Controlled Sub-
stances Act), which is chargeable under State 
law and punishable by imprisonment for more 
than one year; 
‘‘(B) any act which is indictable under any 
of the following provisions of this title: Section 
991 (relating to bribery), section 1007 (relating 
to sports bribery), sections 692, 693, and 694 
(relating to counterfeiting), section 647 (relat-
ing to theft from interstate shipment) if the act 
indictable under section 647 is felonious, sec-
tion 651 (relating to embezzlement from pen-
sion and welfare funds), sections 155, 156, and 
157 (relating to extortionate credit trans-
actions), section 783 (relating to fraud and re-
lated activity in connection with identification 
documents), section 786 (relating to fraud and 
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PWALKER on DSK7TPTVN1PROD with BILLS
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related activity in connection with access de-
vices), section 1381 (relating to the trans-
mission of gambling information), section 801 
(relating to mail fraud), section 803 (relating to 
wire fraud), section 804 (relating to financial 
institution fraud), section 315 (relating to the 
procurement of citizenship or nationalization 
unlawfully), section 316 (relating to the sale of 
naturalization or citizenship papers), 318 (relat-
ing to bringing in or harboring certain aliens), 
321 (relating to aiding or assisting certain 
aliens to enter the United States), (if the viola-
tion of section 318 or 321 was committed for 
financial gain) sections 1441–1443 (relating to 
obscene matter), section 1132 (relating to ob-
struction of justice), section 1135 (relating to 
obstruction of criminal investigations), section 
1136 (relating to the obstruction of State or 
local law enforcement), section 1137 (relating 
to tampering with a witness, victim, or an in-
formant), section 1138 (relating to retaliating 
against a witness, victim, or an informant), sec-
tion 311 (relating to false statement in applica-
tion and use of passport), section 312 (relating 
to forgery or false use of passport), section 313 
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(relating to misuse of passport), section 314 
(relating to fraud and misuse of visas, permits, 
and other documents), sections 1261–1266 (re-
lating to peonage, slavery, and trafficking in 
persons), section 501 (relating to interference 
with commerce, robbery, or extortion), section 
502 (relating to racketeering), section 503 (re-
lating to interstate transportation of wagering 
paraphernalia), section 504 (relating to unlaw-
ful welfare fund payments), section 505 (relat-
ing to the prohibition of illegal gambling busi-
nesses), section 1451 (relating to the laun-
dering of monetary instruments), section 1452 
(relating to engaging in monetary transactions 
in property derived from specified unlawful ac-
tivity), section 506 (relating to use of interstate 
commerce facilities in the commission of mur-
der-for-hire), section 508 (relating to prohibi-
tion of unlicensed money transmitting busi-
nesses), sections 221, 222, and 223 (relating to 
sexual exploitation of children), sections 671 
and 672 (relating to interstate transportation of 
stolen motor vehicles), sections 673 and 674 
(relating to interstate transportation of stolen 
property), section 675 (relating to trafficking in 
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counterfeit labels for phonorecords, computer 
programs or computer program documentation 
or packaging and copies of motion pictures or 
other audiovisual works), section 676 (relating 
to criminal infringement of a copyright), section 
678 (relating to unauthorized fixation of and 
trafficking in sound recordings and music vid-
eos of live musical performances), section 680 
(relating to trafficking in counterfeit goods or 
services), section 681 (relating to trafficking in 
certain motor vehicles or motor vehicle parts), 
sections 1411–1416 (relating to trafficking in 
contraband cigarettes), sections 211–213 (relat-
ing to white slave traffic), sections 621–627 
(relating to biological weapons), sections 631– 
636 (relating to chemical weapons), section 601 
(relating to nuclear materials); 
‘‘(C) any act which is indictable under sec-
tion 186 (dealing with restrictions on payments 
and loans to labor organizations) or section 
501(c) (relating to embezzlement from union 
funds) of title 29, United States Code; 
‘‘(D) any offense involving fraud connected 
with a case under title 11 (except a case under 
section 885), fraud in the sale of securities, or 
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the felonious manufacture, importation, receiv-
ing, concealment, buying, selling, or otherwise 
dealing in a controlled substance or listed chem-
ical (as defined in section 102 of the Controlled 
Substances Act), punishable under any law of 
the United States; 
‘‘(E) any act which is indictable under the 
Currency and Foreign Transactions Reporting 
Act; 
‘‘(F) any act which is indictable under sec-
tion 278 of the Immigration and Nationality 
Act, if the act indictable under such section of 
such Act was committed for the purpose of fi-
nancial gain; or 
‘‘(G) any act that is indictable under any 
provision listed in section 273(g)(3)(B); 
‘‘(2) the term ‘enterprise’ includes any indi-
vidual, partnership, corporation, association, or 
other legal entity, and any union or group of individ-
uals associated in fact although not a legal entity; 
‘‘(3) the term ‘pattern of racketeering activity’ 
requires at least two acts of racketeering activity, 
one of which occurred after October 15, 1970 and 
the last of which occurred within ten years (exclud-
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ing any period of imprisonment) after the commis-
sion of a prior act of racketeering activity; 
‘‘(4) the term ‘unlawful debt’ means a debt— 
‘‘(A) incurred or contracted in gambling 
activity which was in violation of the law of the 
United States, a State or political subdivision 
thereof, or which is unenforceable under State 
or Federal law in whole or in part as to prin-
cipal or interest because of the laws relating to 
usury; and 
‘‘(B) which was incurred in connection 
with the business of gambling in violation of the 
law of the United States, a State or political 
subdivision thereof, or the business of lending 
money or a thing of value at a rate usurious 
under State or Federal law, where the usurious 
rate is at least twice the enforceable rate; 
‘‘(5) the term ‘racketeering investigator’ means 
any attorney or investigator so designated by the At-
torney General and charged with the duty of enforc-
ing or carrying into effect this chapter; 
‘‘(6) the term ‘racketeering investigation’ means 
any inquiry conducted by any racketeering investi-
gator for the purpose of ascertaining whether any 
person has been involved in any violation of this sub-
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such person has participated as a principal within the 
meaning of section 2, to use or invest, directly or indi-
rectly, any part of such income, or the proceeds of such 
income, in acquisition of any interest in, or the establish-
ment or operation of, any enterprise which is engaged in, 
or the activities of which affect, interstate or foreign com-
merce. A purchase of securities on the open market for 
purposes of investment, and without the intention of con-
trolling or participating in the control of the issuer, or of 
assisting another to do so, shall not be unlawful under 
this subsection if the securities of the issuer held by the 
purchaser, the members of his family, and his or their ac-
complices in any pattern or racketeering activity or the 
collection of an unlawful debt after such purchase do not 
amount in the aggregate to one percent of the outstanding 
securities of any one class, and do not confer, either in 
law or in fact, the power to elect one or more directors 
of the issuer. 
‘‘(b) MAINTAINING INTEREST OR CONTROL.—It shall 
be unlawful for any person through a pattern of racket-
eering activity or through collection of an unlawful debt 
to acquire or maintain, directly or indirectly, any interest 
in or control of any enterprise which is engaged in, or the 
activities of which affect, interstate or foreign commerce. 
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‘‘(c) CONDUCTING AFFAIRS.—It shall be unlawful for 
any person employed by or associated with any enterprise 
engaged in, or the activities of which affect, interstate or 
foreign commerce, to conduct or participate, directly or 
indirectly, in the conduct of such enterprise’s affairs 
through a pattern of racketeering activity or collection of 
unlawful debt. 
‘‘§ 513. Criminal penalties 
‘‘Whoever violates section 512 shall be imprisoned 
not more than 20 years (or for life if the violation is based 
on a racketeering activity for which the maximum penalty 
includes life imprisonment). 
‘‘§ 514. Civil remedies 
‘‘(a) PREVENTION
AND
RESTRAINT
OF
VIOLA-
TIONS.—The district courts of the United States shall 
have jurisdiction to prevent and restrain violations of sec-
tion 512 by issuing appropriate orders, including— 
‘‘(1) ordering any person to divest any interest 
in any enterprise; and 
‘‘(2) imposing reasonable restrictions on the fu-
ture activities or investments of any person, includ-
ing— 
‘‘(A) prohibiting that person from engag-
ing in the same type of endeavor as the enter-
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prise engaged in, the activities of which affect 
interstate or foreign commerce; or 
‘‘(B) ordering dissolution or reorganization 
of any enterprise, making due provision for the 
rights of innocent persons. 
‘‘(b) PRELIMINARY MATTERS.—The Attorney Gen-
eral may institute proceedings under this section. Pending 
final determination thereof, the court may at any time 
enter such restraining orders or prohibitions, or take such 
other actions, including the acceptance of satisfactory per-
formance bonds, as it shall deem proper. 
‘‘(c) PRIVATE RIGHT OF ACTION.—Any person in-
jured in his business or property by reason of a violation 
of section 512 may sue therefor in any appropriate United 
States district court and shall recover threefold the dam-
ages he sustains and the cost of the suit, including a rea-
sonable attorney’s fee, except that no person may rely 
upon any conduct that would have been actionable as 
fraud in the purchase or sale of securities to establish a 
violation of section 512. The exception contained in the 
preceding sentence does not apply to an action against any 
person that is criminally convicted in connection with the 
fraud, in which case the statute of limitations shall start 
to run on the date on which the conviction becomes final. 
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‘‘(d) ESTOPPEL.—A final judgment or decree ren-
dered in favor of the United States in any criminal pro-
ceeding brought by the United States under this chapter 
shall estop the defendant from denying the essential alle-
gations of the criminal offense in any subsequent civil pro-
ceeding brought by the United States. 
‘‘§ 515. Venue and process 
‘‘(a) VENUE.—Any civil action or proceeding under 
this subchapter may be instituted in the district court of 
the United States for any district in which such person 
resides, is found, has an agent, or transacts his affairs. 
‘‘(b) SUMMONS.—In any action under section 514 in 
any district court of the United States in which it is shown 
that the ends of justice require that other parties residing 
in any other district be brought before the court, the court 
may cause such parties to be summoned, and process for 
that purpose may be served in any judicial district of the 
United States by the marshal thereof. 
‘‘(c) SUBPOENAS.—In any civil or criminal action or 
proceeding instituted by the United States under this sub-
chapter in the district court of the United States for any 
judicial district, subpoenas issued by such court to compel 
the attendance of witnesses may be served in any other 
judicial district, except that in any civil action or pro-
ceeding no such subpoena shall be issued for service upon 
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PWALKER on DSK7TPTVN1PROD with BILLS
281 
any individual who resides in another district at a place 
more than one hundred miles from the place at which such 
court is held without approval given by a judge of such 
court upon a showing of good cause. 
‘‘(d) OTHER PROCESS.—All other process in any ac-
tion or proceeding under this subchapter may be served 
on any person in any judicial district in which such person 
resides, is found, has an agent, or transacts affairs. 
‘‘§ 516. Expedition of actions 
‘‘In any civil action instituted under this subchapter 
by the United States in any district court of the United 
States, the Attorney General may file with the clerk of 
such court a certificate stating that in the Attorney Gen-
eral’s opinion the case is of general public importance. A 
copy of that certificate shall be furnished immediately by 
such clerk to the chief judge or, in the absence of the chief 
judge, to the presiding district judge of the district in 
which such action is pending. Upon receipt of such copy, 
such judge shall designate immediately a judge of that dis-
trict to hear and determine the action. 
‘‘§ 517. Evidence 
‘‘In any proceeding ancillary to or in any civil action 
instituted by the United States under this subchapter the 
proceedings may be open or closed to the public at the 
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PWALKER on DSK7TPTVN1PROD with BILLS
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discretion of the court after consideration of the rights of 
affected persons. 
‘‘§ 518. Civil investigative demand 
‘‘(a) ISSUANCE.—If the Attorney General has reason 
to believe that any person or enterprise may be in posses-
sion, custody, or control of any documentary materials rel-
evant to a racketeering investigation, the Attorney General 
may, before the institution of a civil or criminal proceeding 
thereon, issue in writing, and cause to be served upon such 
person, a civil investigative demand requiring such person 
to produce such material for examination. 
‘‘(b) CONTENTS.—Each such demand shall— 
‘‘(1) state the nature of the conduct consti-
tuting the alleged racketeering violation which is 
under investigation and the provision of law applica-
ble thereto; 
‘‘(2) describe the class or classes of documen-
tary material produced thereunder with such defi-
niteness and certainty as to permit such material to 
be fairly identified; 
‘‘(3) state that the demand is returnable forth-
with or prescribe a return date which will provide a 
reasonable period of time within which the material 
so demanded may be assembled and made available 
for inspection and copying or reproduction; and 
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‘‘(4) identify the custodian to whom such mate-
rial shall be made available. 
‘‘(c) LIMITATION.—No such demand shall— 
‘‘(1) contain any requirement which would be 
held to be unreasonable if contained in a subpoena 
duces tecum issued by a court of the United States 
in aid of a grand jury investigation of such alleged 
racketeering violation; or 
‘‘(2) require the production of any documentary 
evidence which would be privileged from disclosure if 
demanded by a subpoena duces tecum issued by a 
court of the United States in aid of a grand jury in-
vestigation of such alleged racketeering violation. 
‘‘(d) SERVICE.—Service of any such demand or any 
petition filed under this section may be made upon a per-
son by— 
‘‘(1) delivering a duly executed copy thereof to 
any partner, executive officer, managing agent, or 
general agent thereof, or to any agent thereof au-
thorized by appointment or by law to receive service 
of process on behalf of such person, or upon any in-
dividual person; 
‘‘(2) delivering a duly executed copy thereof to 
the principal office or place of business of the person 
to be served; or 
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‘‘(3) depositing such copy in the United States 
mail, by registered or certified mail duly addressed 
to such person at its principal office or place of busi-
ness. 
‘‘(e) RETURN.—A verified return by the individual 
serving any such demand or petition setting forth the 
manner of such service shall be prima facie proof of such 
service. In the case of service by registered or certified 
mail, such return shall be accompanied by the return post 
office receipt of delivery of such demand. 
‘‘(f) DOCUMENT CUSTODIAN.— 
‘‘(1) The Attorney General shall designate a 
racketeering investigator to serve as racketeer docu-
ment custodian, and such additional racketeering in-
vestigators as the Attorney General shall determine 
from time to time to be necessary to serve as depu-
ties to such officer. 
‘‘(2) Any person upon whom any demand issued 
under this section has been duly served shall make 
such material available for inspection and copying or 
reproduction to the custodian designated therein at 
the principal place of business of such person, or at 
such other place as such custodian and such person 
thereafter may agree and prescribe in writing or as 
the court may direct, pursuant to this section on the 
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return date specified in such demand, or on such 
later date as such custodian may prescribe in writ-
ing. Such person may upon written agreement be-
tween such person and the custodian substitute for 
copies of all or any part of such material originals 
thereof. 
‘‘(3) The custodian to whom any documentary 
material is so delivered shall take physical possession 
thereof, and shall be responsible for the use made 
thereof and for the return thereof pursuant to this 
chapter. The custodian may cause the preparation of 
such copies of such documentary material as may be 
required for official use under regulations which 
shall be promulgated by the Attorney General. While 
in the possession of the custodian, no material so 
produced shall be available for examination, without 
the consent of the person who produced such mate-
rial, by any individual other than the Attorney Gen-
eral. Under such reasonable terms and conditions as 
the Attorney General shall prescribe, documentary 
material while in the possession of the custodian 
shall be available for examination by the person who 
produced such material or any duly authorized rep-
resentatives of such person. 
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‘‘(4) Whenever any attorney has been des-
ignated to appear on behalf of the United States be-
fore any court or grand jury in any case or pro-
ceeding involving any alleged violation of this chap-
ter, the custodian may deliver to such attorney such 
documentary material in the possession of the custo-
dian as such attorney determines to be required for 
use in the presentation of such case or proceeding 
on behalf of the United States. Upon the conclusion 
of any such case or proceeding, such attorney shall 
return to the custodian any documentary material so 
withdrawn which has not passed into the control of 
such court or grand jury through the introduction 
thereof into the record of such case or proceeding. 
‘‘(5) Upon the completion of— 
‘‘(A) the racketeering investigation for 
which any documentary material was produced 
under this subchapter, and 
‘‘(B) any case or proceeding arising from 
such investigation, 
the custodian shall return to the person who pro-
duced such material all such material other than 
copies thereof made by the Attorney General pursu-
ant to this subsection which has not passed into the 
control of any court or grand jury through the intro-
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duction thereof into the record of such case or pro-
ceeding. 
‘‘(6) When any documentary material has been 
produced by any person under this section for use in 
any racketeering investigation, and no such case or 
proceeding arising therefrom has been instituted 
within a reasonable time after completion of the ex-
amination and analysis of all evidence assembled in 
the course of such investigation, such person shall be 
entitled, upon written demand made upon the Attor-
ney General, to the return of all documentary mate-
rial other than copies thereof made pursuant to this 
subsection so produced by such person. 
‘‘(7) In the event of the death, disability, or 
separation from service of the custodian of any docu-
mentary material produced under any demand 
issued under this section or the official relief of such 
custodian from responsibility for the custody and 
control of such material, the Attorney General shall 
promptly— 
‘‘(A) designate another racketeering inves-
tigator to serve as custodian thereof, and 
‘‘(B) transmit notice in writing to the per-
son who produced such material as to the iden-
tity and address of the successor so designated. 
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Any successor so designated shall have with regard 
to such materials all duties and responsibilities im-
posed by this section upon the predecessor custodian 
with regard thereto, except that the successor shall 
not be held responsible for any default or dereliction 
which occurred before the successor’s designation as 
custodian. 
‘‘(g) ENFORCEMENT PETITION.—Whenever any per-
son fails to comply with any civil investigative demand 
duly served upon him under this section or whenever satis-
factory copying or reproduction of any such material can-
not be done and such person refuses to surrender such 
material, the Attorney General may file, in the district 
court of the United States for any judicial district in which 
such person resides, is found, or transacts business, and 
serve upon such person a petition for an order of such 
court for the enforcement of this section, except that if 
such person transacts business in more than one such dis-
trict such petition shall be filed in the district in which 
such person maintains his principal place of business, or 
in such other district in which such person transacts busi-
ness as may be agreed upon by the parties to such peti-
tion. 
‘‘(h) MODIFICATION OR SETTING ASIDE.—Within 20 
days after the service of any such demand upon any per-
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son, or at any time before the return date specified in the 
demand, whichever period is shorter, such person may file, 
in the district court of the United States for the judicial 
district within which such person resides, is found, or 
transacts business, and serve upon such custodian a peti-
tion for an order of such court modifying or setting aside 
such demand. The time allowed for compliance with the 
demand in whole or in part as deemed proper and ordered 
by the court shall not run during the pendency of such 
petition in the court. Such petition shall specify each 
ground upon which the petitioner relies in seeking such 
relief, and may be based upon any failure of such demand 
to comply with the provisions of this section or upon any 
constitutional or other legal right or privilege of such per-
son. 
‘‘(i) ORDERING CUSTODIAN TO PERFORM DUTY.— 
At any time during which any custodian is in custody or 
control of any documentary material delivered by any per-
son in compliance with any such demand, such person may 
file, in the district court of the United States for the judi-
cial district within which the office of such custodian is 
situated, and serve upon such custodian a petition for an 
order of such court requiring the performance by such cus-
todian of any duty imposed upon him by this section. 
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‘‘(j) JURISDICTION.—Whenever any petition is filed 
in any district court of the United States under this sec-
tion, such court shall have jurisdiction to hear and deter-
mine the matter so presented, and to enter such order or 
orders as may be required to carry into effect the provi-
sions of this section. 
‘‘SUBCHAPTER C—CRIMINAL STREET GANGS 
‘‘521. Criminal street gangs. 
‘‘§ 521. Criminal street gangs 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘conviction’ includes a finding, 
under State or Federal law, that a person has com-
mitted an act of juvenile delinquency involving a vio-
lent or controlled substances felony; and 
‘‘(2) the term ‘criminal street gang’ means an 
ongoing group, club, organization, or association of 
5 or more persons— 
‘‘(A) that has as 1 of its primary purposes 
the commission of 1 or more of the criminal of-
fenses described in subsection (c); 
‘‘(B) the members of which engage, or 
have engaged within the past 5 years, in a con-
tinuing series of offenses described in sub-
section (c); and 
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‘‘(C) the activities of which affect inter-
state or foreign commerce. 
‘‘(b) PENALTY.—The sentence of a person convicted 
of an offense described in subsection (c) shall be increased 
by not more than 10 years if the offense is committed 
under the circumstances described in subsection (d). 
‘‘(c) OFFENSES.—The offenses described in this sec-
tion are— 
‘‘(1) a Federal felony involving a controlled sub-
stance for which the maximum penalty is not less 
than 5 years; 
‘‘(2) a Federal felony crime of violence that has 
as an element the use or attempted use of physical 
force against the person of another; and 
‘‘(3) a conspiracy to commit an offense de-
scribed in paragraph (1) or (2). 
‘‘(d) CIRCUMSTANCES.—The circumstances described 
in this section are that the offense described in subsection 
(c) was committed by a person who— 
‘‘(1) participates in a criminal street gang with 
knowledge that its members engage in or have en-
gaged in a continuing series of offenses described in 
subsection (c); 
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‘‘(2) intends to promote or further the felonious 
activities of the criminal street gang or maintain or 
increase his or her position in the gang; and 
‘‘(3) has been convicted within the past 5 years 
for— 
‘‘(A) an offense described in subsection (c); 
‘‘(B) a State offense— 
‘‘(i) involving a controlled substance 
for which the maximum penalty is not less 
than 5 years imprisonment; or 
‘‘(ii) that is a felony crime of violence 
that has as an element the use or at-
tempted use of physical force against the 
person of another; 
‘‘(C) any Federal or State felony offense 
that by its nature involves a substantial risk 
that physical force against the person of an-
other may be used in the course of committing 
the offense; or 
‘‘(D) a conspiracy to commit an offense de-
scribed in subparagraph (A), (B), or (C). 
‘‘CHAPTER 21—ARSON, FIREARMS, 
EXPLOSIVES, AND WEAPONS CRIMES 
‘‘Subchapter 
‘‘A. Arson 
‘‘B. Firearms 
‘‘C. Explosives 
‘‘D. Importation, manufacture, distribution, and storage of Explosive Materials 
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‘‘E. Biological weapons 
‘‘F. Chemical weapons 
‘‘SUBCHAPTER A—ARSON 
‘‘571. Arson within special maritime and territorial jurisdiction. 
‘‘§ 571. Arson within special maritime and territorial 
jurisdiction 
‘‘Whoever, within the special maritime and territorial 
jurisdiction of the United States, willfully and maliciously 
sets fire to or burns any building, structure or vessel, any 
machinery or building materials or supplies, military or 
naval stores, munitions of war, or any structural aids or 
appliances for navigation or shipping shall be imprisoned 
for not more than 25 years. If the building is a dwelling 
or if the life of any person is placed in jeopardy, the of-
fender shall be imprisoned for any term of years or for 
life. 
‘‘SUBCHAPTER B—FIREARMS 
‘‘581. Definitions. 
‘‘582. Unlawful Acts. 
‘‘583. Licensing. 
‘‘584. Penalties. 
‘‘585. Exceptions: relief from disabilities. 
‘‘586. Remedy for erroneous denial of firearm. 
‘‘587. Rules and regulations. 
‘‘588. Interstate transportation of firearms. 
‘‘589. Carrying of concealed firearms by qualified law enforcement officers. 
‘‘590. Carrying of concealed firearms by qualified retired law enforcement offi-
cers. 
‘‘591. Use of restricted ammunition. 
‘‘592. Possession of firearms and dangerous weapons in Federal facilities. 
‘‘593. Prohibition on purchase, ownership, or possession of body armor by vio-
lent felons. 
‘‘§ 581. Definitions 
‘‘For the purposes of this subchapter— 
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‘‘(1) The term ‘firearm’ means (A) any weapon 
(including a starter gun) which will or is designed to 
or may readily be converted to expel a projectile by 
the action of an explosive; (B) the frame or receiver 
of any such weapon; (C) any firearm muffler or fire-
arm silencer; or (D) any destructive device. Such 
term does not include an antique firearm. 
‘‘(2) The term ‘destructive device’ means— 
‘‘(A) any explosive, incendiary, or poison 
gas— 
‘‘(i) bomb, 
‘‘(ii) grenade, 
‘‘(iii) rocket having a propellant 
charge of more than four ounces, 
‘‘(iv) missile having an explosive or in-
cendiary charge of more than one-quarter 
ounce, 
‘‘(v) mine, or 
‘‘(vi) device similar to any of the de-
vices described in the preceding clauses; 
‘‘(B) any type of weapon (other than a 
shotgun or a shotgun shell which the Attorney 
General finds is generally recognized as particu-
larly suitable for sporting purposes) by what-
ever name known which will, or which may be 
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readily converted to, expel a projectile by the 
action of an explosive or other propellant, and 
which has any barrel with a bore of more than 
one-half inch in diameter; and 
‘‘(C) any combination of parts either de-
signed or intended for use in converting any de-
vice into any destructive device described in 
subparagraph (A) or (B) and from which a de-
structive device may be readily assembled. 
Such term does not include any device which is nei-
ther designed nor redesigned for use as a weapon; 
any device, although originally designed for use as a 
weapon, which is redesigned for use as a signaling, 
pyrotechnic, line throwing, safety, or similar device; 
surplus ordnance sold, loaned, or given by the Sec-
retary of the Army pursuant to section 4684(2), 
4685, or 4686 of title 10; or any other device which 
the Attorney General finds is not likely to be used 
as a weapon, is an antique, or is a rifle which the 
owner intends to use solely for sporting, recreational 
or cultural purposes. 
‘‘(3) The term ‘shotgun’ means a weapon de-
signed or redesigned, made or remade, and intended 
to be fired from the shoulder and designed or rede-
signed and made or remade to use the energy of an 
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explosive to fire through a smooth bore either a 
number of ball shot or a single projectile for each 
single pull of the trigger. 
‘‘(4) The term ‘short-barreled shotgun’ means a 
shotgun having one or more barrels less than eight-
een inches in length and any weapon made from a 
shotgun (whether by alteration, modification or oth-
erwise) if such a weapon as modified has an overall 
length of less than twenty-six inches. 
‘‘(5) The term ‘rifle’ means a weapon designed 
or redesigned, made or remade, and intended to be 
fired from the shoulder and designed or redesigned 
and made or remade to use the energy of an explo-
sive to fire only a single projectile through a rifled 
bore for each single pull of the trigger. 
‘‘(6) The term ‘short-barreled rifle’ means a 
rifle having one or more barrels less than sixteen 
inches in length and any weapon made from a rifle 
(whether by alteration, modification, or otherwise) if 
such weapon, as modified, has an overall length of 
less than twenty-six inches. 
‘‘(7) The term ‘importer’ means any person en-
gaged in the business of importing or bringing fire-
arms or ammunition into the United States for pur-
poses of sale or distribution; and the term ‘licensed 
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importer’ means any such person licensed under this 
chapter. 
‘‘(8) The term ‘manufacturer’ means any per-
son engaged in the business of manufacturing fire-
arms or ammunition for purposes of sale or distribu-
tion; and the term ‘licensed manufacturer’ means 
any such person licensed under this chapter. 
‘‘(9) The term ‘dealer’ means (A) any person 
engaged in the business of selling firearms at whole-
sale or retail, (B) any person engaged in the busi-
ness of repairing firearms or of making or fitting 
special barrels, stocks, or trigger mechanisms to fire-
arms, or (C) any person who is a pawnbroker. The 
term ‘licensed dealer’ means any dealer who is li-
censed under this chapter. 
‘‘(10) The term ‘pawnbroker’ means any person 
whose business or occupation includes the taking or 
receiving, by way of pledge or pawn, of any firearm 
as security for the payment or repayment of money. 
‘‘(11) The term ‘collector’ means any person 
who acquires, holds, or disposes of firearms as curios 
or relics, as the Attorney General shall by regulation 
define, and the term ‘licensed collector’ means any 
such person licensed under this chapter. 
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‘‘(12) The term ‘indictment’ includes an indict-
ment or information in any court under which a 
crime punishable by imprisonment for a term ex-
ceeding one year may be prosecuted. 
‘‘(13) The term ‘fugitive from justice’ means 
any person who has fled from any State to avoid 
prosecution for a crime or to avoid giving testimony 
in any criminal proceeding. 
‘‘(14) The term ‘antique firearm’ means— 
‘‘(A) any firearm (including any firearm 
with a matchlock, flintlock, percussion cap, or 
similar type of ignition system) manufactured 
in or before 1898; or 
‘‘(B) any replica of any firearm described 
in subparagraph (A) if such replica— 
‘‘(i) is not designed or redesigned for 
using rimfire or conventional centerfire 
fixed ammunition; or 
‘‘(ii) uses rimfire or conventional 
centerfire fixed ammunition which is no 
longer manufactured in the United States 
and which is not readily available in the 
ordinary channels of commercial trade; or 
‘‘(C) any muzzle loading rifle, muzzle load-
ing shotgun, or muzzle loading pistol, which is 
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designed to use black powder, or a black powder 
substitute, and which cannot use fixed ammuni-
tion. For purposes of this subparagraph, the 
term ‘antique firearm’ shall not include any 
weapon which incorporates a firearm frame or 
receiver, any firearm which is converted into a 
muzzle loading weapon, or any muzzle loading 
weapon which can be readily converted to fire 
fixed ammunition by replacing the barrel, bolt, 
breechblock, or any combination thereof. 
‘‘(15)(A) The term ‘ammunition’ means ammu-
nition or cartridge cases, primers, bullets, or propel-
lent powder designed for use in any firearm. 
‘‘(B) The term ‘armor piercing ammunition’ 
means— 
‘‘(i) a projectile or projectile core which 
may be used in a handgun and which is con-
structed entirely (excluding the presence of 
traces of other substances) from one or a com-
bination of tungsten alloys, steel, iron, brass, 
bronze, beryllium copper, or depleted uranium; 
or 
‘‘(ii) a full jacketed projectile larger than 
.22 caliber designed and intended for use in a 
handgun and whose jacket has a weight of more 
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than 25 percent of the total weight of the pro-
jectile. 
‘‘(C) The term ‘armor piercing ammunition’ 
does not include shotgun shot required by Federal or 
State environmental or game regulations for hunting 
purposes, a frangible projectile designed for target 
shooting, a projectile which the Attorney General 
finds is primarily intended to be used for sporting 
purposes, or any other projectile or projectile core 
which the Attorney General finds is intended to be 
used for industrial purposes, including a charge used 
in an oil and gas well perforating device. 
‘‘(16) The term ‘published ordinance’ means a 
published law of any political subdivision of a State 
which the Attorney General determines to be rel-
evant to the enforcement of this subchapter and 
which is contained on a list compiled by the Attor-
ney General, which list shall be published in the 
Federal Register, revised annually, and furnished to 
each licensee under this subchapter. 
‘‘(17) The term ‘crime punishable by imprison-
ment for a term exceeding one year’ does not in-
clude— 
‘‘(A) any Federal or State offenses per-
taining to antitrust violations, unfair trade 
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practices, restraints of trade, or other similar 
offenses relating to the regulation of business 
practices, or 
‘‘(B) any State offense classified by the 
laws of the State as a misdemeanor and punish-
able by a term of imprisonment of two years or 
less. 
What constitutes a conviction of such a crime shall 
be determined in accordance with the law of the ju-
risdiction in which the proceedings were held. Any 
conviction which has been expunged, or set aside or 
for which a person has been pardoned or has had 
civil rights restored shall not be considered a convic-
tion for purposes of this subchapter, unless such 
pardon, expungement, or restoration of civil rights 
expressly provides that the person may not ship, 
transport, possess, or receive firearms. 
‘‘(18) The term ‘engaged in the business’ 
means— 
‘‘(A) as applied to a manufacturer of fire-
arms, a person who devotes time, attention, and 
labor to manufacturing firearms as a regular 
course of trade or business with the principal 
objective of livelihood and profit through the 
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sale or distribution of the firearms manufac-
tured; 
‘‘(B) as applied to a manufacturer of am-
munition, a person who devotes time, attention, 
and labor to manufacturing ammunition as a 
regular course of trade or business with the 
principal objective of livelihood and profit 
through the sale or distribution of the ammuni-
tion manufactured; 
‘‘(C) as applied to a dealer in firearms, as 
defined in paragraph (9)(A), a person who de-
votes time, attention, and labor to dealing in 
firearms as a regular course of trade or busi-
ness with the principal objective of livelihood 
and profit through the repetitive purchase and 
resale of firearms, but such term does not in-
clude a person who makes occasional sales, ex-
changes, or purchases of firearms for the en-
hancement of a personal collection or for a 
hobby, or who sells all or part of his personal 
collection of firearms; 
‘‘(D) as applied to a dealer in firearms, as 
defined in paragraph (9)(B), a person who de-
votes time, attention, and labor to engaging in 
such activity as a regular course of trade or 
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business with the principal objective of liveli-
hood and profit, but such term does not include 
a person who makes occasional repairs of fire-
arms, or who occasionally fits special barrels, 
stocks, or trigger mechanisms to firearms; 
‘‘(E) as applied to an importer of firearms, 
a person who devotes time, attention, and labor 
to importing firearms as a regular course of 
trade or business with the principal objective of 
livelihood and profit through the sale or dis-
tribution of the firearms imported; and 
‘‘(F) as applied to an importer of ammuni-
tion, a person who devotes time, attention, and 
labor to importing ammunition as a regular 
course of trade or business with the principal 
objective of livelihood and profit through the 
sale or distribution of the ammunition im-
ported. 
‘‘(19) The term ‘with the principal objective of 
livelihood and profit’ means that the intent under-
lying the sale or disposition of firearms is predomi-
nantly one of obtaining livelihood and pecuniary 
gain, as opposed to other intents, such as improving 
or liquidating a personal firearms collection, but 
proof of profit is not required as to a person who en-
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gages in the regular and repetitive purchase and dis-
position of firearms for criminal purposes or ter-
rorism. In this paragraph, the term ‘terrorism’ 
means activity, directed against United States per-
sons, which— 
‘‘(A) is committed by an individual who is 
not a national or permanent resident alien of 
the United States; 
‘‘(B) involves violent acts or acts dan-
gerous to human life which would be a criminal 
violation if committed within the jurisdiction of 
the United States; and 
‘‘(C) is intended— 
‘‘(i) to intimidate or coerce a civilian 
population; 
‘‘(ii) to influence the policy of a gov-
ernment by intimidation or coercion; or 
‘‘(iii) to affect the conduct of a gov-
ernment by assassination or kidnapping. 
‘‘(20) The term ‘machinegun’ has the meaning 
given such term in section 5845(b) of the National 
Firearms Act. 
‘‘(21) The terms ‘firearm silencer’ and ‘firearm 
muffler’ mean any device for silencing, muffling, or 
diminishing the report of a portable firearm, includ-
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ing any combination of parts, designed or rede-
signed, and intended for use in assembling or fabri-
cating a firearm silencer or firearm muffler, and any 
part intended only for use in such assembly or fab-
rication. 
‘‘(22) The term ‘school zone’ means— 
‘‘(A) in, or on the grounds of, a public, pa-
rochial or private school; or 
‘‘(B) within a distance of 1,000 feet from 
the grounds of a public, parochial or private 
school. 
‘‘(23) The term ‘school’ means a school which 
provides elementary or secondary education, as de-
termined under State law. 
‘‘(24) The term ‘motor vehicle’ has the meaning 
given such term in section 13102 of title 49. 
‘‘(25) The term ‘semiautomatic rifle’ means any 
repeating rifle which utilizes a portion of the energy 
of a firing cartridge to extract the fired cartridge 
case and chamber the next round, and which re-
quires a separate pull of the trigger to fire each car-
tridge. 
‘‘(26) The term ‘handgun’ means— 
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‘‘(A) a firearm which has a short stock and 
is designed to be held and fired by the use of 
a single hand; and 
‘‘(B) any combination of parts from which 
a firearm described in subparagraph (A) can be 
assembled. 
‘‘(27) The term ‘intimate partner’ means, with 
respect to a person, the spouse of the person, a 
former spouse of the person, an individual who is a 
parent of a child of the person, and an individual 
who cohabitates or has cohabited with the person. 
‘‘(28)(A) The term ‘misdemeanor crime of do-
mestic violence’ means an offense that— 
‘‘(i) is a misdemeanor under Federal, 
State, or Tribal law; and 
‘‘(ii) has, as an element, the use or at-
tempted use of physical force, or the threatened 
use of a deadly weapon, committed by a current 
or former spouse, parent, or guardian of the 
victim, by a person with whom the victim 
shares a child in common, by a person who is 
cohabiting with or has cohabited with the victim 
as a spouse, parent, or guardian, or by a person 
similarly situated to a spouse, parent, or guard-
ian of the victim. 
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‘‘(B)(i) A person shall not be considered to have 
been convicted of such an offense for purposes of 
this subchapter, unless— 
‘‘(I) the person was represented by counsel 
in the case, or knowingly and intelligently 
waived the right to counsel in the case; and 
‘‘(II) in the case of a prosecution for an of-
fense described in this paragraph for which a 
person was entitled to a jury trial in the juris-
diction in which the case was tried, either— 
‘‘(aa) the case was tried by a jury; or 
‘‘(bb) the person knowingly and intel-
ligently waived the right to have the case 
tried by a jury, by guilty plea or otherwise. 
‘‘(ii) A person shall not be considered to have 
been convicted of such an offense for purposes of 
this subchapter if the conviction has been expunged 
or set aside, or is an offense for which the person 
has been pardoned or has had civil rights restored 
(if the law of the applicable jurisdiction provides for 
the loss of civil rights under such an offense) unless 
the pardon, expungement, or restoration of civil 
rights expressly provides that the person may not 
ship, transport, possess, or receive firearms. 
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‘‘(29) The term ‘secure gun storage or safety 
device’ means— 
‘‘(A) a device that, when installed on a 
firearm, is designed to prevent the firearm from 
being operated without first deactivating the de-
vice; 
‘‘(B) a device incorporated into the design 
of the firearm that is designed to prevent the 
operation of the firearm by anyone not having 
access to the device; or 
‘‘(C) a safe, gun safe, gun case, lock box, 
or other device that is designed to be or can be 
used to store a firearm and that is designed to 
be unlocked only by means of a key, a combina-
tion, or other similar means. 
‘‘(30) The term ‘body armor’ means any prod-
uct sold or offered for sale, in interstate or foreign 
commerce, as personal protective body covering in-
tended to protect against gunfire, regardless of 
whether the product is to be worn alone or is sold 
as a complement to another product or garment. 
‘‘(31) A member of the Armed Forces on active 
duty is a resident of the State in which his perma-
nent duty station is located. 
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‘‘§ 582. Unlawful Acts 
‘‘(a) REGULATORY OFFENSES.—It shall be unlaw-
ful— 
‘‘(1) for any person— 
‘‘(A) except a licensed importer, licensed 
manufacturer, or licensed dealer, to engage in 
the business of importing, manufacturing, or 
dealing in firearms, or in the course of such 
business to ship, transport, or receive any fire-
arm in interstate or foreign commerce; or 
‘‘(B) except a licensed importer or licensed 
manufacturer, to engage in the business of im-
porting or manufacturing ammunition, or in the 
course of such business, to ship, transport, or 
receive any ammunition in interstate or foreign 
commerce; 
‘‘(2) for any importer, manufacturer, dealer, or 
collector licensed under this chapter to ship or trans-
port in interstate or foreign commerce any firearm 
to any person other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed col-
lector, except that— 
‘‘(A) this paragraph and subsection (b)(3) 
shall not be held to preclude a licensed im-
porter, licensed manufacturer, licensed dealer, 
or licensed collector from returning a firearm or 
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replacement firearm of the same kind and type 
to a person from whom it was received; and this 
paragraph does not preclude an individual from 
mailing a firearm owned in compliance with 
Federal, State, and local law to a licensed im-
porter, licensed manufacturer, licensed dealer, 
or licensed collector; 
‘‘(B) this paragraph does not preclude a li-
censed importer, licensed manufacturer, or li-
censed dealer from depositing a firearm for con-
veyance in the mails to any officer, employee, 
agent, or watchman who, pursuant to section 
950, is eligible to receive through the mails pis-
tols, revolvers, and other firearms capable of 
being concealed on the person, for use in con-
nection with his official duty; and 
‘‘(C) nothing in this paragraph shall be 
construed as applying in any manner in the 
District of Columbia, the Commonwealth of 
Puerto Rico, or any possession of the United 
States differently than it would apply if the 
District of Columbia, the Commonwealth of 
Puerto Rico, or the possession were in fact a 
State of the United States; 
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‘‘(3) for any person, other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector to transport into or receive in the 
State where he resides (or if the person is a corpora-
tion or other business entity, the State where it 
maintains a place of business) any fire arm pur-
chased or otherwise obtained by such person outside 
that State, except that this paragraph— 
‘‘(A) does not preclude any person who 
lawfully acquires a firearm by bequest or intes-
tate succession in a State other than his State 
of residence from transporting the firearm into 
or receiving it in that State, if it is lawful for 
such person to purchase or possess such fire-
arm in that State; 
‘‘(B) does not apply to the transportation 
or receipt of a firearm obtained in conformity 
with subsection (b)(3); and 
‘‘(C) does not apply to the transportation 
of any firearm acquired in any State before De-
cember 16, 1968; 
‘‘(4) for any person, other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector, to transport in interstate or foreign 
commerce any destructive device, machinegun, short- 
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barreled shotgun, or short-barreled rifle, except as 
specifically authorized by the Attorney General con-
sistent with public safety and necessity; 
‘‘(5) for any person (other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector) to transfer, sell, trade, give, trans-
port, or deliver any firearm to any person (other 
than a licensed importer, licensed manufacturer, li-
censed dealer, or licensed collector) who the trans-
feror knows or has reasonable cause to believe does 
not reside in (or if the person is a corporation or 
other business entity, does not maintain a place of 
business in) the State in which the transferor re-
sides; except that this paragraph does not apply to 
(A) the transfer, transportation, or delivery of a fire-
arm made to carry out a bequest of a firearm to, or 
an acquisition by intestate succession of a firearm 
by, a person who is permitted to acquire or possess 
a firearm under the laws of the State of his resi-
dence, and (B) the loan or rental of a firearm to any 
person for temporary use for lawful sporting pur-
poses; 
‘‘(6) for any person in connection with the ac-
quisition or attempted acquisition of any firearm or 
ammunition from a licensed importer, licensed man-
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ufacturer, licensed dealer, or licensed collector, 
knowingly to make any false or fictitious oral or 
written statement or to furnish or exhibit any false, 
fictitious, or misrepresented identification, intended 
or likely to deceive such importer, manufacturer, 
dealer, or collector with respect to any fact material 
to the lawfulness of the sale or other disposition of 
such firearm or ammunition under this chapter; 
‘‘(7) for any person to manufacture or import 
armor piercing ammunition, unless— 
‘‘(A) the manufacture of such ammunition 
is for the use of the United States, any depart-
ment or agency of the United States, any State, 
or any department, agency, or political subdivi-
sion of a State; 
‘‘(B) the manufacture of such ammunition 
is for the purpose of exportation; or 
‘‘(C) the manufacture or importation of 
such ammunition is for the purpose of testing 
or experimentation and has been authorized by 
the Attorney General; 
‘‘(8) for any manufacturer or importer to sell or 
deliver armor piercing ammunition, unless such sale 
or delivery— 
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‘‘(A) is for the use of the United States, 
any department or agency of the United States, 
any State, or any department, agency, or polit-
ical subdivision of a State; 
‘‘(B) is for the purpose of exportation; or 
‘‘(C) is for the purpose of testing or ex-
perimentation and has been authorized by the 
Attorney General; and 
‘‘(9) for any person, other than a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector, who does not reside in any State to 
receive any firearms unless such receipt is for lawful 
sporting purposes. 
‘‘(b) LICENSEE OFFENSES.—It shall be unlawful for 
any licensed importer, licensed manufacturer, licensed 
dealer, or licensed collector to sell or deliver— 
‘‘(1) any firearm or ammunition to any indi-
vidual who the licensee knows or has reasonable 
cause to believe is less than eighteen years of age, 
and, if the firearm, or ammunition is other than a 
shotgun or rifle, or ammunition for a shotgun or 
rifle, to any individual who the licensee knows or has 
reasonable cause to believe is less than twenty-one 
years of age; 
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‘‘(2) any firearm to any person in any State 
where the purchase or possession by such person of 
such firearm would be in violation of any State law 
or any published ordinance applicable at the place of 
sale, delivery or other disposition, unless the licensee 
knows or has reasonable cause to believe that the 
purchase or possession would not be in violation of 
such State law or such published ordinance; 
‘‘(3) any firearm to any person who the licensee 
knows or has reasonable cause to believe does not 
reside in (or if the person is a corporation or other 
business entity, does not maintain a place of busi-
ness in) the State in which the licensee’s place of 
business is located, except that this paragraph (A) 
does not apply to the sale or delivery of any rifle or 
shotgun to a resident of a State other than a State 
in which the licensee’s place of business is located if 
the transferee meets in person with the transferor to 
accomplish the transfer, and the sale, delivery, and 
receipt fully comply with the legal conditions of sale 
in both such States (and any licensed manufacturer, 
importer or dealer shall be presumed, for purposes 
of this subparagraph, in the absence of evidence to 
the contrary, to have had actual knowledge of the 
State laws and published ordinances of both States), 
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316 
and (B) does not apply to the loan or rental of a 
firearm to any person for temporary use for lawful 
sporting purposes; 
‘‘(4) to any person any destructive device, ma-
chinegun, short-barreled shotgun, or short-barreled 
rifle, except as specifically authorized by the Attor-
ney General consistent with public safety and neces-
sity; and 
‘‘(5) any firearm or armor-piercing ammunition 
to any person unless the licensee notes in his 
records, required to be kept pursuant to section 583, 
the name, age, and place of residence of such person 
if the person is an individual, or the identity and 
principal and local places of business of such person 
if the person is a corporation or other business enti-
ty. 
Paragraphs (1), (2), (3), and (4) of this subsection does 
not apply to transactions between licensed importers, li-
censed manufacturers, licensed dealers, and licensed col-
lectors. Paragraph (4) of this subsection does not apply 
to a sale or delivery to any research organization des-
ignated by the Attorney General. 
‘‘(c) BACKGROUND CHECK FOR PERSONS NOT AP-
PEARING IN PERSON.—In any case not otherwise prohib-
ited by this chapter, a licensed importer, licensed manu-
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317 
facturer, or licensed dealer may sell a firearm to a person 
who does not appear in person at the licensee’s business 
premises (other than another licensed importer, manufac-
turer, or dealer) only if— 
‘‘(1) the transferee submits to the transferor a 
sworn statement in the following form: 
‘Subject to penalties provided by law, I swear that, in the 
case of any firearm other than a shotgun or a rifle, I am 
twenty-one years or more of age, or that, in the case of 
a shotgun or a rifle, I am eighteen years or more of age; 
that I am not prohibited by the provisions of subchapter 
B of chapter 21 of title 18, United States Code, from re-
ceiving a firearm in interstate or foreign commerce; and 
that my receipt of this firearm will not be in violation of 
any statute of the State and published ordinance applica-
ble to the locality in which I reside. Further, the true title, 
name, and address of the principal law enforcement officer 
of the locality to which the firearm will be delivered are 
— — — — — — — — — — — — — — — — — 
— — — — — — — — — — — — — Signature — 
— — — — — — — — — Date — — — —.’ and con-
taining blank spaces for the attachment of a true copy 
of any permit or other information required pursuant to 
such statute or published ordinance; 
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‘‘(2) the transferor has, prior to the shipment 
or delivery of the firearm, forwarded by registered or 
certified mail (return receipt requested) a copy of 
the sworn statement, together with a description of 
the firearm, in a form prescribed by the Attorney 
General, to the chief law enforcement officer of the 
transferee’s place of residence, and has received a 
return receipt evidencing delivery of the statement 
or has had the statement returned due to the refusal 
of the named addressee to accept such letter in ac-
cordance with United States Post Office Department 
regulations; and 
‘‘(3) the transferor has delayed shipment or de-
livery for a period of at least seven days following 
receipt of the notification of the acceptance or re-
fusal of delivery of the statement. 
A copy of the sworn statement and a copy of the notifica-
tion to the local law enforcement officer, together with evi-
dence of receipt or rejection of that notification shall be 
retained by the licensee as a part of the records required 
to be kept under section 583(g). 
‘‘(d) SALES
AND DISPOSITIONS
TO PROHIBITED 
CLASSES OF PERSONS.—It shall be unlawful for any per-
son to sell or otherwise dispose of any firearm or ammuni-
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319 
tion to any person knowing or having reasonable cause to 
believe that such person— 
‘‘(1) is under indictment for, or has been con-
victed in any court of, a crime punishable by impris-
onment for a term exceeding one year; 
‘‘(2) is a fugitive from justice; 
‘‘(3) is an unlawful user of or addicted to any 
controlled substance; 
‘‘(4) has been adjudicated as a mental defective 
or has been committed to any mental institution; 
‘‘(5) is an alien and— 
‘‘(A) is illegally or unlawfully in the United 
States; or 
‘‘(B) except as provided in subsection 
(y)(2), has been admitted to the United States 
under a nonimmigrant visa (as that term is de-
fined in section 101(a)(26) of the Immigration 
and Nationality Act); 
‘‘(6) has been discharged from the Armed 
Forces under dishonorable conditions; 
‘‘(7) was a citizen of the United States, and has 
renounced that citizenship; 
‘‘(8) is subject to a court order that restrains 
such person from harassing, stalking, or threatening 
an intimate partner of such person or child of such 
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320 
intimate partner or person, or engaging in other 
conduct that would place an intimate partner in rea-
sonable fear of bodily injury to the partner or child, 
except that this paragraph shall only apply to a 
court order that— 
‘‘(A) was issued after a hearing of which 
such person received actual notice, and at which 
such person had the opportunity to participate; 
and 
‘‘(B)(i) includes a finding that such person 
represents a credible threat to the physical safe-
ty of such intimate partner or child; or 
‘‘(ii) by its terms explicitly prohibits the 
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child 
that would reasonably be expected to cause bod-
ily injury; or 
‘‘(9) has been convicted in any court of a mis-
demeanor crime of domestic violence. 
This subsection does not apply with respect to the sale 
or disposition of a firearm or ammunition to a licensed 
importer, licensed manufacturer, licensed dealer, or li-
censed collector who pursuant to subsection (b) of section 
585 is not precluded from dealing in firearms or ammuni-
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PWALKER on DSK7TPTVN1PROD with BILLS
321 
tion, or to a person who has been granted relief from dis-
abilities pursuant to subsection (c) of section 585. 
‘‘(e) NOTICE TO CARRIER.—It shall be unlawful for 
any person knowingly to deliver or cause to be delivered 
to any common or contract carrier for transportation or 
shipment in interstate or foreign commerce, to persons 
other than licensed importers, licensed manufacturers, li-
censed dealers, or licensed collectors, any package or other 
container in which there is any firearm or ammunition 
without written notice to the carrier that such firearm or 
ammunition is being transported or shipped; except that 
any passenger who owns or legally possesses a firearm or 
ammunition being transported aboard any common or con-
tract carrier for movement with the passenger in inter-
state or foreign commerce may deliver said firearm or am-
munition into the custody of the pilot, captain, conductor 
or operator of such common or contract carrier for the 
duration of the trip without violating this chapter. No 
common or contract carrier shall require or cause any 
label, tag, or other written notice to be placed on the out-
side of any package, luggage, or other container that such 
package, luggage, or other container contains a firearm. 
‘‘(f) COMMON OR CONTRACT CARRIER OFFENSES.— 
‘‘(1) It shall be unlawful for any common or 
contract carrier to transport or deliver in interstate 
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PWALKER on DSK7TPTVN1PROD with BILLS
322 
or foreign commerce any firearm or ammunition 
with knowledge or reasonable cause to believe that 
the shipment transportation, or receipt thereof 
would be in violation of this subchapter. 
‘‘(2) It shall be unlawful for any common or 
contract carrier to deliver in interstate or foreign 
commerce any firearm without obtaining written ac-
knowledgement of receipt from the recipient of the 
package or other container in which there is a fire-
arm. 
‘‘(g) PROHIBITIONS ON FIREARM-RELATED ACTIVI-
TIES BY CERTAIN PERSONS.—It shall be unlawful for any 
person— 
‘‘(1) who has been convicted in any court of, a 
crime punishable by imprisonment for a term ex-
ceeding one year; 
‘‘(2) who is a fugitive from justice; 
‘‘(3) who is an unlawful user of or addicted to 
any controlled substance; 
‘‘(4) who has been adjudicated as a mental de-
fective or who has been committed to a mental insti-
tution; 
‘‘(5) who, being an alien— 
‘‘(A) is illegally or unlawfully in the United 
States; or 
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323 
‘‘(B) except as provided in subsection 
(y)(2), has been admitted to the United States 
under a nonimmigrant visa (as that term is de-
fined in section 101(a)(26) of the Immigration 
and Nationality Act); 
‘‘(6) who has been discharged from the Armed 
Forces under dishonorable conditions; 
‘‘(7) who, having been a citizen of the United 
States, has renounced his citizenship; 
‘‘(8) who is subject to a court order that— 
‘‘(A) was issued after a hearing of which 
such person received actual notice, and at which 
such person had an opportunity to participate; 
‘‘(B) restrains such person from harassing, 
stalking, or threatening an intimate partner of 
such person or child of such intimate partner or 
person, or engaging in other conduct that would 
place an intimate partner in reasonable fear of 
bodily injury to the partner or child; and 
‘‘(C)(i) includes a finding that such person 
represents a credible threat to the physical safe-
ty of such intimate partner or child; or 
‘‘(ii) by its terms explicitly prohibits the 
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child 
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PWALKER on DSK7TPTVN1PROD with BILLS
324 
that would reasonably be expected to cause bod-
ily injury; or 
‘‘(9) who has been convicted in any court of a 
misdemeanor crime of domestic violence, 
to ship or transport in interstate or foreign commerce, or 
possess in or affecting commerce, any firearm or ammuni-
tion; or to receive any firearm or ammunition which has 
been shipped or transported in interstate or foreign com-
merce. 
‘‘(h) EMPLOYEE OFFENSE.—It shall be unlawful for 
any individual, who to that individual’s knowledge and 
while being employed for any person described in any 
paragraph of subsection (g) of this section, in the course 
of such employment— 
‘‘(1) to receive, possess, or transport any fire-
arm or ammunition in or affecting interstate or for-
eign commerce; or 
‘‘(2) to receive any firearm or ammunition 
which has been shipped or transported in interstate 
or foreign commerce. 
‘‘(i) TRANSPORT OF STOLEN FIREARMS AND AMMU-
NITION.—It shall be unlawful for any person to transport 
or ship in interstate or foreign commerce, any stolen fire-
arms or stolen ammunition, knowing or having reasonable 
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325 
cause to believe that the firearm or ammunition was sto-
len. 
‘‘(j) POSSESSION
AND DISPOSITION
OF STOLEN 
FIREARMS AND AMMUNITION.—It shall be unlawful for 
any person to receive, possess, conceal, store, barter, sell, 
or dispose of any stolen firearm or stolen ammunition, or 
pledge or accept as security for a loan any stolen firearm 
or stolen ammunition, which is moving as, which is a part 
of, which constitutes, or which has been shipped or trans-
ported in, interstate or foreign commerce, either before or 
after it was stolen, knowing or having reasonable cause 
to believe that the firearm or ammunition was stolen. 
‘‘(k) SERIAL NUMBER OFFENSE.—It shall be unlaw-
ful for any person knowingly to transport, ship, or receive, 
in interstate or foreign commerce, any firearm which has 
had the importer’s or manufacturer’s serial number re-
moved, obliterated, or altered or to possess or receive any 
firearm which has had the importer’s or manufacturer’s 
serial number removed, obliterated, or altered and has, at 
any time, been shipped or transported in interstate or for-
eign commerce. 
‘‘(l) IMPORTATION.—Except as provided in section 
585(d), it shall be unlawful for any person knowingly to 
import or bring into the United States or any possession 
thereof any firearm or ammunition; and it shall be unlaw-
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PWALKER on DSK7TPTVN1PROD with BILLS
326 
ful for any person knowingly to receive any firearm or am-
munition which has been imported or brought into the 
United States or any possession thereof in violation of this 
subchapter. 
‘‘(m) FALSE ENTRY.—It shall be unlawful for any 
licensed importer, licensed manufacturer, licensed dealer, 
or licensed collector knowingly to make any false entry in, 
to fail to make appropriate entry in, or to fail to properly 
maintain, any record which he is required to keep pursu-
ant to section 583 or regulations promulgated thereunder. 
‘‘(n) INDICTED PERSONS.—It shall be unlawful for 
any person who is under indictment for a crime punishable 
by imprisonment for a term exceeding one year to ship 
or transport in interstate or foreign commerce any firearm 
or ammunition or receive any firearm or ammunition 
which has been shipped or transported in interstate or for-
eign commerce. 
‘‘(o) TRANSFER
OR
POSSESSION
OF
MACHINE-
GUNS.— 
‘‘(1) Except as provided in paragraph (2), it 
shall be unlawful for any person to transfer or pos-
sess a machinegun. 
‘‘(2) This subsection does not apply with re-
spect to— 
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PWALKER on DSK7TPTVN1PROD with BILLS
327 
‘‘(A) a transfer to or by, or possession by 
or under the authority of, the United States or 
any department or agency thereof or a State, or 
a department, agency, or political subdivision 
thereof; or 
‘‘(B) any lawful transfer or lawful posses-
sion of a machinegun that was lawfully pos-
sessed before the date this subsection takes ef-
fect. 
‘‘(p) NONDETECTABLE FIREARMS.— 
‘‘(1) It shall be unlawful for any person to man-
ufacture, import, sell, ship, deliver, possess, transfer, 
or receive any firearm— 
‘‘(A) that, after removal of grips, stocks, 
and magazines, is not as detectable as the Se-
curity Exemplar, by walk-through metal detec-
tors calibrated and operated to detect the Secu-
rity Exemplar; or 
‘‘(B) any major component of which, when 
subjected to inspection by the types of x-ray 
machines commonly used at airports, does not 
generate an image that accurately depicts the 
shape of the component. Barium sulfate or 
other compounds may be used in the fabrication 
of the component. 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(2) For purposes of this subsection— 
‘‘(A) the term ‘firearm’ does not include 
the frame or receiver of any such weapon; 
‘‘(B) the term ‘major component’ means, 
with respect to a firearm, the barrel, the slide 
or cylinder, or the frame or receiver of the fire-
arm; and 
‘‘(C) the term ‘Security Exemplar’ means 
an object, to be fabricated at the direction of 
the Attorney General, that is— 
‘‘(i) constructed of, during the 12- 
month period beginning on the date of the 
enactment of this subsection, 3.7 ounces of 
material type 17–4 PH stainless steel in a 
shape resembling a handgun; and 
‘‘(ii) suitable for testing and cali-
brating metal detectors; 
but, at the close of such 12-month period, and 
at appropriate times thereafter the Attorney 
General shall prescribe regulations to permit 
the manufacture, importation, sale, shipment, 
delivery, possession, transfer, or receipt of fire-
arms previously prohibited under this subpara-
graph that are as detectable as a ‘Security Ex-
emplar’ which contains 3.7 ounces of material 
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type 17–4 PH stainless steel, in a shape resem-
bling a handgun, or such lesser amount as is 
detectable in view of advances in state-of-the- 
art developments in weapons detection tech-
nology. 
‘‘(3) Under such rules and regulations as the 
Attorney General shall prescribe, this subsection 
does not apply to the manufacture, possession, 
transfer, receipt, shipment, or delivery of a firearm 
by a licensed manufacturer or any person acting 
pursuant to a contract with a licensed manufacturer, 
for the purpose of examining and testing such fire-
arm to determine whether paragraph (1) applies to 
such firearm. The Attorney General shall ensure 
that rules and regulations adopted pursuant to this 
paragraph do not impair the manufacture of proto-
type firearms or the development of new technology. 
‘‘(4) The Attorney General shall permit the 
conditional importation of a firearm by a licensed 
importer or licensed manufacturer, for examination 
and testing to determine whether or not the uncon-
ditional importation of such firearm would violate 
this subsection. 
‘‘(5) This subsection does not apply to any fire-
arm which— 
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PWALKER on DSK7TPTVN1PROD with BILLS
330 
‘‘(A) has been certified by the Secretary of 
Defense or the Director of Central Intelligence, 
after consultation with the Attorney General 
and the Administrator of the Federal Aviation 
Administration, as necessary for military or in-
telligence applications; and 
‘‘(B) is manufactured for and sold exclu-
sively to military or intelligence agencies of the 
United States. 
‘‘(6) This subsection does not apply with re-
spect to any firearm manufactured in, imported into, 
or possessed in the United States before the date of 
the enactment of the Undetectable Firearms Act of 
1988. 
‘‘(q) SCHOOL ZONES.— 
‘‘(1) The Congress finds and declares that— 
‘‘(A) crime, particularly crime involving 
drugs and guns, is a pervasive, nationwide 
problem; 
‘‘(B) crime at the local level is exacerbated 
by the interstate movement of drugs, guns, and 
criminal gangs; 
‘‘(C) firearms and ammunition move easily 
in interstate commerce and have been found in 
increasing numbers in and around schools, as 
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PWALKER on DSK7TPTVN1PROD with BILLS
331 
documented in numerous hearings in both the 
Committee on the Judiciary of the House of 
Representatives and the Committee on the Ju-
diciary of the Senate; 
‘‘(D) in fact, even before the sale of a fire-
arm, the gun, its component parts, ammunition, 
and the raw materials from which they are 
made have considerably moved in interstate 
commerce; 
‘‘(E) while criminals freely move from 
State to State, ordinary citizens and foreign 
visitors may fear to travel to or through certain 
parts of the country due to concern about vio-
lent crime and gun violence, and parents may 
decline to send their children to school for the 
same reason; 
‘‘(F) the occurrence of violent crime in 
school zones has resulted in a decline in the 
quality of education in our country; 
‘‘(G) this decline in the quality of edu-
cation has an adverse impact on interstate com-
merce and the foreign commerce of the United 
States; 
‘‘(H) States, localities, and school systems 
find it almost impossible to handle gun-related 
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PWALKER on DSK7TPTVN1PROD with BILLS
332 
crime by themselves—even States, localities, 
and school systems that have made strong ef-
forts to prevent, detect, and punish gun-related 
crime find their efforts unavailing due in part 
to the failure or inability of other States or lo-
calities to take strong measures; and 
‘‘(I) the Congress has the power, under the 
interstate commerce clause and other provisions 
of the Constitution, to enact measures to ensure 
the integrity and safety of the Nation’s schools 
by enactment of this subsection. 
‘‘(2)(A) It shall be unlawful for any individual 
knowingly to possess a firearm that has moved in or 
that otherwise affects interstate or foreign commerce 
at a place that the individual knows, or has reason-
able cause to believe, is a school zone. 
‘‘(B) Subparagraph (A) does not apply to the 
possession of a firearm— 
‘‘(i) on private property not part of school 
grounds; 
‘‘(ii) if the individual possessing the fire-
arm is licensed to do so by the State in which 
the school zone is located or a political subdivi-
sion of the State, and the law of the State or 
political subdivision requires that, before an in-
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dividual obtains such a license, the law enforce-
ment authorities of the State or political sub-
division verify that the individual is qualified 
under law to receive the license; 
‘‘(iii) that is— 
‘‘(I) not loaded; and 
‘‘(II) in a locked container, or a 
locked firearms rack that is on a motor ve-
hicle; 
‘‘(iv) by an individual for use in a program 
approved by a school in the school zone; 
‘‘(v) by an individual in accordance with a 
contract entered into between a school in the 
school zone and the individual or an employer 
of the individual; 
‘‘(vi) by a law enforcement officer acting in 
his or her official capacity; or 
‘‘(vii) that is unloaded and is possessed by 
an individual while traversing school premises 
for the purpose of gaining access to public or 
private lands open to hunting, if the entry on 
school premises is authorized by school authori-
ties. 
‘‘(3)(A) Except as provided in subparagraph 
(B), it shall be unlawful for any person, knowingly 
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334 
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 entered into between a school in a 
school zone and the individual or an employer 
of the individual; or 
‘‘(iv) by a law enforcement officer acting in 
his or her official capacity. 
‘‘(r) IMPORTATION OF PARTS.—It shall be unlawful 
for any person to assemble from imported parts any semi-
automatic rifle or any shotgun which is identical to any 
rifle or shotgun prohibited from importation under section 
585(d)(3) as not being particularly suitable for or readily 
adaptable to sporting purposes except that this subsection 
does not apply to— 
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335 
‘‘(1) the assembly of any such rifle or shotgun 
for sale or distribution by a licensed manufacturer to 
the United States or any department or agency 
thereof or to any State or any department, agency, 
or political subdivision thereof; or 
‘‘(2) the assembly of any such rifle or shotgun 
for the purposes of testing or experimentation au-
thorized by the Attorney General. 
‘‘(s) BACKGROUND CHECK FOR HANDGUNS.— 
‘‘(1) Beginning on the date that is 90 days 
after the date of enactment of this subsection and 
ending on the day before the date that is 60 months 
after such date of enactment, it shall be unlawful for 
any licensed importer, licensed manufacturer, or li-
censed dealer to sell, deliver, or transfer a handgun 
(other than the return of a handgun to the person 
from whom it was received) to an individual who is 
not licensed under section 583, unless— 
‘‘(A) after the most recent proposal of such 
transfer by the transferee— 
‘‘(i) the transferor has— 
‘‘(I) received from the transferee 
a statement of the transferee con-
taining the information described in 
paragraph (3); 
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336 
‘‘(II) verified the identity of the 
transferee by examining the identifica-
tion document presented; 
‘‘(III) within 1 day after the 
transferee furnishes the statement, 
provided notice of the contents of the 
statement to the chief law enforce-
ment 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 trans-
feree; and 
‘‘(ii)(I) 5 business days (meaning days 
on which State offices are open) have 
elapsed from the date the transferor fur-
nished 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 en-
forcement officer that receipt or possession 
of the handgun by the transferee would be 
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PWALKER on DSK7TPTVN1PROD with BILLS
337 
in violation of Federal, State, or local law; 
or 
‘‘(II) the transferor has received no-
tice from the chief law enforcement officer 
that the officer has no information indi-
cating 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 officer of the place of res-
idence of the transferee during the 10-day pe-
riod ending on the date of the most recent pro-
posal of such transfer by the transferee, stating 
that the transferee requires access to a hand-
gun because of a threat to the life of the trans-
feree or of any member of the household of the 
transferee; 
‘‘(C)(i) the transferee has presented to the 
transferor a permit that— 
‘‘(I) allows the transferee to possess 
or 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 
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369 
‘‘(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 requirements of this sub-
chapter— 
‘‘(I) not more than once during any 
12-month period; or 
‘‘(II) at any time with respect to 
records relating to a firearm involved in a 
criminal investigation that is traced to the 
licensee; or 
‘‘(iii) when such inspection or examination 
may be required for determining the disposition 
of one or more particular firearms in the course 
of a bona fide criminal investigation. 
‘‘(C) The Attorney General may inspect the in-
ventory and records of a licensed collector without 
such reasonable cause or warrant— 
‘‘(i) for ensuring compliance with the 
record keeping requirements of this subchapter 
not more than once during any twelve-month 
period; or 
‘‘(ii) when such inspection or examination 
may be required for determining the disposition 
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PWALKER on DSK7TPTVN1PROD with BILLS