122 
is punishable by a term of imprisonment and a fine, or both, 
up to triple those authorized by section 403. 
‘‘(e) YOUNG ADULTS USING CHILDREN.— 
‘‘(1) Whoever, not being a child, knowingly— 
‘‘(A) employs, hires, uses, persuades, induces, en-
tices, or coerces, a child to violate any provision of this 
chapter or of the Controlled Substances Act or the 
Controlled Substances Import and Export Act; 
‘‘(B) employs, hires, uses, persuades, induces, en-
tices, or coerces, child to assist in avoiding detection or 
apprehension, for any such violation, by any Federal, 
State, or local law enforcement official; or 
‘‘(C) receives a controlled substance from a child, 
other than an immediate family member, in violation of 
section 402; 
shall be imprisoned for up to twice the maximum term other-
wise authorized and be sentenced at least twice any term of su-
pervised release otherwise authorized for a first offense. Except 
to the extent a greater minimum sentence is otherwise pro-
vided, a term of imprisonment under this subsection shall not 
be less than one year. 
‘‘(2) Whoever violates paragraph (1) after a prior convic-
tion under paragraph (1) of this section, is punishable by 
a term of imprisonment up to three times that otherwise 
authorized, or both, and at least three times any term of 
supervised release otherwise authorized for a first offense. 
Except to the extent a greater minimum sentence is other-
wise provided, a term of imprisonment under this sub-
section shall not be less than one year. Penalties for third 
and subsequent convictions shall those provided by section 
403(a) for offenses involving large quantities of major 
drugs under that section. 
‘‘(f) PROVIDING
CONTROLLED
SUBSTANCES
TO
CHIL-
DREN.—Whoever violates subsection (c) or (d)— 
‘‘(1) by knowingly providing or distributing a controlled 
substance or a controlled substance analogue to a child; or 
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‘‘(2) if the person employed, hired, or used is 14 years 
of age or younger; 
shall be subject to a term of imprisonment for not more than 
five years, in addition to any other punishment authorized by 
this chapter. 
‘‘(g) PREGNANT PERSONS.—Except as authorized by the 
Controlled Substances Act, it shall be unlawful for any person 
to knowingly or intentionally provide or distribute any con-
trolled substance to a pregnant individual in violation of any 
provision of this title. Whoever violates this subsection shall be 
subject to the same penalties as are provided for a violation of 
subsection (c). 
‘‘§ 405. Enhancement for offenses involving pro-
tected places 
‘‘(a) CULTIVATION ON FEDERAL PROPERTY.—The maximum 
fine that may be imposed for a violation of section 402 by culti-
vating a controlled substance on Federal property shall be the 
greater of the amount otherwise provided in this chapter or— 
‘‘(1) $500,000 if the defendant is an individual; or 
‘‘(2) $1,000,000 if the defendant is other than an indi-
vidual. 
‘‘(b) USE
OF
HAZARDOUS
SUBSTANCE
ON
FEDERAL 
LAND.—Whoever in the course of a violation of section 402 
knowingly uses a poison, chemical, or other hazardous sub-
stance on Federal land, and, by such use— 
‘‘(1) creates a serious hazard to humans, wildlife, or do-
mestic animals, 
‘‘(2) degrades or harms the environment or natural re-
sources, or 
‘‘(3) pollutes an aquifer, spring, stream, river, or body of 
water, 
shall be imprisoned not more than five years. 
‘‘(c) BOOBYTRAPS.— 
‘‘(1) Whoever knowingly assembles, maintains,or places a 
boobytrap on Federal property where a controlled sub-
stance is being manufactured, distributed, or dispensed 
shall be imprisoned not more than ten years. 
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‘‘(2) If the offender has one or more prior convictions for 
an offense under this subsection, the offender shall be im-
prisoned not more than 20 years. 
‘‘(3) As used in this subsection, the term ‘boobytrap’ 
means any concealed or camouflaged device designed to 
cause bodily injury when triggered by any action of any 
unsuspecting person making contact with the device. Such 
term includes guns, ammunition, or explosive devices at-
tached to trip wires or other triggering mechanisms, sharp-
ened stakes, and lines or wires with hooks attached. 
‘‘(d) SAFETY REST AREAS.— 
‘‘(1) ENHANCEMENT.—Whoever violates section 402 by 
distributing or possessing with intent to distribute a con-
trolled substance in or on, or within 1,000 feet of, a truck 
stop or safety rest area is subject to— 
‘‘(A) in the case of a first offense under this sub-
section subject to— 
‘‘(i) twice the maximum punishment provided in 
section 403; and 
‘‘(ii) twice any term of supervised release author-
ized by section 403 for a first offense; and 
‘‘(B) in the case of an offense under this subsection 
after a prior conviction under this subsection— 
‘‘(i) three times the maximum punishment au-
thorized by section 403; and 
‘‘(ii) three times any term of supervised release 
authorized by section 403 for a first offense. 
‘‘(2) DEFINITIONS.—As used in this subsection— 
‘‘(A) the term ‘safety rest area’ means a roadside fa-
cility with parking facilities for the rest or other needs 
of motorists; and 
‘‘(B) the term ‘truck stop’ means a facility (including 
any parking lot appurtenant thereto) that— 
‘‘(i) has the capacity to provide fuel or service, 
or both, to any commercial motor vehicle (as de-
fined in section 31301 of title 49), operating in 
commerce (as defined in that section); and 
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‘‘(ii) is located within 2,500 feet of the National 
System of Interstate and Defense Highways or the 
Federal-Aid Primary System. 
‘‘§ 406. Maintaining drug-involved premises. 
‘‘(a) Except as authorized by this title, it shall be unlawful 
to— 
‘‘(1) knowingly open, lease, rent, use, or maintain any 
place, whether permanently or temporarily, for the purpose 
of manufacturing, distributing, or using any controlled sub-
stance; or 
‘‘(2) manage or control any place, whether permanently 
or temporarily, either as an owner, lessee, agent, employee, 
occupant, or mortgagee, and knowingly and intentionally 
rent, lease, profit from, or make available for use, with or 
without compensation, the place for the purpose of unlaw-
fully manufacturing, storing, distributing, or using a con-
trolled substance. 
‘‘(b) Whoever violates subsection (a) of this section shall be 
sentenced to a term of imprisonment of not more than 20 years 
or a fine of not more than $500,000, or both, or a fine of 
$2,000,000 for a person other than an individual. 
‘‘(c) A violation of subsection (a) shall be considered an of-
fense 
against 
property 
for 
purposes 
of 
section 
3663A(c)(1)(A)(ii) of this title. 
‘‘(d)(1) Whoever violates subsection (a) shall be subject to a 
civil penalty of not more than the greater of— 
‘‘(A) $250,000; or 
‘‘(B) 2 times the gross receipts, either known or esti-
mated, that were derived from each violation that is attrib-
utable to the person. 
‘‘(2) If a civil penalty is calculated under paragraph (1)(B), 
and there is more than 1 defendant, the court may apportion 
the penalty between multiple violators, but each violator shall 
be jointly and severally liable for the civil penalty under this 
subsection. 
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‘‘(e) Whoever violates subsection (a) shall be subject to de-
claratory and injunctive remedies as set forth in section 403(f) 
of the Controlled Substances Act. 
‘‘§ 407. Distribution in or near schools 
‘‘(a) IN GENERAL.—Whoever violates section 402 by distrib-
uting, possessing with intent to distribute, or manufacturing a 
controlled substance in or on, or within one thousand feet of, 
the real property comprising a public or private elementary, vo-
cational, or secondary school or a public or private college, jun-
ior college, or university, or a playground, or housing facility 
owned by a public housing authority, or within 100 feet of a 
public or private youth center, public swimming pool, or video 
arcade facility, is (except as provided in subsection (b)) subject 
to— 
‘‘(1) twice the maximum punishment authorized by sec-
tion 403; and 
‘‘(2) at least twice any term of supervised release author-
ized by section 403 for a first offense. 
A fine up to twice that authorized by section 403 may be im-
posed in addition to any term of imprisonment authorized by 
this subsection. Except to the extent a greater minimum sen-
tence is otherwise provided by section 403, a person shall be 
sentenced under this subsection to a term of imprisonment of 
not less than one year. The mandatory minimum sentencing 
provisions of this paragraph shall not apply to offenses involv-
ing 5 grams or less of marihuana. 
‘‘(b) SECOND OR SUBSEQUENT OFFENSES.—Whoever vio-
lates subsection (a) after a prior conviction under subsection 
(a) is punishable— 
‘‘(1) by the greater of— 
‘‘(A) a term of imprisonment of not less than three 
years and not more than life imprisonment; or 
‘‘(B) three times the maximum punishment author-
ized by section 403 for a first offense; and 
‘‘(2) at least three times any term of supervised release 
authorized by section 403 for a first offense. 
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‘‘A fine up to three times that authorized by section 403 may 
be imposed in addition to any term of imprisonment authorized 
by this subsection. Except to the extent a greater minimum 
sentence is otherwise provided by section 401(b), a person shall 
be sentenced under this subsection to a term of imprisonment 
of not less than three years. Penalties for third and subsequent 
convictions shall be governed by section 403. 
‘‘(c) SPECIAL
RULE
FOR
USING
CHILDREN.—Notwith-
standing any other law, whoever, being at least 21 years of age, 
knowingly— 
‘‘(1) employs, hires, uses, persuades, induces, entices, or 
coerces a child to violate this section; or 
‘‘(2) employs, hires, uses, persuades, induces, entices, or 
coerces a child to assist in avoiding detection or apprehen-
sion for any offense under this section by any Federal, 
State, or local law enforcement official, 
is punishable by a term of imprisonment, a fine, or both, up 
to triple those authorized by section 403. 
‘‘(d) SPECIAL
RULE
FOR
MANDATORY
MINIMUM
SEN-
TENCES.—In the case of any mandatory minimum sentence im-
posed under subsection (b), imposition or execution of such 
sentence shall not be suspended and probation shall not be 
granted. An individual convicted under this section shall not be 
eligible for parole until the individual has served the mandatory 
minimum term of imprisonment as provided by this section. 
‘‘(e) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘playground’ means any outdoor facility 
(including any parking lot appurtenant thereto) intended 
for recreation, open to the public, and with any portion 
thereof containing three or more separate apparatus in-
tended for the recreation of children including, but not lim-
ited to, sliding boards, swingsets, and teeterboards; 
‘‘(2) the term ‘youth center’ means any recreational fa-
cility and/or gymnasium (including any parking lot appur-
tenant thereto), intended primarily for use by persons 
under 18 years of age, which regularly provides athletic, 
civic, or cultural activities; 
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‘‘(3) the term ‘video arcade facility’ means any facility, 
legally accessible to children, intended primarily for the use 
of pinball and video machines for amusement containing a 
minimum of ten machines that are either pinball or video 
machines; and 
‘‘(4) the term ‘swimming pool’ includes any parking lot 
appurtenant thereto. 
‘‘§ 408. Listed chemicals 
‘‘(a) OFFENSE.—Whoever knowingly— 
‘‘(1) possesses a listed chemical with intent to manufac-
ture a controlled substance except as authorized by the 
Controlled Substances Act; 
‘‘(2) possesses or distributes, a listed chemical knowing, 
or having reasonable cause to believe, that the listed chem-
ical will be used to manufacture a controlled substance ex-
cept as authorized by the Controlled Substances Act; or 
‘‘(3) with the intent of causing the evasion of the record-
keeping or reporting requirements of section 310 of the 
Controlled Substances Act, or the regulations issued under 
that section, receives or distributes a reportable amount of 
any listed chemical in units small enough so that the mak-
ing of records or filing of reports under that section is not 
required; 
shall be imprisoned not more than 20 years in the case of a 
violation of paragraph (1) or (2) involving a list I chemical or 
not more than 10 years in any other case. 
‘‘(b) INJUNCTIONS.—In addition to any other applicable pen-
alty, any person convicted of a felony violation of this section 
relating to the receipt, distribution, manufacture, exportation, 
or importation of a listed chemical may be enjoined from en-
gaging in any transaction involving a listed chemical for not 
more than ten years. 
‘‘(c) ADDITIONAL OFFENSES.— 
‘‘(1) Whoever knowingly distributes a listed chemical in 
violation of the Controlled Substances Act (other than in 
violation of a recordkeeping or reporting requirement of 
section 310) shall be imprisoned not more than 5 years. 
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‘‘(2) Whoever knowingly possesses any listed chemical, 
with knowledge that the recordkeeping or reporting require-
ments of section 310 of such Act have not been adhered 
to, if, after such knowledge is acquired, such person does 
not take immediate steps to remedy the violation shall be 
imprisoned not more than one year. 
‘‘§ 409. Domestic regulatory offenses 
‘‘(a) UNLAWFUL CONDUCT GENERALLY.—It shall be unlaw-
ful for any person— 
‘‘(1) who is subject to the requirements of part C of the 
Controlled Substances Act to distribute or dispense a con-
trolled substance in violation of section 309 of that Act; 
‘‘(2) who is a registrant to distribute or dispense a con-
trolled substance not authorized by his registration to an-
other registrant or other authorized person or to manufac-
ture a controlled substance not authorized by his registra-
tion; 
‘‘(3) who is a registrant to distribute a controlled sub-
stance in violation of section 305 of the Controlled Sub-
stances Act; 
‘‘(4) to remove, alter, or obliterate a symbol or label re-
quired by section 305 of the Controlled Substances Act; 
‘‘(5) to refuse or negligently fail to make, keep, or fur-
nish any record, report, notification, declaration, order or 
order form, statement, invoice, or information required 
under the Controlled Substances Act or the Controlled Sub-
stances Import and Export Act; 
‘‘(6) to refuse any entry into any premises or inspection 
authorized by the Controlled Substances Act or the Con-
trolled Substances Import and Export Act; 
‘‘(7) to remove, break, injure, or deface a seal placed 
upon controlled substances pursuant to section 304(f) or 
511 of the Controlled Substances Act or to remove or dis-
pose of substances so placed under seal; 
‘‘(8) to use, to his own advantage, or to reveal, other 
than to duly authorized officers or employees of the United 
States, or to the courts when relevant in any judicial pro-
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ceeding under this title or title III, any information ac-
quired in the course of an inspection authorized by the 
Controlled Substances Act concerning any method or proc-
ess which as a trade secret is entitled to protection, or to 
use to his own advantage or reveal (other than as author-
ized by section 310 of that Act) any information that is 
confidential under such section; 
‘‘(9) who is a regulated person to engage in a regulated 
transaction without obtaining the identification required by 
310(a)(3) of the Controlled Substances Act; 
‘‘(10) negligently to fail to keep a record or make a re-
port under section 310 of that Act; or 
‘‘(11) to distribute a laboratory supply to a person who 
uses, or attempts to use, that laboratory supply to manu-
facture a controlled substance or a listed chemical, in viola-
tion of the Controlled Substances Act or the Controlled 
Substances Import and Export Act, with reckless disregard 
for the illegal uses to which such a laboratory supply will 
be put. 
‘‘(b) DEFINITION.—As used in subsection (a)(11), the term 
‘laboratory supply’ means a listed chemical or any chemical, 
substance, or item on a special surveillance list published by 
the Attorney General, which contains chemicals, products, ma-
terials, or equipment used in the manufacture of controlled 
substances and listed chemicals. For purposes of that sub-
section, there is a rebuttable presumption of reckless disregard 
at trial if the Attorney General notifies a firm in writing that 
a laboratory supply sold by the firm, or any other person or 
firm, has been used by a customer of the notified firm, or dis-
tributed further by that customer, for the unlawful production 
of controlled substances or listed chemicals a firm distributes 
and 2 weeks or more after the notification the notified firm dis-
tributes a laboratory supply to the customer. 
‘‘(c) SCHEDULE I AND II SUBSTANCES.—It shall be unlawful 
for any person who is a registrant to manufacture a controlled 
substance in schedule I or II which is— 
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131 
‘‘(1) not expressly authorized by the registration and by 
a quota assigned to that registrant pursuant to section 306 
of the Controlled Substances Act; or 
‘‘(2) in excess of a quota assigned to that registrant pur-
suant to section 306. 
‘‘(d)(1)(A) Except as provided in subparagraph (B) of this 
paragraph and paragraph (2), whoever violates this section 
shall, with respect to any such violation, be subject to a civil 
penalty of not more than $25,000. 
‘‘(B) In the case of a violation of paragraph (5) or (10) of 
subsection (a), the civil penalty shall not exceed $10,000. 
‘‘(2)(A) Whoever knowingly violates this section shall, except 
as otherwise provided in subparagraph (B), be imprisoned not 
more than one year. 
‘‘(B) If a violation referred to in subparagraph (A) was com-
mitted after one or more prior convictions of the offender for 
an offense punishable under this paragraph (2), or for a crime 
under any other provision of any law of the United States re-
lating to controlled substances, narcotic drugs, marihuana, or 
depressant or stimulant substances, have become final, such 
person shall be sentenced to a term of imprisonment of not 
more than 2 years. 
‘‘(C) In addition to the penalties set forth elsewhere in this 
title, any business that violates paragraph (11) of subsection 
(a) shall, with respect to the first such violation, be subject to 
a civil penalty of not more than $250,000, but shall not be sub-
ject to criminal penalties under this section, and shall, for any 
succeeding violation, be subject to a civil fine of not more than 
$250,000 or double the last previously imposed penalty, which-
ever is greater. 
‘‘(3) Except under the conditions specified in paragraph (2) 
of this subsection, a violation of this section does not constitute 
a crime, and a judgment for the United States and imposition 
of a civil penalty pursuant to paragraph (1) shall not give rise 
to any disability or legal disadvantage based on conviction for 
a criminal offense. 
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‘‘§ 410. Additional domestic regulatory offenses 
‘‘(a) GENERALLY.—It shall be unlawful for any person know-
ingly— 
‘‘(1) as a registrant to distribute a controlled substance 
classified in schedule I or II, in the course of legitimate 
business, except pursuant to an order or an order form as 
required by section 308 of the Controlled Substances Act; 
‘‘(2) to use in the course of the manufacture, distribu-
tion, or dispensing of a controlled substance, or to use for 
the purpose of acquiring or obtaining a controlled sub-
stance, a registration number which is fictitious, revoked, 
suspended, expired, or issued to another person; 
‘‘(3) to acquire or obtain possession of a controlled sub-
stance by misrepresentation, fraud, forgery, deception, or 
subterfuge; 
‘‘(4)(A) to furnish false or fraudulent material informa-
tion in, or omit any material information from, any applica-
tion, report, record, or other document required to be 
made, kept, or filed under this chapter, the Controlled Sub-
stances Act, or the Controlled Substances Import and Ex-
port Act, or (B) to present false or fraudulent identification 
where the person is receiving or purchasing a listed chem-
ical and the person is required to present identification 
under section 310(a) of the Controlled Substances Act; 
‘‘(5) to make, distribute, or possess any punch, die, 
plate, stone, or other thing designed to print, imprint, or 
reproduce the trademark, trade name, or other identifying 
mark, imprint, or device of another or any likeness of any 
of the foregoing upon any drug or container or labeling 
thereof so as to render such drug a counterfeit substance; 
‘‘(6) to possess any three-neck round-bottom flask, 
tableting machine, encapsulating machine, or gelatin cap-
sule, or any equipment, chemical, product, or material 
which may be used to manufacture a controlled substance 
or listed chemical, knowing, intending, or having reasonable 
cause to believe, that it will be used to manufacture a con-
trolled substance or listed chemical in violation of this title, 
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the Controlled Substances Act, or the Controlled Sub-
stances Import and Export Act; 
‘‘(7) to manufacture, distribute, export, or import any 
three-neck round-bottom flask, tableting machine, encap-
sulating machine, or gelatin capsule, or any equipment, 
chemical, product, or material which may be used to manu-
facture a controlled substance or listed chemical, knowing, 
intending, or having reasonable cause to believe, that it will 
be used to manufacture a controlled substance or listed 
chemical in violation of this title, the Controlled Substances 
Act, or the Controlled Substances Import and Export Act 
or, in the case of an exportation, in violation of this title, 
the Controlled Substances Act, the Controlled Substances 
Import and Export Act, or of the laws of the country to 
which it is exported; 
‘‘(8) to create a chemical mixture for the purpose of 
evading a requirement of section 310 of the Controlled 
Substances Act or to receive a chemical mixture created for 
that purpose; or 
‘‘(9) to distribute, import, or export a list I chemical 
without the registration required by the Controlled Sub-
stances Act or the Controlled Substances Import and Ex-
port Act. 
‘‘(b) USE OF COMMUNICATION FACILITY.— 
‘‘(1) It shall be unlawful for any person knowingly or in-
tentionally to use any communication facility in committing 
or in causing or facilitating the commission of any felony 
under this chapter or the Controlled Substances Act or the 
Controlled Substances Import and Export Act. 
‘‘(2) Each separate use of a communication facility shall 
be a separate offense under this subsection. 
‘‘(3) As used in this subsection, the term ‘communication 
facility’ means any and all public and private instrumental-
ities used or useful in the transmission of writing, signs, 
signals, pictures, or sounds of all kinds and includes mail, 
telephone, wire, radio, and all other means of communica-
tion. 
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‘‘(c) ADVERTISING.— 
‘‘(1) It shall be unlawful for any person to place in any 
newspaper, magazine, handbill, or other publications, any 
written advertisement knowing that it has the purpose of 
seeking or offering illegally to receive, buy, or distribute a 
schedule I controlled substance. 
‘‘(2) As used in this subsection the term ‘advertisement’ 
includes, in addition to its ordinary meaning, such adver-
tisements as those for a catalog of schedule I controlled 
substances and any similar written advertisement that has 
the purpose of seeking or offering illegally to receive, buy, 
or distribute a schedule I controlled substance. The term 
‘advertisement’ does not include material which merely ad-
vocates the use of a similar material, which advocates a po-
sition or practice, and does not attempt to propose or facili-
tate an actual transaction in a schedule I controlled sub-
stance. 
‘‘(d) PENALTIES.— 
‘‘(1) Except as provided in paragraph (2), whoever know-
ingly violates this section shall be imprisoned not more 
than 4 years; except that if any person commits such a vio-
lation after being convicted for a felony under any law of 
the United States relating to controlled substances, nar-
cotic drugs, marihuana, or depressant or stimulant sub-
stances, such person shall be sentenced to a term of impris-
onment of not more than 8 years. 
‘‘(2) Whoever, with the intent to manufacture or to fa-
cilitate the manufacture of methamphetamine, violates 
paragraph (6) or (7) of subsection (a), shall be imprisoned 
not more than 10 years; except that if any person commits 
such a violation after one or more prior convictions of that 
persons for a violation of any law of the United States or 
any State relating to controlled substances or listed chemi-
cals, such person shall be imprisoned not more than 20 
years. 
‘‘(e) INJUNCTION RELATING TO ENGAGING
IN TRANS-
ACTIONS.— In addition to any other applicable penalty, any 
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person convicted of a felony violation of this section relating to 
the receipt, distribution, manufacture, exportation, or importa-
tion of a listed chemical may be enjoined from engaging in any 
transaction involving a listed chemical for not more than ten 
years. 
‘‘(f) DECLARATORY AND OTHER RELIEF.— 
‘‘(1) In addition to any penalty provided in this section, 
the Attorney General is authorized to commence a civil ac-
tion for appropriate declaratory or injunctive relief relating 
to a violation of this section, section 402, or section 406. 
‘‘(2) Any action under this subsection may be brought in 
the district court of the United States for the district in 
which the defendant is located or resides or is doing busi-
ness. 
‘‘(3) Any order or judgment issued by the court pursuant 
to this subsection shall be tailored to restrain the violation. 
‘‘(4) The court shall proceed as soon as practicable to 
the hearing and determination of such an action. An action 
under this subsection is governed by the Federal Rules of 
Civil Procedure except that, if an indictment has been re-
turned against the respondent, discovery is governed by the 
Federal Rules of Criminal Procedure. 
‘‘§ 411. Penalty for simple possession 
‘‘(a) ELEMENTS OF OFFENSE.—It shall be unlawful for any 
person knowingly— 
‘‘(1) to possess a controlled substance unless such sub-
stance was obtained directly, or pursuant to a valid pre-
scription or order, from a practitioner acting in the course 
of professional practice, or except as otherwise authorized 
by the Controlled Substances Act or the Controlled Sub-
stances Import and Export Act; or 
‘‘(2) to possess any list I chemical obtained pursuant to 
or under authority of a registration issued to that person 
under section 303 of the Controlled Substances Act or sec-
tion 1008 of the Controlled Substances Import and Export 
Act, if that registration has been revoked or suspended, if 
that registration has expired, or if the registrant has ceased 
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to do business in the manner contemplated by his registra-
tion. 
‘‘(b) PUNISHMENT.— 
‘‘(1) GENERALLY.—Whoever violates subsection (a) shall 
be imprisoned not more than 1 year, except that the of-
fense is after a prior conviction of the offender under the 
Controlled Substances Act or the Controlled Substances 
Import and Export Act, or for any drug, narcotic, or chem-
ical offense chargeable under the law of any State, the of-
fender shall be imprisoned not less than 15 days nor more 
than 2 years and if the offense is after two or more such 
convictions, the offender shall be sentenced to a term of im-
prisonment for not less than 90 days but not more than 
3 years. 
‘‘(2) COCAINE BASE.—Notwithstanding paragraph (a), a 
person convicted under this section for the possession of a 
mixture or substance which contains cocaine base shall be 
imprisoned not less than 5 years and not more than 20 
years if the conviction is a first conviction under this sub-
section and the amount of the mixture or substance exceeds 
5 grams, if the conviction is after a prior conviction for the 
possession of such a mixture or substance under this sub-
section becomes final and the amount of the mixture or 
substance exceeds 3 grams, or if the conviction is after 2 
or more prior convictions for the possession of such a mix-
ture or substance under this subsection become final and 
the amount of the mixture or substance exceeds 1 gram. 
‘‘(3) FLUNITRAZEPAM.—Notwithstanding any penalty 
provided in this subsection, any person convicted under this 
subsection for the possession of flunitrazepam shall be im-
prisoned for not more than 3 years. The imposition or exe-
cution of a minimum sentence required to be imposed 
under this subsection shall not be suspended or deferred. 
‘‘(4) COSTS.—Further, upon conviction, a person who 
violates this subsection shall be fined the reasonable costs 
of the investigation and prosecution of the offense, includ-
ing the costs of prosecution of an offense as defined in sec-
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tions 1918 and 1920 of title 28, except that this sentence 
shall not apply and a fine under this section need not be 
imposed if the court determines the defendant lacks the 
ability to pay. 
‘‘(c) DEFINITION.—As used in this section, the term ‘drug, 
narcotic, or chemical offense’ means any offense which pro-
scribes the possession, distribution, manufacture, cultivation, 
sale, transfer, or the attempt or conspiracy to possess, dis-
tribute, manufacture, cultivate, sell or transfer any substance 
the possession of which is prohibited under the Controlled Sub-
stances Act. 
‘‘§ 412. Civil penalty for possession of small 
amounts of certain controlled substances 
‘‘(a) IN GENERAL.—An individual who knowingly possesses 
a controlled substance described in section 403(a) in violation 
of section 411 in an amount that, as specified by regulation of 
the Attorney General, is a personal use amount shall be liable 
to the United States for a civil penalty in an amount not to 
exceed $10,000. 
‘‘(b) INCOME AND NET ASSETS.—The income and net assets 
of an individual shall not be relevant to the determination 
whether to assess a civil penalty under this section or to pros-
ecute the individual criminally. However, in determining the 
amount of a penalty under this section, the income and net as-
sets of an individual shall be considered. 
‘‘(c) PRIOR CONVICTION.—A civil penalty may not be as-
sessed under this section if the individual previously was con-
victed of a Federal or State offense relating to a controlled sub-
stance. 
‘‘(d) LIMITATION ON NUMBER OF ASSESSMENTS.—A civil 
penalty may not be assessed on an individual under this section 
on more than two separate occasions. 
‘‘(e) ASSESSMENT.—A civil penalty under this section may 
be assessed by the Attorney General only by an order made on 
the record after opportunity for a hearing in accordance with 
section 554 of title 5. The Attorney General shall provide writ-
ten notice to the individual who is the subject of the proposed 
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order informing the individual of the opportunity to receive 
such a hearing with respect to the proposed order. The hearing 
may be held only if the individual makes a request for the hear-
ing before the expiration of the 30-day period beginning on the 
date such notice is issued. 
‘‘(f) COMPROMISE.—The Attorney General may compromise, 
modify, or remit, with or without conditions, any civil penalty 
imposed under this section. 
‘‘(g) JUDICIAL REVIEW.—If the Attorney General issues an 
order pursuant to subsection (e) after a hearing described in 
such subsection, the individual who is the subject of the order 
may, before the expiration of the 30-day period beginning on 
the date the order is issued, bring a civil action in the appro-
priate district court of the United States. In such action, the 
law and the facts of the violation and the assessment of the 
civil penalty shall be determined de novo, and shall include the 
right of a trial by jury, the right to counsel, and the right to 
confront witnesses. The facts of the violation shall be proved 
beyond a reasonable doubt. 
‘‘(h) CIVIL ACTION.—If an individual does not request a 
hearing pursuant to subsection (e) and the Attorney General 
issues an order pursuant to such subsection, or if an individual 
does not under subsection (g) seek judicial review of such an 
order, the Attorney General may commence a civil action in any 
appropriate district court of the United States for the purpose 
of recovering the amount assessed and an amount representing 
interest at a rate computed in accordance with section 1961 of 
title 28. Such interest shall accrue from the expiration of the 
30-day period described in subsection (g). In such an action, 
the decision of the Attorney General to issue the order, and the 
amount of the penalty assessed by the Attorney General, shall 
not be subject to review. 
‘‘(i) LIMITATION.—The Attorney General may not under this 
section commence proceeding against an individual after the ex-
piration of the 5-year period beginning on the date on which 
the individual allegedly violated subsection (a). 
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‘‘(j) EXPUNGEMENT PROCEDURES.—The Attorney General 
shall dismiss the proceedings under this section against an indi-
vidual upon application of such individual at any time after the 
expiration of 3 years if— 
‘‘(1) the individual has not previously been assessed a 
civil penalty under this section; 
‘‘(2) the individual has paid the assessment; 
‘‘(3) the individual has complied with any conditions im-
posed by the Attorney General; 
‘‘(4) the individual has not been convicted of a Federal 
or State offense relating to a controlled substance; and 
‘‘(5) the individual agrees to submit to a drug test, and 
such test shows the individual to be drug free. 
A nonpublic record of a disposition under this subsection shall 
be retained by the Department of Justice solely for the purpose 
of determining in any subsequent proceeding whether the per-
son qualified for a civil penalty or expungement under this sec-
tion. If a record is expunged under this subsection, an indi-
vidual concerning whom such an expungement has been made 
shall not be held thereafter under any provision of law to be 
guilty of perjury, false swearing, or making a false statement 
by reason of his failure to recite or acknowledge a proceeding 
under this section or the results thereof in response to an in-
quiry made of him for any purpose. 
‘‘§ 413. Continuing criminal enterprise 
‘‘(a) ENGAGING IN ENTERPRISE.— 
‘‘(1) Whoever engages in a continuing criminal enterprise 
shall be imprisoned for any term of years not less than 20, 
or for life. 
‘‘(2) If a person engages in such activity after a prior 
conviction of that person under this section, the offender 
shall be imprisoned any term of years not less than 30, or 
for life. 
‘‘(b) AGGRAVATED OFFENSE.—Whoever engages in a con-
tinuing criminal enterprise shall be imprisoned for life under 
subsection (a), if— 
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‘‘(1) such person is the principal administrator, orga-
nizer, or leader of the enterprise or is one of several such 
principal administrators, organizers, or leaders; and 
‘‘(2)(A) the violation referred to in subsection (c)(1) in-
volved at least 300 times the quantity of a substance de-
scribed in section 403(b); or 
‘‘(B) the enterprise, or any other enterprise in which the 
defendant was the principal or one of several principal ad-
ministrators, organizers, or leaders, received $10 million 
dollars in gross receipts during any twelve-month period of 
its existence for the manufacture, importation, or distribu-
tion of a substance described in section 403(b). 
‘‘(c) WHAT CONSTITUTES ‘ENGAGING’.—For purposes of 
this section, a person is engaged in a continuing criminal enter-
prise if— 
‘‘(1) that person violates any provision of this chapter 
the punishment for which is a felony, and 
‘‘(2) such violation is a part of a continuing series of vio-
lations of chapter— 
‘‘(A) which are undertaken by such person in concert 
with five or more other persons with respect to whom 
such person occupies a position of organizer, a super-
visory position, or any other position of management, 
and 
‘‘(B) from which such person obtains substantial in-
come or resources. 
‘‘(d) SPECIAL RULE FOR SENTENCING.—In the case of any 
sentence imposed under this section, imposition or execution of 
such sentence shall not be suspended, probation shall not be 
granted, and the Act of July 15, 1932 (D.C. Code, secs. 24– 
203—24–207), shall not apply. 
‘‘(e) DEATH PENALTY.— 
‘‘(1) In addition to the other penalties set forth in this 
section whoever— 
‘‘(A) while engaging in or working in furtherance of 
a continuing criminal enterprise, or engaging in an of-
fense punishable under section 403(a) intentionally kills 
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141 
or counsels, commands, induces, procures, or causes 
the intentional killing of an individual and such killing 
results; and 
‘‘(B) during the commission of, in furtherance of, or 
while attempting to avoid apprehension, prosecution or 
service of a prison sentence for, a felony violation of 
this chapter intentionally kills or counsels, commands, 
induces, procures, or causes the intentional killing of 
any Federal, State, or local law enforcement officer en-
gaged in, or on account of, the performance of such of-
ficer’s official duties and such killing results; 
shall be imprisoned any term of year not less than 20, or for 
life, or may be sentenced to death. 
‘‘(2) As used in paragraph (1)(B), the term ‘law enforcement 
officer’ means a public servant authorized by law to conduct or 
engage in the prevention, investigation, prosecution or adju-
dication of an offense, and includes those engaged in correc-
tions, probation, or parole functions. 
‘‘§ 414. Drug paraphernalia 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) sells or offers for sale drug paraphernalia; 
‘‘(2) uses a facility of interstate or foreign commerce to 
transport drug paraphernalia; or 
‘‘(3) imports or exports drug paraphernalia; 
shall be imprisoned not more than three years. 
‘‘(b) FORFEITURE.—Any drug paraphernalia involved in any 
violation of subsection (a) of this section shall be subject to sei-
zure and forfeiture upon the conviction of a person for such 
violation. Any such paraphernalia shall be delivered to the Ad-
ministrator of General Services, General Services Administra-
tion, who may order such paraphernalia destroyed or may au-
thorize its use for law enforcement or educational purposes by 
Federal, State, or local authorities. 
‘‘(c) DEFINITION.—The term ‘drug paraphernalia’ means 
any equipment, product, or material of any kind which is pri-
marily intended or designed for use in manufacturing, 
compounding, converting, concealing, producing, processing, 
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preparing, injecting, ingesting, inhaling, or otherwise intro-
ducing into the human body a controlled substance, possession 
of which is unlawful under the Controlled Substances Act (title 
II of Public Law 91–513). It includes items primarily intended 
or designed for use in ingesting, inhaling, or otherwise intro-
ducing marijuana, cocaine, hashish, hashish oil, PCP, meth-
amphetamine, or amphetamines into the human body, such 
as— 
‘‘(1) metal, wooden, acrylic, glass, stone, plastic, or ce-
ramic pipes with or without screens, permanent screens, 
hashish heads, or punctured metal bowls; 
‘‘(2) water pipes; 
‘‘(3) carburetion tubes and devices; 
‘‘(4) smoking and carburetion masks; 
‘‘(5) roach clips: meaning objects used to hold burning 
material, such as a marihuana cigarette, that has become 
too small or too short to be held in the hand; 
‘‘(6) miniature spoons with level capacities of one-tenth 
cubic centimeter or less; 
‘‘(7) chamber pipes; 
‘‘(8) carburetor pipes; 
‘‘(9) electric pipes; 
‘‘(10) air-driven pipes; 
‘‘(11) chillums; 
‘‘(12) bongs; 
‘‘(13) ice pipes or chillers; 
‘‘(14) wired cigarette papers; or 
‘‘(15) cocaine freebase kits. 
‘‘(e) FACTORS WHICH MAY BE CONSIDERED.—In deter-
mining whether an item constitutes drug paraphernalia, in ad-
dition to all other logically relevant factors, the following may 
be considered: 
‘‘(1) Instructions, oral or written, provided with the item 
concerning its use. 
‘‘(2) Descriptive materials accompanying the item which 
explain or depict its use. 
‘‘(3) National and local advertising concerning its use. 
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‘‘(4) The manner in which the item is displayed for sale. 
‘‘(5) Whether the owner, or anyone in control of the 
item, is a legitimate supplier of like or related items to the 
community, such as a licensed distributor or dealer of to-
bacco products. 
‘‘(6) Direct or circumstantial evidence of the radio of 
sales of the item to the total sales of the business enter-
prise. 
‘‘(7) The existence and scope of legitimate uses of the 
item in the community. 
‘‘(8) Expert testimony concerning its use. 
‘‘(f) EXCLUSIONS.—This section shall not apply to— 
‘‘(1) any person authorized by local, State, or Federal 
law to manufacture, possess, or distribute such items; or 
‘‘(2) any item that, in the normal lawful course of busi-
ness, is imported, exported, transported, or sold through 
the mail or by any other means, and traditionally intended 
for use with tobacco products, including any pipe, paper, or 
accessory. 
‘‘§ 415. Proceedings to establish prior convictions 
‘‘(a) FILING OF INFORMATION.— 
‘‘(1) No person who is convicted of an offense under this 
chapter shall be sentenced to increased punishment by rea-
son of one or more prior convictions, unless before trial, or 
before entry of a plea of guilty, the United States attorney 
files an information with the court (and serves a copy of 
such information on the person or counsel for the person) 
stating in writing the previous convictions to be relied 
upon. Upon a showing by the United States attorney that 
facts regarding prior convictions could not with due dili-
gence be obtained prior to trial or before entry of a plea 
of guilty, the court may postpone the trial or the taking of 
the plea of guilty for a reasonable period for the purpose 
of obtaining such facts. Clerical mistakes in the informa-
tion may be amended at any time prior to the pronounce-
ment of sentence. 
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‘‘(2) An information may not be filed under this section 
if the increased punishment which may be imposed is im-
prisonment for a term in excess of three years unless the 
person either waived or was afforded prosecution by indict-
ment for the offense for which such increased punishment 
may be imposed. 
‘‘(b) AFFIRMATION
OR
DENIAL
OF
PREVIOUS
CONVIC-
TION.—If the United States attorney files an information under 
this section, the court shall after conviction but before pro-
nouncement of sentence inquire of the person with respect to 
whom the information was filed whether he affirms or denies 
that he has been previously convicted as alleged in the informa-
tion, and shall inform him that any challenge to a prior convic-
tion which is not made before sentence is imposed may not 
thereafter be raised to attack the sentence. 
‘‘(c) DENIAL, WRITTEN RESPONSE, AND HEARING.— 
‘‘(1) If the person denies any allegation of the informa-
tion of prior conviction, or claims that any conviction al-
leged is invalid, he shall file a written response to the infor-
mation. A copy of the response shall be served upon the 
United States attorney. The court shall hold a hearing to 
determine any issues raised by the response which would 
except the person from increased punishment. The failure 
of the United States attorney to include in the information 
the complete criminal record of the person or any facts in 
addition to the convictions to be relied upon shall not con-
stitute grounds for invalidating the notice given in the in-
formation required by subsection (a)(1). The hearing shall 
be before the court without a jury and either party may in-
troduce evidence. Except as otherwise provided in para-
graph (2) of this subsection, the United States attorney 
shall have the burden of proof beyond a reasonable doubt 
on any issue of fact. At the request of either party, the 
court shall enter findings of fact and conclusions of law. 
‘‘(2) A person claiming that a conviction alleged in the 
information was obtained in violation of the Constitution of 
the United States shall set forth his claim, and the factual 
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basis therefor, with particularity in his response to the in-
formation. The person shall have the burden of proof by a 
preponderance of the evidence on any issue of fact raised 
by the response. Any challenge to a prior conviction, not 
raised by response to the information before an increased 
sentence is imposed in reliance thereon, shall be waived un-
less good cause be shown for failure to make a timely chal-
lenge. 
‘‘(d) IMPOSITION OF SENTENCE.— 
‘‘(1) If the person files no response to the information, 
or if the court determines, after hearing, that the person 
is subject to increased punishment by reason of prior con-
victions, the court shall proceed to impose sentence upon 
him as provided by this part. 
‘‘(2) If the court determines that the person has not 
been convicted as alleged in the information, that a convic-
tion alleged in the information is invalid, or that the person 
is otherwise not subject to an increased sentence as a mat-
ter of law, the court shall, at the request of the United 
States attorney, postpone sentence to allow an appeal from 
that determination. If no such request is made, the court 
shall impose sentence as provided by this part. The person 
may appeal from an order postponing sentence as if sen-
tence had been pronounced and a final judgment of convic-
tion entered. 
‘‘(e) CHALLENGES OF VALIDITY OF PRIOR CONVICTIONS.— 
No person who is convicted of an offense under this chapter 
may challenge the validity of any prior conviction alleged under 
this section which occurred more than five years before the 
date of the information alleging such prior conviction. 
‘‘§ 416. Anhydrous ammonia 
‘‘(a) It is unlawful for any person— 
‘‘(1) to steal anhydrous ammonia, or 
‘‘(2) to transport stolen anhydrous ammonia across State 
lines, 
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knowing, intending, or having reasonable cause to believe that 
such anhydrous ammonia will be used to manufacture a con-
trolled substance in violation of this part. 
‘‘(b) Whoever violates subsection (a) shall be imprisoned in 
accordance with section 403(d) as if such violation were a viola-
tion of a provision of section 403. 
‘‘§ 417. Controlled substances import and export 
listed chemical offenses 
‘‘Whoever knowingly— 
‘‘(1) imports or exports a listed chemical with intent to 
manufacture a controlled substance in violation of the Con-
trolled Substances Act or the Controlled Substances Import 
and Export Act; 
‘‘(2) exports a listed chemical in violation of the laws of 
the country to which the chemical is exported or serves as 
a broker or trader for an international transaction involv-
ing a listed chemical, if the transaction is in violation of 
the laws of the country to which the chemical is exported; 
‘‘(3) imports or exports a listed chemical knowing, or 
having reasonable cause to believe, that the chemical will 
be used to manufacture a controlled substance in violation 
of the Controlled Substances Act or the Controlled Sub-
stances Import or Export Act; 
‘‘(4) exports a listed chemical, or serves as a broker or 
trader for an international transaction involving a listed 
chemical, knowing, or having reasonable cause to believe, 
that the chemical will be used to manufacture a controlled 
substance in violation of the laws of the country to which 
the chemical is exported; 
‘‘(5) imports or exports a listed chemical, with the intent 
to evade the reporting or recordkeeping requirements of 
section 1018 applicable to such importation or exportation 
by falsely representing to the Attorney General that the im-
portation or exportation qualifies for a waiver of the 15-day 
notification requirement granted pursuant to section 
1018(e) (2) or (3) of the Controlled Substances Import and 
Export Act by misrepresenting the actual country of final 
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destination of the listed chemical or the actual listed chem-
ical being imported or exported; 
‘‘(6) imports or exports a listed chemical in violation of 
section 1007 or 1018; or 
‘‘(7) manufactures, possesses with intent to distribute, or 
distributes a listed chemical in violation of section 1009; 
shall be imprisoned not more than 20 years in the case of a 
violation of paragraph (1) or (3) involving a list I chemical or 
not more than 10 years in the case of a violation of this sub-
section other than a violation of paragraph (1) or (3) involving 
a list I chemical, or both. 
‘‘§ 418. Prohibited acts related to foreign terrorist 
organizations or terrorist persons and 
groups 
‘‘(a) OFFENSE.—Whoever, as made applicable in subsection 
(b), engages in conduct that would be punishable under section 
841(a) of this title if committed within the jurisdiction of the 
United States, knowing or intending to provide, directly or indi-
rectly, anything of pecuniary value to any person or organiza-
tion that has engaged or engages in terrorist activity (as de-
fined in section 212(a)(3)(B) of the Immigration and Nation-
ality Act) or terrorism (as defined in section 140(d)(2) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 
1989), shall be sentenced to a term of imprisonment of not less 
than twice the minimum punishment under section 841(b)(1), 
and not more than life. Notwithstanding section 3583 of this 
title 18, any sentence imposed under this subsection shall in-
clude a term of supervised release of at least 5 years in addi-
tion to such term of imprisonment. 
‘‘(b) APPLICABILITY.—The conduct described in subsection 
(a) is an offense if— 
‘‘(1) the prohibited drug activity or the terrorist offense 
is in violation of the criminal laws of the United States; 
‘‘(2) the offense, the prohibited drug activity, or the ter-
rorist offense occurs in or affects interstate or foreign com-
merce; 
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‘‘(3) an offender provides anything of pecuniary value for 
a terrorist offense that causes or is designed to cause death 
or serious bodily injury to a national of the United States 
while that national is outside the United States, or sub-
stantial damage to the property of a legal entity organized 
under the laws of the United States (including any of its 
States, districts, commonwealths, territories, or posses-
sions) while that property is outside of the United States; 
‘‘(4) the offense or the prohibited drug activity occurs in 
whole or in part outside of the United States (including on 
the high seas), and a perpetrator of the offense or the pro-
hibited drug activity is a national of the United States or 
a legal entity organized under the laws of the United States 
(including any of its States, districts, commonwealths, ter-
ritories, or possessions); or 
‘‘(5) after the conduct required for the offense occurs an 
offender is brought into or found in the United States, even 
if the conduct required for the offense occurs outside the 
United States. 
‘‘(c) PROOF REQUIREMENTS.—To violate subsection (a), a 
person must have knowledge that the person or organization 
has engaged or engages in terrorist activity (as defined in sec-
tion 212(a)(3)(B) of the Immigration and Nationality Act) or 
terrorism (as defined in section 140(d)(2) of the Foreign Rela-
tions Authorization Act, Fiscal Years 1988 and 1989). 
‘‘(d) DEFINITION.—As used in this section, the term ‘any-
thing of pecuniary value’ has the meaning given the term in 
section 506. 
‘‘CHAPTER 19—ORGANIZED CRIME 
‘‘Subchapter 
Sec. 
‘‘A. Racketeering .........................................................................
501 
‘‘B. Racketeer influenced and corrupt organizations ..
511 
‘‘C. Criminal street gangs ........................................................
521 
‘‘SUBCHAPTER A—RACKETEERING 
‘‘Sec. 
‘‘501.
Interference with commerce by threats or violence. 
‘‘502.
Interstate and foreign travel or transportation in aid of racketeering 
enterprises. 
‘‘503.
Interstate transportation of wagering paraphernalia. 
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‘‘504.
Offer, acceptance, or solicitation to influence operations of employee 
benefit plan. 
‘‘505.
Prohibition of illegal gambling businesses. 
‘‘506.
Use of interstate commerce facilities in the commission of murder- 
for-hire. 
‘‘507.
Violent crimes in aid of racketeering activity. 
‘‘508.
Prohibition of unlicensed money transmitting businesses. 
‘‘§ 501. Interference with commerce by threats or 
violence 
‘‘(a) OFFENSE.—Whoever affects interstate or foreign com-
merce, by robbery or extortion or commits or threatens physical 
violence to any person or property in furtherance of a plan or 
purpose to do anything in violation of this section shall be im-
prisoned not more than 20 years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) The term ‘robbery’ means the unlawful taking or 
obtaining of personal property from the person or presence 
of another, against his will, by means of actual or threat-
ened force, or violence, or fear of injury, immediate or fu-
ture, to his person or property, or property in his custody 
or possession, or the person or property of a relative or 
member of his family or of anyone in his company at the 
time of the taking or obtaining. 
‘‘(2) The term ‘extortion’ means the obtaining of prop-
erty from another, with his consent, induced by wrongful 
use of actual or threatened force, violence, or fear, or under 
color of official right. 
‘‘(c) EXCLUSIONS.—This section does not repeal, modify or 
affect section 6 or 20 of the Clayton Act, the Norris-LaGuardia 
Act, the Labor Management Relations Act, 1947, or the Rail-
way Labor Act. 
‘‘§ 502. Interstate and foreign travel or transpor-
tation in aid of racketeering enterprises 
‘‘(a) ELEMENTS OF OFFENSE.— 
‘‘(1) Whoever travels in interstate or foreign commerce 
or uses the mail or any facility in interstate or foreign com-
merce, with intent to— 
‘‘(A) distribute the proceeds of any unlawful activity; 
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‘‘(B) commit any crime of violence to further any un-
lawful activity; or 
‘‘(C) otherwise promote, manage, establish, carry on, 
or facilitate the promotion, management, establishment, 
or carrying on, of any unlawful activity; 
and thereafter performs or attempts to engage in the conduct 
so intended shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.—The punishment for an offense under 
subsection (a)— 
‘‘(1) with respect to conduct described in subparagraph 
(A) or (C) shall be imprisoned not more than 5 years; or 
‘‘(2) with respect to conduct described in subparagraph 
(B) shall be imprisoned for not more than 20 years and if 
death results shall be imprisoned for any term of years or 
for life. 
‘‘(c) DEFINITIONS.—As used in this section the term ‘unlaw-
ful activity’ means— 
‘‘(1) any business enterprise involving gambling, liquor 
on which the Federal excise tax has not been paid, nar-
cotics or controlled substances (as defined in section 102(6) 
of the Controlled Substances Act), or prostitution offenses 
in violation of the laws of the State in which they are com-
mitted or of the United States; 
‘‘(2) extortion, bribery, or arson in violation of the laws 
of the State in which committed or of the United States; 
or 
‘‘(3) any act which is indictable under subchapter II of 
chapter 53 of title 31, or under section 1451 or 1452. 
‘‘§ 503. Interstate transportation of wagering par-
aphernalia 
‘‘(a) OFFENSE.—Whoever, except a common carrier in the 
usual course of its business, knowingly carries or sends in 
interstate or foreign commerce any device to be used— 
‘‘(1) bookmaking; 
‘‘(2) wagering pools with respect to a sporting event; or 
‘‘(3) in a numbers, policy, bolita, or similar game; 
shall be imprisoned for not more than five years. 
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‘‘(b) EXCLUSION.—This section does not apply to— 
‘‘(1) parimutuel betting equipment, parimutuel tickets 
where legally acquired, or parimutuel materials used or de-
signed for use at racetracks or other sporting events in 
connection with which betting is legal under applicable 
State law; 
‘‘(2) the transportation of betting materials to be used 
in the placing of bets or wagers on a sporting event into 
a State in which such betting is legal under the statutes 
of that State; 
‘‘(3) the carriage or transportation in interstate or for-
eign commerce of any newspaper or similar publication; 
‘‘(4) equipment, tickets, or materials used or designed 
for use within a State in a lottery conducted by that State 
acting under authority of State law; or 
‘‘(5) the transportation in foreign commerce to a destina-
tion in a foreign country of equipment, tickets, or materials 
designed to be used within that foreign country in a lottery 
which is authorized by the laws of that foreign country. 
‘‘(c) EFFECT ON STATE PROSECUTIONS.—Nothing in this 
section creates immunity from criminal prosecution under any 
laws of a. 
‘‘(d) DEFINITIONS.— As used in this section— 
‘‘(1) the term‘foreign country’ means any empire, coun-
try, dominion, colony, or protectorate, or any subdivision 
thereof (other than the United States, its territories or pos-
sessions); and 
‘‘(2) the term ‘lottery’ means the pooling of proceeds de-
rived from the sale of tickets or chances and allotting those 
proceeds or parts thereof by chance to one or more chance 
takers or ticket purchasers, but does not include the plac-
ing or accepting of bets or wagers on sporting events or 
contests. 
‘‘§ 504. Offer, acceptance, or solicitation to influ-
ence operations of employee benefit plan 
‘‘(a) OFFENSE.—Whoever, being— 
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‘‘(1) an administrator, officer, trustee, custodian, coun-
sel, agent, or employee of any employee welfare benefit plan 
or employee pension benefit plan; 
‘‘(2) an officer, counsel, agent, or employee of an em-
ployer or an employer any of whose employees are covered 
by such plan; 
‘‘(3) an officer, counsel, agent, or employee of an em-
ployee organization any of whose members are covered by 
such plan; or 
‘‘(4) a person who, or an officer, counsel, agent, or em-
ployee of an organization which, provides benefit plan serv-
ices to such plan; 
receives or agrees to receive or solicits anything of value be-
cause of or with intent to be influenced with respect to, any 
of the actions, decisions, or other duties relating to any ques-
tion or matter concerning such plan or any person who directly 
or indirectly gives or offers, or promises to give or offer, any-
thing prohibited by this section shall be imprisoned not more 
than three years. 
‘‘(b) EXCLUSION.—This section does not prohibit the pay-
ment to or acceptance by any person of bona fide salary, com-
pensation, or other payments made for goods or facilities actu-
ally furnished or for services actually performed in the regular 
course of his duties as such person, administrator, officer, 
trustee, custodian, counsel, agent, or employee of such plan, 
employer, employee organization, or organization providing ben-
efit plan services to such plan. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘any employee welfare benefit plan’ or ‘em-
ployee pension benefit plan’ means any employee welfare 
benefit plan or employee pension benefit plan, respectively, 
subject to any provision of title I of the Employee Retire-
ment Income Security Act of 1974; and 
‘‘(2) the term ‘employee organization’ and ‘adminis-
trator’ have the meanings given those terms, respectively, 
in sections 3(4) and (3)(16) of the Employee Retirement 
Income Security Act of 1974. 
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‘‘§ 505. Prohibition of illegal gambling businesses 
‘‘(a) OFFENSE.—Whoever conducts, finances, manages, su-
pervises, directs, or owns all or part of an illegal gambling busi-
ness shall be imprisoned not more than five years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘illegal gambling business’ means a gam-
bling business which— 
‘‘(A) is a violation of the law of a State or political 
subdivision in which it is conducted; 
‘‘(B) involves five or more persons who conduct, fi-
nance, manage, supervise, direct, or own all or part of 
such business; and 
‘‘(C) has been or remains in substantially continuous 
operation for a period in excess of 30 days or has a 
gross revenue of $2,000 in any single day; 
‘‘(2) the term ‘gambling’ includes pool-selling, book-
making, maintaining slot machines, roulette wheels or dice 
tables, and conducting lotteries, policy, bolita or numbers 
games, or selling chances therein. 
‘‘(c) ESTABLISHMENT
OF PROBABLE CAUSE.—If five or 
more persons conduct, finance, manage, supervise, direct, or 
own all or part of a gambling business and such business oper-
ates for two or more successive days, then, for the purpose of 
obtaining warrants for arrests, interceptions, and other 
searches and seizures, probable cause that the business receives 
gross revenue in excess of $2,000 in any single day shall be 
deemed to have been established. 
‘‘(d) FORFEITURE.—Any property, including money, used in 
violation of the provisions of this section may be seized and for-
feited to the United States. All provisions of law relating to the 
seizures, summary, and judicial forfeiture procedures, and con-
demnation of vessels, vehicles, merchandise, and baggage for 
violation of the customs laws; the disposition of such vessels, 
vehicles, merchandise, and baggage or the proceeds from such 
sale; the remission or mitigation of such forfeitures; and the 
compromise of claims and the award of compensation to in-
formers in respect of such forfeitures shall apply to seizures 
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and forfeitures incurred or alleged to have been incurred under 
the provisions of this section, insofar as applicable and not in-
consistent with such provisions. Such duties as are imposed 
upon the collector of customs or any other person in respect 
to the seizure and forfeiture of vessels, vehicles, merchandise, 
and baggage under the customs laws shall be performed with 
respect to seizures and forfeitures of property used or intended 
for use in violation of this section by such officers, agents, or 
other persons as may be designated for that purpose by the At-
torney General. 
‘‘(e) EXCLUSION.—This section does not apply to any bingo 
game, lottery, or similar game of chance conducted by an orga-
nization exempt from tax under paragraph (3) of subsection (c) 
of section 501 of the Internal Revenue Code of 1986, as 
amended, if no part of the gross receipts derived from such ac-
tivity inures to the benefits of any private shareholder, member, 
or employee of such organization except as compensation for 
actual expenses incurred by him in the conduct of such activity. 
‘‘§ 506. Use of interstate commerce facilities in the 
commission of murder-for-hire 
‘‘(a) OFFENSE.—Whoever travels in or causes another (in-
cluding the intended victim) to travel in interstate or foreign 
commerce, or uses or causes another (including the intended 
victim) to use the mail or any facility of interstate or foreign 
commerce, with intent that a murder be committed in violation 
of the laws of any State or the United States as consideration 
for the receipt of, or as consideration for a promise or agree-
ment to pay, anything of pecuniary value shall be imprisoned 
for not more than ten years; and if personal injury results, 
shall be imprisoned for not more than twenty years; and if 
death results, shall be punished by death or life imprisonment. 
‘‘(b) DEFINITION.—As used in this section and section 
507— 
‘‘(1) the term ‘anything of pecuniary value’ means any-
thing of value in the form of money, a negotiable instru-
ment, a commercial interest, or anything else the primary 
significance of which is economic advantage; and 
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‘‘(2) the term ‘facility of interstate or foreign commerce’ 
includes means of transportation and communication. 
‘‘§ 507. Violent crimes in aid of racketeering activ-
ity 
‘‘(a) OFFENSE.—Whoever, as consideration for the receipt 
of, or as consideration for a promise or agreement to pay, any-
thing of pecuniary value from an enterprise engaged in racket-
eering activity, or for the purpose of gaining entrance to or 
maintaining or increasing position in an enterprise engaged in 
racketeering activity, murders, kidnaps, maims, assaults with a 
dangerous weapon, commits assault resulting in serious bodily 
injury upon, or threatens to commit a crime of violence against 
any individual in violation of the laws of any State or the 
United States shall be punished— 
‘‘(1) for murder, by death or life imprisonment; and for 
kidnapping, by imprisonment for any term of years or for 
life; 
‘‘(2) for maiming, by imprisonment for not more than 
thirty years; 
‘‘(3) for assault with a dangerous weapon or assault re-
sulting in serious bodily injury, by imprisonment for not 
more than twenty years; 
‘‘(4) for threatening to commit a crime of violence, by 
imprisonment for not more than five years; 
‘‘(5) for attempting or conspiring to commit murder or 
kidnapping, by imprisonment for not more than ten years; 
and 
‘‘(6) for attempting or conspiring to commit a crime in-
volving maiming, assault with a dangerous weapon, or as-
sault resulting in serious bodily injury, by imprisonment for 
not more than three years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘racketeering activity’ has the meaning set 
forth in section 511; and 
‘‘(2) the term ‘enterprise’ includes any partnership, cor-
poration, association, or other legal entity, and any union 
or group of individuals associated in fact although not a 
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legal entity, which is engaged in, or the activities of which 
affect, interstate or foreign commerce. 
‘‘§ 508. Prohibition of unlicensed money transmit-
ting businesses 
‘‘(a) OFFENSE.—Whoever knowingly conducts, controls, 
manages, supervises, directs, or owns all or part of an unli-
censed money transmitting business, shall be imprisoned not 
more than 5 years. 
‘‘(b) DEFINITION.—As used in this section— 
‘‘(1) the term ‘unlicensed money transmitting business’ 
means a money transmitting business which affects inter-
state or foreign commerce in any manner or degree and— 
‘‘(A) is operated without an appropriate money 
transmitting license in a State where such operation is 
punishable as a misdemeanor or a felony under State 
law, whether or not the defendant knew that the oper-
ation was required to be licensed or that the operation 
was so punishable; 
‘‘(B) fails to comply with the money transmitting 
business registration requirements under section 5330 
of title 31, or regulations prescribed under such sec-
tion; or 
‘‘(C) otherwise involves the transportation or trans-
mission of funds that are known to the defendant to 
have been derived from a criminal offense or are in-
tended to be used to promote or support unlawful activ-
ity; and 
‘‘(2) the term ‘money transmitting’ includes transferring 
funds on behalf of the public by any and all means includ-
ing but not limited to transfers within this country or to 
locations abroad by wire, check, draft, facsimile, or courier. 
‘‘SUBCHAPTER B—RACKETEER INFLUENCED AND 
CORRUPT ORGANIZATIONS 
‘‘Sec. 
‘‘511.
Definitions. 
‘‘512.
Prohibited activities. 
‘‘513.
Criminal penalties. 
‘‘514.
Civil remedies. 
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‘‘515.
Venue and process. 
‘‘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 Con-
trolled Substances 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 fol-
lowing provisions of this title: Section 991 (relating to 
bribery), section 1007 (relating to sports bribery), sec-
tions 692, 693, and 694 (relating to counterfeiting), 
section 647 (relating to theft from interstate shipment) 
if the act indictable under section 647 is felonious, sec-
tion 651 (relating to embezzlement from pension and 
welfare funds), sections 155, 156, 157, 159 (relating to 
extortionate credit transactions), section 783 (relating 
to fraud and related activity in connection with identi-
fication documents), section 784 (relating to fraud and 
related activity in connection with access devices), sec-
tion 1381 (relating to the transmission of gambling in-
formation), section 801 (relating to mail fraud), section 
803 (relating to wire fraud), section 804 (relating to fi-
nancial institution fraud), section 325 (relating to the 
procurement of citizenship or nationalization unlaw-
fully), section 316 (relating to the sale of naturalization 
or citizenship papers), 318 (relating to bringing in or 
harboring certain aliens), 321 (relating to aiding or as-
sisting certain aliens to enter the United States), (if 
the violation of section 318 or 321 was committed for 
financial gain) sections 1441–1443 (relating to obscene 
matter), section 1132 (relating to obstruction of jus-
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tice), section 1135 (relating to obstruction of criminal 
investigations), section 1137 (relating to the obstruc-
tion of State or local law enforcement), section 1138 
(relating to tampering with a witness, victim, or an in-
formant), section 1139 (relating to retaliating against 
a witness, victim, or an informant), section 311 (relat-
ing to false statement in application and use of pass-
port), section 312 (relating to forgery or false use of 
passport), section 313 (relating to misuse of passport), 
section 314 (relating to fraud and misuse of visas, per-
mits, and other documents), sections 1261–1266 (relat-
ing to peonage, slavery, and trafficking in persons), 
section 501 (relating to interference with commerce, 
robbery, or extortion), section 502 (relating to racket-
eering), section 503 (relating to interstate transpor-
tation of wagering paraphernalia), section 504 (relating 
to unlawful welfare fund payments), section 505 (relat-
ing to the prohibition of illegal gambling businesses), 
section 1451 (relating to the laundering of monetary 
instruments), section 1452 (relating to engaging in 
monetary transactions in property derived from speci-
fied unlawful activity), section 506 (relating to use of 
interstate commerce facilities in the commission of 
murder-for-hire), section 508 (relating to prohibition of 
unlicensed money transmitting businesses), sections 
221, 222, and 223 (relating to sexual exploitation of 
children), sections 671 and 672 (relating to interstate 
transportation of stolen motor vehicles), sections 674 
and 675 (relating to interstate transportation of stolen 
property), section 676 (relating to trafficking in coun-
terfeit labels for phonorecords, computer programs or 
computer program documentation or packaging and 
copies of motion pictures or other audiovisual works), 
section 678 (relating to criminal infringement of a 
copyright), section 679 (relating to unauthorized fixa-
tion of and trafficking in sound recordings and music 
videos of live musical performances), section 680 (relat-
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ing to trafficking in goods or services bearing counter-
feit marks), section 682 (relating to trafficking in cer-
tain motor vehicles or motor vehicle parts), sections 
1411–1415 (relating to trafficking in contraband ciga-
rettes), sections 211–214 (relating to white slave traf-
fic), sections 621–627 (relating to biological weapons), 
sections 363 (relating to chemical weapons), section 
601 (relating to nuclear materials); 
‘‘(C) any act which is indictable under section 302 
of the Labor Management Relations Act, 1947, section 
186 (dealing with restrictions on payments and loans 
to labor organizations) or section 501(c) (relating to 
embezzlement from union funds); 
‘‘(D) any offense involving fraud connected with a 
case under title 11 (except a case under section 875 of 
this title), fraud in the sale of securities, or the felo-
nious manufacture, importation, receiving, concealment, 
buying, selling, or otherwise dealing in a controlled sub-
stance or listed chemical (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 section 278 
of the Immigration and Nationality Act, if the act in-
dictable under such section of such Act was committed 
for the purpose of financial gain; or 
‘‘(G) any act that is indictable under any provision 
listed in section 274(g)(5)(B); 
‘‘(2) the term ‘person’ includes any individual or entity 
capable of holding a legal or beneficial interest in property; 
‘‘(3) the term ‘enterprise’ includes any individual, part-
nership, corporation, association, or other legal entity, and 
any union or group of individuals associated in fact al-
though not a legal entity; 
‘‘(4) the term ‘pattern of racketeering activity’ requires 
at least two acts of racketeering activity, one of which oc-
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160 
curred after October 15, 1970 and the last of which oc-
curred within ten years (excluding any period of imprison-
ment) after the commission of a prior act of racketeering 
activity; 
‘‘(5) 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 un-
enforceable under State or Federal law in whole or in 
part as to principal or interest because of the laws re-
lating to usury; and 
‘‘(B) which was incurred in connection with the busi-
ness 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 usu-
rious rate is at least twice the enforceable rate; 
‘‘(6) the term ‘racketeering investigator’ means any at-
torney or investigator so designated by the Attorney Gen-
eral and charged with the duty of enforcing or carrying 
into effect this chapter; 
‘‘(7) the term ‘racketeering investigation’ means any in-
quiry conducted by any racketeering investigator for the 
purpose of ascertaining whether any person has been in-
volved in any violation of this subchapter or of any final 
order, judgment, or decree of any court of the United 
States, duly entered in any case or proceeding arising 
under this subchapter; 
‘‘(8) the term ‘documentary material’ includes any book, 
paper, document, record, recording, or other material; and 
‘‘(9) the term ‘Attorney General’ includes the Attorney 
General of the United States, the Deputy Attorney General 
of the United States, the Associate Attorney General of the 
United States, any Assistant Attorney General of the 
United States, or any employee of the Department of Jus-
tice or any employee of any department or agency of the 
United States so designated by the Attorney General to 
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carry out the powers conferred on the Attorney General by 
this chapter, and any department or agency so designated 
may use in investigations authorized by this subchapter ei-
ther the investigative provisions of this subchapter or the 
investigative power of such department or agency otherwise 
conferred by law. 
‘‘§ 512. Prohibited activities 
‘‘(a) USING OR INVESTING PROCEEDS.—It shall be unlawful 
for any person who has received any income derived, directly 
or indirectly, from a pattern of racketeering activity or through 
collection of an unlawful debt in which such person has partici-
pated as a principal within the meaning of section 2, this title 
title, to use or invest, directly or indirectly, any part of such 
income, or the proceeds of such income, in acquisition of any 
interest in, or the establishment or operation of, any enterprise 
which is engaged in, or the activities of which affect, interstate 
or foreign commerce. A purchase of securities on the open mar-
ket for purposes of investment, and without the intention of 
controlling or participating in the control of the issuer, or of 
assisting another to do so, shall not be unlawful under this sub-
section if the securities of the issuer held by the purchaser, the 
members of his immediate family, and his or their accomplices 
in any pattern or racketeering activity or the collection of an 
unlawful debt after such purchase do not amount in the aggre-
gate 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 un-
lawful for any person through a pattern of racketeering activity 
or through collection of an unlawful debt to acquire or main-
tain, directly or indirectly, any interest in or control of any en-
terprise which is engaged in, or the activities of which affect, 
interstate or foreign commerce. 
‘‘(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 com-
merce, to conduct or participate, directly or indirectly, in the 
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conduct of such enterprise’s affairs through a pattern of rack-
eteering 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 racket-
eering activity for which the maximum penalty includes life im-
prisonment). 
‘‘§ 514. Civil remedies 
‘‘(a) PREVENTION AND RESTRAINT OF VIOLATIONS.—The 
district courts of the United States shall have jurisdiction to 
prevent and restrain violations of section 512 by issuing appro-
priate orders, including— 
‘‘(1) ordering any person to divest any interest in any 
enterprise; and 
‘‘(2) imposing reasonable restrictions on the future ac-
tivities or investments of any person, including— 
‘‘(A) prohibiting that person from engaging in the 
same type of endeavor as the enterprise engaged in, the 
activities of which affect interstate or foreign com-
merce; or 
‘‘(B) ordering dissolution or reorganization of any 
enterprise, making due provision for the rights of inno-
cent persons. 
‘‘(b) PRELIMINARY MATTERS.—The Attorney General may 
institute proceedings under this section. Pending final deter-
mination thereof, the court may at any time enter such re-
straining orders or prohibitions, or take such other actions, in-
cluding the acceptance of satisfactory performance bonds, as it 
shall deem proper. 
‘‘(c) PRIVATE RIGHT OF ACTION.—Any person injured 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 damages he sustains and 
the cost of the suit, including a reasonable attorney’s fee, ex-
cept 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 
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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. 
‘‘(d) ESTOPPEL.—A final judgment or decree rendered in 
favor of the United States in any criminal proceeding brought 
by the United States under this chapter shall estop the defend-
ant from denying the essential allegations of the criminal of-
fense in any subsequent civil proceeding brought by the United 
States. 
‘‘§ 515. Venue and process 
‘‘(a) VENUE.—Any civil action or proceeding under this sub-
chapter 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 dis-
trict 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 mar-
shal thereof. 
‘‘(c) SUBPOENAS.—In any civil or criminal action or pro-
ceeding instituted by the United States under this subchapter 
in the district court of the United States for any judicial dis-
trict, 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 proceeding no such subpena shall be 
issued for service upon 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 action 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. 
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‘‘§ 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 certifi-
cate stating that in the Attorney General’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 district to hear and determine the action. 
‘‘§ 517. Evidence 
‘‘In any proceeding ancillary to or in any civil action insti-
tuted by the United States under this subchapter the pro-
ceedings may be open or closed to the public at the discretion 
of the court after consideration of the rights of affected per-
sons. 
‘‘§ 518. Civil investigative demand 
‘‘(a) ISSUANCE.—If the Attorney General has reason to be-
lieve that any person or enterprise may be in possession, cus-
tody, or control of any documentary materials relevant 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 in-
vestigative demand requiring such person to produce such ma-
terial for examination. 
‘‘(b) CONTENTS.—Each such demand shall— 
‘‘(1) state the nature of the conduct constituting the al-
leged racketeering violation which is under investigation 
and the provision of law applicable thereto; 
‘‘(2) describe the class or classes of documentary mate-
rial produced thereunder with such definiteness and cer-
tainty as to permit such material to be fairly identified; 
‘‘(3) state that the demand is returnable forthwith or 
prescribe a return date which will provide a reasonable pe-
riod of time within which the material so demanded may 
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be assembled and made available for inspection and copying 
or reproduction; and 
‘‘(4) identify the custodian to whom such material 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 subpena duces tecum issued 
by a court of the United States in aid of a grand jury in-
vestigation of such alleged racketeering violation; or 
‘‘(2) require the production of any documentary evidence 
which would be privileged from disclosure if demanded by 
a subpena duces tecum issued by a court of the United 
States in aid of a grand jury investigation of such alleged 
racketeering violation. 
‘‘(d) SERVICE.—Service of any such demand or any petition 
filed under this section may be made upon a person by— 
‘‘(1) delivering a duly executed copy thereof to any part-
ner, executive officer, managing agent, or general agent 
thereof, or to any agent thereof authorized by appointment 
or by law to receive service of process on behalf of such 
person, or upon any individual person; 
‘‘(2) delivering a duly executed copy thereof to the prin-
cipal office or place of business of the person to be served; 
or 
‘‘(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 business. 
‘‘(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 document custodian, and 
such additional racketeering investigators as the Attorney 
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General shall determine from time to time to be necessary 
to serve as deputies 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 busi-
ness of such person, or at such other place as such custo-
dian and such person thereafter may agree and prescribe 
in writing or as the court may direct, pursuant to this sec-
tion on the return date specified in such demand, or on 
such later date as such custodian may prescribe in writing. 
Such person may upon written agreement between 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 regula-
tions 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 material, by any 
individual other than the Attorney General. Under such 
reasonable terms and conditions as the Attorney General 
shall prescribe, documentary material while in the posses-
sion of the custodian shall be available for examination by 
the person who produced such material or any duly author-
ized representatives of such person. 
‘‘(4) Whenever any attorney has been designated to ap-
pear on behalf of the United States before any court or 
grand jury in any case or proceeding involving any alleged 
violation of this chapter, the custodian may deliver to such 
attorney such documentary material in the possession of 
the custodian as such attorney determines to be required 
for use in the presentation of such case or proceeding on 
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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 sub-
chapter, and 
‘‘(B) any case or proceeding arising from such inves-
tigation, 
the custodian shall return to the person who produced such 
material all such material other than copies thereof made 
by the Attorney General pursuant to this subsection which 
has not passed into the control of any court or grand jury 
through the introduction thereof into the record of such 
case or proceeding. 
‘‘(6) When any documentary material has been produced 
by any person under this section for use in any racket-
eering investigation, and no such case or proceeding arising 
therefrom has been instituted within a reasonable time 
after completion of the examination and analysis of all evi-
dence assembled in the course of such investigation, such 
person shall be entitled, upon written demand made upon 
the Attorney General, to the return of all documentary ma-
terial other than copies thereof made pursuant to this sub-
section so produced by such person. 
‘‘(7) In the event of the death, disability, or separation 
from service of the custodian of any documentary 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 Gen-
eral shall promptly— 
‘‘(A) designate another racketeering investigator to 
serve as custodian thereof, and 
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‘‘(B) transmit notice in writing to the person who 
produced such material as to the identity and address 
of the successor so designated. 
Any successor so designated shall have with regard to such 
materials all duties and responsibilities imposed by this sec-
tion upon the predecessor custodian with regard thereto, 
except that he shall not be held responsible for any default 
or dereliction which occurred before the successor’s des-
ignation as custodian. 
‘‘(g) ENFORCEMENT PETITION.—Whenever any person fails 
to comply with any civil investigative demand duly served upon 
him under this section or whenever satisfactory copying or re-
production of any such material cannot be done and such per-
son refuses to surrender such material, the Attorney General 
may file, in the district court of the United States for any judi-
cial 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 district 
such petition shall be filed in the district in which such person 
maintains his principal place of business, or in such other dis-
trict in which such person transacts business as may be agreed 
upon by the parties to such petition. 
‘‘(h) MODIFICATION OR SETTING ASIDE.—Within 20 days 
after the service of any such demand upon any person, or at 
any time before the return date specified in the demand, which-
ever 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 petition for an order of such court modi-
fying or setting aside such demand. The time allowed for com-
pliance 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 
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with the provisions of this section or upon any constitutional 
or other legal right or privilege of such person. 
‘‘(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 person in compliance 
with any such demand, such person may file, in the district 
court of the United States for the judicial 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 custodian of any duty imposed upon him 
by this section. 
‘‘(j) JURISDICTION.—Whenever any petition is filed in any 
district court of the United States under this section, such 
court shall have jurisdiction to hear and determine the matter 
so presented, and to enter such order or orders as may be re-
quired to carry into effect the provisions of this section. 
‘‘SUBCHAPTER C—CRIMINAL STREET GANGS 
‘‘Sec. 
‘‘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 committed an act of juve-
nile delinquency involving a violent or controlled substances 
felony; and 
‘‘(2) the term ‘criminal street gang’ means an ongoing 
group, club, organization, or association of 5 or more per-
sons— 
‘‘(A) that has as 1 of its primary purposes the com-
mission of 1 or more of the criminal offenses described 
in subsection (c); 
‘‘(B) the members of which engage, or have engaged 
within the past 5 years, in a continuing series of of-
fenses described in subsection (c); and 
‘‘(C) the activities of which affect interstate or for-
eign commerce. 
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‘‘(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 cir-
cumstances described in subsection (d). 
‘‘(c) OFFENSES.—The offenses described in this section 
are— 
‘‘(1) a Federal felony involving a controlled substance (as 
defined in section 102 of the Controlled Substances Act (21 
U.S.C. 802)) 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 described 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 knowl-
edge that its members engage in or have engaged in a con-
tinuing series of offenses described in subsection (c); 
‘‘(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 (as defined 
in section 102 of the Controlled Substances Act (21 
U.S.C. 802)) 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 attempted 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 
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against the person of another may be used in the 
course of committing the offense; or 
‘‘(D) a conspiracy to commit an offense described in 
subparagraph (A), (B), or (C). 
‘‘CHAPTER 21—ARSON, FIREARMS, 
EXPLOSIVES, AND WEAPONS CRIMES 
‘‘Subchapter 
Sec. 
‘‘A. Arson ........................................................................................
571 
‘‘B. Firearms .................................................................................
581 
‘‘C. Explosives ..............................................................................
601 
‘‘D. Importation, manufacture, distribution, and stor-
age of Explosive Materials ...................................
611 
‘‘E. Biological weapons .............................................................
621 
‘‘F. Chemical weapons ..............................................................
631 
‘‘SUBCHAPTER A—ARSON 
‘‘Sec. 
‘‘571.
Arson within special maritime and territorial jurisdiction. 
‘‘§ 571. Arson within special maritime and terri-
torial jurisdiction 
‘‘Whoever, within the special maritime and territorial juris-
diction 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, muni-
tions 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 offender shall be imprisoned for any term of 
years or for life. 
‘‘SUBCHAPTER B—FIREARMS 
‘‘Sec. 
‘‘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 
officers. 
‘‘591.
Effect on State law. 
‘‘592.
Use of restricted ammunition. 
‘‘593.
Possession of firearms and dangerous weapons in Federal facilities. 
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‘‘594.
Prohibition on purchase, ownership, or possession of body armor by 
violent felons. 
‘‘§ 581. Definitions 
‘‘For the purposes of this subchapter— 
‘‘(1) The term ‘firearm’ means (A) any weapon (includ-
ing a starter gun) which will or is designed to or may read-
ily be converted to expel a projectile by the action of an ex-
plosive; (B) the frame or receiver of any such weapon; (C) 
any firearm muffler or firearm silencer; or (D) any destruc-
tive 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 incendiary 
charge of more than one-quarter ounce, 
‘‘(v) mine, or 
‘‘(vi) device similar to any of the devices de-
scribed 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 particularly suitable for sport-
ing purposes) by whatever name known which will, or 
which may be 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 designed or in-
tended for use in converting any device into any de-
structive device described in subparagraph (A) or (B) 
and from which a destructive device may be readily as-
sembled. 
Such term does not include any device which is neither de-
signed nor redesigned for use as a weapon; any device, al-
though originally designed for use as a weapon, which is re-
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designed for use as a signaling, pyrotechnic, line throwing, 
safety, or similar device; surplus ordnance sold, loaned, or 
given by the Secretary of the Army pursuant to the provi-
sions of 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 designed or re-
designed, made or remade, and intended to be fired from 
the shoulder and designed or redesigned and made or re-
made to use the energy of an explosive to fire through a 
smooth bore either a number of ball shot or a single projec-
tile for each single pull of the trigger. 
‘‘(4) The term ‘short-barreled shotgun’ means a shotgun 
having one or more barrels less than eighteen inches in 
length and any weapon made from a shotgun (whether by 
alteration, modification or otherwise) 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 rede-
signed, 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 explosive to fire only a single pro-
jectile through a rifled bore for each single pull of the trig-
ger. 
‘‘(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, modi-
fication, or otherwise) if such weapon, as modified, has an 
overall length of less than twenty-six inches. 
‘‘(7) The term ‘importer’ means any person engaged in 
the business of importing or bringing firearms or ammuni-
tion into the United States for purposes of sale or distribu-
tion; and the term ‘licensed importer’ means any such per-
son licensed under the provisions of this chapter. 
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‘‘(8) The term ‘manufacturer’ means any person engaged 
in the business of manufacturing firearms or ammunition 
for purposes of sale or distribution; and the term ‘licensed 
manufacturer’ means any such person licensed under the 
provisions of this chapter. 
‘‘(9) The term ‘dealer’ means (A) any person engaged in 
the business of selling firearms at wholesale or retail, (B) 
any person engaged in the business of repairing firearms 
or of making or fitting special barrels, stocks, or trigger 
mechanisms to firearms, or (C) any person who is a pawn-
broker. The term ‘licensed dealer’ means any dealer who is 
licensed under the provisions of 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 ac-
quires, 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 the provisions of this chapter. 
‘‘(12) The term ‘indictment’ includes an indictment or 
information in any court under which a crime punishable 
by imprisonment for a term exceeding 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 pro-
ceeding. 
‘‘(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 sub-
paragraph (A) if such replica— 
‘‘(i) is not designed or redesigned for using rim-
fire or conventional centerfire fixed ammunition; or 
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‘‘(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 loading shot-
gun, or muzzle loading pistol, which is designed to use 
black powder, or a black powder substitute, and which 
cannot use fixed ammunition. For purposes of this sub-
paragraph, the term ‘antique firearm’ shall not include 
any weapon which incorporates a firearm frame or re-
ceiver, 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 re-
placing the barrel, bolt, breechblock, or any combina-
tion thereof. 
‘‘(15)(A) The term ‘ammunition’ means ammunition or 
cartridge cases, primers, bullets, or propellent powder de-
signed 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 constructed entirely (exclud-
ing the presence of traces of other substances) from 
one or a combination 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 than 25 percent of the 
total weight of the projectile. 
‘‘(C) The term ‘armor piercing ammunition’ does not in-
clude shotgun shot required by Federal or State environ-
mental or game regulations for hunting purposes, a fran-
gible 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 
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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 Attor-
ney General determines to be relevant to the enforcement 
of this chapter and which is contained on a list compiled 
by the Attorney General, which list shall be published in 
the Federal Register, revised annually, and furnished to 
each licensee under this chapter. 
‘‘(17) The term ‘crime punishable by imprisonment for 
a term exceeding one year’ does not include— 
‘‘(A) any Federal or State offenses pertaining to 
antitrust violations, unfair trade practices, restraints of 
trade, or other similar offenses relating to the regula-
tion of business practices, or 
‘‘(B) any State offense classified by the laws of the 
State as a misdemeanor and punishable by a term of 
imprisonment of two years or less. 
What constitutes a conviction of such a crime shall be deter-
mined in accordance with the law of the jurisdiction in which 
the proceedings were held. Any conviction which has been ex-
punged, 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 chapter, 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 firearms, a per-
son who devotes time, attention, and labor to manufac-
turing firearms as a regular course of trade or business 
with the principal objective of livelihood and profit 
through the sale or distribution of the firearms manu-
factured; 
‘‘(B) as applied to a manufacturer of ammunition, a 
person who devotes time, attention, and labor to manu-
facturing ammunition as a regular course of trade or 
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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 section 921(a)(11)(A), a person who devotes time, 
attention, and labor to dealing in firearms as a regular 
course of trade or business with the principal objective 
of livelihood and profit through the repetitive purchase 
and resale of firearms, but such term shall not include 
a person who makes occasional sales, exchanges, or 
purchases of firearms for the enhancement of a per-
sonal 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 section 921(a)(11)(B), a person who devotes time, 
attention, and labor to engaging in such activity as a 
regular course of trade or business with the principal 
objective of livelihood and profit, but such term shall 
not include a person who makes occasional repairs of 
firearms, 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 distribution of the firearms imported; and 
‘‘(F) as applied to an importer of ammunition, a per-
son 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 underlying the sale or 
disposition of firearms is predominantly one of obtaining 
livelihood and pecuniary gain, as opposed to other intents, 
such as improving or liquidating a personal firearms collec-
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tion: Provided, That proof of profit shall not be required 
as to a person who engages in the regular and repetitive 
purchase and disposition of firearms for criminal purposes 
or terrorism. For purposes of this paragraph, the term ‘ter-
rorism’ means activity, directed against United States per-
sons, which— 
‘‘(A) is committed by an individual who is not a na-
tional or permanent resident alien of the United States; 
‘‘(B) involves violent acts or acts dangerous to 
human life which would be a criminal violation if com-
mitted within the jurisdiction of the United States; and 
‘‘(C) is intended— 
‘‘(i) to intimidate or coerce a civilian population; 
‘‘(ii) to influence the policy of a government by 
intimidation or coercion; or 
‘‘(iii) to affect the conduct of a government by 
assassination or kidnapping. 
‘‘(20) The term ‘machinegun’ has the meaning given 
such term in section 5845(b) of the National Firearms Act 
(26 U.S.C. 5845(b)). 
‘‘(21) The terms ‘firearm silencer’ and ‘firearm muffler’ 
mean any device for silencing, muffling, or diminishing the 
report of a portable firearm, including any combination of 
parts, designed or redesigned, and intended for use in as-
sembling or fabricating a firearm silencer or firearm muf-
fler, and any part intended only for use in such assembly 
or fabrication. 
‘‘(22) The term ‘school zone’ means— 
‘‘(A) in, or on the grounds of, a public, parochial or 
private school; or 
‘‘(B) within a distance of 1,000 feet from the 
grounds of a public, parochial or private school. 
‘‘(23) The term ‘school’ means a school which provides 
elementary or secondary education, as determined under 
State law. 
‘‘(24) The term ‘motor vehicle’ has the meaning given 
such term in section 13102 of title 49. 
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‘‘(25) The term ‘semiautomatic rifle’ means any repeat-
ing 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 requires a separate pull of the 
trigger to fire each cartridge. 
‘‘(26) The term ‘handgun’ means— 
‘‘(A) a firearm which has a short stock and is de-
signed to be held and fired by the use of a single hand; 
and 
‘‘(B) any combination of parts from which a 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 per-
son, and an individual who cohabitates or has cohabited 
with the person. 
‘‘(28)(A) The term ‘misdemeanor crime of domestic vio-
lence’ means an offense that— 
‘‘(i) is a misdemeanor under Federal, State, or Trib-
al law; and 
‘‘(ii) has, as an element, the use or attempted use of 
physical force, or the threatened use of a deadly weap-
on, 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 guardian of the victim. 
‘‘(B)(i) A person shall not be considered to have been 
convicted of such an offense for purposes of this chapter, 
unless— 
‘‘(I) the person was represented by counsel in the 
case, or knowingly and intelligently waived the right to 
counsel in the case; and 
‘‘(II) in the case of a prosecution for an offense de-
scribed in this paragraph for which a person was enti-
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tled to a jury trial in the jurisdiction in which the case 
was tried, either— 
‘‘(aa) the case was tried by a jury; or 
‘‘(bb) the person knowingly and intelligently 
waived the right to have the case tried by a jury, 
by guilty plea or otherwise. 
‘‘(ii) A person shall not be considered to have been con-
victed of such an offense for purposes of this chapter if the 
conviction has been expunged or set aside, or is an offense 
for which the person has been pardoned or has had civil 
rights restored (if the law of the applicable jurisdiction pro-
vides for the loss of civil rights under such an offense) un-
less the pardon, expungement, or restoration of civil rights 
expressly provides that the person may not ship, transport, 
possess, or receive firearms. 
‘‘(29) The term ‘secure gun storage or safety device’ 
means— 
‘‘(A) a device that, when installed on a firearm, is 
designed to prevent the firearm from being operated 
without first deactivating the device; 
‘‘(B) a device incorporated into the design of the 
firearm that is designed to prevent the operation of the 
firearm by anyone not having access to the device; or 
‘‘(C) a safe, gun safe, gun case, lock box, or other 
device that is designed to be or can be used to store 
a firearm and that is designed to be unlocked only by 
means of a key, a combination, or other similar means. 
‘‘(30) The term ‘body armor’ means any product sold or 
offered for sale, in interstate or foreign commerce, as per-
sonal protective body covering intended to protect against 
gunfire, regardless of whether the product is to be worn 
alone or is sold as a complement to another product or gar-
ment. 
‘‘(31) A member of the Armed Forces on active duty is 
a resident of the State in which his permanent duty station 
is located. 
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181 
‘‘§ 582. Unlawful acts 
‘‘(a) It shall be unlawful— 
‘‘(1) for any person— 
‘‘(A) except a licensed importer, licensed manufac-
turer, or licensed dealer, to engage in the business of 
importing, manufacturing, or dealing in firearms, or in 
the course of such business to ship, transport, or re-
ceive any firearm in interstate or foreign commerce; or 
‘‘(B) except a licensed importer or licensed manufac-
turer, to engage in the business of importing or manu-
facturing ammunition, or in the course of such busi-
ness, to ship, transport, or receive any ammunition in 
interstate or foreign commerce; 
‘‘(2) for any importer, manufacturer, dealer, or collector 
licensed under the provisions of this chapter to ship or 
transport in interstate or foreign commerce any firearm to 
any person other than a licensed importer, licensed manu-
facturer, licensed dealer, or licensed collector, except that— 
‘‘(A) this paragraph and subsection (b)(3) shall not 
be held to preclude a licensed importer, licensed manu-
facturer, licensed dealer, or licensed collector from re-
turning a firearm or replacement firearm of the same 
kind and type to a person from whom it was received; 
and this paragraph shall not be held to preclude an in-
dividual from mailing a firearm owned in compliance 
with Federal, State, and local law to a licensed im-
porter, licensed manufacturer, licensed dealer, or li-
censed collector; 
‘‘(B) this paragraph shall not be held to preclude a 
licensed importer, licensed manufacturer, or licensed 
dealer from depositing a firearm for conveyance in the 
mails to any officer, employee, agent, or watchman 
who, pursuant to the provisions of section 1715 of this 
title, is eligible to receive through the mails pistols, re-
volvers, and other firearms capable of being concealed 
on the person, for use in connection with his official 
duty; and 
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182 
‘‘(C) nothing in this paragraph shall be construed as 
applying in any manner in the District of Columbia, 
the Commonwealth of Puerto Rico, or any possession 
of the United States differently than it would apply if 
the District of Columbia, the Commonwealth of Puerto 
Rico, or the possession were in fact a State of the 
United States; 
‘‘(3) for any person, other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector 
to transport into or receive in the State where he resides 
(or if the person is a corporation or other business entity, 
the State where it maintains a place of business) any fire 
arm purchased or otherwise obtained by such person out-
side that State, except that this paragraph (A) shall not 
preclude any person who lawfully acquires a firearm by be-
quest or intestate succession in a State other than his 
State of residence from transporting the firearm into or re-
ceiving it in that State, if it is lawful for such person to 
purchase or possess such firearm in that State, (B) shall 
not apply to the transportation or receipt of a firearm ob-
tained in conformity with subsection (b)(3) of this section, 
and (C) shall not apply to the transportation of any fire-
arm acquired in any State prior to the effective date of this 
chapter; 
‘‘(4) for any person, other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector, 
to transport in interstate or foreign commerce any destruc-
tive device, machinegun (as defined in section 5845 of the 
Internal Revenue Code of 1986), short-barreled shotgun, or 
short-barreled rifle, except as specifically authorized by the 
Attorney General consistent with public safety and neces-
sity; 
‘‘(5) for any person (other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector) 
to transfer, sell, trade, give, transport, or deliver any fire-
arm to any person (other than a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector) who the 
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183 
transferor knows or has reasonable cause to believe does 
not reside in (or if the person is a corporation or other 
business entity, does not maintain a place of business in) 
the State in which the transferor resides; except that this 
paragraph shall not apply to (A) the transfer, transpor-
tation, or delivery of a firearm made to carry out a bequest 
of a firearm to, or an acquisition by intestate succession of 
a firearm by, a person who is permitted to acquire or pos-
sess a firearm under the laws of the State of his residence, 
and (B) the loan or rental of a firearm to any person for 
temporary use for lawful sporting purposes; 
‘‘(6) for any person in connection with the acquisition or 
attempted acquisition of any firearm or ammunition from 
a licensed importer, licensed manufacturer, licensed dealer, 
or licensed collector, knowingly to make any false or ficti-
tious oral or written statement or to furnish or exhibit any 
false, fictitious, or misrepresented identification, intended 
or likely to deceive such importer, manufacturer, dealer, or 
collector with respect to any fact material to the lawfulness 
of the sale or other disposition of such firearm or ammuni-
tion under the provisions of this chapter; 
‘‘(7) for any person to manufacture or import armor 
piercing ammunition, unless— 
‘‘(A) the manufacture of such ammunition is for the 
use of the United States, any department or agency of 
the United States, any State, or any department, agen-
cy, or political subdivision of a State; 
‘‘(B) the manufacture of such ammunition is for the 
purpose of exportation; or 
‘‘(C) the manufacture or importation of such ammu-
nition is for the purpose of testing or experimentation 
and has been authorized by the Attorney General; 
‘‘(8) for any manufacturer or importer to sell or deliver 
armor piercing ammunition, unless such sale or delivery— 
‘‘(A) is for the use of the United States, any depart-
ment or agency of the United States, any State, or any 
department, agency, or political subdivision of a State; 
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184 
‘‘(B) is for the purpose of exportation; or 
‘‘(C) is for the purpose of testing or experimentation 
and has been authorized by the Attorney General; and 
‘‘(9) for any person, other than a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector, 
who does not reside in any State to receive any firearms 
unless such receipt is for lawful sporting purposes. 
‘‘(b) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector to sell or de-
liver— 
‘‘(1) any firearm or ammunition to any individual who 
the licensee knows or has reasonable cause to believe is less 
than eighteen years of age, and, if the firearm, or ammuni-
tion is other than a shotgun or rifle, or ammunition for a 
shotgun or rifle, to any individual who the licensee knows 
or has reasonable cause to believe is less than twenty-one 
years of age; 
‘‘(2) any firearm to any person in any State where the 
purchase or possession by such person of such firearm 
would be in violation of any State law or any published or-
dinance applicable at the place of sale, delivery or other 
disposition, unless the licensee knows or has reasonable 
cause to believe that the purchase or possession would not 
be in violation of such State law or such published ordi-
nance; 
‘‘(3) any firearm to any person who the licensee knows 
or has reasonable cause to believe does not reside in (or if 
the person is a corporation or other business entity, does 
not maintain a place of business in) the State in which the 
licensee’s place of business is located, except that this para-
graph (A) shall not apply to the sale or delivery of any rifle 
or shotgun to a resident of a State other than a State in 
which the licensee’s place of business is located if the trans-
feree meets in person with the transferor to accomplish the 
transfer, and the sale, delivery, and receipt fully comply 
with the legal conditions of sale in both such States (and 
any licensed manufacturer, importer or dealer shall be pre-
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185 
sumed, for purposes of this subparagraph, in the absence 
of evidence to the contrary, to have had actual knowledge 
of the State laws and published ordinances of both States), 
and (B) shall not apply to the loan or rental of a firearm 
to any person for temporary use for lawful sporting pur-
poses; 
‘‘(4) to any person any destructive device, machinegun 
(as defined in section 5845 of the Internal Revenue Code 
of 1986), short-barreled shotgun, or short-barreled rifle, ex-
cept as specifically authorized by the Attorney General con-
sistent with public safety and necessity; and 
‘‘(5) any firearm or armor-piercing ammunition to any 
person unless the licensee notes in his records, required to 
be kept pursuant to section 923 of this chapter, the name, 
age, and place of residence of such person if the person is 
an individual, or the identity and principal and local places 
of business of such person if the person is a corporation 
or other business entity. 
Paragraphs (1), (2), (3), and (4) of this subsection shall not 
apply to transactions between licensed importers, licensed man-
ufacturers, licensed dealers, and licensed collectors. Paragraph 
(4) of this subsection shall not apply to a sale or delivery to 
any research organization designated by the Attorney General. 
‘‘(c) In any case not otherwise prohibited by this chapter, a 
licensed importer, licensed manufacturer, or licensed dealer 
may sell a firearm to a person who does not appear in person 
at the licensee’s business premises (other than another licensed 
importer, manufacturer, or dealer) only if— 
‘‘(1) the transferee submits to the transferor a sworn 
statement in the following form: 
‘‘‘Subject to penalties provided by law, I swear that, 
in the case of any firearm other than a shotgun or a 
rifle, I am twenty-one years or more of age, or that, 
in the case of a shotgun or a rifle, I am eighteen years 
or more of age; that I am not prohibited by the provi-
sions of subchapter B of chapter 21 of this title, from 
receiving a firearm in interstate or foreign commerce; 
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186 
and that my receipt of this firearm will not be in viola-
tion of any statute of the State and published ordi-
nance applicable to the locality in which I reside. Fur-
ther, the true title, name, and address of the principal 
law enforcement officer of the locality to which the fire-
arm will be delivered are — — — — — — — — — 
— — — — — — — — — — — — — — — — 
— — — — — Signature — — — — — — — — 
— — Date — — — —.’ and containing blank spaces 
for the attachment of a true copy of any permit or 
other information required pursuant to such statute or 
published ordinance; 
‘‘(2) the transferor has, prior to the shipment or delivery 
of the firearm, forwarded by registered or certified mail 
(return receipt requested) a copy of the sworn statement, 
together with a description of the firearm, in a form pre-
scribed by the Attorney General, to the chief law enforce-
ment officer of the transferee’s place of residence, and has 
received a return receipt evidencing delivery of the state-
ment or has had the statement returned due to the refusal 
of the named addressee to accept such letter in accordance 
with United States Post Office Department regulations; 
and 
‘‘(3) the transferor has delayed shipment or delivery for 
a period of at least seven days following receipt of the noti-
fication of the acceptance or refusal of delivery of the state-
ment. 
A copy of the sworn statement and a copy of the notification 
to the local law enforcement officer, together with evidence of 
receipt or rejection of that notification shall be retained by the 
licensee as a part of the records required to be kept under sec-
tion 923(g). 
‘‘(d) It shall be unlawful for any person to sell or otherwise 
dispose of any firearm or ammunition to any person knowing 
or having reasonable cause to believe that such person— 
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‘‘(1) is under indictment for, or has been convicted in 
any court of, a crime punishable by imprisonment for a 
term exceeding one year; 
‘‘(2) is a fugitive from justice; 
‘‘(3) is an unlawful user of or addicted to any controlled 
substance (as defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)); 
‘‘(4) has been adjudicated as a mental defective or has 
been committed to any mental institution; 
‘‘(5) is an alien and— 
‘‘(A) is illegally or unlawfully in the United States; 
or 
‘‘(B) except as provided in subsection (y)(2), has 
been admitted to the United States under a non-
immigrant visa (as that term is defined in section 
101(a)(26) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(26))); 
‘‘(6) has been discharged from the Armed Forces under 
dishonorable conditions; 
‘‘(7) was a citizen of the United States, and has re-
nounced that citizenship; 
‘‘(8) is subject to a court order that restrains such per-
son from harassing, stalking, or threatening an intimate 
partner of such person or child of such intimate partner or 
person, or engaging in other conduct that would place an 
intimate partner in reasonable fear of bodily injury to the 
partner or child, except that this paragraph shall only 
apply to a court order that— 
‘‘(A) was issued after a hearing of which such person 
received actual notice, and at which such person had 
the opportunity to participate; and 
‘‘(B)(i) includes a finding that such person rep-
resents a credible threat to the physical safety of such 
intimate partner or child; or 
‘‘(ii) by its terms explicitly prohibits the use, at-
tempted use, or threatened use of physical force against 
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188 
such intimate partner or child that would reasonably be 
expected to cause bodily injury; or 
‘‘(9) has been convicted in any court of a misdemeanor 
crime of domestic violence. 
This subsection does not apply with respect to the sale or dis-
position of a firearm or ammunition to a licensed importer, li-
censed manufacturer, licensed dealer, or licensed collector who 
pursuant to subsection (b) of section 585 is not precluded from 
dealing in firearms or ammunition, or to a person who has been 
granted relief from disabilities pursuant to subsection (c) of 
section 585. 
‘‘(e) It shall be unlawful for any person knowingly to deliver 
or cause to be delivered to any common or contract carrier for 
transportation or shipment in interstate or foreign commerce, 
to persons other than licensed importers, licensed manufactur-
ers, licensed dealers, or licensed collectors, any package or 
other container in which there is any firearm or ammunition 
without written notice to the carrier that such firearm or am-
munition is being transported or shipped; except that any pas-
senger who owns or legally possesses a firearm or ammunition 
being transported aboard any common or contract carrier for 
movement with the passenger in interstate or foreign commerce 
may deliver said firearm or ammunition into the custody of the 
pilot, captain, conductor or operator of such common or con-
tract carrier for the duration of the trip without violating any 
of the provisions of this chapter. No common or contract car-
rier shall require or cause any label, tag, or other written notice 
to be placed on the outside of any package, luggage, or other 
container that such package, luggage, or other container con-
tains a firearm. 
‘‘(f)(1) It shall be unlawful for any common or contract car-
rier to transport or deliver in interstate or foreign commerce 
any firearm or ammunition with knowledge or reasonable cause 
to believe that the shipment transportation, or receipt thereof 
would be in violation of this chapter. 
‘‘(2) It shall be unlawful for any common or contract carrier 
to deliver in interstate or foreign commerce any firearm with-
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189 
out obtaining written acknowledgement of receipt from the re-
cipient of the package or other container in which there is a 
firearm. 
‘‘(g) It shall be unlawful for any person— 
‘‘(1) who has been convicted in any court of, a crime 
punishable by imprisonment for a term exceeding one year; 
‘‘(2) who is a fugitive from justice; 
‘‘(3) who is an unlawful user of or addicted to any con-
trolled substance (as defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802)); 
‘‘(4) who has been adjudicated as a mental defective or 
who has been committed to a mental institution; 
‘‘(5) who, being an alien— 
‘‘(A) is illegally or unlawfully in the United States; 
or 
‘‘(B) except as provided in subsection (y)(2), has 
been admitted to the United States under a non-
immigrant visa (as that term is defined in section 
101(a)(26) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(26))); 
‘‘(6) who has been discharged from the Armed Forces 
under dishonorable conditions; 
‘‘(7) who, having been a citizen of the United States, has 
renounced his citizenship; 
‘‘(8) who is subject to a court order that— 
‘‘(A) was issued after a hearing of which such person 
received actual notice, and at which such person had an 
opportunity to participate; 
‘‘(B) restrains such person from harassing, stalking, 
or threatening an intimate partner of such person or 
child of such intimate partner or person, or engaging 
in other conduct that would place an intimate partner 
in reasonable fear of bodily injury to the partner or 
child; and 
‘‘(C)(i) includes a finding that such person rep-
resents a credible threat to the physical safety of such 
intimate partner or child; or 
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‘‘(ii) by its terms explicitly prohibits the use, at-
tempted use, or threatened use of physical force against 
such intimate partner or child that would reasonably be 
expected to cause bodily injury; or 
‘‘(9) who has been convicted in any court of a mis-
demeanor crime of domestic violence, 
to ship or transport in interstate or foreign commerce, or pos-
sess in or affecting commerce, any firearm or ammunition; or 
to receive any firearm or ammunition which has been shipped 
or transported in interstate or foreign commerce. 
‘‘(h) It shall be unlawful for any individual, who to that indi-
vidual’s knowledge and while being employed for any person de-
scribed in any paragraph of subsection (g) of this section, in 
the course of such employment— 
‘‘(1) to receive, possess, or transport any firearm or am-
munition in or affecting interstate or foreign commerce; or 
‘‘(2) to receive any firearm or ammunition which has 
been shipped or transported in interstate or foreign com-
merce. 
‘‘(i) It shall be unlawful for any person to transport or ship 
in interstate or foreign commerce, any stolen firearms or stolen 
ammunition, knowing or having reasonable cause to believe that 
the firearm or ammunition was stolen. 
‘‘(j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm or 
stolen ammunition, or pledge or accept as security for a loan 
any stolen firearm or stolen ammunition, which is moving as, 
which is a part of, which constitutes, or which has been shipped 
or transported in, interstate or foreign commerce, either before 
or after it was stolen, knowing or having reasonable cause to 
believe that the firearm or ammunition was stolen. 
‘‘(k) It shall be unlawful for any person knowingly to trans-
port, ship, or receive, in interstate or foreign commerce, any 
firearm which has had the importer’s or manufacturer’s serial 
number removed, obliterated, or altered or to possess or receive 
any firearm which has had the importer’s or manufacturer’s se-
rial number removed, obliterated, or altered and has, at any 
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191 
time, been shipped or transported in interstate or foreign com-
merce. 
‘‘(l) Except as provided in section 585(d), it shall be unlaw-
ful for any person knowingly to import or bring into the United 
States or any possession thereof any firearm or ammunition; 
and it shall be unlawful for any person knowingly to receive 
any firearm or ammunition which has been imported or 
brought into the United States or any possession thereof in vio-
lation of the provisions of this chapter. 
‘‘(m) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector knowingly to 
make any false entry in, to fail to make appropriate entry in, 
or to fail to properly maintain, any record which he is required 
to keep pursuant to section 583 or regulations promulgated 
thereunder. 
‘‘(n) It shall be unlawful for any person who is under indict-
ment for a crime punishable by imprisonment for a term ex-
ceeding one year to ship or transport in interstate or foreign 
commerce any firearm or ammunition or receive any firearm or 
ammunition which has been shipped or transported in inter-
state or foreign commerce. 
‘‘(o)(1) Except as provided in paragraph (2), it shall be un-
lawful for any person to transfer or possess a machinegun. 
‘‘(2) This subsection does not apply with respect to— 
‘‘(A) a transfer to or by, or possession by or under the 
authority of, the United States or any department or agen-
cy thereof or a State, or a department, agency, or political 
subdivision thereof; or 
‘‘(B) any lawful transfer or lawful possession of a ma-
chinegun that was lawfully possessed before the date this 
subsection takes effect. 
‘‘(p)(1) It shall be unlawful for any person to manufacture, 
import, sell, ship, deliver, possess, transfer, or receive any fire-
arm— 
‘‘(A) that, after removal of grips, stocks, and magazines, 
is not as detectable as the Security Exemplar, by walk- 
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through metal detectors calibrated and operated to detect 
the Security Exemplar; or 
‘‘(B) any major component of which, when subjected to 
inspection by the types of x-ray machines commonly used 
at airports, does not generate an image that accurately de-
picts the shape of the component. Barium sulfate or other 
compounds may be used in the fabrication of the compo-
nent. 
‘‘(2) For purposes of this subsection— 
‘‘(A) the term ‘firearm’ does not include the frame or re-
ceiver of any such weapon; 
‘‘(B) the term ‘major component’ means, with respect to 
a firearm, the barrel, the slide or cylinder, or the frame or 
receiver of the firearm; and 
‘‘(C) the term ‘Security Exemplar’ means an object, to 
be fabricated at the direction of the Attorney General, that 
is— 
‘‘(i) constructed of, during the 12-month period be-
ginning on the date of the enactment of this subsection, 
3.7 ounces of material type 17–4 PH stainless steel in 
a shape resembling a handgun; and 
‘‘(ii) suitable for testing and calibrating metal detec-
tors: Provided, however, That at the close of such 12- 
month period, and at appropriate times thereafter the 
Attorney General shall promulgate regulations to per-
mit the manufacture, importation, sale, shipment, deliv-
ery, possession, transfer, or receipt of firearms pre-
viously prohibited under this subparagraph that are as 
detectable as a ‘Security Exemplar’ which contains 3.7 
ounces of material type 17–4 PH stainless steel, in a 
shape resembling a handgun, or such lesser amount as 
is detectable in view of advances in state-of-the-art de-
velopments in weapons detection technology. 
‘‘(3) Under such rules and regulations as the Attorney Gen-
eral shall prescribe, this subsection shall not apply to the man-
ufacture, possession, transfer, receipt, shipment, or delivery of 
a firearm by a licensed manufacturer or any person acting pur-
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suant to a contract with a licensed manufacturer, for the pur-
pose of examining and testing such firearm to determine 
whether paragraph (1) applies to such firearm. The Attorney 
General shall ensure that rules and regulations adopted pursu-
ant to this paragraph do not impair the manufacture of proto-
type firearms or the development of new technology. 
‘‘(4) The Attorney General shall permit the conditional im-
portation of a firearm by a licensed importer or licensed manu-
facturer, for examination and testing to determine whether or 
not the unconditional importation of such firearm would violate 
this subsection. 
‘‘(5) This subsection shall not apply to any firearm which— 
‘‘(A) has been certified by the Secretary of Defense or 
the Director of Central Intelligence, after consultation with 
the Attorney General and the Administrator of the Federal 
Aviation Administration, as necessary for military or intel-
ligence applications; and 
‘‘(B) is manufactured for and sold exclusively to military 
or intelligence agencies of the United States. 
‘‘(6) This subsection shall not apply with respect to any fire-
arm manufactured in, imported into, or possessed in the United 
States before the date of the enactment of the Undetectable 
Firearms Act of 1988. 
‘‘(q)(1) The Congress finds and declares that— 
‘‘(A) crime, particularly crime involving drugs and guns, 
is a pervasive, nationwide problem; 
‘‘(B) crime at the local level is exacerbated by the inter-
state movement of drugs, guns, and criminal gangs; 
‘‘(C) firearms and ammunition move easily in interstate 
commerce and have been found in increasing numbers in 
and around schools, as documented in numerous hearings 
in both the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the 
Senate; 
‘‘(D) in fact, even before the sale of a firearm, the gun, 
its component parts, ammunition, and the raw materials 
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from which they are made have considerably moved in 
interstate commerce; 
‘‘(E) while criminals freely move from State to State, or-
dinary citizens and foreign visitors may fear to travel to or 
through certain parts of the country due to concern about 
violent crime and gun violence, and parents may decline to 
send their children to school for the same reason; 
‘‘(F) the occurrence of violent crime in school zones has 
resulted in a decline in the quality of education in our 
country; 
‘‘(G) this decline in the quality of education has an ad-
verse impact on interstate commerce and the foreign com-
merce of the United States; 
‘‘(H) States, localities, and school systems find it almost 
impossible to handle gun-related crime by themselves--even 
States, localities, and school systems that have made strong 
efforts to prevent, detect, and punish gun-related crime 
find their efforts unavailing due in part to the failure or 
inability of other States or localities to take strong meas-
ures; and 
‘‘(I) the Congress has the power, under the interstate 
commerce clause and other provisions of the Constitution, 
to enact measures to ensure the integrity and safety of the 
Nation’s schools by enactment of this subsection. 
‘‘(2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual 
knows, or has reasonable cause to believe, is a school zone. 
‘‘(B) Subparagraph (A) does not apply to the possession of 
a firearm— 
‘‘(i) on private property not part of school grounds; 
‘‘(ii) if the individual possessing the firearm is licensed 
to do so by the State in which the school zone is located 
or a political subdivision of the State, and the law of the 
State or political subdivision requires that, before an indi-
vidual obtains such a license, the law enforcement authori-
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ties of the State or political subdivision verify that the indi-
vidual is qualified under law to receive the license; 
‘‘(iii) that is— 
‘‘(I) not loaded; and 
‘‘(II) in a locked container, or a locked firearms rack 
that is on a motor vehicle; 
‘‘(iv) by an individual for use in a program approved by 
a school in the school zone; 
‘‘(v) by an individual in accordance with a contract en-
tered into between a school in the school zone and the indi-
vidual or an employer of the individual; 
‘‘(vi) by a law enforcement officer acting in his or her 
official capacity; or 
‘‘(vii) that is unloaded and is possessed by an individual 
while traversing school premises for the purpose of gaining 
access to public or private lands open to hunting, if the 
entry on school premises is authorized by school authori-
ties. 
‘‘(3)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person, knowingly or with reckless disregard 
for the safety of another, to discharge or attempt to discharge 
a firearm that has moved in or that otherwise affects interstate 
or foreign commerce at a place that the person knows is a 
school zone. 
‘‘(B) Subparagraph (A) does not apply to the discharge of 
a firearm— 
‘‘(i) on private property not part of school grounds; 
‘‘(ii) as part of a program approved by a school in the 
school zone, by an individual who is participating in the 
program; 
‘‘(iii) by an individual in accordance with a contract en-
tered into between a school in a school zone and the indi-
vidual or an employer of the individual; or 
‘‘(iv) by a law enforcement officer acting in his or her 
official capacity. 
‘‘(4) Nothing in this subsection shall be construed as pre-
empting or preventing a State or local government from enact-
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196 
ing a statute establishing gun free school zones as provided in 
this subsection. 
‘‘(r) It shall be unlawful for any person to assemble from im-
ported parts any semiautomatic rifle or any shotgun which is 
identical to any rifle or shotgun prohibited from importation 
under section 585(d)(3) as not being particularly suitable for 
or readily adaptable to sporting purposes except that this sub-
section shall not apply to— 
‘‘(1) the assembly of any such rifle or shotgun for sale 
or distribution by a licensed manufacturer to the United 
States or any department or agency thereof or to any State 
or any department, agency, or political subdivision thereof; 
or 
‘‘(2) the assembly of any such rifle or shotgun for the 
purposes of testing or experimentation authorized by the 
Attorney General. 
‘‘(s)(1) Beginning on the date that is 90 days after the date 
of enactment of this subsection and ending on the day before 
the date that is 60 months after such date of enactment, it 
shall be unlawful for any licensed importer, licensed manufac-
turer, or licensed dealer to sell, deliver, or transfer a handgun 
(other than the return of a handgun to the person from whom 
it was received) to an individual who is not licensed under sec-
tion 583, unless— 
‘‘(A) after the most recent proposal of such transfer by 
the transferee— 
‘‘(i) the transferor has— 
‘‘(I) received from the transferee a statement of 
the transferee containing the information described 
in paragraph (3); 
‘‘(II) verified the identity of the transferee by ex-
amining the identification document presented; 
‘‘(III) within 1 day after the transferee furnishes 
the statement, provided notice of the contents of 
the statement to the chief law enforcement officer 
of the place of residence of the transferee; and 
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‘‘(IV) within 1 day after the transferee furnishes 
the statement, transmitted a copy of the statement 
to the chief law enforcement officer of the place of 
residence of the transferee; and 
‘‘(ii)(I) 5 business days (meaning days on which 
State offices are open) have elapsed from the date the 
transferor furnished notice of the contents of the state-
ment to the chief law enforcement officer, during which 
period the transferor has not received information from 
the chief law enforcement officer that receipt or posses-
sion of the handgun by the transferee would be in vio-
lation of Federal, State, or local law; or 
‘‘(II) the transferor has received notice from the 
chief law enforcement officer that the officer has no in-
formation indicating that receipt or possession of the 
handgun by the transferee would violate Federal, State, 
or local law; 
‘‘(B) the transferee has presented to the transferor a 
written statement, issued by the chief law enforcement offi-
cer of the place of residence of the transferee during the 
10-day period ending on the date of the most recent pro-
posal of such transfer by the transferee, stating that the 
transferee requires access to a handgun because of a threat 
to the life of the transferee or of any member of the house-
hold of the transferee; 
‘‘(C)(i) the transferee has presented to the transferor a 
permit that— 
‘‘(I) allows the transferee to possess or acquire a 
handgun; and 
‘‘(II) was issued not more than 5 years earlier by the 
State in which the transfer is to take place; and 
‘‘(ii) the law of the State provides that such a permit is 
to be issued only after an authorized government official 
has verified that the information available to such official 
does not indicate that possession of a handgun by the 
transferee would be in violation of the law; 
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198 
‘‘(D) the law of the State requires that, before any li-
censed importer, licensed manufacturer, or licensed dealer 
completes the transfer of a handgun to an individual who 
is not licensed under section 583, an authorized govern-
ment official verify that the information available to such 
official does not indicate that possession of a handgun by 
the transferee would be in violation of law; 
‘‘(E) the Attorney General has approved the transfer 
under section 5812 of the Internal Revenue Code of 1986; 
or 
‘‘(F) on application of the transferor, the Attorney Gen-
eral has certified that compliance with subparagraph 
(A)(i)(III) is impracticable because— 
‘‘(i) the ratio of the number of law enforcement offi-
cers of the State in which the transfer is to occur to 
the number of square miles of land area of the State 
does not exceed 0.0025; 
‘‘(ii) the business premises of the transferor at which 
the transfer is to occur are extremely remote in relation 
to the chief law enforcement officer; and 
‘‘(iii) there is an absence of telecommunications fa-
cilities in the geographical area in which the business 
premises are located. 
‘‘(2) A chief law enforcement officer to whom a transferor 
has provided notice pursuant to paragraph (1)(A)(i)(III) shall 
make a reasonable effort to ascertain within 5 business days 
whether receipt or possession would be in violation of the law, 
including research in whatever State and local recordkeeping 
systems are available and in a national system designated by 
the Attorney General. 
‘‘(3) The statement referred to in paragraph (1)(A)(i)(I) 
shall contain only— 
‘‘(A) the name, address, and date of birth appearing on 
a valid identification document (as defined in section 
1028(d)(1) of the transferee containing a photograph of the 
transferee and a description of the identification used; 
‘‘(B) a statement that the transferee— 
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‘‘(i) is not under indictment for, and has not been 
convicted in any court of, a crime punishable by impris-
onment for a term exceeding 1 year, and has not been 
convicted in any court of a misdemeanor crime of do-
mestic violence; 
‘‘(ii) is not a fugitive from justice; 
‘‘(iii) is not an unlawful user of or addicted to any 
controlled substance (as defined in section 102 of the 
Controlled Substances Act); 
‘‘(iv) has not been adjudicated as a mental defective 
or been committed to a mental institution; 
‘‘(v) is not an alien who— 
‘‘(I) is illegally or unlawfully in the United 
States; or 
‘‘(II) subject to subsection (y)(2), has been ad-
mitted to the United States under a nonimmigrant 
visa (as that term is defined in section 101(a)(26) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(26))); 
‘‘(vi) has not been discharged from the Armed 
Forces under dishonorable conditions; and 
‘‘(vii) is not a person who, having been a citizen of 
the United States, has renounced such citizenship; 
‘‘(C) the date the statement is made; and 
‘‘(D) notice that the transferee intends to obtain a hand-
gun from the transferor. 
‘‘(4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer con-
taining information that receipt or possession of the handgun 
by the transferee violates Federal, State, or local law shall, 
within 1 business day after receipt of such request, commu-
nicate any information related to the transfer that the trans-
feror has about the transfer and the transferee to— 
‘‘(A) the chief law enforcement officer of the place of 
business of the transferor; and 
‘‘(B) the chief law enforcement officer of the place of 
residence of the transferee. 
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‘‘(5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection shall 
not disclose such information except to the transferee, to law 
enforcement authorities, or pursuant to the direction of a court 
of law. 
‘‘(6)(A) Any transferor who sells, delivers, or otherwise 
transfers a handgun to a transferee shall retain the copy of the 
statement of the transferee with respect to the handgun trans-
action, and shall retain evidence that the transferor has com-
plied with subclauses (III) and (IV) of paragraph (1)(A)(i) with 
respect to the statement. 
‘‘(B) Unless the chief law enforcement officer to whom a 
statement is transmitted under paragraph (1)(A)(i)(IV) deter-
mines that a transaction would violate Federal, State, or local 
law— 
‘‘(i) the officer shall, within 20 business days after the 
date the transferee made the statement on the basis of 
which the notice was provided, destroy the statement, any 
record containing information derived from the statement, 
and any record created as a result of the notice required 
by paragraph (1)(A)(i)(III); 
‘‘(ii) the information contained in the statement shall not 
be conveyed to any person except a person who has a need 
to know in order to carry out this subsection; and 
‘‘(iii) the information contained in the statement shall 
not be used for any purpose other than to carry out this 
subsection. 
‘‘(C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the individual 
requests the officer to provide the reason for such determina-
tion, the officer shall provide such reasons to the individual in 
writing within 20 business days after receipt of the request. 
‘‘(7) A chief law enforcement officer or other person respon-
sible for providing criminal history background information 
pursuant to this subsection shall not be liable in an action at 
law for damages— 
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201 
‘‘(A) for failure to prevent the sale or transfer of a hand-
gun to a person whose receipt or possession of the handgun 
is unlawful under this section; or 
‘‘(B) for preventing such a sale or transfer to a person 
who may lawfully receive or possess a handgun. 
‘‘(8) For purposes of this subsection, the term ‘chief law en-
forcement officer’ means the chief of police, the sheriff, or an 
equivalent officer or the designee of any such individual. 
‘‘(9) The Attorney General shall take necessary actions to 
ensure that the provisions of this subsection are published and 
disseminated to licensed dealers, law enforcement officials, and 
the public. 
‘‘(t)(1) Beginning on the date that is 30 days after the At-
torney General notifies licensees under section 103(d) of the 
Brady Handgun Violence Prevention Act that the national in-
stant criminal background check system is established, a li-
censed importer, licensed manufacturer, or licensed dealer shall 
not transfer a firearm to any other person who is not licensed 
under this chapter, unless— 
‘‘(A) before the completion of the transfer, the licensee 
contacts the national instant criminal background check 
system established under section 103 of that Act; 
‘‘(B)(i) the system provides the licensee with a unique 
identification number; or 
‘‘(ii) 3 business days (meaning a day on which State of-
fices are open) have elapsed since the licensee contacted the 
system, and the system has not notified the licensee that 
the receipt of a firearm by such other person would violate 
subsection (g) or (n) of this section; and 
‘‘(C) the transferor has verified the identity of the trans-
feree by examining a valid identification document (as de-
fined in section 1028(d) of this title) of the transferee con-
taining a photograph of the transferee. 
‘‘(2) If receipt of a firearm would not violate subsection (g) 
or (n) or State law, the system shall— 
‘‘(A) assign a unique identification number to the trans-
fer; 
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202 
‘‘(B) provide the licensee with the number; and 
‘‘(C) destroy all records of the system with respect to the 
call (other than the identifying number and the date the 
number was assigned) and all records of the system relat-
ing to the person or the transfer. 
‘‘(3) Paragraph (1) shall not apply to a firearm transfer be-
tween a licensee and another person if— 
‘‘(A)(i) such other person has presented to the licensee 
a permit that— 
‘‘(I) allows such other person to possess or acquire 
a firearm; and 
‘‘(II) was issued not more than 5 years earlier by the 
State in which the transfer is to take place; and 
‘‘(ii) the law of the State provides that such a permit is 
to be issued only after an authorized government official 
has verified that the information available to such official 
does not indicate that possession of a firearm by such other 
person would be in violation of law; 
‘‘(B) the Attorney General has approved the transfer 
under section 5812 of the Internal Revenue Code of 1986; 
or 
‘‘(C) on application of the transferor, the Attorney Gen-
eral has certified that compliance with paragraph (1)(A) is 
impracticable because— 
‘‘(i) the ratio of the number of law enforcement offi-
cers of the State in which the transfer is to occur to 
the number of square miles of land area of the State 
does not exceed 0.0025; 
‘‘(ii) the business premises of the licensee at which 
the transfer is to occur are extremely remote in relation 
to the chief law enforcement officer (as defined in sub-
section (s)(8)); and 
‘‘(iii) there is an absence of telecommunications fa-
cilities in the geographical area in which the business 
premises are located. 
‘‘(4) If the national instant criminal background check sys-
tem notifies the licensee that the information available to the 
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system does not demonstrate that the receipt of a firearm by 
such other person would violate subsection (g) or (n) or State 
law, and the licensee transfers a firearm to such other person, 
the licensee shall include in the record of the transfer the 
unique identification number provided by the system with re-
spect to the transfer. 
‘‘(5) If the licensee knowingly transfers a firearm to such 
other person and knowingly fails to comply with paragraph (1) 
of this subsection with respect to the transfer and, at the time 
such other person most recently proposed the transfer, the na-
tional instant criminal background check system was operating 
and information was available to the system demonstrating that 
receipt of a firearm by such other person would violate sub-
section (g) or (n) of this section or State law, the Attorney 
General may, after notice and opportunity for a hearing, sus-
pend for not more than 6 months or revoke any license issued 
to the licensee under section 583, and may impose on the li-
censee a civil fine of not more than $5,000. 
‘‘(6) Neither a local government nor an employee of the Fed-
eral Government or of any State or local government, respon-
sible for providing information to the national instant criminal 
background check system shall be liable in an action at law for 
damages— 
‘‘(A) for failure to prevent the sale or transfer of a fire-
arm to a person whose receipt or possession of the firearm 
is unlawful under this section; or 
‘‘(B) for preventing such a sale or transfer to a person 
who may lawfully receive or possess a firearm. 
‘‘(u) It shall be unlawful for a person to steal or unlawfully 
take or carry away from the person or the premises of a person 
who is licensed to engage in the business of importing, manu-
facturing, or dealing in firearms, any firearm in the licensee’s 
business inventory that has been shipped or transported in 
interstate or foreign commerce. 
‘‘(v)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile— 
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‘‘(A) a handgun; or 
‘‘(B) ammunition that is suitable for use only in a hand-
gun. 
‘‘(2) It shall be unlawful for any person who is a juvenile to 
knowingly possess— 
‘‘(A) a handgun; or 
‘‘(B) ammunition that is suitable for use only in a hand-
gun. 
‘‘(3) This subsection does not apply to— 
‘‘(A) a temporary transfer of a handgun or ammunition 
to a juvenile or to the possession or use of a handgun or 
ammunition by a juvenile if the handgun and ammunition 
are possessed and used by the juvenile— 
‘‘(i) in the course of employment, in the course of 
ranching or farming related to activities at the resi-
dence of the juvenile (or on property used for ranching 
or farming at which the juvenile, with the permission 
of the property owner or lessee, is performing activities 
related to the operation of the farm or ranch), target 
practice, hunting, or a course of instruction in the safe 
and lawful use of a handgun; 
‘‘(ii) with the prior written consent of the juvenile’s 
parent or guardian who is not prohibited by Federal, 
State, or local law from possessing a firearm, except— 
‘‘(I) during transportation by the juvenile of an 
unloaded handgun in a locked container directly 
from the place of transfer to a place at which an 
activity described in clause (i) is to take place and 
transportation by the juvenile of that handgun, un-
loaded and in a locked container, directly from the 
place at which such an activity took place to the 
transferor; or 
‘‘(II) with respect to ranching or farming activi-
ties as described in clause (i), a juvenile may pos-
sess and use a handgun or ammunition with the 
prior written approval of the juvenile’s parent or 
legal guardian and at the direction of an adult who 
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is not prohibited by Federal, State or local law 
from possessing a firearm; or 
‘‘(iii) the juvenile has the prior written consent in the 
juvenile’s possession at all times when a handgun is in 
the possession of the juvenile; and 
‘‘(iv) in accordance with State and local law; 
‘‘(B) a juvenile who is a member of the Armed Forces 
of the United States or the National Guard who possesses 
or is armed with a handgun in the line of duty; 
‘‘(C) a transfer by inheritance of title (but not posses-
sion) of a handgun or ammunition to a juvenile; or 
‘‘(D) the possession of a handgun or ammunition by a 
juvenile taken in defense of the juvenile or other persons 
against an intruder into the residence of the juvenile or a 
residence in which the juvenile is an invited guest. 
‘‘(4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the trans-
feror is not in violation of this subsection shall not be subject 
to permanent confiscation by the Government if its possession 
by the juvenile subsequently becomes unlawful because of the 
conduct of the juvenile, but shall be returned to the lawful 
owner when such handgun or ammunition is no longer required 
by the Government for the purposes of investigation or prosecu-
tion. 
‘‘(5) For purposes of this subsection, the term ‘juvenile’ 
means a person who is less than 18 years of age. 
‘‘(6)(A) In a prosecution of a violation of this subsection, the 
court shall require the presence of a juvenile defendant’s parent 
or legal guardian at all proceedings. 
‘‘(B) The court may use the contempt power to enforce sub-
paragraph (A). 
‘‘(C) The court may excuse attendance of a parent or legal 
guardian of a juvenile defendant at a proceeding in a prosecu-
tion of a violation of this subsection for good cause shown. 
‘‘(w) PROVISIONS RELATING TO ALIENS ADMITTED UNDER 
NONIMMIGRANT VISAS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
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‘‘(A) the term ‘alien’ has the same meaning as in 
section 101(a)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(3)); and 
‘‘(B) the term ‘nonimmigrant visa’ has the same 
meaning as in section 101(a)(26) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(26)). 
‘‘(2) EXCEPTIONS.—Subsections (d)(5)(B), (g)(5)(B), 
and (s)(3)(B)(v)(II) do not apply to any alien who has been 
lawfully admitted to the United States under a non-
immigrant visa, if that alien is— 
‘‘(A) admitted to the United States for lawful hunt-
ing or sporting purposes or is in possession of a hunt-
ing license or permit lawfully issued in the United 
States; 
‘‘(B) an official representative of a foreign govern-
ment who is— 
‘‘(i) accredited to the United States Government 
or the Government’s mission to an international or-
ganization having its headquarters in the United 
States; or 
‘‘(ii) en route to or from another country to 
which that alien is accredited; 
‘‘(C) an official of a foreign government or a distin-
guished foreign visitor who has been so designated by 
the Department of State; or 
‘‘(D) a foreign law enforcement officer of a friendly 
foreign government entering the United States on offi-
cial law enforcement business. 
‘‘(3) WAIVER.— 
‘‘(A) CONDITIONS FOR WAIVER.—Any individual who 
has been admitted to the United States under a non-
immigrant visa may receive a waiver from the require-
ments of subsection (g)(5), if— 
‘‘(i) the individual submits to the Attorney Gen-
eral a petition that meets the requirements of sub-
paragraph (C); and 
‘‘(ii) the Attorney General approves the petition. 
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207 
‘‘(B) PETITION.—Each petition under subparagraph 
(B) shall— 
‘‘(i) demonstrate that the petitioner has resided 
in the United States for a continuous period of not 
less than 180 days before the date on which the pe-
tition is submitted under this paragraph; and 
‘‘(ii) include a written statement from the em-
bassy or consulate of the petitioner, authorizing the 
petitioner to acquire a firearm or ammunition and 
certifying that the alien would not, absent the ap-
plication of subsection (g)(5)(B), otherwise be pro-
hibited from such acquisition under subsection (g). 
‘‘(C) APPROVAL OF PETITION.—The Attorney Gen-
eral shall approve a petition submitted in accordance 
with this paragraph, if the Attorney General deter-
mines that waiving the requirements of subsection 
(g)(5)(B) with respect to the petitioner— 
‘‘(i) would be in the interests of justice; and 
‘‘(ii) would not jeopardize the public safety. 
‘‘(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 person other than any person licensed 
under this chapter, unless the transferee is provided with 
a secure gun storage or safety device (as defined in section 
921(a)(34)) for that handgun. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to— 
‘‘(A)(i) the manufacture for, transfer to, or posses-
sion by, the United States, a department or agency of 
the United States, a State, or a department, agency, or 
political subdivision of a State, of a handgun; or 
‘‘(ii) the transfer to, or possession by, a law en-
forcement officer employed by an entity referred to 
in clause (i) of a handgun for law enforcement pur-
poses (whether on or off duty); or 
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208 
‘‘(B) the transfer to, or possession by, a rail police 
officer employed by a rail carrier and certified or com-
missioned as a police officer under the laws of a State 
of a handgun for purposes of law enforcement (whether 
on or off duty); 
‘‘(C) the transfer to any person of a handgun listed 
as a curio or relic by the Secretary pursuant to section 
921(a)(13); or 
‘‘(D) the transfer to any person of a handgun for 
which a secure gun storage or safety device is tempo-
rarily unavailable for the reasons described in the ex-
ceptions stated in section 923(e), if the licensed manu-
facturer, licensed importer, or licensed dealer delivers 
to the transferee within 10 calendar days from the date 
of the delivery of the handgun to the transferee a se-
cure gun storage or safety device for the handgun. 
‘‘(3) LIABILITY FOR USE.— 
‘‘(A) IN GENERAL.—Notwithstanding any other pro-
vision of law, a person who has lawful possession and 
control of a handgun, and who uses a secure gun stor-
age or safety device with the handgun, shall be entitled 
to immunity from a qualified civil liability action. 
‘‘(B) PROSPECTIVE ACTIONS.—A qualified civil liabil-
ity action may not be brought in any Federal or State 
court. 
‘‘(C) DEFINED TERM.—As used in this paragraph, 
the term ‘qualified civil liability action’— 
‘‘(i) means a civil action brought by any person 
against a person described in subparagraph (A) for 
damages resulting from the criminal or unlawful 
misuse of the handgun by a third party, if— 
‘‘(I) the handgun was accessed by another 
person who did not have the permission or au-
thorization of the person having lawful posses-
sion and control of the handgun to have access 
to it; and 
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209 
‘‘(II) at the time access was gained by the 
person not so authorized, the handgun had 
been made inoperable by use of a secure gun 
storage or safety device; and 
‘‘(ii) shall not include an action brought against 
the person having lawful possession and control of 
the handgun for negligent entrustment or neg-
ligence per se. 
‘‘§ 583. Licensing 
‘‘(a) No person shall engage in the business of importing, 
manufacturing, or dealing in firearms, or importing or manu-
facturing ammunition, until he has filed an application with 
and received a license to do so from the Attorney General. The 
application shall be in such form and contain only that infor-
mation necessary to determine eligibility for licensing as the 
Attorney General shall by regulation prescribe and shall include 
a photograph and fingerprints of the applicant. Each applicant 
shall pay a fee for obtaining such a license, a separate fee being 
required for each place in which the applicant is to do business, 
as follows: 
‘‘(1) If the applicant is a manufacturer— 
‘‘(A) of destructive devices, ammunition for destruc-
tive devices or armor piercing ammunition, a fee of 
$1,000 per year; 
‘‘(B) of firearms other than destructive devices, a fee 
of $50 per year; or 
‘‘(C) of ammunition for firearms, other than ammu-
nition for destructive devices or armor piercing ammu-
nition, a fee of $10 per year. 
‘‘(2) If the applicant is an importer— 
‘‘(A) of destructive devices, ammunition for destruc-
tive devices or armor piercing ammunition, a fee of 
$1,000 per year; or 
‘‘(B) of firearms other than destructive devices or 
ammunition for firearms other than destructive devices, 
or ammunition other than armor piercing ammunition, 
a fee of $50 per year. 
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210 
‘‘(3) If the applicant is a dealer— 
‘‘(A) in destructive devices or ammunition for de-
structive devices, a fee of $1,000 per year; or 
‘‘(B) who is not a dealer in destructive devices, a fee 
of $200 for 3 years, except that the fee for renewal of 
a valid license shall be $90 for 3 years. 
‘‘(b) Any person desiring to be licensed as a collector shall 
file an application for such license with the Attorney General. 
The application shall be in such form and contain only that in-
formation necessary to determine eligibility as the Attorney 
General shall by regulation prescribe. The fee for such license 
shall be $10 per year. Any license granted under this sub-
section shall only apply to transactions in curios and relics. 
‘‘(c) Upon the filing of a proper application and payment of 
the prescribed fee, the Attorney General shall issue to a quali-
fied applicant the appropriate license which, subject to the pro-
visions of this chapter and other applicable provisions of law, 
shall entitle the licensee to transport, ship, and receive firearms 
and ammunition covered by such license in interstate or foreign 
commerce during the period stated in the license. Nothing in 
this chapter shall be construed to prohibit a licensed manufac-
turer, importer, or dealer from maintaining and disposing of a 
personal collection of firearms, subject only to such restrictions 
as apply in this chapter to dispositions by a person other than 
a licensed manufacturer, importer, or dealer. If any firearm is 
so disposed of by a licensee within one year after its transfer 
from his business inventory into such licensee’s personal collec-
tion or if such disposition or any other acquisition is made for 
the purpose of willfully evading the restrictions placed upon li-
censees by this chapter, then such firearm shall be deemed part 
of such licensee’s business inventory, except that any licensed 
manufacturer, importer, or dealer who has maintained a fire-
arm as part of a personal collection for one year and who sells 
or otherwise disposes of such firearm shall record the descrip-
tion of the firearm in a bound volume, containing the name and 
place of residence and date of birth of the transferee if the 
transferee is an individual, or the identity and principal and 
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211 
local places of business of the transferee if the transferee is a 
corporation or other business entity: Provided, That no other 
recordkeeping shall be required. 
‘‘(d)(1) Any application submitted under subsection (a) or 
(b) of this section shall be approved if— 
‘‘(A) the applicant is twenty-one years of age or over; 
‘‘(B) the applicant (including, in the case of a corpora-
tion, partnership, or association, any individual possessing, 
directly or indirectly, the power to direct or cause the direc-
tion of the management and policies of the corporation, 
partnership, or association) is not prohibited from trans-
porting, shipping, or receiving firearms or ammunition in 
interstate or foreign commerce under section 582(g) and 
(n); 
‘‘(C) the applicant has not willfully violated any of the 
provisions of this chapter or regulations issued thereunder; 
‘‘(D) the applicant has not willfully failed to disclose any 
material information required, or has not made any false 
statement as to any material fact, in connection with his 
application; 
‘‘(E) the applicant has in a State (i) premises from 
which he conducts business subject to license under this 
chapter or from which he intends to conduct such business 
within a reasonable period of time, or (ii) in the case of a 
collector, premises from which he conducts his collecting 
subject to license under this chapter or from which he in-
tends to conduct such collecting within a reasonable period 
of time; 
‘‘(F) the applicant certifies that— 
‘‘(i) the business to be conducted under the license 
is not prohibited by State or local law in the place 
where the licensed premise is located; 
‘‘(ii)(I) within 30 days after the application is ap-
proved the business will comply with the requirements 
of State and local law applicable to the conduct of the 
business; and 
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212 
‘‘(II) the business will not be conducted under the li-
cense until the requirements of State and local law ap-
plicable to the business have been met; and 
‘‘(iii) that the applicant has sent or delivered a form 
to be prescribed by the Attorney General, to the chief 
law enforcement officer of the locality in which the 
premises are located, which indicates that the applicant 
intends to apply for a Federal firearms license; and 
‘‘(G) in the case of an application to be licensed as a 
dealer, the applicant certifies that secure gun storage or 
safety devices will be available at any place in which fire-
arms are sold under the license to persons who are not li-
censees (subject to the exception that in any case in which 
a secure gun storage or safety device is temporarily un-
available because of theft, casualty loss, consumer sales, 
backorders from a manufacturer, or any other similar rea-
son beyond the control of the licensee, the dealer shall not 
be considered to be in violation of the requirement under 
this subparagraph to make available such a device). 
‘‘(2) The Attorney General must approve or deny an applica-
tion for a license within the 60-day period beginning on the 
date it is received. If the Attorney General fails to act within 
such period, the applicant may file an action under section 
1361 of title 28 to compel the Attorney General to act. If the 
Attorney General approves an applicant’s application, such ap-
plicant shall be issued a license upon the payment of the pre-
scribed fee. 
‘‘(e) The Attorney General may, after notice and opportunity 
for hearing, revoke any license issued under this section if the 
holder of such license has willfully violated any provision of this 
chapter or any rule or regulation prescribed by the Attorney 
General under this chapter or fails to have secure gun storage 
or safety devices available at any place in which firearms are 
sold under the license to persons who are not licensees (except 
that in any case in which a secure gun storage or safety device 
is temporarily unavailable because of theft, casualty loss, con-
sumer sales, backorders from a manufacturer, or any other 
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213 
similar reason beyond the control of the licensee, the dealer 
shall not be considered to be in violation of the requirement to 
make available such a device). The Attorney General may, after 
notice and opportunity for hearing, revoke the license of a deal-
er who willfully transfers armor piercing ammunition. The At-
torney General’s action under this subsection may be reviewed 
only as provided in subsection (f) of this section. 
‘‘(f)(1) Any person whose application for a license is denied 
and any holder of a license which is revoked shall receive a 
written notice from the Attorney General stating specifically 
the grounds upon which the application was denied or upon 
which the license was revoked. Any notice of a revocation of a 
license shall be given to the holder of such license before the 
effective date of the revocation. 
‘‘(2) If the Attorney General denies an application for, or re-
vokes, a license, he shall, upon request by the aggrieved party, 
promptly hold a hearing to review his denial or revocation. In 
the case of a revocation of a license, the Attorney General shall 
upon the request of the holder of the license stay the effective 
date of the revocation. A hearing held under this paragraph 
shall be held at a location convenient to the aggrieved party. 
‘‘(3) If after a hearing held under paragraph (2) the Attor-
ney General decides not to reverse his decision to deny an ap-
plication or revoke a license, the Attorney General shall give 
notice of his decision to the aggrieved party. The aggrieved 
party may at any time within sixty days after the date notice 
was given under this paragraph file a petition with the United 
States district court for the district in which he resides or has 
his principal place of business for a de novo judicial review of 
such denial or revocation. In a proceeding conducted under this 
subsection, the court may consider any evidence submitted by 
the parties to the proceeding whether or not such evidence was 
considered at the hearing held under paragraph (2). If the 
court decides that the Attorney General was not authorized to 
deny the application or to revoke the license, the court shall 
order the Attorney General to take such action as may be nec-
essary to comply with the judgment of the court. 
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214 
‘‘(4) If criminal proceedings are instituted against a licensee 
alleging any violation of this chapter or of rules or regulations 
prescribed under this chapter, and the licensee is acquitted of 
such charges, or such proceedings are terminated, other than 
upon motion of the Government before trial upon such charges, 
the Attorney General shall be absolutely barred from denying 
or revoking any license granted under this chapter where such 
denial or revocation is based in whole or in part on the facts 
which form the basis of such criminal charges. No proceedings 
for the revocation of a license shall be instituted by the Attor-
ney General more than one year after the filing of the indict-
ment or information. 
‘‘(g)(1)(A) Each licensed importer, licensed manufacturer, 
and licensed dealer shall maintain such records of importation, 
production, shipment, receipt, sale, or other disposition of fire-
arms at his place of business for such period, and in such form, 
as the Attorney General may by regulations prescribe. Such im-
porters, manufacturers, and dealers shall not be required to 
submit to the Attorney General reports and information with 
respect to such records and the contents thereof, except as ex-
pressly required by this section. The Attorney General, when he 
has reasonable cause to believe a violation of this chapter has 
occurred and that evidence thereof may be found on such prem-
ises, may, upon demonstrating such cause before a Federal 
magistrate judge and securing from such magistrate judge a 
warrant authorizing entry, enter during business hours the 
premises (including places of storage) of any licensed firearms 
importer, licensed manufacturer, licensed dealer, licensed col-
lector, or any licensed importer or manufacturer of ammuni-
tion, for the purpose of inspecting or examining— 
‘‘(i) any records or documents required to be kept by 
such licensed importer, licensed manufacturer, licensed 
dealer, or licensed collector under this chapter or rules or 
regulations under this chapter, and 
‘‘(ii) any firearms or ammunition kept or stored by such 
licensed importer, licensed manufacturer, licensed dealer, or 
licensed collector, at such premises. 
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215 
‘‘(B) The Attorney General may inspect or examine the in-
ventory and records of a licensed importer, licensed manufac-
turer, or licensed dealer without such reasonable cause or war-
rant— 
‘‘(i) in the course of a reasonable inquiry during the 
course of a criminal investigation of a person or persons 
other than the licensee; 
‘‘(ii) for ensuring compliance with the record keeping re-
quirements of this chapter— 
‘‘(I) not more than once during any 12-month pe-
riod; or 
‘‘(II) at any time with respect to records relating to 
a firearm involved in a criminal investigation that is 
traced to the licensee; or 
‘‘(iii) when such inspection or examination may be re-
quired for determining the disposition of one or more par-
ticular firearms in the course of a bona fide criminal inves-
tigation. 
‘‘(C) The Attorney General may inspect the inventory and 
records of a licensed collector without such reasonable cause or 
warrant— 
‘‘(i) for ensuring compliance with the record keeping re-
quirements of this chapter not more than once during any 
twelve-month period; or 
‘‘(ii) when such inspection or examination may be re-
quired for determining the disposition of one or more par-
ticular firearms in the course of a bona fide criminal inves-
tigation. 
‘‘(D) At the election of a licensed collector, the annual in-
spection of records and inventory permitted under this para-
graph shall be performed at the office of the Attorney General 
designated for such inspections which is located in closest prox-
imity to the premises where the inventory and records of such 
licensed collector are maintained. The inspection and examina-
tion authorized by this paragraph shall not be construed as au-
thorizing the Attorney General to seize any records or other 
documents other than those records or documents constituting 
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material evidence of a violation of law. If the Attorney General 
seizes such records or documents, copies shall be provided the 
licensee within a reasonable time. The Attorney General may 
make available to any Federal, State, or local law enforcement 
agency any information which he may obtain by reason of this 
chapter with respect to the identification of persons prohibited 
from purchasing or receiving firearms or ammunition who have 
purchased or received firearms or ammunition, together with a 
description of such firearms or ammunition, and he may pro-
vide information to the extent such information may be con-
tained in the records required to be maintained by this chapter, 
when so requested by any Federal, State, or local law enforce-
ment agency. 
‘‘(2) Each licensed collector shall maintain in a bound vol-
ume the nature of which the Attorney General may by regula-
tions prescribe, records of the receipt, sale, or other disposition 
of firearms. Such records shall include the name and address 
of any person to whom the collector sells or otherwise disposes 
of a firearm. Such collector shall not be required to submit to 
the Attorney General reports and information with respect to 
such records and the contents thereof, except as expressly re-
quired by this section. 
‘‘(3)(A) Each licensee shall prepare a report of multiple sales 
or other dispositions whenever the licensee sells or otherwise 
disposes of, at one time or during any five consecutive business 
days, two or more pistols, or revolvers, or any combination of 
pistols and revolvers totalling two or more, to an unlicensed 
person. The report shall be prepared on a form specified by the 
Attorney General and forwarded to the office specified thereon 
and to the department of State police or State law enforcement 
agency of the State or local law enforcement agency of the local 
jurisdiction in which the sale or other disposition took place, 
not later than the close of business on the day that the multiple 
sale or other disposition occurs. 
‘‘(B) Except in the case of forms and contents thereof re-
garding a purchaser who is prohibited by subsection (g) or (n) 
of section 582 of this title from receipt of a firearm, the de-
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