338 
‘‘(ii) the law of the State provides that 
such a permit is to be issued only after an au-
thorized government official has verified that 
the information available to such official does 
not indicate that possession of a handgun by 
the transferee would be in violation of the law; 
‘‘(D) the law of the State requires that, be-
fore any licensed importer, licensed manufac-
turer, or licensed dealer completes the transfer 
of a handgun to an individual who is not li-
censed under section 583, an authorized gov-
ernment official verify that the information 
available to such official does not indicate that 
possession of a handgun by the transferee 
would be in violation of law; 
‘‘(E) the Attorney General has approved 
the transfer under section 5812 of the Internal 
Revenue Code of 1986; or 
‘‘(F) on application of the transferor, the 
Attorney General has certified that compliance 
with subparagraph (A)(i)(III) is impracticable 
because— 
‘‘(i) the ratio of the number of law en-
forcement officers of the State in which 
the transfer is to occur to the number of 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00338
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
339 
square miles of land area of the State does 
not exceed 0.0025; 
‘‘(ii) the business premises of the 
transferor at which the transfer is to occur 
are extremely remote in relation to the 
chief law enforcement officer; and 
‘‘(iii) there is an absence of tele-
communications 
facilities 
in 
the 
geo-
graphical area in which the business prem-
ises are located. 
‘‘(2) A chief law enforcement officer to whom a 
transferor has provided notice pursuant to para-
graph (1)(A)(i)(III) shall make a reasonable effort 
to ascertain within 5 business days whether receipt 
or possession would be in violation of the law, in-
cluding research in whatever State and local record-
keeping systems are available and in a national sys-
tem designated by the Attorney General. 
‘‘(3) The statement referred to in paragraph 
(1)(A)(i)(I) shall contain only— 
‘‘(A) the name, address, and date of birth 
appearing on a valid identification document 
(as defined in section 783(d)(3)) of the trans-
feree containing a photograph of the transferee 
and a description of the identification used; 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00339
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
340 
‘‘(B) a statement that the transferee— 
‘‘(i) is not under indictment for, and 
has not been convicted in any court of, a 
crime punishable by imprisonment for a 
term exceeding 1 year, and has not been 
convicted in any court of a misdemeanor 
crime of domestic violence; 
‘‘(ii) is not a fugitive from justice; 
‘‘(iii) is not an unlawful user of or ad-
dicted to any controlled substance; 
‘‘(iv) has not been adjudicated as a 
mental defective or been committed to a 
mental institution; 
‘‘(v) is not an alien who— 
‘‘(I) is illegally or unlawfully in 
the United States; or 
‘‘(II) subject to subsection (y)(2), 
has been admitted to the United 
States under a nonimmigrant visa (as 
that term is defined in section 
101(a)(26) of the Immigration and 
Nationality Act); 
‘‘(vi) has not been discharged from 
the Armed Forces under dishonorable con-
ditions; and 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00340
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
341 
‘‘(vii) is not a person who, having 
been a citizen of the United States, has re-
nounced such citizenship; 
‘‘(C) the date the statement is made; and 
‘‘(D) notice that the transferee intends to 
obtain a handgun from the transferor. 
‘‘(4) Any transferor of a handgun who, after 
such transfer, receives a report from a chief law en-
forcement officer containing information that receipt 
or possession of the handgun by the transferee vio-
lates Federal, State, or local law shall, within 1 busi-
ness day after receipt of such request, communicate 
any information related to the transfer that the 
transferor has about the transfer and the transferee 
to— 
‘‘(A) the chief law enforcement officer of 
the place of business of the transferor; and 
‘‘(B) the chief law enforcement officer of 
the place of residence of the transferee. 
‘‘(5) Any transferor who receives information, 
not otherwise available to the public, in a report 
under this subsection shall not disclose such infor-
mation except to the transferee, to law enforcement 
authorities, or pursuant to the direction of a court 
of law. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00341
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
342 
‘‘(6)(A) Any transferor who sells, delivers, or 
otherwise transfers a handgun to a transferee shall 
retain the copy of the statement of the transferee 
with respect to the handgun transaction, and shall 
retain evidence that the transferor has complied with 
subclauses (III) and (IV) of paragraph (1)(A)(i) 
with respect to the statement. 
‘‘(B) Unless the chief law enforcement officer to 
whom a statement is transmitted under paragraph 
(1)(A)(i)(IV) determines that a transaction would 
violate Federal, State, or local law— 
‘‘(i) the officer shall, within 20 business 
days after the date the transferee made the 
statement on the basis of which the notice was 
provided, destroy the statement, any record 
containing information derived from the state-
ment, and any record created as a result of the 
notice required by paragraph (1)(A)(i)(III); 
‘‘(ii) the information contained in the 
statement shall not be conveyed to any person 
except a person who has a need to know in 
order to carry out this subsection; and 
‘‘(iii) the information contained in the 
statement shall not be used for any purpose 
other than to carry out this subsection. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00342
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
343 
‘‘(C) If a chief law enforcement officer deter-
mines that an individual is ineligible to receive a 
handgun and the individual requests the officer to 
provide the reason for such determination, the offi-
cer shall provide such reasons to the individual in 
writing within 20 business days after receipt of the 
request. 
‘‘(7) A chief law enforcement officer or other 
person responsible for providing criminal history 
background information pursuant to this subsection 
shall not be liable in an action at law for damages— 
‘‘(A) for failure to prevent the sale or 
transfer of a handgun to a person whose receipt 
or possession of the handgun is unlawful under 
this section; or 
‘‘(B) for preventing such a sale or transfer 
to a person who may lawfully receive or possess 
a handgun. 
‘‘(8) For purposes of this subsection, the term 
‘chief law enforcement officer’ means the chief of po-
lice, the sheriff, or an equivalent officer or the des-
ignee of any such individual. 
‘‘(9) The Attorney General shall take necessary 
actions to ensure that the provisions of this sub-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00343
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
344 
section are published and disseminated to licensed 
dealers, law enforcement officials, and the public. 
‘‘(t) INSTANT BACKGROUND CHECK.— 
‘‘(1) Beginning on the date that is 30 days 
after the Attorney General notifies licensees under 
section 103(d) of the Brady Handgun Violence Pre-
vention Act that the national instant criminal back-
ground check system is established, a licensed im-
porter, licensed manufacturer, or licensed dealer 
shall not transfer a firearm to any other person who 
is not licensed under this chapter, unless— 
‘‘(A) before the completion of the transfer, 
the licensee contacts the national instant crimi-
nal background check system established under 
section 103 of that Act; 
‘‘(B)(i) the system provides the licensee 
with a unique identification number; or 
‘‘(ii) 3 business days (meaning a day on 
which State offices are open) have elapsed since 
the licensee contacted the system, and the sys-
tem has not notified the licensee that the re-
ceipt of a firearm by such other person would 
violate subsection (g) or (n) of this section; and 
‘‘(C) the transferor has verified the iden-
tity of the transferee by examining a valid iden-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00344
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
345 
tification document (as defined in section 
783(d)) of the transferee containing a photo-
graph of the transferee. 
‘‘(2) If receipt of a firearm would not violate 
subsection (g) or (n) or State law, the system 
shall— 
‘‘(A) assign a unique identification number 
to the transfer; 
‘‘(B) provide the licensee with the number; 
and 
‘‘(C) destroy all records of the system with 
respect to the call (other than the identifying 
number and the date the number was assigned) 
and all records of the system relating to the 
person or the transfer. 
‘‘(3) Paragraph (1) does not apply to a firearm 
transfer between a licensee and another person if— 
‘‘(A)(i) such other person has presented to 
the licensee a permit that— 
‘‘(I) allows such other person to pos-
sess or acquire a firearm; and 
‘‘(II) was issued not more than 5 
years earlier by the State in which the 
transfer is to take place; and 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00345
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
346 
‘‘(ii) the law of the State provides that 
such a permit is to be issued only after an au-
thorized government official has verified that 
the information available to such official does 
not indicate that possession of a firearm by 
such other person would be in violation of law; 
‘‘(B) the Attorney General has approved 
the transfer under section 5812 of the Internal 
Revenue Code of 1986; or 
‘‘(C) on application of the transferor, the 
Attorney General has certified that compliance 
with paragraph (1)(A) is impracticable be-
cause— 
‘‘(i) the ratio of the number of law en-
forcement officers of the State in which 
the transfer is to occur to the number of 
square miles of land area of the State does 
not exceed 0.0025; 
‘‘(ii) the business premises of the li-
censee at which the transfer is to occur are 
extremely remote in relation to the chief 
law enforcement officer (as defined in sub-
section (s)(8)); and 
‘‘(iii) there is an absence of tele-
communications 
facilities 
in 
the 
geo-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00346
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
347 
graphical area in which the business prem-
ises are located. 
‘‘(4) If the national instant criminal back-
ground check system notifies the licensee that the 
information available to the system does not dem-
onstrate that the receipt of a firearm by such other 
person would violate subsection (g) or (n) or State 
law, and the licensee transfers a firearm to such 
other person, the licensee shall include in the record 
of the transfer the unique identification number pro-
vided by the system with respect to the transfer. 
‘‘(5) If the licensee knowingly transfers a fire-
arm to such other person and knowingly fails to 
comply with paragraph (1) of this subsection with 
respect to the transfer and, at the time such other 
person most recently proposed the transfer, the na-
tional instant criminal background check system was 
operating and information was available to the sys-
tem demonstrating that receipt of a firearm by such 
other person would violate subsection (g) or (n) of 
this section or State law, the Attorney General may, 
after notice and opportunity for a hearing, suspend 
for not more than 6 months or revoke any license 
issued to the licensee under section 583, and may 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00347
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
348 
impose on the licensee a civil fine of not more than 
$5,000. 
‘‘(6) Neither a local government nor an em-
ployee of the Federal Government or of any State or 
local government, responsible for providing informa-
tion to the national instant criminal background 
check system shall be liable in an action at law for 
damages— 
‘‘(A) for failure to prevent the sale or 
transfer of a firearm to a person whose receipt 
or possession of the firearm is unlawful under 
this section; or 
‘‘(B) for preventing such a sale or transfer 
to a person who may lawfully receive or possess 
a firearm. 
‘‘(u) THEFT.—It shall be unlawful for a person to 
steal or unlawfully take or carry away from the person 
or the premises of a person who is licensed to engage in 
the business of importing, manufacturing, or dealing in 
firearms, any firearm in the licensee’s business inventory 
that has been shipped or transported in interstate or for-
eign commerce. 
‘‘(v) TRANSFERS TO JUVENILES.— 
‘‘(1) It shall be unlawful for a person to sell, 
deliver, or otherwise transfer to a person who the 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00348
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
349 
transferor knows or has reasonable cause to believe 
is a juvenile— 
‘‘(A) a handgun; or 
‘‘(B) ammunition that is suitable for use 
only in a handgun. 
‘‘(2) It shall be unlawful for any person who is 
a juvenile to knowingly possess— 
‘‘(A) a handgun; or 
‘‘(B) ammunition that is suitable for use 
only in a handgun. 
‘‘(3) This subsection does not apply to— 
‘‘(A) a temporary transfer of a handgun or 
ammunition to a juvenile or to the possession or 
use of a handgun or ammunition by a juvenile 
if the handgun and ammunition are possessed 
and used by the juvenile— 
‘‘(i) in the course of employment, in 
the course of ranching or farming related 
to activities at the residence of the juvenile 
(or on property used for ranching or farm-
ing at which the juvenile, with the permis-
sion of the property owner or lessee, is per-
forming activities related to the operation 
of the farm or ranch), target practice, 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00349
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
350 
hunting, or a course of instruction in the 
safe and lawful use of a handgun; 
‘‘(ii) with the prior written consent of 
the juvenile’s parent or guardian who is 
not prohibited by Federal, State, or local 
law from possessing a firearm, except— 
‘‘(I) during transportation by the 
juvenile of an unloaded handgun in a 
locked container directly from the 
place of transfer to a place at which 
an activity described in clause (i) is to 
take place and transportation by the 
juvenile of that handgun, unloaded 
and in a locked container, directly 
from the place at which such an activ-
ity took place to the transferor; or 
‘‘(II) with respect to ranching or 
farming activities as described in 
clause (i), a juvenile may possess and 
use a handgun or ammunition with 
the prior written approval of the juve-
nile’s parent or legal guardian and at 
the direction of an adult who is not 
prohibited by Federal, State or local 
law from possessing a firearm; or 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00350
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
351 
‘‘(iii) the juvenile has the prior writ-
ten consent in the juvenile’s possession at 
all times when a handgun is in the posses-
sion of the juvenile; and 
‘‘(iv) in accordance with State and 
local law; 
‘‘(B) a juvenile who is a member of the 
Armed Forces of the United States or the Na-
tional Guard who possesses or is armed with a 
handgun in the line of duty; 
‘‘(C) a transfer by inheritance of title (but 
not possession) of a handgun or ammunition to 
a juvenile; or 
‘‘(D) the possession of a handgun or am-
munition by a juvenile taken in defense of the 
juvenile or other persons against an intruder 
into the residence of the juvenile or a residence 
in which the juvenile is an invited guest. 
‘‘(4) A handgun or ammunition, the possession 
of which is transferred to a juvenile in circumstances 
in which the transferor is not in violation of this 
subsection shall not be subject to permanent confis-
cation by the Government if its possession by the ju-
venile subsequently becomes unlawful because of the 
conduct of the juvenile, but shall be returned to the 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00351
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
352 
lawful owner when such handgun or ammunition is 
no longer required by the Government for the pur-
poses of investigation or prosecution. 
‘‘(5) For purposes of this subsection, the term 
‘juvenile’ means a person who is less than 18 years 
of age. 
‘‘(6)(A) In a prosecution of a violation of this 
subsection, the court shall require the presence of a 
juvenile defendant’s parent or legal guardian at all 
proceedings. 
‘‘(B) The court may use the contempt power to 
enforce subparagraph (A). 
‘‘(C) The court may excuse attendance of a par-
ent or legal guardian of a juvenile defendant at a 
proceeding in a prosecution of a violation of this 
subsection for good cause shown. 
‘‘(w) PROVISIONS RELATING TO ALIENS ADMITTED 
UNDER NONIMMIGRANT VISAS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘alien’ has the same mean-
ing as in section 101(a)(3) of the Immigration 
and Nationality Act; and 
‘‘(B) the term ‘nonimmigrant visa’ has the 
same meaning as in section 101(a)(26) of the 
Immigration and Nationality Act. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00352
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
353 
‘‘(2) 
EXCEPTIONS.—Subsections 
(d)(5)(B), 
(g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any 
alien who has been lawfully admitted to the United 
States under a nonimmigrant visa, if that alien is— 
‘‘(A) admitted to the United States for 
lawful hunting or sporting purposes or is in 
possession of a hunting license or permit law-
fully issued in the United States; 
‘‘(B) an official representative of a foreign 
government who is— 
‘‘(i) accredited to the United States 
Government or the Government’s mission 
to an international organization having its 
headquarters in the United States; or 
‘‘(ii) en route to or from another 
country to which that alien is accredited; 
‘‘(C) an official of a foreign government or 
a distinguished foreign visitor who has been so 
designated by the Department of State; or 
‘‘(D) a foreign law enforcement officer of 
a friendly foreign government entering the 
United States on official law enforcement busi-
ness. 
‘‘(3) WAIVER.— 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00353
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
354 
‘‘(A) CONDITIONS FOR WAIVER.—Any indi-
vidual who has been admitted to the United 
States under a nonimmigrant visa may receive 
a waiver from the requirements of subsection 
(g)(5), if— 
‘‘(i) the individual submits to the At-
torney General a petition that meets the 
requirements of subparagraph (C); and 
‘‘(ii) the Attorney General approves 
the petition. 
‘‘(B) PETITION.—Each petition under sub-
paragraph (B) shall— 
‘‘(i) demonstrate that the petitioner 
has resided in the United States for a con-
tinuous period of not less than 180 days 
before the date on which the petition is 
submitted under this paragraph; and 
‘‘(ii) include a written statement from 
the embassy or consulate of the petitioner, 
authorizing the petitioner to acquire a fire-
arm or ammunition and certifying that the 
alien would not, absent the application of 
subsection (g)(5)(B), otherwise be prohib-
ited from such acquisition under subsection 
(g). 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00354
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
355 
‘‘(C) APPROVAL OF PETITION.—The Attor-
ney General shall approve a petition submitted 
in accordance with this paragraph, if the Attor-
ney General determines that waiving the re-
quirements of subsection (g)(5)(B) with respect 
to the petitioner— 
‘‘(i) would be in the interests of jus-
tice; and 
‘‘(ii) would not jeopardize the public 
safety. 
‘‘(x) SECURE GUN STORAGE OR SAFETY DEVICE.— 
‘‘(1) IN GENERAL.—Except as provided under 
paragraph (2), it shall be unlawful for any licensed 
importer, licensed manufacturer, or licensed dealer 
to sell, deliver, or transfer any handgun to any per-
son other than any person licensed under this chap-
ter, unless the transferee is provided with a secure 
gun storage or safety device (as defined in section 
581(29)) for that handgun. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
apply to— 
‘‘(A)(i) the manufacture for, transfer to, or 
possession by, the United States, a department 
or agency of the United States, a State, or a 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00355
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
356 
department, agency, or political subdivision of a 
State, of a handgun; or 
‘‘(ii) the transfer to, or possession by, a 
law enforcement officer employed by an entity 
referred to in clause (i) of a handgun for law 
enforcement purposes (whether on or off duty); 
or 
‘‘(B) the transfer to, or possession by, a 
rail police officer employed by a rail carrier and 
certified or commissioned as a police officer 
under the laws of a State of a handgun for pur-
poses of law enforcement (whether on or off 
duty); 
‘‘(C) the transfer to any person of a hand-
gun listed as a curio or relic by the Secretary 
pursuant to section 581(a)(13); or 
‘‘(D) the transfer to any person of a hand-
gun for which a secure gun storage or safety 
device is temporarily unavailable for the reasons 
described in the exceptions stated in section 
923(e), if the licensed manufacturer, licensed 
importer, or licensed dealer delivers to the 
transferee within 10 calendar days from the 
date of the delivery of the handgun to the 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00356
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
357 
transferee a secure gun storage or safety device 
for the handgun. 
‘‘(3) LIABILITY FOR USE.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, a person who has lawful 
possession and control of a handgun, and who 
uses a secure gun storage or safety device with 
the handgun, shall be entitled to immunity from 
a qualified civil liability action. 
‘‘(B) PROSPECTIVE ACTIONS.—A qualified 
civil liability action may not be brought in any 
Federal or State court. 
‘‘(C) DEFINED
TERM.—As used in this 
paragraph, the term ‘qualified civil liability ac-
tion’— 
‘‘(i) means a civil action brought by 
any person against a person described in 
subparagraph (A) for damages resulting 
from the criminal or unlawful misuse of 
the handgun by a third party, if— 
‘‘(I) the handgun was accessed 
by another person who did not have 
the permission or authorization of the 
person having lawful possession and 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00357
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
358 
control of the handgun to have access 
to it; and 
‘‘(II) at the time access was 
gained by the person not so author-
ized, the handgun had been made in-
operable by use of a secure gun stor-
age or safety device; and 
‘‘(ii) does not include an action 
brought against the person having lawful 
possession and control of the handgun for 
negligent entrustment or negligence per se. 
‘‘§ 583. Licensing 
‘‘(a) IN GENERAL.—No person shall engage in the 
business of importing, manufacturing, or dealing in fire-
arms, or importing or manufacturing ammunition, until 
he has filed an application with and received a license to 
do so from the Attorney General. The application shall 
be in such form and contain only that information nec-
essary to determine eligibility for licensing as the Attorney 
General shall by regulation prescribe and shall include a 
photograph and fingerprints of the applicant. Each appli-
cant shall pay a fee for obtaining such a license, a separate 
fee being required for each place in which the applicant 
is to do business, as follows: 
‘‘(1) If the applicant is a manufacturer— 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00358
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
359 
‘‘(A) of destructive devices, ammunition for 
destructive devices or armor piercing ammuni-
tion, a fee of $1,000 per year; 
‘‘(B) of firearms other than destructive de-
vices, a fee of $50 per year; or 
‘‘(C) of ammunition for firearms, other 
than ammunition for destructive devices or 
armor piercing ammunition, a fee of $10 per 
year. 
‘‘(2) If the applicant is an importer— 
‘‘(A) of destructive devices, ammunition for 
destructive devices or armor piercing ammuni-
tion, a fee of $1,000 per year; or 
‘‘(B) of firearms other than destructive de-
vices or ammunition for firearms other than de-
structive devices, or ammunition other than 
armor piercing ammunition, a fee of $50 per 
year. 
‘‘(3) If the applicant is a dealer— 
‘‘(A) in destructive devices or ammunition 
for destructive devices, a fee of $1,000 per year; 
or 
‘‘(B) who is not a dealer in destructive de-
vices, a fee of $200 for 3 years, except that the 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00359
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
360 
fee for renewal of a valid license shall be $90 
for 3 years. 
‘‘(b) COLLECTORS.—Any person desiring to be li-
censed as a collector shall file an application for such li-
cense with the Attorney General. The application shall be 
in such form and contain only that information necessary 
to determine eligibility as the Attorney General shall by 
regulation prescribe. The fee for such license shall be $10 
per year. Any license granted under this subsection shall 
only apply to transactions in curios and relics. 
‘‘(c) ISSUANCE.—Upon the filing of a proper applica-
tion and payment of the prescribed fee, the Attorney Gen-
eral shall issue to a qualified applicant the appropriate li-
cense which, subject to this chapter and other applicable 
provisions of law, shall entitle the licensee to transport, 
ship, and receive firearms and ammunition covered by 
such license in interstate or foreign commerce during the 
period stated in the license. Nothing in this chapter shall 
be construed to prohibit a licensed manufacturer, im-
porter, or dealer from maintaining and disposing of a per-
sonal collection of firearms, subject only to such restric-
tions as apply in this chapter to dispositions by a person 
other than a licensed manufacturer, importer, or dealer. 
If any firearm is so disposed of by a licensee within one 
year after its transfer from his business inventory into 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00360
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
361 
such licensee’s personal collection or if such disposition or 
any other acquisition is made for the purpose of willfully 
evading the restrictions placed upon licensees by this chap-
ter, then such firearm shall be deemed part of such licens-
ee’s business inventory, except that any licensed manufac-
turer, importer, or dealer who has maintained a firearm 
as part of a personal collection for one year and who sells 
or otherwise disposes of such firearm shall record the de-
scription of the firearm in a bound volume, containing the 
name and place of residence and date of birth of the trans-
feree if the transferee is an individual, or the identity and 
principal and local places of business of the transferee if 
the transferee is a corporation or other business entity, 
but no other recordkeeping shall be required. 
‘‘(d) REQUIREMENTS FOR GRANTING.— 
‘‘(1) Any application submitted under sub-
section (a) or (b) of this section shall be approved 
if— 
‘‘(A) the applicant is twenty-one years of 
age or over; 
‘‘(B) the applicant (including, in the case 
of a corporation, partnership, or association, 
any individual possessing, directly or indirectly, 
the power to direct or cause the direction of the 
management and policies of the corporation, 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00361
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
362 
partnership, or association) is not prohibited 
from transporting, shipping, or receiving fire-
arms or ammunition in interstate or foreign 
commerce under section 582(g) and (n); 
‘‘(C) the applicant has not willfully violated 
any of the provisions of this subchapter or reg-
ulations issued thereunder; 
‘‘(D) the applicant has not willfully failed 
to disclose any material information required, 
or has not made any false statement as to any 
material fact, in connection with his application; 
‘‘(E) the applicant has in a State (i) prem-
ises from which he conducts business subject to 
license under this chapter or from which he in-
tends to conduct such business within a reason-
able period of time, or (ii) in the case of a col-
lector, premises from which he conducts his col-
lecting subject to license under this chapter or 
from which he intends to conduct such col-
lecting within a reasonable period of time; 
‘‘(F) the applicant certifies that— 
‘‘(i) the business to be conducted 
under the license is not prohibited by State 
or local law in the place where the licensed 
premise is located; 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00362
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
363 
‘‘(ii)(I) within 30 days after the appli-
cation is approved the business will comply 
with the requirements of State and local 
law applicable to the conduct of the busi-
ness; and 
‘‘(II) the business will not be con-
ducted under the license until the require-
ments of State and local law applicable to 
the business have been met; and 
‘‘(iii) that the applicant has sent or 
delivered a form to be prescribed by the 
Attorney General, to the chief law enforce-
ment officer of the locality in which the 
premises are located, which indicates that 
the applicant intends to apply for a Fed-
eral firearms license; and 
‘‘(G) in the case of an application to be li-
censed as a dealer, the applicant certifies that 
secure gun storage or safety devices will be 
available at any place in which firearms are 
sold under the license to persons who are not 
licensees (subject to the exception that in any 
case in which a secure gun storage or safety de-
vice is temporarily unavailable because of theft, 
casualty loss, consumer sales, backorders from 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00363
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
364 
a manufacturer, or any other similar reason be-
yond the control of the licensee, the dealer shall 
not be considered to be in violation of the re-
quirement under this subparagraph to make 
available such a device). 
‘‘(2) The Attorney General must approve or 
deny an application for a license within the 60-day 
period beginning on the date it is received. If the At-
torney General fails to act within such period, the 
applicant may file an action under section 1361 of 
title 28 to compel the Attorney General to act. If the 
Attorney General approves an applicant’s applica-
tion, such applicant shall be issued a license upon 
the payment of the prescribed fee. 
‘‘(e) REVOCATION.—The Attorney General may, after 
notice and opportunity for hearing, revoke any license 
issued under this section if the holder of such license has 
willfully violated any provision of this subchapter or any 
rule or regulation prescribed by the Attorney General 
under this chapter or fails to have secure gun storage or 
safety devices available at any place in which firearms are 
sold under the license to persons who are not licensees 
(except that in any case in which a secure gun storage 
or safety device is temporarily unavailable because of 
theft, casualty loss, consumer sales, backorders from a 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00364
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
365 
manufacturer, or any other similar reason beyond the con-
trol of the licensee, the dealer shall not be considered to 
be in violation of the requirement to make available such 
a device). The Attorney General may, after notice and op-
portunity for hearing, revoke the license of a dealer who 
willfully transfers armor piercing ammunition. The Attor-
ney General’s action under this subsection may be re-
viewed only as provided in subsection (f) of this section. 
‘‘(f) ADVERSE ACTIONS.— 
‘‘(1) Any person whose application for a license 
is denied and any holder of a license which is re-
voked shall receive a written notice from the Attor-
ney General stating specifically the grounds upon 
which the application was denied or upon which the 
license was revoked. Any notice of a revocation of a 
license shall be given to the holder of such license 
before the effective date of the revocation. 
‘‘(2) If the Attorney General denies an applica-
tion for, or revokes, a license, he shall, upon request 
by the aggrieved party, promptly hold a hearing to 
review his denial or revocation. In the case of a rev-
ocation of a license, the Attorney General shall upon 
the request of the holder of the license stay the ef-
fective date of the revocation. A hearing held under 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00365
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
366 
this paragraph shall be held at a location convenient 
to the aggrieved party. 
‘‘(3) If after a hearing held under paragraph 
(2) the Attorney General decides not to reverse his 
decision to deny an application or revoke a license, 
the Attorney General shall give notice of his decision 
to the aggrieved party. The aggrieved party may at 
any time within sixty days after the date notice was 
given under this paragraph file a petition with the 
United States district court for the district in which 
he resides or has his principal place of business for 
a de novo judicial review of such denial or revoca-
tion. In a proceeding conducted under this sub-
section, the court may consider any evidence sub-
mitted by the parties to the proceeding whether or 
not such evidence was considered at the hearing held 
under paragraph (2). If the court decides that the 
Attorney General was not authorized to deny the ap-
plication or to revoke the license, the court shall 
order the Attorney General to take such action as 
may be necessary to comply with the judgment of 
the court. 
‘‘(4) If criminal proceedings are instituted 
against a licensee alleging any violation of this sub-
chapter or of rules or regulations prescribed under 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00366
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
367 
this subchapter, and the licensee is acquitted of such 
charges, or such proceedings are terminated, other 
than upon motion of the Government before trial 
upon such charges, the Attorney General shall be 
absolutely barred from denying or revoking any li-
cense granted under this chapter where such denial 
or revocation is based in whole or in part on the 
facts which form the basis of such criminal charges. 
No proceedings for the revocation of a license shall 
be instituted by the Attorney General more than one 
year after the filing of the indictment or informa-
tion. 
‘‘(g) RECORDKEEPING.— 
‘‘(1)(A) Each licensed importer, licensed manu-
facturer, and licensed dealer shall maintain such 
records of importation, production, shipment, re-
ceipt, sale, or other disposition of firearms at his 
place of business for such period, and in such form, 
as the Attorney General may by regulations pre-
scribe. Such importers, manufacturers, and dealers 
shall not be required to submit to the Attorney Gen-
eral reports and information with respect to such 
records and the contents thereof, except as expressly 
required by this section. The Attorney General, when 
he has reasonable cause to believe a violation of this 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00367
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
368 
subchapter has occurred and that evidence thereof 
may be found on such premises, may, upon dem-
onstrating such cause before a Federal magistrate 
judge and securing from such magistrate judge a 
warrant authorizing entry, enter during business 
hours the premises (including places of storage) of 
any licensed firearms importer, licensed manufac-
turer, licensed dealer, licensed collector, or any li-
censed importer or manufacturer of ammunition, for 
the purpose of inspecting or examining— 
‘‘(i) any records or documents required to 
be kept by such licensed importer, licensed 
manufacturer, licensed dealer, or licensed col-
lector under this chapter or rules or regulations 
under this chapter, and 
‘‘(ii) any firearms or ammunition kept or 
stored by such licensed importer, licensed man-
ufacturer, licensed dealer, or licensed collector, 
at such premises. 
‘‘(B) The Attorney General may inspect or ex-
amine the inventory and records of a licensed im-
porter, licensed manufacturer, or licensed dealer 
without such reasonable cause or warrant— 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00368
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
370 
of one or more particular firearms in the course 
of a bona fide criminal investigation. 
‘‘(D) At the election of a licensed collector, the 
annual inspection of records and inventory permitted 
under this paragraph shall be performed at the of-
fice of the Attorney General designated for such in-
spections which is located in closest proximity to the 
premises where the inventory and records of such li-
censed collector are maintained. The inspection and 
examination authorized by this paragraph shall not 
be construed as authorizing the Attorney General to 
seize any records or other documents other than 
those records or documents constituting material 
evidence of a violation of law. If the Attorney Gen-
eral seizes such records or documents, copies shall 
be provided the licensee within a reasonable time. 
The Attorney General may make available to any 
Federal, State, or local law enforcement agency any 
information which he may obtain by reason of this 
subchapter with respect to the identification of per-
sons prohibited from purchasing or receiving fire-
arms or ammunition who have purchased or received 
firearms or ammunition, together with a description 
of such firearms or ammunition, and he may provide 
information to the extent such information may be 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00370
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
371 
contained in the records required to be maintained 
by this chapter, when so requested by any Federal, 
State, or local law enforcement agency. 
‘‘(2) Each licensed collector shall maintain in a 
bound volume the nature of which the Attorney Gen-
eral may by regulations prescribe, records of the re-
ceipt, sale, or other disposition of firearms. Such 
records shall include the name and address of any 
person to whom the collector sells or otherwise dis-
poses of a firearm. Such collector shall not be re-
quired to submit to the Attorney General reports 
and information with respect to such records and 
the contents thereof, except as expressly required by 
this section. 
‘‘(3)(A) Each licensee shall prepare a report of 
multiple sales or other dispositions whenever the li-
censee sells or otherwise disposes of, at one time or 
during any five consecutive business days, two or 
more pistols, or revolvers, or any combination of pis-
tols and revolvers totalling two or more, to an unli-
censed person. The report shall be prepared on a 
form specified by the Attorney General and for-
warded to the office specified thereon and to the de-
partment of State police or State law enforcement 
agency of the State or local law enforcement agency 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00371
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
372 
of the local jurisdiction in which the sale or other 
disposition took place, not later than the close of 
business on the day that the multiple sale or other 
disposition occurs. 
‘‘(B) Except in the case of forms and contents 
thereof regarding a purchaser who is prohibited by 
subsection (g) or (n) of section 582 from receipt of 
a firearm, the department of State police or State 
law enforcement agency or local law enforcement 
agency of the local jurisdiction shall not disclose any 
such form or the contents thereof to any person or 
entity, and shall destroy each such form and any 
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. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00372
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
373 
‘‘(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. 
‘‘(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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00373
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
374 
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-
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00374
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
375 
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. 
‘‘(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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00375
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
376 
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 
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. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00376
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
377 
‘‘(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 
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; 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00377
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
378 
‘‘(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. 
‘‘(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-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00378
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
379 
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, ex-
cept that a juvenile described in clause (ii) shall be 
sentenced to probation on appropriate conditions 
and shall not be incarcerated unless the juvenile fails 
to comply with a condition of probation. 
‘‘(ii) A juvenile is described in this clause if— 
‘‘(I) the offense of which the juvenile is 
charged is possession of a handgun or ammuni-
tion in violation of section 582(x)(2); and 
‘‘(II) the juvenile has not been convicted in 
any court of an offense (including an offense 
under section 582(x) or a similar State law, but 
not including any other offense consisting of 
conduct that if engaged in by an adult would 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00379
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
380 
not constitute an offense) or adjudicated as a 
juvenile delinquent for conduct that if engaged 
in by an adult would constitute an offense. 
‘‘(B) A person other than a juvenile who know-
ingly violates section 582(x)— 
‘‘(i) shall be imprisoned not more than 1 
year; and 
‘‘(ii) if the person sold, delivered, or other-
wise transferred a handgun or ammunition to a 
juvenile knowing or having reasonable cause to 
know that the juvenile intended to carry or oth-
erwise possess or discharge or otherwise use the 
handgun or ammunition in the commission of a 
crime of violence, shall be imprisoned not more 
than 10 years. 
‘‘(7) Whoever knowingly violates section 594 
shall be 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. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00380
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
381 
‘‘(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, 
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— 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00381
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
382 
‘‘(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 con-
viction under this subsection, the person shall— 
‘‘(i) be sentenced to a term of imprison-
ment of not less than 25 years; and 
‘‘(ii) if the firearm involved is a machine-
gun or a destructive device, or is equipped with 
a firearm silencer or firearm muffler, be sen-
tenced to imprisonment 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 sub-
section; and 
‘‘(ii) no term of imprisonment imposed on 
a person under this subsection shall run concur-
rently with any other term of imprisonment im-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00382
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
383 
posed on the person, including any term of im-
prisonment imposed for the crime of violence or 
drug trafficking crime during which the firearm 
was used, carried, or possessed. 
‘‘(2) For purposes of this subsection, the term 
‘drug 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 person or property of another, or 
‘‘(B) that by its nature, involves a substan-
tial risk that physical force against the person 
or property of another may be used in the 
course of committing the offense. 
‘‘(4) For purposes of this subsection, the term 
‘brandish’ means, with respect to a firearm, to dis-
play all or part of the firearm, or otherwise make 
the presence of the firearm known to another per-
son, in order to intimidate that person, regardless of 
whether the firearm is directly visible to that person. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00383
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
384 
‘‘(5) Except to the extent that a greater min-
imum sentence is otherwise provided under 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 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 sec-
tion— 
‘‘(A) be sentenced to a term of imprison-
ment of not less than 15 years; and 
‘‘(B) if death results from the use of such 
ammunition be punished as provided in section 
101. 
‘‘(d) 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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00384
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
385 
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 
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. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00385
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
386 
‘‘(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. 
‘‘(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— 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00386
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
387 
‘‘(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 
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00387
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
388 
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 
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00388
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
389 
‘‘(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)), 
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. 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00389
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
390 
‘‘(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— 
‘‘(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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00390
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
391 
‘‘(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, 
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00391
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
392 
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— 
‘‘(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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00392
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
393 
‘‘(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. 
‘‘(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-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00393
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
394 
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. 
‘‘(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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00394
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
395 
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-
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00395
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
396 
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-
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-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00396
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
397 
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) 
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-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00397
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
398 
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 
‘‘(2) all handguns, listed as curios or relics by 
the Attorney General pursuant to section 581(11), 
provided that such handguns are generally recog-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00398
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
399 
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 
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00399
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
400 
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 
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00400
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
401 
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-
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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00401
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
402 
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, 
any violation of law, and has statutory powers of ar-
rest or apprehension under section 807(b) of title 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00402
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
403 
10, United States Code (article 7(b) of the Uniform 
Code of Military Justice); 
‘‘(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 that identifies the employee as a police 
officer or law enforcement officer of the agency. 
‘‘(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; 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00403
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
404 
‘‘(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 or apprehension under section 807(b) of title 10, 
United States Code (article 7(b) of the Uniform Code of 
Military Justice). 
‘‘§ 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-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00404
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
405 
forcement officer and who is carrying the identification re-
quired by subsection (c) may carry a concealed firearm 
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 or apprehension 
under section 807(b) of title 10, United States Code 
(article 7(b) of the Uniform Code of Military Jus-
tice); 
‘‘(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 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00405
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
418 
‘‘(A) a fine under this title; and 
‘‘(B) imprisonment— 
‘‘(i) for not more than 20 years if the 
offense which is the object of the con-
spiracy is punishable under paragraph 
(1)(B)(i); and 
‘‘(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-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00418
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
419 
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-
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-
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00419
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS
507 
‘‘(3) the terms ‘copy’, ‘phonorecord’, ‘motion 
picture’, ‘computer program’, ‘audiovisual work’, ‘lit-
erary work’, ‘pictorial, graphic, or sculptural work’, 
‘sound recording’, ‘work of visual art’, and ‘copy-
right owner’ have, respectively, the meanings given 
those terms in section 101 (relating to definitions) 
of title 17; 
‘‘(4) the term ‘illicit label’ means a genuine cer-
tificate, licensing document, registration card, or 
similar labeling component— 
‘‘(A) that is used by the copyright owner 
to verify that a phonorecord, a copy of a com-
puter program, a copy of a motion picture or 
other audiovisual work, a copy of a literary 
work, a copy of a pictorial, graphic, or sculp-
tural work, a work of visual art, or documenta-
tion or packaging is not counterfeit or infring-
ing of any copyright; and 
‘‘(B) that is, without the authorization of 
the copyright owner— 
‘‘(i) distributed or intended for dis-
tribution not in connection with the copy, 
phonorecord, or work of visual art to which 
such labeling component was intended to 
VerDate Mar 15 2010 
04:21 Jun 12, 2013
Jkt 029200
PO 00000
Frm 00507
Fmt 6652
Sfmt 6201
E:\BILLS\H1860.IH
H1860
PWALKER on DSK7TPTVN1PROD with BILLS