18 Usc 923

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and July 7, 2006]
[CITE: 18USC923]

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 44--FIREARMS

Sec. 923. Licensing

(a) No person shall engage in the business of importing,
manufacturing, or dealing in firearms, or importing or manufacturing
ammunition, until he has filed an application with and received a
license to do so from the Attorney General. The application shall be in
such form and contain only that information 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;
(B) of firearms other than destructive devices, a fee of $50 per
year; or
(C) of ammunition for firearms, other than ammunition for
destructive devices or armor piercing ammunition, a fee of $10 per
year.

(2) If the applicant is an importer--
(A) of destructive devices, ammunition for destructive devices
or armor piercing 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.

(3) If the applicant is a dealer--
(A) in destructive devices or ammunition for destructive
devices, a fee of $1,000 per year; or
(B) who is not a dealer in destructive 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 information necessary to
determine eligibility as the Attorney General shall by regulation
prescribe. The fee for such license shall be $10 per year. Any license
granted under this subsection shall only apply to transactions in curios
and relics.
(c) 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 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 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, 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 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 corporation,
partnership, or association, any individual possessing, directly or
indirectly, the power to direct or cause the direction of the
management and policies of the corporation, partnership, or
association) is not prohibited from transporting, 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 collector, premises from which he
conducts his collecting subject to license under this chapter or
from which he intends 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
(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 firearms are sold under the
license to persons who are not licensees (subject to the exception
that in any case in which a secure gun storage or safety device is
temporarily unavailable because of theft, casualty 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 requirement under this
subparagraph to make available such a device).

(2) The Attorney General must approve or deny an application for a
license within the 60-day period beginning on the date it is received.
If the 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 applicant shall be issued a license upon the payment
of the prescribed 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, 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 requirement to make available
such a device). The Attorney General may, after notice and opportunity
for hearing, revoke the license of a dealer who willfully transfers
armor piercing ammunition. The Secretary's \1\ action under this
subsection may be reviewed only as provided in subsection (f) of this
section.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``Attorney General's''.
---------------------------------------------------------------------------
(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 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 Attorney General
decides not to reverse his decision to deny an application or revoke a
license, the Attorney General shall give notice of his decision to the
aggrieved party. The aggrieved party may at any time within sixty days
after the date notice was given under this paragraph file a petition
with the United States district court for the district in which he
resides or has his principal place of business for a de novo judicial
review of such denial or 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 necessary to comply with the judgment of the court.
(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
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 firearms at his place
of business for such period, and in such form, as the Attorney General
may by regulations prescribe. Such importers, 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 expressly 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 premises, 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 collector, or any licensed importer or manufacturer of
ammunition, for the purpose of inspecting or examining--
(i) any records or documents required to be kept by such
licensed importer, licensed manufacturer, licensed dealer, or
licensed 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 inventory and
records of a licensed importer, licensed manufacturer, or licensed
dealer without such reasonable cause or warrant--
(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 period; or
(II) at any time with respect to records relating to a
firearm involved in a criminal investigation that is traced to
the licensee; or

(iii) when such inspection or examination may be required for
determining the disposition of one or more particular firearms in
the course of a bona fide criminal investigation.

(C) The Attorney General may inspect the inventory and records of a
licensed collector without such reasonable cause or warrant--
(i) for ensuring compliance with the record keeping requirements
of this chapter not more than once during any twelve-month period;
or
(ii) when such inspection or examination may be required for
determining the disposition of one or more particular firearms in
the course of a bona fide criminal investigation.

(D) At the election of a licensed collector, the annual inspection
of records and inventory permitted under this paragraph shall be
performed at the office of the Attorney General designated for such
inspections which is located in closest proximity to the premises where
the inventory and records of such licensed collector are maintained. The
inspection and examination authorized by this paragraph shall not be
construed as authorizing the Attorney General to seize any records or
other documents other than those records or documents constituting
material evidence of a violation of law. If the Attorney 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
provide information to the extent such information may be contained in
the records required to be maintained by this chapter, when so requested
by any Federal, State, or local law enforcement agency.
(2) Each licensed collector shall maintain in a bound volume the
nature of which the Attorney General may by regulations 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 required 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 regarding a
purchaser who is prohibited by subsection (g) or (n) of section 922 of
this title from receipt of a firearm, the department of State police or
State law enforcement agency or local law enforcement agency of the
local jurisdiction shall not disclose any such form or the contents
thereof to any person or entity, and shall destroy each such form and
any record of the contents thereof no more than 20 days from the date
such form is received. No later than the date that is 6 months after the
effective date of this subparagraph, and at the end of each 6-month
period thereafter, the department of State police or State law
enforcement agency or local law enforcement agency of the local
jurisdiction shall certify to the Attorney General of the United States
that no disclosure contrary to this subparagraph has been made and that
all forms and any record of the contents thereof have been destroyed as
provided in this subparagraph.
(4) Where a firearms or ammunition business is discontinued and
succeeded by a new licensee, the records required to be kept by this
chapter shall appropriately reflect such facts and shall be delivered to
the successor. Where discontinuance of the business is absolute, such
records shall be delivered within thirty days after the business
discontinuance to the Attorney General. However, where State law or
local ordinance requires the delivery of records to other responsible
authority, the Attorney General may arrange for the delivery of such
records to such other responsible authority.
(5)(A) Each licensee shall, when required by letter issued by the
Attorney General, and until 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 General in such letter may specify.
(B) The Attorney General may authorize such record information to be
submitted in a manner other than that prescribed in subparagraph (A) of
this paragraph when it is shown by a licensee that an alternate method
of reporting is reasonably necessary and will not unduly hinder the
effective administration 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
application submitted to the Attorney General, and the Attorney General
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 required to be kept by
this chapter as may be required for determining the disposition of 1 or
more firearms in the course of a bona fide criminal investigation. The
requested information shall be provided orally or in writing, as the
Attorney General may require. The Attorney General shall implement a
system whereby the 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.
(h) Licenses issued under the provisions of subsection (c) of this
section shall be kept posted and kept available for inspection 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 Attorney General shall by regulations
prescribe, each firearm imported or manufactured by such importer or
manufacturer.
(j) A licensed importer, licensed manufacturer, or licensed dealer
may, under rules or regulations prescribed by the Attorney General,
conduct business temporarily at a location other than the location
specified on the license if such temporary location is the location for
a gun show or event sponsored by any 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 location is in the State which is specified on the
license. Records of receipt and disposition of firearms transactions
conducted at such temporary location shall include the location of the
sale or other disposition and shall be entered in the permanent records
of the licensee and retained on the location specified on the license.
Nothing in this subsection shall authorize any licensee 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 inspection or examination of inventory or records under
this chapter by the Attorney General at such temporary location shall be
limited to inventory consisting of, or records relating to, firearms
held or disposed at such temporary location. Nothing in this subsection
shall be construed to authorize the Attorney General to inspect or
examine the inventory or records of a licensed importer, licensed
manufacturer, or licensed dealer at any location other than the location
specified on the license. Nothing in this subsection shall be construed
to diminish in any manner any right to display, sell, or otherwise
dispose of firearms or ammunition, which is in effect before the date of
the enactment of the Firearms Owners' Protection Act, including the
right of a licensee to conduct ``curios or relics'' firearms transfers
and business away from their business premises with 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 ammunition as defined in section
921(a)(17)(B).
(l) The Attorney General shall notify the chief law enforcement
officer in the appropriate State and local jurisdictions of the names
and addresses of all persons in the State to whom a firearms license is
issued.

(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat. 231;
amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82 Stat. 1221;
Pub. L. 92-377, title I, Sec. 165(b), Dec. 21, 1982, 96 Stat. 1923; Pub.
L. 99-308, Sec. 103, May 19, 1986, 100 Stat. 453; Pub. L. 99-360,
Sec. 1(c), July 8, 1986, 100 Stat. 766; Pub. L. 99-408, Secs. 3-7, Aug.
28, 1986, 100 Stat. 921; Pub. L. 100-690, title VII, Sec. 7060(d), Nov.
18, 1988, 102 Stat. 4404; Pub. L. 101-647, title XXII, Sec. 2203(a),
title XXXV, Sec. 3525, Nov. 29, 1990, 104 Stat. 4857, 4924; Pub. L. 101-
650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-159,
title II, Sec. 201, title III, Sec. 303, Nov. 30, 1993, 107 Stat. 1544,
1545; Pub. L. 103-322, title XI, Secs. 110102(d), 110103(d), 110105(2),
110301(a), 110302-110307, title XXXIII, Sec. 330011(i), Sept. 13, 1994,
108 Stat. 1998-2000, 2012-2014, 2145; Pub. L. 104-208, div. A, title I,
Sec. 101(f) [title I, Sec. 118], Sept. 30, 1996, 110 Stat. 3009-314,
3009-326; Pub. L. 104-294, title VI, Sec. 603(j)(1), (k), (l), Oct. 11,
1996, 110 Stat. 3504, 3505; Pub. L. 105-277, div. A, Sec. 101(b) [title
I, Sec. 119(b), (c)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-69; Pub. L.
107-296, title XI, Sec. 1112(f)(5), (6), Nov. 25, 2002, 116 Stat. 2276.)

References in Text

The effective date of this subparagraph, referred to in subsec.
(g)(3)(B), is the date of enactment of Pub. L. 103-159, which was
approved Nov. 30, 1993.
The date of the enactment of the Firearms Owners' Protection Act,
referred to in subsec. (j), is the date of enactment of Pub. L. 99-308,
which was approved May 19, 1986.

Amendments

2002--Subsecs. (a) to (g), (i) to (k). Pub. L. 107-296,
Sec. 1112(f)(6), substituted ``Attorney General'' for ``Secretary''
wherever appearing.
Subsec. (l). Pub. L. 107-296, Sec. 1112(f)(5), substituted
``Attorney General'' for ``Secretary of the Treasury''.
1998--Subsec. (d)(1)(G). Pub. L. 105-277, Sec. 101(b) [title I,
Sec. 119(b)], added subpar. (G).
Subsec. (e). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 119(c)],
inserted before period at end of first sentence ``or fails to have
secure gun storage or safety devices available at any place in which
firearms are sold under the license to persons who are not licensees
(except that in any case in which a secure gun storage or safety device
is temporarily unavailable because of theft, casualty loss, consumer
sales, backorders from a manufacturer, or any other 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)''.
1996--Subsec. (g)(1)(B)(ii). Pub. L. 104-294, Sec. 603(k),
substituted ``; or'' for period at end of subcl. (II) and realigned
margins.
Subsec. (g)(3)(A). Pub. L. 104-294, Sec. 603(j)(1), amended
directory language of Pub. L. 103-159, Sec. 201(1). See 1993 Amendment
note below.
Subsec. (j). Pub. L. 104-208 substituted for period at end ``,
including 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.''
Subsec. (l). Pub. L. 104-294, Sec. 603(l), redesignated last subsec.
as subsec. (l) and realigned margins.
1994--Subsec. (a). Pub. L. 103-322, Sec. 110301(a), inserted ``and
shall include a photograph and fingerprints of the applicant'' after
``regulation prescribe'' in introductory provisions.
Subsec. (a)(3)(B). Pub. L. 103-322, Sec. 330011(i), amended
directory language of Pub. L. 101-647, Sec. 3525. See 1990 Amendment
note below.
Subsec. (d)(1)(F). Pub. L. 103-322, Sec. 110302, added subpar. (F).
Subsec. (d)(2). Pub. L. 103-322, Sec. 110303, substituted ``60-day
period'' for ``forty-five-day period''.
Subsec. (g)(1)(B)(ii). Pub. L. 103-322, Sec. 110304, amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: ``for
ensuring compliance with the record keeping requirements of this chapter
not more than once during any twelve-month period; or''.
Subsec. (g)(6). Pub. L. 103-322, Sec. 110305, added par. (6).
Subsec. (g)(7). Pub. L. 103-322, Sec. 110306, added par. (7).
Subsec. (i). Pub. L. 103-322, Sec. 110103(d), which inserted at end
``A large capacity ammunition feeding device manufactured after the date
of the enactment of this sentence shall be identified by a serial number
that clearly shows that the device was manufactured or imported after
the effective date of this subsection, and such other identification as
the Secretary may by regulation prescribe.'', was repealed by Pub. L.
103-322, Sec. 110105(2). See Effective and Termination Dates of 1994
Amendment note below.
Pub. L. 103-322, Sec. 110102(d), which inserted penultimate sentence
which read as follows: ``The serial number of any semiautomatic assault
weapon manufactured after the date of the enactment of this sentence
shall clearly show the date on which the weapon was manufactured.'', was
repealed by Pub. L. 103-322, Sec. 110105(2). See Effective and
Termination Dates of 1994 Amendment note below.
Subsec. (l). Pub. L. 103-322, Sec. 110307, which directed the
amendment of this section by adding subsec. (1) at end, was executed by
adding subsec. (l) at end to reflect the probable intent of Congress.
1993--Subsec. (a)(3)(A). Pub. L. 103-159, Sec. 303(1), inserted
``or'' at end of subpar. (A).
Subsec. (a)(3)(B). Pub. L. 103-159, Sec. 303(2), (3), substituted
``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.'' for ``who is a pawnbroker dealing in firearms other than
destructive devices, a fee of $25 per year; or''.
Subsec. (a)(3)(C). Pub. L. 103-159, Sec. 303(4), struck out subpar.
(C) which read as follows: ``who is not a dealer in destructive devices
or a pawnbroker, a fee of $10 per year.''
Subsec. (g)(3). Pub. L. 103-159, Sec. 201, as amended by Pub. L.
104-294, Sec. 603(j)(1), designated existing provisions as subpar. (A),
inserted ``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,''
after ``thereon'', and added subpar. (B).
1990--Subsec. (a)(3)(B). Pub. L. 101-647, Sec. 3525, as amended by
Pub. L. 103-322, Sec. 330011(i), inserted a comma after ``devices''.
Subsec. (d)(1)(B). Pub. L. 101-647, Sec. 2203(a), substituted
``(n)'' for ``(h)''.
1988--Subsec. (a). Pub. L. 100-690, Sec. 7060(d)(1), struck out
period after ``licensing'' in introductory provisions.
Subsec. (f)(3). Pub. L. 100-690, Sec. 7060(d)(2), struck out the
period that followed a period after ``paragraph (2)''.
1986--Subsec. (a). Pub. L. 99-308, Sec. 103(1), amended first
sentence generally and substituted ``only that information necessary to
determine eligibility for licensing.'' for ``such information'' in
second sentence. Prior to amendment, first sentence read as follows:
``No person shall engage in business as a firearms or ammunition
importer, manufacturer, or dealer until he has filed an application
with, and received a license to do so from, the Secretary.''
Subsec. (a)(1)(A). Pub. L. 99-408, Sec. 3, in amending subpar. (A)
generally, substituted ``, ammunition for destructive devices or armor
piercing ammunition'' for ``or ammunition for destructive devices''.
Subsec. (a)(1)(C). Pub. L. 99-408, Sec. 4, in amending subpar. (C)
generally, substituted ``, other than ammunition for destructive devices
or armor piercing ammunition'' for ``other than destructive devices''.
Subsec. (a)(2). Pub. L. 99-408, Sec. 5, amended subpars. (A) and (B)
generally. Prior to amendment, subpars. (A) and (B) read as follows:
``(A) of destructive devices or ammunition for destructive devices,
a fee of $1,000 per year; or
``(B) of firearms other than destructive devices or ammunition for
firearms other than destructive devices, a fee of $50 per year.''
Subsec. (a)(3)(B). Pub. L. 99-308, Sec. 103(2), struck out ``or
ammunition for firearms other than destructive devices,'' after
``destructive devices''.
Subsec. (b). Pub. L. 99-308, Sec. 103(3), substituted ``only that
information necessary to determine eligibility'' for ``such
information''.
Subsec. (c). Pub. L. 99-360 inserted provision which required any
licensed manufacturer, importer, or dealer who has maintained a firearm
as part of a personal collection for one year and sells or otherwise
disposes of such firearm to record the description of the firearm in a
bound volume, specified other information to be recorded, and provided
that no other recordkeeping be required.
Pub. L. 99-308, Sec. 103(4), inserted provision that nothing in this
chapter be construed to prohibit a licensed manufacturer, importer, or
dealer from maintaining and disposing of a personal collection of
firearms subject to such restrictions as apply in this chapter to other
persons, and provision specifying circumstances under which such
disposition or any other acquisition shall result in such firearms being
deemed part of the licensee's business inventory.
Subsec. (e). Pub. L. 99-408, Sec. 6, inserted provisions relating to
licenses of dealers willfully transferring armor piercing ammunition.
Pub. L. 99-308, Sec. 103(5), inserted ``willfully'' before
``violated''.
Subsec. (f)(3). Pub. L. 99-308, Sec. 103(6)(A), inserted ``de novo''
before ``judicial review'' in second sentence and ``whether or not such
evidence was considered at the hearing held under paragraph (2).'' after
``to the proceeding'' in third sentence.
Subsec. (f)(4). Pub. L. 99-308, Sec. 103(6)(B), added par. (4).
Subsec. (g). Pub. L. 99-308, Sec. 103(7), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ``Each
licensed importer, licensed manufacturer, licensed dealer, and licensed
collector shall maintain such records of importation, production,
shipment, receipt, sale, or other disposition, of firearms and
ammunition except .22 caliber rimfire ammunition at such place, for such
period, and in such form as the Secretary may by regulations prescribe.
Such importers, manufacturers, dealers, and collectors shall make such
records available for inspection at all reasonable times, and shall
submit to the Secretary such reports and information with respect to
such records and the contents thereof as he shall by regulations
prescribe. The Secretary may enter during business hours the premises
(including places of storage) of any firearms or ammunition importer,
manufacturer, dealer, or collector for the purpose of inspecting or
examining (1) any records or documents required to be kept by such
importer, manufacturer, dealer, or collector under the provisions of
this chapter or regulations issued under this chapter, and (2) any
firearms or ammunition kept or stored by such importer, manufacturer,
dealer, or collector at such premises. Upon the request of any State or
any political subdivision thereof, the Secretary may make available to
such State or any political subdivision thereof, any information which
he may obtain by reason of the provisions of this chapter with respect
to the identification of persons within such State or political
subdivision thereof, who have purchased or received firearms or
ammunition, together with a description of such firearms or
ammunition.''
Subsec. (j). Pub. L. 99-308, Sec. 103(8), amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: ``This
section shall not apply to anyone who engages only in hand loading,
reloading, or custom loading ammunition for his own firearm, and who
does not hand load, reload, or custom load ammunition for others.''
Subsec. (k). Pub. L. 99-408, Sec. 7, added subsec. (k).
1982--Subsec. (g). Pub. L. 97-377 inserted ``except .22 caliber
rimfire ammunition'' after ``and ammunition''. The amendment by Pub. L.
97-377, which purported to amend subsec. (9), was executed instead to
subsec. (g) as the probable intent of Congress because this section does
not contain a subsec. (9).
1968--Subsec. (a). Pub. L. 90-618 struck out ``be required to''
after ``Each applicant shall''.
Subsec. (a)(1). Pub. L. 90-618 inserted ``the applicant is'' after
``If'' in text preceding subpar. (A), substituted ``or ammunition for
destructive devices,'' for ``and/or ammunition'' in subpar. (A),
decreased the fee from $500 per year to $50 per year in subpar. (B), and
added subpar. (C).
Subsec. (a)(2). Pub. L. 90-618 inserted ``the applicant is'' after
``If'' in text preceding subpar. (A), substituted ``or ammunition for
destructive devices,'' for ``and/or ammunition'' in subpar. (A), and
inserted provision for ammunition for firearms other than destructive
devices and decreased the fee from $500 per year to $50 per year in
subpar. (B).
Subsec. (a)(3). Pub. L. 90-618 inserted ``the applicant is'' after
``If'' in text preceding subpar. (A), substituted ``in destructive
devices or ammunition for destructive devices,'' for ``of destructive
devices and/or ammunition'' in subpar. (A), and inserted provision for
ammunition for firearms other than destructive devices and decreased the
fee from $250 per year to $25 per year in subpar. (B).
Subsecs. (b), (c). Pub. L. 90-618 added subsec. (b), redesignated
former subsec. (b) as (c) and made mandatory the requirement that the
Secretary issue the appropriate license to a qualified applicant. Former
subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 90-618 redesignated former subsec. (c) as
(d)(1), made changes in phraseology, inserted references to section
922(g) and (h) of this chapter in subsec. (d)(1)(B) and to applicants
engaged in collecting in subsec. (d)(1)(E)(ii), and added subsec.
(d)(2). Former subsec. (d) redesignated (g).
Subsecs. (e), (f). Pub. L. 90-618 added subsecs. (e) and (f) and
redesignated former subsecs. (e) and (f) as (h) and (i), respectively.
Subsec. (g). Pub. L. 90-618 redesignated former subsec. (d) as (g)
and added licensed collectors to the enumerated list of licensees
subject to the provisions of this section.
Subsec. (h). Pub. L. 90-618 redesignated former subsec. (e) as (h)
and substituted ``subsection (c)'' for ``subsection (b)''.
Subsec. (i). Pub. L. 90-618 redesignated former subsec. (f) as (i)
and inserted ``, by means of a serial number engraved or cast on the
receiver or frame of the weapon,'' after ``shall identify''.
Subsec. (j). Pub. L. 90-618 added subsec. (j).

Change of Name

Words ``magistrate judge'' substituted for ``magistrate'' wherever
appearing in subsec. (g)(1)(A) pursuant to section 321 of Pub. L. 101-
650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105-277, effective 180 days after Oct. 21,
1998, see section 101(b) [title I, Sec. 119(e)] of Pub. L. 105-277, set
out as a note under section 921 of this title.

Effective Date of 1996 Amendment

Section 603(j)(2) of Pub. L. 104-294 provided that: ``The amendment
made by paragraph (1) [amending this section] shall take effect as if
the amendment had been included in the Act referred to in paragraph (1)
[Pub. L. 103-159] on the date of the enactment of such Act [Nov. 30,
1993].''

Effective and Termination Dates of 1994 Amendment

Amendment by sections 110102(d) and 110103(d) of Pub. L. 103-322
repealed 10 years after Sept. 13, 1994, see section 110105(2) of Pub. L.
103-322, formerly set out as a note under section 921 of this title.
Section 330011(i) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section 3525
of Pub. L. 101-647 took effect.

Effective Date of 1986 Amendment

Amendment by sections 3 to 5 of Pub. L. 99-408 effective first day
of first calendar month beginning more than ninety days after Aug. 28,
1986, and amendment by sections 6 and 7 of Pub. L. 99-408 effective Aug.
28, 1986, see section 9 of Pub. L. 99-408, set out as a note under
section 921 of this title.
Amendment by Pub. L. 99-360 effective on date on which amendment of
this section by Firearms Owners' Protection Act, Pub. L. 99-308, became
effective, see section 2 of Pub. L. 99-360, set out as a note under
section 921 of this title.
Amendment by section 103(1)-(6)(A), (7), (8) of Pub. L. 99-308
effective 180 days after May 19, 1986, and amendment by section
103(6)(B) of Pub. L. 99-308 applicable to any action, petition, or
appellate proceeding pending on May 19, 1986, see section 110(a), (b) of
Pub. L. 99-308, set out as a note under section 921 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section 105
of Pub. L. 90-618, set out as a note under section 921 of this title.

Statutory Construction; Evidence

Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 119(d)], Oct.
21, 1998, 112 Stat. 2681-50, 2681-70, provided that:
``(1) Statutory construction.--Nothing in the amendments made by
this section [amending this section and section 921 of this title] shall
be construed--
``(A) as creating a cause of action against any firearms dealer
or any other person for any civil liability; or
``(B) as establishing any standard of care.
``(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the amendments made
by this section shall not be admissible as evidence in any proceeding of
any court, agency, board, or other entity.''

Funding for Bureau Not Authorized for Disclosure of Data

Pub. L. 108-447, div. B, title I, Dec. 8, 2004, 118 Stat. 2859,
provided in part: ``That no funds appropriated under this or any other
Act with respect to any fiscal year may be used to disclose part or all
of the contents of the Firearms Trace System database maintained by the
National Trace Center of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives or any information required to be kept by licensees pursuant
to section 923(g) of title 18, United States Code, or required to be
reported pursuant to paragraphs (3) and (7) of such section 923(g), to
anyone other than a Federal, State, or local law enforcement agency or a
prosecutor solely in connection with and for use in a bona fide criminal
investigation or prosecution and then only such information as pertains
to the geographic jurisdiction of the law enforcement agency requesting
the disclosure and not for use in any civil action or proceeding other
than an action or proceeding commenced by the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, or a review of such an action or
proceeding, to enforce the provisions of chapter 44 of such title, and
all such data shall be immune from legal process and shall not be
subject to subpoena or other discovery in any civil action in a State or
Federal court or in any administrative proceeding other than a
proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives to enforce the provisions of that chapter, or a review of
such an action or proceeding; except that this proviso shall not be
construed to prevent the disclosure of statistical information
concerning total production, importation, and exportation by each
licensed importer (as defined in section 921(a)(9) of such title) and
licensed manufacturer (as defined in section 921(a)(10) of such
title)''.