206 
(ii) the Attorney General approves the peti-
tion. 
(B) PETITION.—Each petition under subpara-
graph (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. 
§ 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 destructive 
devices or armor piercing ammunition, a fee of $1,000 per 
year; 
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(B) of firearms other than destructive devices, a fee of 
$50 per year; or 
(C) of ammunition for firearms, other than ammuni-
tion for destructive devices or armor piercing ammunition, 
a fee of $10 per year. 
(2) If the applicant is an importer— 
(A) of destructive devices, ammunition for destructive 
devices or armor piercing ammunition, a fee of $1,000 per 
year; or 
(B) of firearms other than destructive devices or am-
munition for firearms other than destructive devices, or 
ammunition other than armor piercing ammunition, a fee 
of $50 per year. 
(3) If the applicant is a dealer— 
(A) in destructive devices or ammunition for destruc-
tive 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 
qualified applicant the appropriate license which, subject to the 
provisions 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 
manufacturer, importer, or dealer from maintaining and dis-
posing of a personal collection of firearms, subject only to such 
restrictions as apply in this chapter to dispositions by a person 
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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 per-
sonal collection or if such disposition or any other acquisition 
is made for the purpose of willfully evading the restrictions 
placed upon licensees 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 firearm as part of a personal collection for one 
year and who sells or otherwise disposes of such firearm shall 
record the description of the firearm in a bound volume, con-
taining the name and place of residence and date of birth of 
the transferee if the transferee is an individual, or the identity 
and principal and local places of business of the transferee if 
the transferee is a corporation or other business entity: Pro-
vided, 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 922(g) and 
(n) of this chapter; 
(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 
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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 approved 
the business will comply with the requirements of State and 
local law applicable to the conduct of the business; and 
(II) the business will not be conducted under the license 
until the requirements of State and local law applicable to the 
business have been met; and 
(II) the business will not be conducted under the license 
until the requirements of State and local law applicable to the 
business have been met; and 
(iii) that the applicant has sent or delivered a form to 
be prescribed by the Attorney General, to the chief law en-
forcement 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 appli-
cation 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 
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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 oppor-
tunity 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 At-
torney General under this chapter or fails to have secure gun 
storage or safety devices available at any place in which fire-
arms are sold under the license to persons who are not licens-
ees (except that in any case in which a secure gun storage or 
safety device is temporarily unavailable because of theft, cas-
ualty loss, consumer sales, backorders from a manufacturer, or 
any other similar reason beyond the control of the licensee, the 
dealer shall not be considered to be in violation of the require-
ment to make available such a device). The Attorney General 
may, after notice and opportunity for hearing, revoke the li-
cense of a dealer who willfully transfers armor piercing ammu-
nition. The Attorney General’s action under this subsection 
may be reviewed only as provided in subsection (f) of this sec-
tion. 
(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 
revokes, a license, he shall, upon request by the aggrieved 
party, promptly hold a hearing to review his denial or revoca-
tion. In the case of a revocation of a license, the Attorney Gen-
eral shall upon the request of the holder of the license stay the 
effective date of the revocation. A hearing held under this para-
graph shall be held at a location convenient to the aggrieved 
party. 
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(3) If after a hearing held under paragraph (2) the Attor-
ney General decides not to reverse his decision to deny an ap-
plication or revoke a license, the Attorney General shall give 
notice of his decision to the aggrieved party. The aggrieved 
party may at any time within sixty days after the date notice 
was given under this paragraph file a petition with the United 
States district court for the district in which he resides or has 
his principal place of business for a de novo judicial review of 
such denial or revocation. In a proceeding conducted under this 
subsection, the court may consider any evidence submitted by 
the parties to the proceeding whether or not such evidence was 
considered at the hearing held under paragraph (2). If the 
court decides that the Attorney General was not authorized to 
deny the application or to revoke the license, the court shall 
order the Attorney General to take such action as may be nec-
essary to comply with the judgment of the court. 
(4) If criminal proceedings are instituted against a li-
censee alleging any violation of this chapter or of rules or regu-
lations prescribed under this chapter, and the licensee is acquit-
ted 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 Attorney General more than one year after the filing of 
the indictment 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 
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212 
has reasonable cause to believe a violation of this chapter has 
occurred and that evidence thereof may be found on such prem-
ises, may, upon demonstrating such cause before a Federal 
magistrate judge and securing from such magistrate judge a 
warrant authorizing entry, enter during business hours the 
premises (including places of storage) of any licensed firearms 
importer, licensed manufacturer, licensed dealer, licensed col-
lector, or any licensed importer or manufacturer of ammuni-
tion, for the purpose of inspecting or examining— 
(i) any records or documents required to be kept by 
such licensed importer, licensed manufacturer, licensed 
dealer, or licensed collector under this chapter or rules or 
regulations under this chapter, and 
(ii) any firearms or ammunition kept or stored by such 
licensed importer, licensed manufacturer, licensed dealer, or 
licensed collector, at such premises. 
(B) The Attorney General may inspect or examine the in-
ventory and records of a licensed importer, licensed manufac-
turer, or licensed dealer without such reasonable cause or war-
rant— 
(i) in the course of a reasonable inquiry during the 
course of a criminal investigation of a person or persons 
other than the licensee; 
(ii) for ensuring compliance with the record keeping 
requirements 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— 
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213 
(i) for ensuring compliance with the record keeping re-
quirements of this chapter not more than once during any 
twelve-month period; or 
(ii) when such inspection or examination may be re-
quired for determining the disposition of one or more par-
ticular firearms in the course of a bona fide criminal inves-
tigation. 
(D) At the election of a licensed collector, the annual in-
spection of records and inventory permitted under this para-
graph shall be performed at the office of the Attorney General 
designated for such inspections which is located in closest prox-
imity to the premises where the inventory and records of such 
licensed collector are maintained. The inspection and examina-
tion authorized by this paragraph shall not be construed as au-
thorizing the Attorney General to seize any records or other 
documents other than those records or documents constituting 
material evidence of a violation of law. If the Attorney General 
seizes such records or documents, copies shall be provided the 
licensee within a reasonable time. The Attorney General may 
make available to any Federal, State, or local law enforcement 
agency any information which he may obtain by reason of this 
chapter with respect to the identification of persons prohibited 
from purchasing or receiving firearms or ammunition who have 
purchased or received firearms or ammunition, together with a 
description of such firearms or ammunition, and he may pro-
vide information to the extent such information may be con-
tained in the records required to be maintained by this chapter, 
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 
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214 
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 other-
wise disposes of, at one time or during any five consecutive 
business days, two or more pistols, or revolvers, or any com-
bination of pistols and revolvers totalling two or more, to an 
unlicensed person. The report shall be prepared on a form spec-
ified by the Attorney General and forwarded to the office speci-
fied thereon and to the department of State police or State law 
enforcement agency of the State or local law enforcement agen-
cy 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 922 of this title from receipt of a firearm, the de-
partment of State police or State law enforcement agency or 
local law enforcement agency of the local jurisdiction shall not 
disclose any such form or the contents thereof to any person 
or entity, and shall destroy each such form and any record of 
the contents thereof no more than 20 days from the date such 
form is received. No later than the date that is 6 months after 
the effective date of this subparagraph, and at the end of each 
6-month period thereafter, the department of State police or 
State law enforcement agency or local law enforcement agency 
of the local jurisdiction shall certify to the Attorney General of 
the United States that no disclosure contrary to this subpara-
graph has been made and that all forms and any record of the 
contents thereof have been destroyed as provided in this sub-
paragraph. 
(4) Where a firearms or ammunition business is discon-
tinued and succeeded by a new licensee, the records required 
to be kept by this chapter shall appropriately reflect such facts 
and shall be delivered to the successor. Where discontinuance 
of the business is absolute, such records shall be delivered with-
in thirty days after the business discontinuance to the Attorney 
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215 
General. However, where State law or local ordinance requires 
the delivery of records to other responsible authority, the Attor-
ney General may arrange for the delivery of such records to 
such other responsible authority. 
(5)(A) Each licensee shall, when required by letter issued 
by the Attorney General, and until notified to the contrary in 
writing by the Attorney General, submit on a form specified by 
the Attorney General, for periods and at the times specified in 
such letter, all record information required to be kept by this 
chapter or such lesser record information as the Attorney Gen-
eral in such letter may specify. 
(B) The Attorney General may authorize such record in-
formation to be submitted in a manner other than that pre-
scribed in subparagraph (A) of this paragraph when it is shown 
by a licensee that an alternate method of reporting is reason-
ably necessary and will not unduly hinder the effective adminis-
tration of this chapter. A licensee may use an alternate method 
of reporting if the licensee describes the proposed alternate 
method of reporting and the need therefor in a letter applica-
tion submitted to the Attorney General, and the Attorney Gen-
eral approves such alternate method of reporting. 
(6) Each licensee shall report the theft or loss of a firearm 
from the licensee’s inventory or collection, within 48 hours after 
the theft or loss is discovered, to the Attorney General and to 
the appropriate local authorities. 
(7) Each licensee shall respond immediately to, and in no 
event later than 24 hours after the receipt of, a request by the 
Attorney General for information contained in the records re-
quired to be kept by this chapter as may be required for deter-
mining the disposition of 1 or more firearms in the course of 
a bona fide criminal investigation. The requested information 
shall be provided orally or in writing, as the Attorney General 
may require. The Attorney General shall implement a system 
whereby the licensee can positively identify and establish that 
an individual requesting information via telephone is employed 
by and authorized by the agency to request such information. 
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216 
(h) Licenses issued under the provisions of subsection (c) 
of this section shall be kept posted and kept available for in-
spection on the premises covered by the license. 
(i) Licensed importers and licensed manufacturers shall 
identify by means of a serial number engraved or cast on the 
receiver or frame of the weapon, in such manner as the Attor-
ney General shall by regulations prescribe, each firearm im-
ported or manufactured by such importer or manufacturer. 
(j) A licensed importer, licensed manufacturer, or licensed 
dealer may, under rules or regulations prescribed by the Attor-
ney General, conduct business temporarily at a location other 
than the location specified on the license if such temporary lo-
cation is the location for a gun show or event sponsored by any 
national, State, or local organization, or any affiliate of any 
such organization devoted to the collection, competitive use, or 
other sporting use of firearms in the community, and such loca-
tion is in the State which is specified on the license. Records 
of receipt and disposition of firearms transactions conducted at 
such temporary location shall include the location of the sale 
or other disposition and shall be entered in the permanent 
records of the licensee and retained on the location specified on 
the license. Nothing in this subsection shall authorize any li-
censee to conduct business in or from any motorized or towed 
vehicle. Notwithstanding the provisions of subsection (a) of this 
section, a separate fee shall not be required of a licensee with 
respect to business conducted under this subsection. Any in-
spection or examination of inventory or records under this 
chapter by the Attorney General at such temporary location 
shall be limited to inventory consisting of, or records relating 
to, firearms held or disposed at such temporary location. Noth-
ing in this subsection shall be construed to authorize the Attor-
ney General to inspect or examine the inventory or records of 
a licensed importer, licensed manufacturer, or licensed dealer at 
any location other than the location specified on the license. 
Nothing in this subsection shall be construed to diminish in 
any manner any right to display, sell, or otherwise dispose of 
firearms or ammunition, which is in effect before the date of 
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the enactment of the Firearms Owners’ Protection Act, includ-
ing the right of a licensee to conduct ‘‘curios or relics’’ firearms 
transfers and business away from their business premises with 
another licensee without regard as to whether the location of 
where the business is conducted is located in the State specified 
on the license of either licensee. 
(k) Licensed importers and licensed manufacturers shall 
mark all armor piercing projectiles and packages containing 
such projectiles for distribution in the manner prescribed by 
the Attorney General by regulation. The Attorney General shall 
furnish information to each dealer licensed under this chapter 
defining which projectiles are considered armor piercing ammu-
nition as defined in section 921(a)(17)(B). 
(l) The Attorney General shall notify the chief law enforce-
ment officer in the appropriate State and local jurisdictions of 
the names and addresses of all persons in the State to whom 
a firearms license is issued. 
§ 584. Penalties 
(a)(1) Except as otherwise provided in this subsection, 
subsection (b), (c), or (f) of this section, or in section 592, who-
ever— 
(A) knowingly makes any false statement or represen-
tation with respect to the information required by this 
chapter to be kept in the records of a person licensed under 
this chapter or in applying for any license or exemption or 
relief from disability under the provisions of this chapter; 
(B) knowingly violates subsection (a)(4), (f), (k), or 
(q) of section 582; 
(C) knowingly imports or brings into the United 
States or any possession thereof any firearm or ammuni-
tion in violation of section 582(l); or 
(D) knowingly violates any other provision of this 
chapter, 
shall be imprisoned not more than five years. 
(2) Whoever knowingly violates subsection (a)(6), (d), (g), 
(h), (i), (j), or (o) of section 582 shall be imprisoned not more 
than 10 years. 
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(3) Any licensed dealer, licensed importer, licensed manu-
facturer, or licensed collector who knowingly— 
(A) makes any false statement or representation with 
respect to the information required by the provisions of this 
chapter to be kept in the records of a person licensed under 
this chapter, or 
(B) violates subsection (m) of section 582, 
shall be imprisoned not more than one year. 
(4) Whoever violates section 582(q) shall be imprisoned 
for not more than 5 years. Notwithstanding any other provision 
of law, the term of imprisonment imposed under this paragraph 
shall not run concurrently with any other term of imprisonment 
imposed under any other provision of law. Except for the au-
thorization of a term of imprisonment of not more than 5 years 
made in this paragraph, for the purpose of any other law a vio-
lation of section 582(q) shall be deemed to be a misdemeanor. 
(5) Whoever knowingly violates subsection (s) or (t) of sec-
tion 582 shall be imprisoned for not more than 1 year. 
(6)(A)(i) A juvenile who violates section 582(x) shall be 
imprisoned not more than 1 year, except that a juvenile de-
scribed in clause (ii) shall be sentenced to probation on appro-
priate conditions and shall not be incarcerated unless the juve-
nile fails to comply with a condition of probation. 
(ii) A juvenile is described in this clause if— 
(I) the offense of which the juvenile is charged is pos-
session of a handgun or ammunition in violation of section 
582(x)(2); and 
(II) the juvenile has not been convicted in any court 
of an offense (including an offense under section 582(x) or 
a similar State law, but not including any other offense 
consisting of conduct that if engaged in by an adult would 
not constitute an offense) or adjudicated as a juvenile de-
linquent for conduct that if engaged in by an adult would 
constitute an offense. 
(II) the juvenile has not been convicted in any court 
of an offense (including an offense under section 582(x) or 
a similar State law, but not including any other offense 
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consisting of conduct that if engaged in by an adult would 
not constitute an offense) or adjudicated as a juvenile de-
linquent for conduct that if engaged in by an adult would 
constitute an offense. 
(B) A person other than a juvenile who knowingly violates 
section 582(x)— 
(i) shall be imprisoned not more than 1 year; and 
(ii) if the person sold, delivered, or otherwise trans-
ferred a handgun or ammunition to a juvenile knowing or 
having reasonable cause to know that the juvenile intended 
to carry or otherwise possess or discharge or otherwise use 
the handgun or ammunition in the commission of a crime 
of violence, shall be imprisoned not more than 10 years. 
(7) Whoever knowingly violates section 594 shall be im-
prisoned not more than 3 years. 
(b) Whoever, with intent to commit therewith an offense 
punishable by imprisonment for a term exceeding one year, or 
with knowledge or reasonable cause to believe that an offense 
punishable by imprisonment for a term exceeding one year is 
to be committed therewith, ships, transports, or receives a fire-
arm or any ammunition in interstate or foreign commerce shall 
be imprisoned not more than ten years. 
(c)(1)(A) Except to the extent that a greater minimum 
sentence is otherwise provided by this subsection or by any 
other provision of law, any person who, during and in relation 
to any crime of violence or drug trafficking crime (including a 
crime of violence or drug trafficking crime that provides for an 
enhanced punishment if committed by the use of a deadly or 
dangerous weapon or device) for which the person may be pros-
ecuted in a court of the United States, uses or carries a fire-
arm, or who, in furtherance of any such crime, possesses a fire-
arm, shall, in addition to the punishment provided for such 
crime of violence or drug trafficking crime— 
(i) be sentenced to a term of imprisonment of not less 
than 5 years; 
(ii) if the firearm is brandished, be sentenced to a 
term of imprisonment of not less than 7 years; and 
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(iii) if the firearm is discharged, be sentenced to a 
term of imprisonment of not less than 10 years. 
(B) If the firearm possessed by a person convicted of a 
violation of this subsection— 
(i) is a short-barreled rifle, short-barreled shotgun, or 
semiautomatic assault weapon, the person shall be sen-
tenced to a term of imprisonment of not less than 10 years; 
or 
(ii) is a machinegun or a destructive device, or is 
equipped with a firearm silencer or firearm muffler, the 
person shall be sentenced to a term of imprisonment of not 
less than 30 years. 
(C) In the case of a second or subsequent conviction under 
this subsection, the person shall— 
(i) be sentenced to a term of imprisonment of not less 
than 25 years; and 
(ii) if the firearm involved is a machinegun or a de-
structive device, or is equipped with a firearm silencer or 
firearm muffler, be sentenced to imprisonment for life. 
(D) Notwithstanding any other provision of law— 
(i) a court shall not place on probation any person 
convicted of a violation of this subsection; and 
(ii) no term of imprisonment imposed on a person 
under this subsection shall run concurrently with any other 
term of imprisonment imposed on the person, including any 
term of imprisonment imposed for the crime of violence or 
drug trafficking crime during which the firearm was used, 
carried, or possessed. 
(2) For purposes of this subsection, the term ‘‘drug traf-
ficking crime’’ means any felony punishable under the Con-
trolled Substances Act (21 U.S.C. 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. 951 et seq.), or 
the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
1901 et seq.). 
(3) For purposes of this subsection the term ‘‘crime of vio-
lence’’ means an offense that is a felony and— 
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(A) has as an element the use, attempted use, or 
threatened use of physical force against the person or prop-
erty of another, or 
(B) that by its nature, involves a substantial risk that 
physical force against the person or property of another 
may be used in the course of committing the offense. 
(4) For purposes of this subsection, the term ‘‘brandish’’ 
means, with respect to a firearm, to display all or part of the 
firearm, or otherwise make the presence of the firearm known 
to another person, in order to intimidate that person, regard-
less of whether the firearm is directly visible to that person. 
(d)(1) Any firearm or ammunition involved in or used in 
any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), 
(i), (j), or (k) of section 582, or knowing importation or bring-
ing into the United States or any possession thereof any fire-
arm or ammunition in violation of section 582(l), or knowing 
violation of section 584, or willful violation of any other provi-
sion of this chapter or any rule or regulation promulgated 
thereunder, or any violation of any other criminal law of the 
United States, or any firearm or ammunition intended to be 
used in any offense referred to in paragraph (3) of this sub-
section, where such intent is demonstrated by clear and con-
vincing evidence, shall be subject to seizure and forfeiture, and 
all provisions of the Internal Revenue Code of 1986 relating to 
the seizure, forfeiture, and disposition of firearms, as defined 
in section 5845(a) of that Code, shall, so far as applicable, ex-
tend to seizures and forfeitures under the provisions of this 
chapter: Provided, That upon acquittal of the owner or pos-
sessor, or dismissal of the charges against him other than upon 
motion of the Government prior to trial, or lapse of or court 
termination of the restraining order to which he is subject, the 
seized or relinquished firearms or ammunition shall be returned 
forthwith to the owner or possessor or to a person delegated 
by the owner or possessor unless the return of the firearms or 
ammunition would place the owner or possessor or his delegate 
in violation of law. Any action or proceeding for the forfeiture 
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of firearms or ammunition shall be commenced within one hun-
dred and twenty days of such seizure. 
(2)(A) In any action or proceeding for the return of fire-
arms or ammunition seized under the provisions of this chap-
ter, the court shall allow the prevailing party, other than the 
United States, a reasonable attorney’s fee, and the United 
States shall be liable therefor. 
(B) In any other action or proceeding under the provisions 
of this chapter, the court, when it finds that such action was 
without foundation, or was initiated vexatiously, frivolously, or 
in bad faith, shall allow the prevailing party, other than the 
United States, a reasonable attorney’s fee, and the United 
States shall be liable therefor. 
(C) Only those firearms or quantities of ammunition par-
ticularly named and individually identified as involved in or 
used in any violation of the provisions of this chapter or any 
rule or regulation issued thereunder, or any other criminal law 
of the United States or as intended to be used in any offense 
referred to in paragraph (3) of this subsection, where such in-
tent is demonstrated by clear and convincing evidence, shall be 
subject to seizure, forfeiture, and disposition. 
(D) The United States shall be liable for attorneys’ fees 
under this paragraph only to the extent provided in advance by 
appropriation Acts. 
(3) The offenses referred to in paragraphs (1) and (2)(C) 
of this subsection are— 
(A) any crime of violence, as that term is defined in 
section 584(c)(3) of this title; 
(B) any offense punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.) or the Controlled Sub-
stances Import and Export Act (21 U.S.C. 951 et seq.); 
(C) any offense described in section 582(a)(1), 
582(a)(3), 582(a)(5), or 582(b)(3) of this title, where the 
firearm or ammunition intended to be used in any such of-
fense is involved in a pattern of activities which includes a 
violation of any offense described in section 582(a)(1), 
582(a)(3), 582(a)(5), or 582(b)(3) of this title; 
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(D) any offense described in section 582(d) of this 
title where the firearm or ammunition is intended to be 
used in such offense by the transferor of such firearm or 
ammunition; 
(E) any offense described in section 582(i), 582(j), 
582(l), 582(n), or 584(b) of this title; and 
(F) any offense which may be prosecuted in a court 
of the United States which involves the exportation of fire-
arms or ammunition. 
(e)(1) In the case of a person who violates section 582(g) 
of this title and has three previous convictions by any court re-
ferred to in section 582(g)(1) of this title for a violent felony 
or a serious drug offense, or both, committed on occasions dif-
ferent from one another, such person shall be imprisoned not 
less than fifteen years, and, notwithstanding any other provi-
sion of law, the court shall not suspend the sentence of, or 
grant a probationary sentence to, such person with respect to 
the conviction under section 582(g). 
(2) As used in this subsection— 
(A) the term ‘‘serious drug offense’’ means— 
(i) an offense under chapter 17 or the Maritime 
Drug Law Enforcement Act (46 U.S.C. App. 1901 et 
seq.) for which a maximum term of imprisonment of 
ten years or more is prescribed by law; or 
(ii) an offense under State law, involving manufac-
turing, distributing, or possessing with intent to manu-
facture or distribute, a controlled substance (as defined 
in section 102 of the Controlled Substances Act (21 
U.S.C. 802)), for which a maximum term of imprison-
ment of ten years or more is prescribed by law; 
(B) the term ‘‘violent felony’’ means any crime punish-
able by imprisonment for a term exceeding one year, or any 
act of juvenile delinquency involving the use or carrying of 
a firearm, knife, or destructive device that would be punish-
able by imprisonment for such term if committed by an 
adult, that— 
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(i) has as an element the use, attempted use, or 
threatened use of physical force against the person of 
another; or 
(ii) is burglary, arson, or extortion, involves use of 
explosives, or otherwise involves conduct that presents 
a serious potential risk of physical injury to another; 
and 
(C) the term ‘‘conviction’’ includes a finding that a 
person has committed an act of juvenile delinquency involv-
ing a violent felony. 
(f) In the case of a person who knowingly violates section 
582(p), such person shall be or imprisoned not more than 5 
years. 
(g) Whoever, with the intent to engage in conduct which— 
(1) constitutes an offense listed in section 1961(1), 
(2) is punishable under chapter 17 or the Maritime 
Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.), 
(3) violates any State law relating to any controlled 
substance (as defined in section 102(6) of the Controlled 
Substances Act (21 U.S.C. 802(6))), or 
(4) constitutes a crime of violence (as defined in sub-
section (c)(3)), 
travels from any State or foreign country into any other State 
and acquires, transfers, or attempts to acquire or transfer, a 
firearm in such other State in furtherance of such purpose, 
shall be imprisoned not more than 10 years. 
(h) Whoever knowingly transfers a firearm, knowing that 
such firearm will be used to commit a crime of violence (as de-
fined in subsection (c)(3)) or drug trafficking crime (as defined 
in subsection (c)(2)) shall be imprisoned not more than 10 
years. 
(i)(1) A person who knowingly violates section 582(u) shall 
be imprisoned not more than 10 years. 
(2) Nothing contained in this subsection shall be construed 
as indicating an intent on the part of Congress to occupy the 
field in which provisions of this subsection operate to the exclu-
sion of State laws on the same subject matter, nor shall any 
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provision of this subsection be construed as invalidating any 
provision of State law unless such provision is inconsistent with 
any of the purposes of this subsection. 
(j) A person who, in the course of a violation of subsection 
(c), causes the death of a person through the use of a firearm, 
shall— 
(1) if the killing is a murder (as defined in section 
1111), be punished by death or by imprisonment for any 
term of years or for life; and 
(2) if the killing is manslaughter (as defined in section 
1112), be punished as provided in that section. 
(k) A person who, with intent to engage in or to promote 
conduct that— 
(1) is punishable under chapter 17 or the Maritime 
Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.); 
(2) violates any law of a State relating to any con-
trolled substance (as defined in section 102 of the Con-
trolled Substances Act, 21 U.S.C. 802); or 
(3) constitutes a crime of violence (as defined in sub-
section (c)(3)), 
smuggles or knowingly brings into the United States a firearm, 
or attempts to do so, shall be imprisoned not more than 10 
years. 
(l) A person who steals any firearm which is moving as, 
or is a part of, or which has moved in, interstate or foreign 
commerce shall be imprisoned for not more than 10 years. 
(l) A person who steals any firearm which is moving as, 
or is a part of, or which has moved in, interstate or foreign 
commerce shall be imprisoned for not more than 10 years. 
(m) A person who steals any firearm from a licensed im-
porter, licensed manufacturer, licensed dealer, or licensed col-
lector shall be imprisoned not more than 10 years. 
(n) A person who, with the intent to engage in conduct 
that constitutes a violation of section 582(a)(1)(A), travels 
from any State or foreign country into any other State and ac-
quires, or attempts to acquire, a firearm in such other State 
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in furtherance of such purpose shall be imprisoned for not 
more than 10 years. 
(o) A person who conspires to commit an offense under 
subsection (c) shall be imprisoned for not more than 20 years; 
and if the firearm is a machinegun or destructive device, or is 
equipped with a firearm silencer or muffler, shall be imprisoned 
for any term of years or life. 
§ 585. Exceptions: Relief from disabilities 
(a)(1) The provisions of this chapter, except for sections 
582(d)(9) and 582(g)(9) and provisions relating to firearms 
subject to the prohibitions of section 582(p), shall not apply 
with respect to the transportation, shipment, receipt, posses-
sion, or importation of any firearm or ammunition imported 
for, sold or shipped to, or issued for the use of, the United 
States or any department or agency thereof or any State or 
any department, agency, or political subdivision thereof. 
(2) The provisions of this chapter, except for provisions re-
lating to firearms subject to the prohibitions of section 582(p), 
shall not apply with respect to (A) the shipment or receipt of 
firearms or ammunition when sold or issued by the Secretary 
of the Army pursuant to section 4308 of title 10 before the re-
peal of such section by section 1624(a) of the Corporation for 
the Promotion of Rifle Practice and Firearms Safety Act, and 
(B) the transportation of any such firearm or ammunition car-
ried out to enable a person, who lawfully received such firearm 
or ammunition from the Secretary of the Army, to engage in 
military training or in competitions. 
(3) Unless otherwise prohibited by this chapter, except for 
provisions relating to firearms subject to the prohibitions of 
section 582(p), or any other Federal law, a licensed importer, 
licensed manufacturer, or licensed dealer may ship to a member 
of the United States Armed Forces on active duty outside the 
United States or to clubs, recognized by the Department of De-
fense, whose entire membership is composed of such members, 
and such members or clubs may receive a firearm or ammuni-
tion determined by the Attorney General to be generally recog-
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nized as particularly suitable for sporting purposes and in-
tended for the personal use of such member or club. 
(4) When established to the satisfaction of the Attorney 
General to be consistent with the provisions of this chapter, ex-
cept for provisions relating to firearms subject to the prohibi-
tions of section 582(p), and other applicable Federal and State 
laws and published ordinances, the Attorney General may au-
thorize the transportation, shipment, receipt, or importation 
into the United States to the place of residence of any member 
of the United States Armed Forces who is on active duty out-
side the United States (or who has been on active duty outside 
the United States within the 60-day period immediately pre-
ceding the transportation, shipment, receipt, or importation), of 
any firearm or ammunition which is (A) determined by the At-
torney General to be generally recognized as particularly suit-
able for sporting purposes, or determined by the Department 
of Defense to be a type of firearm normally classified as a war 
souvenir, and (B) intended for the personal use of such mem-
ber. 
§ 586. Remedy for erroneous denial of firearm 
Any person denied a firearm pursuant to subsection (s) or 
(t) of section 582— 
(1) due to the provision of erroneous information re-
lating to the person by any State or political subdivision 
thereof, or by the national instant criminal background 
check system established under section 103 of the Brady 
Handgun Violence Prevention Act; or 
(2) who was not prohibited from receipt of a firearm 
pursuant to subsection (g) or (n) of section 582, 
may bring an action against the State or political subdivision 
responsible for providing the erroneous information, or respon-
sible for denying the transfer, or against the United States, as 
the case may be, for an order directing that the erroneous in-
formation be corrected or that the transfer be approved, as the 
case may be. In any action under this section, the court, in its 
discretion, may allow the prevailing party a reasonable attor-
ney’s fee as part of the costs. 
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§ 587. Rules and regulations 
(a) The Attorney General may prescribe only such rules 
and regulations as are necessary to carry out the provisions of 
this chapter, including— 
(1) regulations providing that a person licensed under 
this chapter, when dealing with another person so licensed, 
shall provide such other licensed person a certified copy of 
this license; 
(2) regulations providing for the issuance, at a reason-
able cost, to a person licensed under this chapter, of cer-
tified copies of his license for use as provided under regula-
tions issued under paragraph (1) of this subsection; and 
(3) regulations providing for effective receipt and se-
cure storage of firearms relinquished by or seized from per-
sons described in subsection (d)(8) or (g)(8) of section 582. 
No such rule or regulation prescribed after the date of the en-
actment of the Firearms Owners’ Protection Act may require 
that records required to be maintained under this chapter or 
any portion of the contents of such records, be recorded at or 
transferred to a facility owned, managed, or controlled by the 
United States or any State or any political subdivision thereof, 
nor that any system of registration of firearms, firearms own-
ers, or firearms transactions or dispositions be established. 
Nothing in this section expands or restricts the Attorney Gen-
eral’s authority to inquire into the disposition of any firearm 
in the course of a criminal investigation. 
(b) The Attorney General shall give not less than ninety 
days public notice, and shall afford interested parties oppor-
tunity for hearing, before prescribing such rules and regula-
tions. 
(c) The Attorney General shall not prescribe rules or regu-
lations that require purchasers of black powder under the ex-
emption provided in section 615 to complete affidavits or forms 
attesting to that exemption. 
§ 588. Interstate transportation of firearms 
Notwithstanding any other provision of any law or any 
rule or regulation of a State or any political subdivision thereof, 
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any person who is not otherwise prohibited by this chapter 
from transporting, shipping, or receiving a firearm shall be en-
titled to transport a firearm for any lawful purpose from any 
place where he may lawfully possess and carry such firearm to 
any other place where he may lawfully possess and carry such 
firearm if, during such transportation the firearm is unloaded, 
and neither the firearm nor any ammunition being transported 
is readily accessible or is directly accessible from the passenger 
compartment of such transporting vehicle: Provided, That in 
the case of a vehicle without a compartment separate from the 
driver’s compartment the firearm or ammunition shall be con-
tained in a locked container other than the glove compartment 
or console. 
§ 589. Carrying of concealed firearms by qualified 
law enforcement officers 
(a) Notwithstanding any other provision of the law of any 
State or any political subdivision thereof, an individual who is 
a qualified law enforcement officer and who is carrying the 
identification required by subsection (d) may carry a concealed 
firearm that has been shipped or transported in interstate or 
foreign commerce, subject to subsection (b). 
(b) This section shall not be construed to supersede or 
limit the laws of any State that— 
(1) permit private persons or entities to prohibit or re-
strict the possession of concealed firearms on their prop-
erty; or 
(2) prohibit or restrict the possession of firearms on 
any State or local government property, installation, build-
ing, base, or park. 
(c) As used in this section, the term ‘‘qualified law en-
forcement officer’’ means an employee of a governmental agen-
cy who— 
(1) is authorized by law to engage in or supervise the 
prevention, detection, investigation, or prosecution of, or 
the incarceration of any person for, any violation of law, 
and has statutory powers of arrest; 
(2) is authorized by the agency to carry a firearm; 
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(3) is not the subject of any disciplinary action by the 
agency; 
(4) meets standards, if any, established by the agency 
which require the employee to regularly qualify in the use 
of a firearm; 
(5) is not under the influence of alcohol or another in-
toxicating or hallucinatory drug or substance; and 
(6) is not prohibited by Federal law from receiving a 
firearm. 
(d) The identification required by this subsection is the 
photographic identification issued by the governmental agency 
for which the individual is employed as a law enforcement offi-
cer. 
(e) As used in this section, the term ‘‘firearm’’ does not 
include— 
(1) any machinegun (as defined in section 5845 of the 
National Firearms Act); 
(2) any firearm silencer (as defined in section 581 of 
this title); and 
(3) any destructive device (as defined in section 581 
of this title). 
§ 590. Carrying of concealed firearms by qualified 
retired law enforcement officers 
(a) Notwithstanding any other provision of the law of any 
State or any political subdivision thereof, an individual who is 
a qualified retired law enforcement officer and who is carrying 
the identification required by subsection (d) may carry a con-
cealed firearm that has been shipped or transported in inter-
state or foreign commerce, subject to subsection (b). 
(b) This section shall not be construed to supersede or 
limit the laws of any State that— 
(1) permit private persons or entities to prohibit or re-
strict the possession of concealed firearms on their prop-
erty; or 
(2) prohibit or restrict the possession of firearms on 
any State or local government property, installation, build-
ing, base, or park. 
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(c) As used in this section, the term ‘‘qualified retired law 
enforcement officer’’ means an individual who— 
(1) retired in good standing from service with a public 
agency as a law enforcement officer, other than for reasons 
of mental instability; 
(2) before such retirement, was authorized by law to 
engage in or supervise the prevention, detection, investiga-
tion, or prosecution of, or the incarceration of any person 
for, any violation of law, and had statutory powers of ar-
rest; 
(3)(A) before such retirement, was regularly employed 
as a law enforcement officer for an aggregate of 15 years 
or more; or 
(B) retired from service with such agency, after com-
pleting any applicable probationary period of such service, 
due to a service-connected disability, as determined by such 
agency; 
(4) has a nonforfeitable right to benefits under the re-
tirement plan of the agency; 
(5) during the most recent 12-month period, has met, 
at the expense of the individual, the State’s standards for 
training and qualification for active law enforcement offi-
cers to carry firearms; 
(6) is not under the influence of alcohol or another in-
toxicating or hallucinatory drug or substance; and 
(7) is not prohibited by Federal law from receiving a 
firearm. 
(d) The identification required by this subsection is— 
(1) a photographic identification issued by the agency 
from which the individual retired from service as a law en-
forcement officer that indicates that the individual has, not 
less recently than one year before the date the individual 
is carrying the concealed firearm, been tested or otherwise 
found by the agency to meet the standards established by 
the agency for training and qualification for active law en-
forcement officers to carry a firearm of the same type as 
the concealed firearm; or 
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(2)(A) a photographic identification issued by the 
agency from which the individual retired from service as a 
law enforcement officer; and 
(B) a certification issued by the State in which the in-
dividual resides that indicates that the individual has, not 
less recently than one year before the date the individual 
is carrying the concealed firearm, been tested or otherwise 
found by the State to meet the standards established by the 
State for training and qualification for active law enforce-
ment officers to carry a firearm of the same type as the 
concealed firearm. 
(e) As used in this section, the term ‘‘firearm’’ does not 
include— 
(1) any machinegun (as defined in section 5845 of the 
National Firearms Act); 
(2) any firearm silencer (as defined in section 581 of 
this title); and 
(3) a destructive device (as defined in section 581 of 
this title). 
§ 591. Effect on State law 
No provision of this subchapter shall be construed as indi-
cating an intent on the part of the Congress to occupy the field 
in which such provision operates to the exclusion of the law of 
any State on the same subject matter, unless there is a direct 
and positive conflict between such provision and the law of the 
State so that the two cannot be reconciled or consistently stand 
together. 
§ 592. Use of restricted ammunition 
(a)(1) Whoever, during and in relation to the commission 
of a crime of violence or drug trafficking crime (including a 
crime of violence or drug trafficking crime which provides for 
an enhanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which he may be prosecuted 
in a court of the United States, uses or carries a firearm and 
is in possession of armor piercing ammunition capable of being 
fired in that firearm, shall, in addition to the punishment pro-
vided for the commission of such crime of violence or drug traf-
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ficking crime be sentenced to a term of imprisonment for not 
less than five years. 
(2) For purposes of this subsection, the term ‘‘drug traf-
ficking crime’’ means any felony punishable under the Con-
trolled Substances Act (21 U.S.C. 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. 951 et seq.), or 
the Maritime Drug Law Enforcement Act (46 U.S.C. App. 
1901 et seq.). 
(b) Notwithstanding any other provision of law, the court 
shall not suspend the sentence of any person convicted of a vio-
lation of this section, nor place the person on probation, nor 
shall the terms of imprisonment run concurrently with any 
other terms of imprisonment, including that imposed for the 
crime in which the armor piercing ammunition was used or 
possessed. 
§ 593. Possession of firearms and dangerous weap-
ons in Federal facilities 
(a) Except as provided in subsection (d), whoever know-
ingly possesses or causes to be present a firearm or other dan-
gerous weapon in a Federal facility (other than a Federal court 
facility), or attempts to do so, shall be imprisoned not more 
than 1 year. 
(b) Whoever, with intent that a firearm or other dan-
gerous weapon be used in the commission of a crime, knowingly 
possesses or causes to be present such firearm or dangerous 
weapon in a Federal facility, or attempts to do so, shall be im-
prisoned not more than 5 years. 
(c) A person who kills any person in the course of a viola-
tion of subsection (a) or (b), or in the course of an attack on 
a Federal facility involving the use of a firearm or other dan-
gerous weapon, or attempts or conspires to do such an act, 
shall be punished as provided in subchapter A of chapter 10. 
(d) Subsection (a) shall not apply to— 
(1) the lawful performance of official duties by an offi-
cer, agent, or employee of the United States, a State, or 
a political subdivision thereof, who is authorized by law to 
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engage in or supervise the prevention, detection, investiga-
tion, or prosecution of any violation of law; 
(2) the possession of a firearm or other dangerous 
weapon by a Federal official or a member of the Armed 
Forces if such possession is authorized by law; or 
(3) the lawful carrying of firearms or other dangerous 
weapons in a Federal facility incident to hunting or other 
lawful purposes. 
(e)(1) Except as provided in paragraph (2), whoever know-
ingly possesses or causes to be present a firearm in a Federal 
court facility, or attempts to do so, shall be imprisoned not 
more than 2 years. 
(2) Paragraph (1) shall not apply to conduct which is de-
scribed in paragraph (1) or (2) of subsection (d). 
(f) Nothing in this section limits the power of a court of 
the United States to punish for contempt or to promulgate 
rules or orders regulating, restricting, or prohibiting the posses-
sion of weapons within any building housing such court or any 
of its proceedings, or upon any grounds appurtenant to such 
building. 
(g) As used in this section: 
(1) The term ‘‘Federal facility’’ means a building or 
part thereof owned or leased by the Federal Government, 
where Federal employees are regularly present for the pur-
pose of performing their official duties. 
(2) The term ‘‘dangerous weapon’’ means a weapon, 
device, instrument, material, or substance, animate or inan-
imate, that is used for, or is readily capable of, causing 
death or serious bodily injury, except that such term does 
not include a pocket knife with a blade of less than 2 1/ 
2 inches in length. 
(3) The term ‘‘Federal court facility’’ means the court-
room, judges’ chambers, witness rooms, jury deliberation 
rooms, attorney conference rooms, prisoner holding cells, 
offices of the court clerks, the United States attorney, and 
the United States marshal, probation and parole offices, 
and adjoining corridors of any court of the United States. 
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(h) Notice of the provisions of subsections (a) and (b) 
shall be posted conspicuously at each public entrance to each 
Federal facility, and notice of subsection (e) shall be posted 
conspicuously at each public entrance to each Federal court fa-
cility, and no person shall be convicted of an offense under sub-
section (a) or (e) with respect to a Federal facility if such no-
tice is not so posted at such facility, unless such person had 
actual notice of subsection (a) or (e), as the case may be. 
§ 594. Prohibition on purchase, ownership, or pos-
session of body armor by violent felons 
(a) IN GENERAL.—Except as provided in subsection (b), 
it shall be unlawful for a person to purchase, own, or possess 
body armor, if that person has been convicted of a felony that 
is— 
(1) a crime of violence; or 
(2) an offense under State law that would constitute 
a crime of violence under paragraph (1) if it occurred with-
in the special maritime and territorial jurisdiction of the 
United States. 
(b) AFFIRMATIVE DEFENSE.— 
(1) IN GENERAL.—It shall be an affirmative defense 
under this section that— 
(A) the defendant obtained prior written certifi-
cation from his or her employer that the defendant’s 
purchase, use, or possession of body armor was nec-
essary for the safe performance of lawful business ac-
tivity; and 
(B) the use and possession by the defendant were 
limited to the course of such performance. 
(2) EMPLOYER.—In this subsection, the term ‘‘em-
ployer’’ means any other individual employed by the de-
fendant’s business that supervises defendant’s activity. If 
that defendant has no supervisor, prior written certification 
is acceptable from any other employee of the business. 
SUBCHAPTER C—EXPLOSIVES 
Sec. 
601.
Prohibited transactions involving nuclear materials. 
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§ 601. Prohibited transactions involving nuclear 
materials 
(a) Whoever, if one of the circumstances described in sub-
section (c) of this section occurs— 
(1) without lawful authority, intentionally receives, 
possesses, uses, transfers, alters, disposes of, or disperses 
any nuclear material or nuclear byproduct material and— 
(A) thereby knowingly causes the death of or seri-
ous bodily injury to any person or substantial damage 
to property or to the environment; or 
(B) circumstances exist, or have been represented 
to the defendant to exist, that are likely to cause the 
death or serious bodily injury to any person, or sub-
stantial damage to property or to the environment; 
(2) with intent to deprive another of nuclear material 
or nuclear byproduct material, knowingly— 
(A) takes and carries away nuclear material or nu-
clear byproduct material of another without authority; 
(B) makes an unauthorized use, disposition, or 
transfer, of nuclear material or nuclear byproduct ma-
terial belonging to another; or 
(C) uses fraud and thereby obtains nuclear mate-
rial or nuclear byproduct material belonging to another; 
(3) knowingly— 
(A) uses force; or 
(B) threatens or places another in fear that any 
person other than the actor will imminently be subject 
to bodily injury; 
and thereby takes nuclear material or nuclear byproduct 
material belonging to another from the person or presence 
of any other; 
(4) intentionally intimidates any person and thereby 
obtains nuclear material or nuclear byproduct material be-
longing to another; 
(5) with intent to compel any person, international or-
ganization, or governmental entity to do or refrain from 
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doing any act, knowingly threatens to engage in conduct 
described in paragraph (2)(A) or (3) of this subsection; 
(6) knowingly threatens to use nuclear material or nu-
clear byproduct material to cause death or serious bodily 
injury to any person or substantial damage to property or 
to the environment under circumstances in which the threat 
may reasonably be understood as an expression of serious 
purposes; 
(7) attempts to commit an offense under paragraph 
(1), (2), (3), or (4) of this subsection; or 
(8) is a party to a conspiracy of two or more persons 
to commit an offense under paragraph (1), (2), (3), or (4) 
of this subsection, if any of the parties intentionally en-
gages in any conduct in furtherance of such offense; 
shall be punished as provided in subsection (b) of this section. 
(b) The punishment for an offense under— 
(1) paragraphs (1) through (7) of subsection (a) of 
this section is— 
(A) a fine under this title; and 
(B) imprisonment— 
(i) for any term of years or for life (I) if, while 
committing the offense, the offender knowingly 
causes the death of any person; or (II) if, while 
committing an offense under paragraph (1) or (3) 
of subsection (a) of this section, the offender, under 
circumstances manifesting extreme indifference to 
the life of an individual, knowingly engages in any 
conduct and thereby recklessly causes the death of 
or serious bodily injury to any person; and 
(ii) for not more than 20 years in any other 
case; and 
(2) paragraph (8) of subsection (a) of this section is— 
(A) a fine under this title; and 
(B) imprisonment— 
(i) for not more than 20 years if the offense 
which is the object of the conspiracy is punishable 
under paragraph (1)(B)(i); and 
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(ii) for not more than 10 years in any other 
case. 
(c) The circumstances referred to in subsection (a) of this 
section are that— 
(1) the offense is committed in the United States or 
the special maritime and territorial jurisdiction of the 
United States, or the special aircraft jurisdiction of the 
United States (as defined in section 46501 of title 49); 
(2) an offender or a victim is— 
(A) a national of the United States; or 
(B) a United States corporation or other legal en-
tity; 
(3) after the conduct required for the offense occurs 
the defendant is found in the United States, even if the 
conduct required for the offense occurs outside the United 
States; 
(4) the conduct required for the offense occurs with 
respect to the carriage of a consignment of nuclear material 
or nuclear byproduct material for peaceful purposes by any 
means of transportation intended to go beyond the territory 
of the state where the shipment originates beginning with 
the departure from a facility of the shipper in that state 
and ending with the arrival at a facility of the receiver 
within the state of ultimate destination and either of such 
states is the United States; or 
(5) either— 
(A) the governmental entity under subsection 
(a)(5) is the United States; or 
(B) the threat under subsection (a)(6) is directed 
at the United States. 
(d) The Attorney General may request assistance from the 
Secretary of Defense under chapter 18 of title 10 in the en-
forcement of this section and the Secretary of Defense may 
provide such assistance in accordance with chapter 18 of title 
10, except that the Secretary of Defense may provide such as-
sistance through any Department of Defense personnel. 
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(e)(1) The Attorney General may also request assistance 
from the Secretary of Defense under this subsection in the en-
forcement of this section. Notwithstanding section 1385 of this 
title, the Secretary of Defense may, in accordance with other 
applicable law, provide such assistance to the Attorney General 
if— 
(A) an emergency situation exists (as jointly deter-
mined by the Attorney General and the Secretary of De-
fense in their discretion); and 
(B) the provision of such assistance will not adversely 
affect the military preparedness of the United States (as 
determined by the Secretary of Defense in such Secretary’s 
discretion). 
(2) As used in this subsection, the term ‘‘emergency situa-
tion’’ means a circumstance— 
(A) that poses a serious threat to the interests of the 
United States; and 
(B) in which— 
(i) enforcement of the law would be seriously im-
paired if the assistance were not provided; and 
(ii) civilian law enforcement personnel are not ca-
pable of enforcing the law. 
(3) Assistance under this section may include— 
(A) use of personnel of the Department of Defense to 
arrest persons and conduct searches and seizures with re-
spect to violations of this section; and 
(B) such other activity as is incidental to the enforce-
ment of this section, or to the protection of persons or 
property from conduct that violates this section. 
(4) The Secretary of Defense may require reimbursement 
as a condition of assistance under this section. 
(5) The Attorney General may delegate the Attorney Gen-
eral’s function under this subsection only to a Deputy, Asso-
ciate, or Assistant Attorney General. 
(f) As used in this section— 
(1) the term ‘‘nuclear material’’ means material con-
taining any— 
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(A) plutonium ; 
(B) uranium not in the form of ore or ore residue 
that contains the mixture of isotopes as occurring in 
nature; 
(C) enriched uranium, defined as uranium that 
contains the isotope 233 or 235 or both in such 
amount that the abundance ratio of the sum of those 
isotopes to the isotope 238 is greater than the ratio of 
the isotope 235 to the isotope 238 occurring in nature; 
or 
(D) uranium 233; 
(2) the term ‘‘nuclear byproduct material’’ means any 
material containing any radioactive isotope created through 
an irradiation process in the operation of a nuclear reactor 
or accelerator; 
(3) the term ‘‘international organization’’ means a 
public international organization designated as such pursu-
ant to section 1 of the International Organizations Immu-
nities Act (22 U.S.C. 288) or a public organization created 
pursuant to treaty or other agreement under international 
law as an instrument through or by which two or more for-
eign governments engage in some aspect of their conduct 
of international affairs; 
(7) the term ‘‘United States corporation or other legal 
entity’’ means any corporation or other entity organized 
under the laws of the United States or any State, Common-
wealth, territory, possession, or district of the United 
States. 
SUBCHAPTER 
D—IMPORTATION, 
MANUFACTURE, 
DISTRIBUTION AND STORAGE OF EXPLOSIVE MA-
TERIALS 
Sec. 
611.
Definitions. 
612.
Unlawful acts. 
613.
Licenses and user permits. 
614.
Penalties. 
615.
Exceptions; relief from disabilities. 
616.
Additional powers of the Attorney General. 
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