From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2006]
[CITE: 18USC922]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 922. Unlawful acts
(a) It shall be unlawful--
(1) for any person--
(A) except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms, or in the course of such
business to ship, transport, or receive any firearm in
interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to
engage in the business of importing or manufacturing ammunition,
or in the course of such business, to ship, transport, or
receive any ammunition in interstate or foreign commerce;
(2) for any importer, manufacturer, dealer, or collector
licensed under the provisions of this chapter to ship or transport
in interstate or foreign commerce any firearm to any person other
than a licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, except that--
(A) this paragraph and subsection (b)(3) shall not be held
to preclude a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector from returning a firearm or
replacement firearm of the same kind and type to a person from
whom it was received; and this paragraph shall not be held to
preclude an individual from mailing a firearm owned in
compliance with Federal, State, and local law to a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to preclude a licensed
importer, licensed manufacturer, or licensed dealer from
depositing a firearm for conveyance in the mails to any officer,
employee, agent, or watchman who, pursuant to the provisions of
section 1715 of this title, is eligible to receive through the
mails pistols, revolvers, and other firearms capable of being
concealed on the person, for use in connection with his official
duty; and
(C) nothing in this paragraph shall be construed as applying
in any manner in the District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United States differently
than it would apply if the District of Columbia, the
Commonwealth of Puerto Rico, or the possession were in fact a
State of the United States;
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person is a
corporation or other business entity, the State where it maintains a
place of business) any firearm purchased or otherwise obtained by
such person outside that State, except that this paragraph (A) shall
not preclude any person who lawfully acquires a firearm by bequest
or intestate succession in a State other than his State of residence
from transporting the firearm into or receiving it in that State, if
it is lawful for such person to purchase or possess such firearm in
that State, (B) shall not apply to the transportation or receipt of
a firearm obtained in conformity with subsection (b)(3) of this
section, and (C) shall not apply to the transportation of any
firearm acquired in any State prior to the effective date of this
chapter;
(4) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, to transport
in interstate or foreign commerce any destructive device, machinegun
(as defined in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except as
specifically authorized by the Attorney General consistent with
public safety and necessity;
(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to transfer,
sell, trade, give, transport, or deliver any firearm to any person
(other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows or has
reasonable cause to believe does not reside in (or if the person is
a corporation or other business entity, does not maintain a place of
business in) the State in which the transferor resides; except that
this paragraph shall not apply to (A) the transfer, transportation,
or delivery of a firearm made to carry out a bequest of a firearm
to, or an acquisition by intestate succession of a firearm by, a
person who is permitted to acquire or possess a firearm under the
laws of the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
(6) for any person in connection with the acquisition or
attempted acquisition of any firearm or ammunition from a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector, knowingly to make any false or fictitious oral or written
statement or to furnish or exhibit any false, fictitious, or
misrepresented identification, intended or likely to deceive such
importer, manufacturer, dealer, or collector with respect to any
fact material to the lawfulness of the sale or other disposition of
such firearm or ammunition under the provisions of this chapter;
(7) for any person to manufacture or import armor piercing
ammunition, unless--
(A) the manufacture of such ammunition is for the use of the
United States, any department or agency of the United States,
any State, or any department, agency, or political subdivision
of a State;
(B) the manufacture of such ammunition is for the purpose of
exportation; or
(C) the manufacture or importation of such ammunition is for
the purpose of testing or experimentation and has been
authorized by the Attorney General;
(8) for any manufacturer or importer to sell or deliver armor
piercing ammunition, unless such sale or delivery--
(A) is for the use of the United States, any department or
agency of the United States, any State, or any department,
agency, or political subdivision of a State;
(B) is for the purpose of exportation; or
(C) is for the purpose of testing or experimentation and has
been authorized by the Attorney General; \1\
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\1\ So in original. Probably should be followed with ``and''.
(9) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, who does not
reside in any State to receive any firearms unless such receipt is
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for lawful sporting purposes.
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver--
(1) any firearm or ammunition to any individual who the licensee
knows or has reasonable cause to believe is less than eighteen years
of age, and, if the firearm, or ammunition is other than a shotgun
or rifle, or ammunition for a shotgun or rifle, to any individual
who the licensee knows or has reasonable cause to believe is less
than twenty-one years of age;
(2) any firearm to any person in any State where the purchase or
possession by such person of such firearm would be in violation of
any State law or any published ordinance applicable at the place of
sale, delivery or other disposition, unless the licensee knows or
has reasonable cause to believe that the purchase or possession
would not be in violation of such State law or such published
ordinance;
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person is
a corporation or other business entity, does not maintain a place of
business in) the State in which the licensee's place of business is
located, except that this paragraph (A) shall not apply to the sale
or delivery of any rifle or shotgun to a resident of a State other
than a State in which the licensee's place of business is located if
the transferee meets in person with the transferor to accomplish the
transfer, and the sale, delivery, and receipt fully comply with the
legal conditions of sale in both such States (and any licensed
manufacturer, importer or dealer shall be presumed, for purposes of
this subparagraph, in the absence of evidence to the contrary, to
have had actual knowledge of the State laws and published ordinances
of both States), and (B) shall not apply to the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun (as defined
in section 5845 of the Internal Revenue Code of 1986), short-
barreled shotgun, or short-barreled rifle, except as specifically
authorized by the Attorney General consistent with public safety and
necessity; and
(5) any firearm or armor-piercing ammunition to any person
unless the licensee notes in his records, required to be kept
pursuant to section 923 of this chapter, the name, age, and place of
residence of such person if the person is an individual, or the
identity and principal and local places of business of such person
if the person is a corporation or other business entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to
transactions between licensed importers, licensed manufacturers,
licensed dealers, and licensed collectors. Paragraph (4) of this
subsection shall not apply to a sale or delivery to any research
organization designated by the Attorney General.
(c) In any case not otherwise prohibited by this chapter, a licensed
importer, licensed manufacturer, or licensed dealer may sell a firearm
to a person who does not appear in person at the licensee's business
premises (other than another licensed importer, manufacturer, or dealer)
only if--
(1) the transferee submits to the transferor a sworn statement
in the following form:
``Subject to penalties provided by law, I swear that, in the
case of any firearm other than a shotgun or a rifle, I am
twenty-one years or more of age, or that, in the case of a
shotgun or a rifle, I am eighteen years or more of age; that I
am not prohibited by the provisions of chapter 44 of title 18,
United States Code, from receiving a firearm in interstate or
foreign commerce; and that my receipt of this firearm will not
be in violation of any statute of the State and published
ordinance applicable to the locality in which I reside. Further,
the true title, name, and address of the principal law
enforcement officer of the locality to which the firearm will be
delivered are ____________
_______________________
Signature _________ Date ____.''
and containing blank spaces for the attachment of a true copy of any
permit or other information required pursuant to such statute or
published ordinance;
(2) the transferor has, prior to the shipment or delivery of the
firearm, forwarded by registered or certified mail (return receipt
requested) a copy of the sworn statement, together with a
description of the firearm, in a form prescribed by the Attorney
General, to the chief law enforcement officer of the transferee's
place of residence, and has received a return receipt evidencing
delivery of the statement or has had the statement returned due to
the refusal of the named addressee to accept such letter in
accordance with United States Post Office Department regulations;
and
(3) the transferor has delayed shipment or delivery for a period
of at least seven days following receipt of the notification of the
acceptance or refusal of delivery of the statement.
A copy of the sworn statement and a copy of the notification to the
local law enforcement officer, together with evidence of receipt or
rejection of that notification shall be retained by the licensee as a
part of the records required to be kept under section 923(g).
(d) It shall be unlawful for any person to sell or otherwise dispose
of any firearm or ammunition to any person knowing or having reasonable
cause to believe that such person--
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been
committed to any mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as that
term is defined in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who \2\ has been discharged from the Armed Forces under
dishonorable conditions;
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\2\ So in original. The word ``who'' probably should not appear.
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(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or engaging in
other conduct that would place an intimate partner in reasonable
fear of bodily injury to the partner or child, except that this
paragraph shall only apply to a court order that--
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of
domestic violence.
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 925 of this chapter is not precluded from
dealing in firearms or ammunition, or to a person who has been granted
relief from disabilities pursuant to subsection (c) of section 925 of
this chapter.
(e) It shall be unlawful for any person knowingly to deliver or
cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce, to persons
other than licensed importers, licensed manufacturers, licensed dealers,
or licensed collectors, any package or other container in which there is
any firearm or ammunition without written notice to the carrier that
such firearm or ammunition is being transported or shipped; except that
any passenger who owns or legally possesses a firearm or ammunition
being transported aboard any common or contract carrier for movement
with the passenger in interstate or foreign commerce may deliver said
firearm or ammunition into the custody of the pilot, captain, conductor
or operator of such common or contract carrier for the duration of the
trip without violating any of the provisions of this chapter. No common
or contract carrier shall require or cause any label, tag, or other
written notice to be placed on the outside of any package, luggage, or
other container that such package, luggage, or other container contains
a firearm.
(f)(1) It shall be unlawful for any common or contract carrier to
transport or deliver in interstate or foreign commerce any firearm or
ammunition with knowledge or reasonable cause to believe that the
shipment, transportation, or receipt thereof would be in violation of
the provisions of this chapter.
(2) It shall be unlawful for any common or contract carrier to
deliver in interstate or foreign commerce any firearm without obtaining
written acknowledgement of receipt from the recipient of the package or
other container in which there is a firearm.
(g) It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has
been committed to a mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as that
term is defined in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) who is subject to a court order that--
(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;
(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and
(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime
of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or
affecting commerce, any firearm or ammunition; or to receive any firearm
or ammunition which has been shipped or transported in interstate or
foreign commerce.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person described
in any paragraph of subsection (g) of this section, in the course of
such employment--
(1) to receive, possess, or transport any firearm or ammunition
in or affecting interstate or foreign commerce; or
(2) to receive any firearm or ammunition which has been shipped
or transported in interstate or foreign commerce.
(i) It shall be unlawful for any person to transport or ship in
interstate or foreign commerce, any stolen firearm or stolen ammunition,
knowing or having reasonable cause to believe that the firearm or
ammunition was stolen.
(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm or stolen
ammunition, or pledge or accept as security for a loan any stolen
firearm or stolen ammunition, which is moving as, which is a part of,
which constitutes, or which has been shipped or transported in,
interstate or foreign commerce, either before or after it was stolen,
knowing or having reasonable cause to believe that the firearm or
ammunition was stolen.
(k) It shall be unlawful for any person knowingly to transport,
ship, or receive, in interstate or foreign commerce, any firearm which
has had the importer's or manufacturer's serial number removed,
obliterated, or altered or to possess or receive any firearm which has
had the importer's or manufacturer's serial number removed, obliterated,
or altered and has, at any time, been shipped or transported in
interstate or foreign commerce.
(l) Except as provided in section 925(d) of this chapter, it shall
be unlawful for any person knowingly to import or bring into the United
States or any possession thereof any firearm or ammunition; and it shall
be unlawful for any person knowingly to receive any firearm or
ammunition which has been imported or brought into the United States or
any possession thereof in violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly to make
any false entry in, to fail to make appropriate entry in, or to fail to
properly maintain, any record which he is required to keep pursuant to
section 923 of this chapter or regulations promulgated thereunder.
(n) It shall be unlawful for any person who is under indictment for
a crime punishable by imprisonment for a term exceeding one year to ship
or transport in interstate or foreign commerce any firearm or ammunition
or receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.
(o)(1) Except as provided in paragraph (2), it shall be unlawful for
any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to--
(A) a transfer to or by, or possession by or under the authority
of, the United States or any department or agency thereof or a
State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun
that was lawfully possessed before the date this subsection takes
effect.
(p)(1) It shall be unlawful for any person to manufacture, import,
sell, ship, deliver, possess, transfer, or receive any firearm--
(A) that, after removal of grips, stocks, and magazines, is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security Exemplar;
or
(B) any major component of which, when subjected to inspection
by the types of x-ray machines commonly used at airports, does not
generate an image that accurately depicts the shape of the
component. Barium sulfate or other compounds may be used in the
fabrication of the component.
(2) For purposes of this subsection--
(A) the term ``firearm'' does not include the frame or receiver
of any such weapon;
(B) the term ``major component'' means, with respect to a
firearm, the barrel, the slide or cylinder, or the frame or receiver
of the firearm; and
(C) the term ``Security Exemplar'' means an object, to be
fabricated at the direction of the Attorney General, that is--
(i) constructed of, during the 12-month period beginning on
the date of the enactment of this subsection, 3.7 ounces of
material type 17-4 PH stainless steel in a shape resembling a
handgun; and
(ii) suitable for testing and calibrating metal detectors:
Provided, however, That at the close of such 12-month period, and at
appropriate times thereafter the Attorney General shall promulgate
regulations to permit the manufacture, importation, sale, shipment,
delivery, possession, transfer, or receipt of firearms previously
prohibited under this subparagraph that are as detectable as a
``Security Exemplar'' which contains 3.7 ounces of material type 17-
4 PH stainless steel, in a shape resembling a handgun, or such
lesser amount as is detectable in view of advances in state-of-the-
art developments in weapons detection technology.
(3) Under such rules and regulations as the Attorney General shall
prescribe, this subsection shall not apply to the manufacture,
possession, transfer, receipt, shipment, or delivery of a firearm by a
licensed manufacturer or any person acting pursuant to a contract with a
licensed manufacturer, for the purpose of examining and testing such
firearm to determine whether paragraph (1) applies to such firearm. The
Attorney General shall ensure that rules and regulations adopted
pursuant to this paragraph do not impair the manufacture of prototype
firearms or the development of new technology.
(4) The Attorney General shall permit the conditional importation of
a firearm by a licensed importer or licensed manufacturer, for
examination and testing to determine whether or not the unconditional
importation of such firearm would violate this subsection.
(5) This subsection shall not apply to any firearm which--
(A) has been certified by the Secretary of Defense or the
Director of Central Intelligence, after consultation with the
Attorney General and the Administrator of the Federal Aviation
Administration, as necessary for military or intelligence
applications; and
(B) is manufactured for and sold exclusively to military or
intelligence agencies of the United States.
(6) This subsection shall not apply with respect to any firearm
manufactured in, imported into, or possessed in the United States before
the date of the enactment of the Undetectable Firearms Act of 1988.
(q)(1) The Congress finds and declares that--
(A) crime, particularly crime involving drugs and guns, is a
pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate
movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce
and have been found in increasing numbers in and around schools, as
documented in numerous hearings in both the Committee on the
Judiciary \3\ the House of Representatives and the Committee on the
Judiciary of the Senate;
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\3\ So in original. Probably should be followed by ``of''.
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(D) in fact, even before the sale of a firearm, the gun, its
component parts, ammunition, and the raw materials from which they
are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary
citizens and foreign visitors may fear to travel to or through
certain parts of the country due to concern about violent crime and
gun violence, and parents may decline to send their children to
school for the same reason;
(F) the occurrence of violent crime in school zones has resulted
in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse
impact on interstate commerce and the foreign commerce of the United
States;
(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves--even States,
localities, and school systems that have made strong efforts to
prevent, detect, and punish gun-related crime find their efforts
unavailing due in part to the failure or inability of other States
or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce
clause and other provisions of the Constitution, to enact measures
to ensure the integrity and safety of the Nation's schools by
enactment of this subsection.
(2)(A) It shall be unlawful for any individual knowingly to possess
a firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the individual knows, or has reasonable
cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm--
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a political
subdivision of the State, and the law of the State or political
subdivision requires that, before an individual obtains such a
license, the law enforcement authorities of the State or political
subdivision verify that the individual is qualified under law to
receive the license;
(iii) that is--
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that
is on a motor vehicle;
(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be unlawful
for any person, knowingly or with reckless disregard for the safety of
another, to discharge or attempt to discharge a firearm that has moved
in or that otherwise affects interstate or foreign commerce at a place
that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm--
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school
zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered
into between a school in a school zone and the individual or an
employer of the individual; or
(iv) by a law enforcement officer acting in his or her official
capacity.
(4) Nothing in this subsection shall be construed as preempting or
preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.
(r) It shall be unlawful for any person to assemble from imported
parts any semiautomatic rifle or any shotgun which is identical to any
rifle or shotgun prohibited from importation under section 925(d)(3) of
this chapter as not being particularly suitable for or readily adaptable
to sporting purposes except that this subsection shall not apply to--
(1) the assembly of any such rifle or shotgun for sale or
distribution by a licensed manufacturer to the United States or any
department or agency thereof or to any State or any department,
agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes
of testing or experimentation authorized by the Attorney General.
(s)(1) Beginning on the date that is 90 days after the date of
enactment of this subsection and ending on the day before the date that
is 60 months after such date of enactment, it shall be unlawful for any
licensed importer, licensed manufacturer, or licensed dealer to sell,
deliver, or transfer a handgun (other than the return of a handgun to
the person from whom it was received) to an individual who is not
licensed under section 923, unless--
(A) after the most recent proposal of such transfer by the
transferee--
(i) the transferor has--
(I) received from the transferee a statement of the
transferee containing the information described in paragraph
(3);
(II) verified the identity of the transferee by
examining the identification document presented;
(III) within 1 day after the transferee furnishes the
statement, provided notice of the contents of the statement
to the chief law enforcement officer of the place of
residence of the transferee; and
(IV) within 1 day after the transferee furnishes the
statement, transmitted a copy of the statement to the chief
law enforcement officer of the place of residence of the
transferee; and
(ii)(I) 5 business days (meaning days on which State offices
are open) have elapsed from the date the transferor furnished
notice of the contents of the statement to the chief law
enforcement officer, during which period the transferor has not
received information from the chief law enforcement officer that
receipt or possession of the handgun by the transferee would be
in violation of Federal, State, or local law; or
(II) the transferor has received notice from the chief law
enforcement officer that the officer has no information
indicating that receipt or possession of the handgun by the
transferee would violate Federal, State, or local law;
(B) the transferee has presented to the transferor a written
statement, issued by the chief law enforcement officer of the place
of residence of the transferee during the 10-day period ending on
the date of the most recent proposal of such transfer by the
transferee, stating that the transferee requires access to a handgun
because of a threat to the life of the transferee or of any member
of the household of the transferee;
(C)(i) the transferee has presented to the transferor a permit
that--
(I) allows the transferee to possess or acquire a handgun;
and
(II) was issued not more than 5 years earlier by the State
in which the transfer is to take place; and
(ii) the law of the State provides that such a permit is to be
issued only after an authorized government official has verified
that the information available to such official does not indicate
that possession of a handgun by the transferee would be in violation
of the law;
(D) the law of the State requires that, before any licensed
importer, licensed manufacturer, or licensed dealer completes the
transfer of a handgun to an individual who is not licensed under
section 923, an authorized government official verify that the
information available to such official does not indicate that
possession of a handgun by the transferee would be in violation of
law;
(E) the Attorney General has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
(F) on application of the transferor, the Attorney General has
certified that compliance with subparagraph (A)(i)(III) is
impracticable because--
(i) the ratio of the number of law enforcement officers of
the State in which the transfer is to occur to the number of
square miles of land area of the State does not exceed 0.0025;
(ii) the business premises of the transferor at which the
transfer is to occur are extremely remote in relation to the
chief law enforcement officer; and
(iii) there is an absence of telecommunications facilities
in the geographical area in which the business premises are
located.
(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a
reasonable effort to ascertain within 5 business days whether receipt or
possession would be in violation of the law, including research in
whatever State and local recordkeeping systems are available and in a
national system designated by the Attorney General.
(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
(A) the name, address, and date of birth appearing on a valid
identification document (as defined in section 1028(d)(1) \4\) of
the transferee containing a photograph of the transferee and a
description of the identification used;
---------------------------------------------------------------------------
\4\ See References in Text note below.
---------------------------------------------------------------------------
(B) a statement that the transferee--
(i) is not under indictment for, and has not been convicted
in any court of, a crime punishable by imprisonment for a term
exceeding 1 year, and has not been convicted in any court of a
misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act);
(iv) has not been adjudicated as a mental defective or been
committed to a mental institution;
(v) is not an alien who--
(I) is illegally or unlawfully in the United States; or
(II) subject to subsection (y)(2), has been admitted to
the United States under a nonimmigrant visa (as that term is
defined in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(vi) has not been discharged from the Armed Forces under
dishonorable conditions; and
(vii) is not a person who, having been a citizen of the
United States, has renounced such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a handgun from
the transferor.
(4) Any transferor of a handgun who, after such transfer, receives a
report from a chief law enforcement officer containing information that
receipt or possession of the handgun by the transferee violates Federal,
State, or local law shall, within 1 business day after receipt of such
request, communicate any information related to the transfer that the
transferor has about the transfer and the transferee to--
(A) the chief law enforcement officer of the place of business
of the transferor; and
(B) the chief law enforcement officer of the place of residence
of the transferee.
(5) Any transferor who receives information, not otherwise available
to the public, in a report under this subsection shall not disclose such
information except to the transferee, to law enforcement authorities, or
pursuant to the direction of a court of law.
(6)(A) Any transferor who sells, delivers, or otherwise transfers a
handgun to a transferee shall retain the copy of the statement of the
transferee with respect to the handgun transaction, and shall retain
evidence that the transferor has complied with subclauses (III) and (IV)
of paragraph (1)(A)(i) with respect to the statement.
(B) Unless the chief law enforcement officer to whom a statement is
transmitted under paragraph (1)(A)(i)(IV) determines that a transaction
would violate Federal, State, or local law--
(i) the officer shall, within 20 business days after the date
the transferee made the statement on the basis of which the notice
was provided, destroy the statement, any record containing
information derived from the statement, and any record created as a
result of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall not be
conveyed to any person except a person who has a need to know in
order to carry out this subsection; and
(iii) the information contained in the statement shall not be
used for any purpose other than to carry out this subsection.
(C) If a chief law enforcement officer determines that an individual
is ineligible to receive a handgun and the individual requests the
officer to provide the reason for such determination, the officer shall
provide such reasons to the individual in writing within 20 business
days after receipt of the request.
(7) A chief law enforcement officer or other person responsible for
providing criminal history background information pursuant to this
subsection shall not be liable in an action at law for damages--
(A) for failure to prevent the sale or transfer of a handgun to
a person whose receipt or possession of the handgun is unlawful
under this section; or
(B) for preventing such a sale or transfer to a person who may
lawfully receive or possess a handgun.
(8) For purposes of this subsection, the term ``chief law
enforcement officer'' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.
(9) The Attorney General shall take necessary actions to ensure that
the provisions of this subsection are published and disseminated to
licensed dealers, law enforcement officials, and the public.
(t)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 103(d) of the Brady Handgun
Violence Prevention Act that the national instant criminal background
check system is established, a licensed importer, licensed manufacturer,
or licensed dealer shall not transfer a firearm to any other person who
is not licensed under this chapter, unless--
(A) before the completion of the transfer, the licensee contacts
the national instant criminal background check system established
under section 103 of that Act;
(B)(i) the system provides the licensee with a unique
identification number; or
(ii) 3 business days (meaning a day on which State offices are
open) have elapsed since the licensee contacted the system, and the
system has not notified the licensee that the receipt of a firearm
by such other person would violate subsection (g) or (n) of this
section; and
(C) the transferor has verified the identity of the transferee
by examining a valid identification document (as defined in section
1028(d) of this title) of the transferee containing a photograph of
the transferee.
(2) If receipt of a firearm would not violate subsection (g) or (n)
or State law, the system shall--
(A) assign a unique identification number to the transfer;
(B) provide the licensee with the number; and
(C) destroy all records of the system with respect to the call
(other than the identifying number and the date the number was
assigned) and all records of the system relating to the person or
the transfer.
(3) Paragraph (1) shall not apply to a firearm transfer between a
licensee and another person if--
(A)(i) such other person has presented to the licensee a permit
that--
(I) allows such other person to possess or acquire a
firearm; and
(II) was issued not more than 5 years earlier by the State
in which the transfer is to take place; and
(ii) the law of the State provides that such a permit is to be
issued only after an authorized government official has verified
that the information available to such official does not indicate
that possession of a firearm by such other person would be in
violation of law;
(B) the Attorney General has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
(C) on application of the transferor, the Attorney General has
certified that compliance with paragraph (1)(A) is impracticable
because--
(i) the ratio of the number of law enforcement officers of
the State in which the transfer is to occur to the number of
square miles of land area of the State does not exceed 0.0025;
(ii) the business premises of the licensee at which the
transfer is to occur are extremely remote in relation to the
chief law enforcement officer (as defined in subsection (s)(8));
and
(iii) there is an absence of telecommunications facilities
in the geographical area in which the business premises are
located.
(4) If the national instant criminal background check system
notifies the licensee that the information available to the system does
not demonstrate that the receipt of a firearm by such other person would
violate subsection (g) or (n) or State law, and the licensee transfers a
firearm to such other person, the licensee shall include in the record
of the transfer the unique identification number provided by the system
with respect to the transfer.
(5) If the licensee knowingly transfers a firearm to such other
person and knowingly fails to comply with paragraph (1) of this
subsection with respect to the transfer and, at the time such other
person most recently proposed the transfer, the national instant
criminal background check system was operating and information was
available to the system demonstrating that receipt of a firearm by such
other person would violate subsection (g) or (n) of this section or
State law, the Attorney General may, after notice and opportunity for a
hearing, suspend for not more than 6 months or revoke any license issued
to the licensee under section 923, and may impose on the licensee a
civil fine of not more than $5,000.
(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal background check
system shall be liable in an action at law for damages--
(A) for failure to prevent the sale or transfer of a firearm to
a person whose receipt or possession of the firearm is unlawful
under this section; or
(B) for preventing such a sale or transfer to a person who may
lawfully receive or possess a firearm.
(u) It shall be unlawful for a person to steal or unlawfully take or
carry away from the person or the premises of a person who is licensed
to engage in the business of importing, manufacturing, or dealing in
firearms, any firearm in the licensee's business inventory that has been
shipped or transported in interstate or foreign commerce.
[(v), (w) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2), Sept.
13, 1994, 108 Stat. 2000.]
(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to--
(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or ammunition by a
juvenile if the handgun and ammunition are possessed and used by the
juvenile--
(i) in the course of employment, in the course of ranching
or farming related to activities at the residence of the
juvenile (or on property used for ranching or farming at which
the juvenile, with the permission of the property owner or
lessee, is performing activities related to the operation of the
farm or ranch), target practice, hunting, or a course of
instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile's parent
or guardian who is not prohibited by Federal, State, or local
law from possessing a firearm, except--
(I) during transportation by the juvenile of an unloaded
handgun in a locked container directly from the place of
transfer to a place at which an activity described in clause
(i) is to take place and transportation by the juvenile of
that handgun, unloaded and in a locked container, directly
from the place at which such an activity took place to the
transferor; or
(II) with respect to ranching or farming activities as
described in clause (i), a juvenile may possess and use a
handgun or ammunition with the prior written approval of the
juvenile's parent or legal guardian and at the direction of
an adult who is not prohibited by Federal, State or local
law from possessing a firearm;
(iii) the juvenile has the prior written consent in the
juvenile's possession at all times when a handgun is in the
possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United
States or the National Guard who possesses or is armed with a
handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a
handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile
taken in defense of the juvenile or other persons against an
intruder into the residence of the juvenile or a residence in which
the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred
to a juvenile in circumstances in which the transferor is not in
violation of this subsection shall not be subject to permanent
confiscation by the Government if its possession by the juvenile
subsequently becomes unlawful because of the conduct of the juvenile,
but shall be returned to the lawful owner when such handgun or
ammunition is no longer required by the Government for the purposes of
investigation or prosecution.
(5) For purposes of this subsection, the term ``juvenile'' means a
person who is less than 18 years of age.
(6)(A) In a prosecution of a violation of this subsection, the court
shall require the presence of a juvenile defendant's parent or legal
guardian at all proceedings.
(B) The court may use the contempt power to enforce subparagraph
(A).
(C) The court may excuse attendance of a parent or legal guardian of
a juvenile defendant at a proceeding in a prosecution of a violation of
this subsection for good cause shown.
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
(1) Definitions.--In this subsection--
(A) the term ``alien'' has the same meaning as in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)); and
(B) the term ``nonimmigrant visa'' has the same meaning as
in section 101(a)(26) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(26)).
(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
admitted to the United States under a nonimmigrant visa, if that
alien is--
(A) admitted to the United States for lawful hunting or
sporting purposes or is in possession of a hunting license or
permit lawfully issued in the United States;
(B) an official representative of a foreign government who
is--
(i) accredited to the United States Government or the
Government's mission to an international organization having
its headquarters in the United States; or
(ii) en route to or from another country to which that
alien is accredited;
(C) an official of a foreign government or a distinguished
foreign visitor who has been so designated by the Department of
State; or
(D) a foreign law enforcement officer of a friendly foreign
government entering the United States on official law
enforcement business.
(3) Waiver.--
(A) Conditions for waiver.--Any individual who has been
admitted to the United States under a nonimmigrant visa may
receive a waiver from the requirements of subsection (g)(5),
if--
(i) the individual submits to the Attorney General a
petition that meets the requirements of subparagraph (C);
and
(ii) the Attorney General approves the petition.
(B) Petition.--Each petition under subparagraph (B) shall--
(i) demonstrate that the petitioner has resided in the
United States for a continuous period of not less than 180
days before the date on which the petition is submitted
under this paragraph; and
(ii) include a written statement from the embassy or
consulate of the petitioner, authorizing the petitioner to
acquire a firearm or ammunition and certifying that the
alien would not, absent the application of subsection
(g)(5)(B), otherwise be prohibited from such acquisition
under subsection (g).
(C) Approval of petition.--The Attorney General shall
approve a petition submitted in accordance with this paragraph,
if the Attorney General determines 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.
(z) Secure Gun Storage or Safety Device.--
(1) In general.--Except as provided under paragraph (2), it
shall be unlawful for any licensed importer, licensed manufacturer,
or licensed dealer to sell, deliver, or transfer any handgun to any
person other than any person licensed under this chapter, unless the
transferee is provided with a secure gun storage or safety device
(as defined in section 921(a)(34)) for that handgun.
(2) Exceptions.--Paragraph (1) shall not apply to--
(A)(i) the manufacture for, transfer to, or possession by,
the United States, a department or agency of the United States,
a State, or a department, agency, or political subdivision of a
State, of a handgun; or
(ii) the transfer to, or possession by, a law enforcement
officer employed by an entity referred to in clause (i) of a
handgun for law enforcement purposes (whether on or off duty);
or
(B) the transfer to, or possession by, a rail police officer
employed by a rail carrier and certified or commissioned as a
police officer under the laws of a State of a handgun for
purposes of law enforcement (whether on or off duty);
(C) the transfer to any person of a handgun listed as a
curio or relic by the Secretary pursuant to section 921(a)(13);
or
(D) the transfer to any person of a handgun for which a
secure gun storage or safety device is temporarily unavailable
for the reasons described in the exceptions stated in section
923(e), if the licensed manufacturer, licensed importer, or
licensed dealer delivers to the transferee within 10 calendar
days from the date of the delivery of the handgun to the
transferee a secure gun storage or safety device for the
handgun.
(3) Liability for use.--
(A) In general.--Notwithstanding any other provision of law,
a person who has lawful possession and control of a handgun, and
who uses a secure gun storage or safety device with the handgun,
shall be entitled to immunity from a qualified civil liability
action.
(B) Prospective actions.--A qualified civil liability action
may not be brought in any Federal or State court.
(C) Defined term.--As used in this paragraph, the term
``qualified civil liability action''--
(i) means a civil action brought by any person against a
person described in subparagraph (A) for damages resulting
from the criminal or unlawful misuse of the handgun by a
third party, if--
(I) the handgun was accessed by another person who
did not have the permission or authorization of the
person having lawful possession and control of the
handgun to have access to it; and
(II) at the time access was gained by the person not
so authorized, the handgun had been made inoperable by
use of a secure gun storage or safety device; and
(ii) shall not include an action brought against the
person having lawful possession and control of the handgun
for negligent entrustment or negligence per se.
[APPENDIX A Repealed. Pub. L. 103-322, title XI, Sec. 110105(2),
Sept. 13, 1994, 108 Stat. 2000]
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat. 228;
amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82 Stat. 1216;
Pub. L. 97-377, title I, Sec. 165(a), Dec. 21, 1982, 96 Stat. 1923; Pub.
L. 99-308, Sec. 102, May 19, 1986, 100 Stat. 451; Pub. L. 99-408,
Sec. 2, Aug. 28, 1986, 100 Stat. 920; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 100-649, Sec. 2(a), (f)(2)(A), Nov. 10,
1988, 102 Stat. 3816, 3818; Pub. L. 100-690, title VII, Sec. 7060(c),
Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101-647, title XVII,
Sec. 1702(b)(1), title XXII, Secs. 2201, 2202, 2204(b), title XXXV,
Sec. 3524, Nov. 29, 1990, 104 Stat. 4844, 4856, 4857, 4924; Pub. L. 103-
159, title I, Sec. 102(a)(1), (b), title III, Sec. 302(a)-(c), Nov. 30,
1993, 107 Stat. 1536, 1539, 1545; Pub. L. 103-322, title XI,
Secs. 110102(a), 110103(a), 110105(2), 110106, 110201(a), 110401(b),
(c), 110511, 110514, title XXXII, Secs. 320904, 320927, title XXXIII,
Sec. 330011(i), Sept. 13, 1994, 108 Stat. 1996, 1998, 2000, 2010, 2014,
2019, 2125, 2131, 2145; Pub. L. 104-208, div. A, title I, Sec. 101(f)
[title VI, Secs. 657, 658(b)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-
369, 3009-372; Pub. L. 104-294, title VI, Sec. 603(b), (c)(1), (d)-
(f)(1), (g), Oct. 11, 1996, 110 Stat. 3503, 3504; Pub. L. 105-277, div.
A, Sec. 101(b) [title I, Sec. 121], Oct. 21, 1998, 112 Stat. 2681-50,
2681-71; Pub. L. 107-273, div. B, title IV, Sec. 4003(a)(1), Nov. 2,
2002, 116 Stat. 1811; Pub. L. 107-296, title XI, Sec. 1112(f)(4), (6),
Nov. 25, 2002, 116 Stat. 2276; Pub. L. 109-92, Secs. 5(c)(1), 6(a), Oct.
26, 2005, 119 Stat. 2099, 2101.)
Amendment of Section
Pub. L. 100-649, Sec. 2(f)(2)(A), Nov. 10, 1988, 102 Stat. 3818,
as amended by Pub. L. 105-277, div. A, Sec. 101(h) [title VI,
Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528; Pub. L. 108-
174, Sec. 1(1), Dec. 9, 2003, 117 Stat. 2481, provided that,
effective 25 years after the 30th day beginning after Nov. 10, 1988,
subsection (p) of this section is repealed.
References in Text
The effective date of this chapter, referred to in subsec. (a)(3),
is December 16, 1968.
Section 5845 of the Internal Revenue Code of 1986, referred to in
subsecs. (a)(4) and (b)(4), is classified to section 5845 of Title 26,
Internal Revenue Code.
For date this subsection takes effect, referred to in subsec.
(o)(2)(B), as May 19, 1986, see Effective Date of 1986 Amendment note,
set out below.
The date of the enactment of this subsection and the date of the
enactment of the Undetectable Firearms Act of 1988, referred to in
subsec. (p)(2)(C)(i), (6), respectively, are both the date of enactment
of Pub. L. 100-649, which enacted subsec. (p) of this section and which
was approved Nov. 10, 1988.
The date of enactment of this subsection, referred to in subsec.
(s)(1), is the date of enactment of Pub. L. 103-159, which was approved
Nov. 30, 1993.
Section 5812 of the Internal Revenue Code of 1986, referred to in
subsecs. (s)(1)(E) and (t)(3)(B), is classified to section 5812 of Title
26, Internal Revenue Code.
Section 1028 of this title, referred to in subsec. (s)(3)(A), was
subsequently amended, and section 1028(d)(1) no longer defines the term
``identification document''. However, such term is defined elsewhere in
that section.
Section 102 of the Controlled Substances Act, referred to in subsec.
(s)(3)(B)(iii), is classified to section 802 of Title 21, Food and
Drugs.
Section 103 of the Brady Handgun Violence Prevention Act, referred
to in subsec. (t)(1), is section 103 of Pub. L. 103-159, which is set
out below.
Amendments
2005--Subsec. (a)(7), (8). Pub. L. 109-92, Sec. 6(a), added pars.
(7) and (8) and struck out former pars. (7) and (8) which related to
prohibitions on the manufacture, importation, sale, and delivery of
armor piercing ammunition.
Subsec. (z). Pub. L. 109-92, Sec. 5(c)(1), added subsec. (z).
2002--Subsecs. (a) to (c), (p)(2) to (4). Pub. L. 107-296,
Sec. 1112(f)(6), substituted ``Attorney General'' for ``Secretary''
wherever appearing.
Subsec. (p)(5)(A). Pub. L. 107-296, Sec. 1112(f)(4), substituted
``after consultation with the Attorney General'' for ``after
consultation with the Secretary''.
Subsecs. (r), (s). Pub. L. 107-296, Sec. 1112(f)(6), substituted
``Attorney General'' for ``Secretary'' wherever appearing.
Subsec. (t)(1)(C). Pub. L. 107-273 substituted ``1028(d)'' for
``1028(d)(1)''.
Subsecs. (t)(3), (5), (v), (w). Pub. L. 107-296, Sec. 1112(f)(6),
substituted ``Attorney General'' for ``Secretary'' wherever appearing.
1998--Subsec. (d)(5). Pub. L. 105-277, Sec. 101(b) [title I,
Sec. 121(1)], added par. (5) and struck out former par. (5) which read
as follows: ``who, being an alien, is illegally or unlawfully in the
United States;''.
Subsec. (g)(5). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 121(2)],
added par. (5) and struck out former par. (5) which read as follows:
``who, being an alien, is illegally or unlawfully in the United
States;''.
Subsec. (s)(3)(B)(v). Pub. L. 105-277, Sec. 101(b) [title I,
Sec. 121(3)], added cl. (v) and struck out former cl. (v) which read as
follows: ``is not an alien who is illegally or unlawfully in the United
States;''.
Subsec. (y). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 121(4)],
added subsec. (y).
1996--Pub. L. 104-294, Sec. 603(g), amended Appendix A by
substituting ``Uberti 1866 Sporting Rifle'' for ``Uberti 1866 Sporting
Rilfe'' in category designated ``Centerfire Rifles--Lever & Slide'',
``Sako FiberClass Sporter'' for ``Sako Fiberclass Sporter'' in category
designated ``Centerfire Rifles--Bolt Action'', ``Remington 870 SPS
Special Purpose Magnum'' for ``Remington 879 SPS Special Purpose
Magnum'' in category designated ``Shotguns--Slide Actions'', and
``E.A.A./Sabatti Falcon-Mon Over/Under'' for ``E.A.A/Sabatti Falcon-Mon
Over/Under'' in category designated ``Shotguns--Over/Unders''.
Subsec. (d)(9). Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(1)], added
par. (9).
Subsec. (g)(7). Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)(A)],
struck out ``or'' at end.
Subsec. (g)(8)(C)(ii). Pub. L. 104-294, Sec. 603(b), which directed
the amendment of cl. (ii) by substituting a semicolon for the comma at
end, could not be executed because of the prior amendment by Pub. L.
104-208, Sec. 101(f) [Sec. 658(b)(2)]. See below.
Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)(B)], substituted ``;
or'' for comma at end.
Subsec. (g)(9). Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)(C)],
added par. (9).
Subsec. (q). Pub. L. 104-208, Sec. 101(f) [title VI, Sec. 657],
amended subsec. generally, revising and restating former provisions.
Subsec. (s)(1). Pub. L. 104-294, Sec. 603(c)(1), amended directory
language of Pub. L. 103-322, Sec. 320927. See 1994 Amendment note below.
Subsec. (s)(3)(B)(i). Pub. L. 104-208, Sec. 101(f) [title VI,
Sec. 658(b)(3)], inserted ``, and has not been convicted in any court of
a misdemeanor crime of domestic violence'' before the semicolon.
Subsec. (t)(2). Pub. L. 104-294, Sec. 603(d), substituted
``subsection (g) or (n)'' for ``section 922(g) or (n)'' in introductory
provisions.
Subsec. (w)(4). Pub. L. 104-294, Sec. 603(e), substituted ``section
923(i) of this title'' for ``section 923(i) of title 18, United States
Code,''.
Subsec. (x). Pub. L. 104-294, Sec. 603(f)(1), amended directory
language of Pub. L. 103-322, Sec. 110201(a). See 1994 Amendment note
below.
1994--Pub. L. 103-322, Sec. 110106, which added Appendix A
specifying firearms that were not prohibited by subsec. (v)(1) at end of
section, was repealed by Pub. L. 103-322, Sec. 110105(2). See Effective
and Termination Dates of 1994 Amendment note below.
Subsec. (a)(9). Pub. L. 103-322, Sec. 110514, added par. (9).
Subsec. (b)(1). Pub. L. 103-322, Sec. 330011(i), amended directory
language of Pub. L. 101-647, Sec. 3524. See 1990 Amendment note below.
Subsec. (d)(8). Pub. L. 103-322, Sec. 110401(b), added par. (8).
Subsec. (g)(8). Pub. L. 103-322, Sec. 110401(c), added par. (8).
Subsec. (j). Pub. L. 103-322, Sec. 110511, amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: ``It shall
be unlawful for any person to receive, conceal, store, barter, sell, or
dispose of any stolen firearm or stolen ammunition, or pledge or accept
as security for a loan any stolen firearm or stolen ammunition, which is
moving as, which is a part of, which constitutes, or which has been
shipped or transported in, interstate or foreign commerce, knowing or
having reasonable cause to believe that the firearm or ammunition was
stolen.''
Subsec. (q). Pub. L. 103-322, Sec. 320904, added par. (1) and
redesignated former pars. (1) to (3) as (2) to (4), respectively.
Subsec. (s)(1). Pub. L. 103-322, Sec. 320927, as amended by Pub. L.
104-294, Sec. 603(c)(1), inserted ``(other than the return of a handgun
to the person from whom it was received)'' after ``handgun'' in
introductory provisions.
Subsec. (v). Pub. L. 103-322, Sec. 110102(a), which added subsec.
(v) prohibiting the manufacture, transfer, or possession of automatic
assault weapons, was repealed by Pub. L. 103-322, Sec. 110105(2). See
Effective and Termination Dates of 1994 Amendment note below.
Subsec. (w). Pub. L. 103-322, Sec. 110103(a), which added subsec.
(w) prohibiting the transfer or possession of a large capacity
ammunition feeding device, was repealed by Pub. L. 103-322,
Sec. 110105(2). See Effective and Termination Dates of 1994 Amendment
note below.
Subsec. (x). Pub. L. 103-322, Sec. 110201(a), as amended by Pub. L.
104-294, Sec. 603(f)(1), added subsec. (x).
1993--Subsec. (e). Pub. L. 103-159, Sec. 302(a), inserted at end
``No common or contract carrier shall require or cause any label, tag,
or other written notice to be placed on the outside of any package,
luggage, or other container that such package, luggage, or other
container contains a firearm.''
Subsec. (f). Pub. L. 103-159, Sec. 302(b), designated existing
provisions as par. (1) and added par. (2).
Subsec. (s). Pub. L. 103-159, Sec. 102(a)(1), added subsec. (s).
Subsec. (t). Pub. L. 103-159, Sec. 102(b), added subsec. (t).
Subsec. (u). Pub. L. 103-159, Sec. 302(c), added subsec. (u).
1990--Subsec. (a)(5). Pub. L. 101-647, Sec. 2201, substituted ``does
not reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in which the
transferor resides;'' for ``resides in any State other than that in
which the transferor resides (or other than that in which its place of
business is located if the transferor is a corporation or other business
entity);''.
Subsec. (b)(1). Pub. L. 101-647, Sec. 3524, as amended by Pub. L.
103-322, Sec. 330011(i), substituted semicolon for period at end.
Subsec. (j). Pub. L. 101-647, Sec. 2202(a), substituted ``which
constitutes, or which has been shipped or transported in'' for ``or
which constitutes''.
Subsec. (k). Pub. L. 101-647, Sec. 2202(b), inserted before period
at end ``or to possess or receive any firearm which has had the
importer's or manufacturer's serial number removed, obliterated, or
altered and has, at any time, been shipped or transported in interstate
or foreign commerce''.
Subsec. (q). Pub. L. 101-647, Sec. 1702(b)(1), added subsec. (q).
Subsec. (r). Pub. L. 101-647, Sec. 2204(b), added subsec. (r).
1988--Subsec. (g)(3). Pub. L. 100-690 inserted ``who'' before
``is''.
Subsec. (p). Pub. L. 100-649 added subsec. (p).
1986--Subsec. (a)(1). Pub. L. 99-308, Sec. 102(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``for any
person, except a licensed importer, licensed manufacturer, or licensed
dealer, to engage in the business of importing, manufacturing, or
dealing in firearms or ammunition, or in the course of such business to
ship, transport, or receive any firearm or ammunition in interstate or
foreign commerce;''
Subsec. (a)(2). Pub. L. 99-308, Sec. 102(2)(A), in provision
preceding subpar. (A) struck out ``or ammunition'' after ``any
firearm''.
Subsec. (a)(2)(A). Pub. L. 99-308, Sec. 102(2)(B), substituted
``licensed dealer, or licensed collector'' for ``or licensed dealer for
the sole purpose of repair or customizing''.
Subsec. (a)(3)(B). Pub. L. 99-308, Sec. 102(3), substituted
``firearm'' for ``rifle or shotgun'' and ``with subsection (b)(3) of
this section'' for ``with the provisions of subsection (b)(3) of this
section''.
Subsec. (a)(4). Pub. L. 99-514 substituted ``Internal Revenue Code
of 1986'' for ``Internal Revenue Code of 1954''.
Subsec. (a)(7), (8). Pub. L. 99-408 added pars. (7) and (8).
Subsec. (b)(2). Pub. L. 99-308, Sec. 102(4)(A), struck out ``or
ammunition'' after ``firearm'' in two places.
Subsec. (b)(3)(A). Pub. L. 99-308, Sec. 102(4)(B), inserted a new
cl. (A) and struck out former cl. (A) which provided that par. (3)
``shall not apply to the sale or delivery of a rifle or shotgun to a
resident of a State contiguous to the State in which the licensee's
place of business is located if the purchaser's State of residence
permits such sale or delivery by law, the sale fully complies with the
legal conditions of sale in both such contiguous States, and the
purchaser and the licensee have, prior to the sale, or delivery for
sale, of the rifle or shotgun, complied with all of the requirements of
section 922(c) applicable to intrastate transactions other than at the
licensee's business premises,''.
Subsec. (b)(3)(B), (C). Pub. L. 99-308, Sec. 102(4)(C), (D),
inserted ``and'' before ``(B)'' and struck out cl. (C), which provided
that par. (3) ``shall not preclude any person who is participating in
any organized rifle or shotgun match or contest, or is engaged in
hunting, in a State other than his State of residence and whose rifle or
shotgun has been lost or stolen or has become inoperative in such other
State, from purchasing a rifle or shotgun in such other State from a
licensed dealer if such person presents to such dealer a sworn statement
(i) that his rifle or shotgun was lost or stolen or became inoperative
while participating in such a match or contest, or while engaged in
hunting, in such other State, and (ii) identifying the chief law
enforcement officer of the locality in which such person resides, to
whom such licensed dealer shall forward such statement by registered
mail''.
Subsec. (b)(4). Pub. L. 99-514 substituted ``Internal Revenue Code
of 1986'' for ``Internal Revenue Code of 1954''.
Subsec. (b)(5). Pub. L. 99-308, Sec. 102(4)(E), substituted ``or
armor-piercing ammunition'' for ``or ammunition except .22 caliber
rimfire ammunition''.
Subsec. (d). Pub. L. 99-308, Sec. 102(5)(A), substituted ``person''
for ``licensed importer, licensed manufacturer, licensed dealer, or
licensed collector'' in provision preceding par. (1).
Subsec. (d)(3). Pub. L. 99-308, Sec. 102(5)(B), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``is an
unlawful user of or addicted to marihuana or any depressant or stimulant
drug (as defined in section 201(v) of the Federal Food, Drug, and
Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the
Internal Revenue Code of 1954); or''.
Subsec. (d)(5) to (7). Pub. L. 99-308, Sec. 102(5)(C), (D), added
pars. (5) to (7).
Subsec. (g). Pub. L. 99-308, Sec. 102(6)(D), in concluding provision
substituted ``in interstate or foreign commerce, or possess in or
affecting commerce, any firearm or ammunition; or to receive any firearm
or ammunition which has been shipped or transported in interstate or
foreign commerce'' for ``any firearm or ammunition in interstate or
foreign commerce''.
Subsec. (g)(1). Pub. L. 99-308, Sec. 102(6)(A), struck out ``is
under indictment for, or who'' after ``who''.
Subsec. (g)(3). Pub. L. 99-308, Sec. 102(6)(B), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``who is an
unlawful user of or addicted to marihuana or any depressant or stimulant
drug (as defined in section 201(v) of the Federal Food, Drug, and
Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the
Internal Revenue Code of 1954); or''.
Subsec. (g)(5) to (7). Pub. L. 99-308, Sec. 102(6)(C), added pars.
(5) to (7).
Subsec. (h). Pub. L. 99-308, Sec. 102(7), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ``It shall
be unlawful for any person--
``(1) who is under indictment for, or who has been convicted in
any court of, a crime punishable by imprisonment for a term
exceeding one year;
``(2) who is a fugitive from justice;
``(3) who is an unlawful user of or addicted to marihuana or any
depressant or stimulant drug (as defined in section 201(v) of the
Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined
in section 4731(a) of the Internal Revenue Code of 1954); or
``(4) who has been adjudicated as a mental defective or who has
been committed to any mental institution;
to receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.''
Subsec. (n). Pub. L. 99-308, Sec. 102(8), added subsec. (n).
Subsec. (o). Pub. L. 99-308, Sec. 102(9), added subsec. (o).
1982--Subsec. (b)(5). Pub. L. 97-377 inserted ``except .22 caliber
rimfire ammunition'' after ``or ammunition''.
1968--Subsec. (a)(1). Pub. L. 90-618 reenacted par. (1) without
change.
Subsec. (a)(2). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees subject to the provisions of this chapter,
struck out exemption for the shipment or transportation in interstate or
foreign commerce for rifles or shotguns, and inserted exemption
authorizing an individual to mail a lawfully owned firearm to the
specified licensees for the sole purpose of repair or customizing.
Subsec. (a)(3). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees, struck out exemption for shotguns or
rifles purchased or otherwise obtained outside the state of residence of
the recipient, struck out provision making it unlawful for any person to
purchase or otherwise obtain outside his state of residence any firearm
which it would be unlawful for him to purchase or possess in that state,
and provided for exemptions when any person outside of his state of
residence acquires a firearm by bequest or interstate succession and
transports the firearm or otherwise receives it in his state of
residence, if it is lawful for such person to purchase or possess such
firearm in his state of residence, when a rifle or shotgun is obtained
in conformity with the provisions of subsec. (b)(3) of this section, and
when any firearm has been acquired in any state prior to the effective
date of this chapter.
Subsec. (a)(4). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees, and provided that the transporting of the
specified articles be authorized by the Secretary when consistent with
public safety and necessity.
Subsec. (a)(5). Pub. L. 90-618 added licensed collectors to the
enumerated list of exempted licensees, prohibited the transfer, etc., of
any firearm when the transferor has reasonable cause to believe that the
transferee resides in a State other than that in which the transferor
resides, and substituted provisions which exempted the transfer,
transportation, or delivery of firearms incident to a bequest or
intestate succession and the loan or rental of firearms to any person
for temporary use for lawful sporting purposes for provisions which
exempted the transfer of shotguns or rifles and prohibited the transfer,
etc., of any firearm which the transferee could not lawfully purchase or
possess in accord with the applicable laws, regulations or ordinances of
the state or political subdivision in which the transferee resides.
Subsec. (a)(6). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees, and extended the provisions to include the
acquisition or attempted acquisition of ammunition.
Subsec. (b). Pub. L. 90-618, in provision preceding par. (1), added
licensed collectors to the enumerated list of licensees.
Subsec. (b)(1). Pub. L. 90-618 substituted provisions making it
unlawful to sell or deliver any firearm or ammunition to any individual
who the licensee knows or has reasonable cause to believe is less than
18, and to sell or deliver any firearm, other than a rifle or shotgun,
or ammunition, other than ammunition for a rifle or shotgun, to any
individual who the licensee knows or has reasonable cause to believe is
less than 21, for provisions making it unlawful to sell or deliver any
firearm to any individual who the licensee knows or has reasonable cause
to believe is less than 21, if the firearm is other than a shotgun or
rifle.
Subsec. (b)(2). Pub. L. 90-618 extended the prohibition to include
the sale or delivery of ammunition to any person where the purchase or
possession by such person of such ammunition would be unlawful, and
struck out ``or in the locality in which such person resides'' after
``or other disposition,''.
Subsec. (b)(3). Pub. L. 90-618 inserted the exemptions to the
prohibition against the sale or delivery of any firearm to any person
who the licensee knows or has reasonable cause to believe does not
reside in the state in which the licensee's place of business is
located.
Subsec. (b)(4). Pub. L. 90-618 substituted provisions making it
unlawful to sell or deliver any of the specified articles, except as
specifically authorized by the Secretary as consistent with public
safety and necessity, for provisions making it unlawful to sell or
deliver any of the specified articles, unless the transferor has
obtained a sworn statement executed by the principal law enforcement
officer of the locality in which the transferee resides stating that
such person's receipt or possession would not be unlawful, and that the
receipt or possession is intended for lawful purposes, with such sworn
statement to be retained by the licensee as part of the records required
to be kept under this chapter.
Subsec. (b)(5). Pub. L. 90-618 extended the prohibition to include
the sale or delivery of ammunition and, in the material following
subsec. (b)(5), added licensed collectors to the enumerated list of
licensees, and the provision that subsec. (b)(4) shall not apply to a
sale or delivery to any research organization designated by the
Secretary.
Subsecs. (c), (d). Pub. L. 90-618 added subsec. (c), redesignated
former subsec. (c) as (d), added licensed collectors to the enumerated
list of licensees, extended the prohibition against disposal of firearms
or ammunition to include the disposal by any person who is an unlawful
user of or addicted to marihuana or any depressant, stimulant, or
narcotic drug, or any person who has been adjudicated a mental defective
or has been committed to any mental institution, and inserted ``or
ammunition'' after ``the sale or disposition of a firearm''. Former
subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 90-618 added subsec. (e). Former subsec. (e)
redesignated (g).
Subsec. (f). Pub. L. 90-618 redesignated former subsec. (d) as (f)
and extended the prohibition against transportation or delivery to
include ammunition. Former subsec. (f) redesignated (h).
Subsec. (g). Pub. L. 90-618 redesignated former subsec. (e) as (g)
and extended the prohibition against the shipment or transportation of
firearms or ammunition to include the shipment or transportation by any
persons who is an unlawful user of or addicted to marihuana or any
depressant, stimulant, or narcotic drug, or any person who has been
adjudicated a mental defective or has been committed to a mental
institution. Former subsec. (g) redesignated (i).
Subsec. (h). Pub. L. 90-618 redesignated former subsec. (f) as (h)
and extended the prohibition against the receipt of any firearms or
ammunition to include the receipt by any person who is an unlawful user
of or addicted to marihuana or any depressant, stimulant, or narcotic
drug, or any person who has been adjudicated a mental defective or has
been committed to any mental institution. Former subsec. (h)
redesignated (j).
Subsec. (i). Pub. L. 90-618 redesignated former subsec. (g) as (i)
and substituted ``that the firearm or ammunition was'' for ``the same to
have been''. Former subsec. (i) redesignated (k).
Subsec. (j). Pub. L. 90-618 redesignated former subsec. (h) as (j)
and substituted ``which is moving as, which is a part of,'' for ``moving
as or which is a part of'' and ``that the firearm or ammunition was''
for ``the same to have been''. Former subsec. (j) redesignated (l).
Subsec. (k). Pub. L. 90-618 redesignated former subsec. (i) as (k).
Former subsec. (k) redesignated (m).
Subsec. (l). Pub. L. 90-618 redesignated former subsec. (j) as (l).
Subsec. (m). Pub. L. 90-618 redesignated former subsec. (k) as (m)
and added licensed collectors to the enumerated list of licensees.
Change of Name
Reference to the Director of Central Intelligence or the Director of
the Central Intelligence Agency in the Director's capacity as the head
of the intelligence community deemed to be a reference to the Director
of National Intelligence. Reference to the Director of Central
Intelligence or the Director of the Central Intelligence Agency in the
Director's capacity as the head of the Central Intelligence Agency
deemed to be a reference to the Director of the Central Intelligence
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note
under section 401 of Title 50, War and National Defense.
Post Office Department, referred to in subsec. (c)(2), redesignated
United States Postal Service pursuant to Pub. L. 91-375, Sec. 6(o), Aug.
12, 1970, 84 Stat. 733, set out as a note preceding section 101 of Title
39, Postal Service.
Effective Date of 2005 Amendment
Pub. L. 109-92, Sec. 5(d), Oct. 26, 2005, 119 Stat. 2101, provided
that: ``This section [amending this section and section 924 of this
title and enacting provisions set out as notes under this section and
section 921 of this title] and the amendments made by this section shall
take effect 180 days after the date of enactment of this Act [Oct. 26,
2005].''
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 1996 Amendment
Section 603(c)(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 section 320927 of the Act referred to
in paragraph (1) [Pub. L. 103-322] on the date of the enactment of such
Act [Sept. 13, 1994].''
Section 603(f)(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 section 110201 of the Act referred to
in paragraph (1) [Pub. L. 103-322] on the date of the enactment of such
Act [Sept. 13, 1994].''
Section 603(i)(2) of Pub. L. 104-294 provided that: ``The amendment
made by paragraph (1) [amending section 210603(b) of Pub. L. 103-322,
which amended sections 103(k) and 106(b)(2) of Pub. L. 103-159, set out
as notes below] shall take effect as if the amendment had been included
in section 210603(b) of the Act referred to in paragraph (1) [Pub. L.
103-322] on the date of the enactment of such Act [Sept. 13, 1994].''
Effective and Termination Dates of 1994 Amendment
Amendment by sections 110102(a), 110103(a), and 110106 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 3524
of Pub. L. 101-647 took effect.
Effective Date of 1990 Amendment
Amendment by section 1702(b)(1) of Pub. L. 101-647 applicable to
conduct engaged in after the end of the 60-day period beginning on Nov.
29, 1990, see section 1702(b)(4) of Pub. L. 101-647, set out as a note
under section 921 of this title.
Effective Date of 1988 Amendment; Sunset Provision
Pub. L. 100-649, Sec. 2(f), Nov. 10, 1988, 102 Stat. 3818, as
amended by Pub. L. 101-647, title XXXV, Sec. 3526(b), Nov. 29, 1990, 104
Stat. 4924; Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 649],
Oct. 21, 1998, 112 Stat. 2681-480, 2681-528; Pub. L. 108-174, Sec. 1,
Dec. 9, 2003, 117 Stat. 2481, provided that:
``(1) Effective date.--This Act and the amendments made by this Act
[amending this section and sections 924 and 925 of this title and
enacting provisions set out as notes under this section, section 921 of
this title, and section 1356 of former Title 49, Transportation] shall
take effect on the 30th day beginning after the date of the enactment of
this Act [Nov. 10, 1988].
``(2) Sunset.--Effective 25 years after the effective date of this
Act--
``(A) subsection (p) of section 922 of title 18, United States
Code, is hereby repealed;
``(B) subsection (f) of section 924 of such title is hereby
repealed and subsections (g) through (o) of such section are hereby
redesignated as subsections (f) through (n), respectively;
``(C) subsection (f) of section 925 of such title is hereby
repealed;
``(D) section 924(a)(1) of such title is amended by striking
`this subsection, subsection (b), (c), or (f) of this section, or in
section 929' and inserting `this chapter'; and
``(E) section 925(a) of such title is amended--
``(i) in paragraph (1), by striking `and provisions relating
to firearms subject to the prohibitions of section 922(p)'; and
``(ii) in paragraph (2), by striking `, except for
provisions relating to firearms subject to the prohibitions of
section 922(p),'; and
``(iii) in each of paragraphs (3) and (4), by striking
`except for provisions relating to firearms subject to the
prohibitions of section 922(p),'.''
Effective Date of 1986 Amendment
Amendment by section 102(1)-(8) of Pub. L. 99-308 effective 180 days
after May 19, 1986, and amendment by section 102(9) of Pub. L. 99-308
effective May 19, 1986, see section 110(a), (c) 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, except subsec.
(l) effective Oct. 22, 1968, see section 105 of Pub. L. 90-618, set out
as a note under section 921 of this title.
Purposes
Pub. L. 109-92, Sec. 5(b), Oct. 26, 2005, 119 Stat. 2099, provided
that: ``The purposes of this section [amending this section and section
924 of this title and enacting provisions set out as notes under this
section and section 921 of this title] are--
``(1) to promote the safe storage and use of handguns by
consumers;
``(2) to prevent unauthorized persons from gaining access to or
use of a handgun, including children who may not be in possession of
a handgun; and
``(3) to avoid hindering industry from supplying firearms to law
abiding citizens for all lawful purposes, including hunting, self-
defense, collecting, and competitive or recreational shooting.''
[For definition of ``person'' as used in section 5(b) of Pub. L.
109-92, set out above, see section 7903 of Title 15, Commerce and
Trade.]
Liability; Evidence
Pub. L. 109-92, Sec. 5(c)(3), Oct. 26, 2005, 119 Stat. 2101,
provided that:
``(A) Liability.--Nothing in this section [amending this section and
section 924 of this title and enacting provisions set out as notes under
this section and section 921 of this title] shall be construed to--
``(i) create a cause of action against any Federal firearms
licensee or any other person for any civil liability; or
``(ii) establish any standard of care.
``(B) 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, except with respect to an
action relating to section 922(z) of title 18, United States Code, as
added by this subsection.
``(C) Rule of construction.--Nothing in this paragraph shall be
construed to bar a governmental action to impose a penalty under section
924(p) of title 18, United States Code, for a failure to comply with
section 922(z) of that title.''
[For definition of ``person'' as used in section 5(c)(3) of Pub. L.
109-92, set out above, see section 7903 of Title 15, Commerce and
Trade.]
Criminal Background Checks for Persons Offering Firearm as Collateral
Pub. L. 106-58, title VI, Sec. 634, Sept. 29, 1999, 113 Stat. 473,
provided that: ``None of the funds made available in this or any other
Act with respect to any fiscal year may be used for any system to
implement section 922(t) of title 18, United States Code, unless the
system allows, in connection with a person's delivery of a firearm to a
Federal firearms licensee as collateral for a loan, the background check
to be performed at the time the collateral is offered for delivery to
such licensee: Provided, That the licensee notifies local law
enforcement within 48 hours of the licensee receiving a denial on the
person offering the collateral: Provided further, That the provisions of
section 922(t) shall apply at the time of the redemption of the
firearm.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 655], Oct. 21,
1998, 112 Stat. 2681-480, 2681-530.
Availability of Violent Crime Reduction Trust Fund To Fund Activities
Authorized by Brady Handgun Violence Prevention Act and National Child
Protection Act of 1993
Pub. L. 103-322, title XXI, Sec. 210603(a), Sept. 13, 1994, 108
Stat. 2074, which provided that certain amounts authorized in sections
103(k) and 106(b)(2) of Pub. L. 103-159, set out below, and section
5119b(b) of Title 42, The Public Health and Welfare, may be appropriated
from the Violent Crime Reduction Trust Fund, was repealed by Pub. L.
109-162, title XI, Sec. 1154(b)(4), Jan. 5, 2006, 119 Stat. 3113.
National Instant Criminal Background Check System
Section 103 of Pub. L. 103-159, as amended by Pub. L. 103-322, title
XXI, Sec. 210603(b), Sept. 13, 1994, 103 Stat. 2074; Pub. L. 104-294,
title VI, Sec. 603(h), (i)(1), Oct. 11, 1996, 110 Stat. 3504, provided
that:
``(a) Determination of Timetables.--Not later than 6 months after
the date of enactment of this Act [Nov. 30, 1993], the Attorney General
shall--
``(1) determine the type of computer hardware and software that
will be used to operate the national instant criminal background
check system and the means by which State criminal records systems
and the telephone or electronic device of licensees will communicate
with the national system;
``(2) investigate the criminal records system of each State and
determine for each State a timetable by which the State should be
able to provide criminal records on an on-line capacity basis to the
national system; and
``(3) notify each State of the determinations made pursuant to
paragraphs (1) and (2).
``(b) Establishment of System.--Not later than 60 months after the
date of the enactment of this Act [Nov. 30, 1993], the Attorney General
shall establish a national instant criminal background check system that
any licensee may contact, by telephone or by other electronic means in
addition to the telephone, for information, to be supplied immediately,
on whether receipt of a firearm by a prospective transferee would
violate section 922 of title 18, United States Code, or State law.
``(c) Expedited Action by the Attorney General.--The Attorney
General shall expedite--
``(1) the upgrading and indexing of State criminal history
records in the Federal criminal records system maintained by the
Federal Bureau of Investigation;
``(2) the development of hardware and software systems to link
State criminal history check systems into the national instant
criminal background check system established by the Attorney General
pursuant to this section; and
``(3) the current revitalization initiatives by the Federal
Bureau of Investigation for technologically advanced fingerprint and
criminal records identification.
``(d) Notification of Licensees.--On establishment of the system
under this section, the Attorney General shall notify each licensee and
the chief law enforcement officer of each State of the existence and
purpose of the system and the means to be used to contact the system.
``(e) Administrative Provisions.--
``(1) Authority to obtain official information.--Notwithstanding
any other law, the Attorney General may secure directly from any
department or agency of the United States such information on
persons for whom receipt of a firearm would violate subsection (g)
or (n) of section 922 of title 18, United States Code, or State law,
as is necessary to enable the system to operate in accordance with
this section. On request of the Attorney General, the head of such
department or agency shall furnish such information to the system.
``(2) Other authority.--The Attorney General shall develop such
computer software, design and obtain such telecommunications and
computer hardware, and employ such personnel, as are necessary to
establish and operate the system in accordance with this section.
``(f) Written Reasons Provided on Request.--If the national instant
criminal background check system determines that an individual is
ineligible to receive a firearm and the individual requests the system
to provide the reasons for the determination, the system shall provide
such reasons to the individual, in writing, within 5 business days after
the date of the request.
``(g) Correction of Erroneous System Information.--If the system
established under this section informs an individual contacting the
system that receipt of a firearm by a prospective transferee would
violate subsection (g) or (n) of section 922 of title 18, United States
Code, or State law, the prospective transferee may request the Attorney
General to provide the prospective transferee with the reasons therefor.
Upon receipt of such a request, the Attorney General shall immediately
comply with the request. The prospective transferee may submit to the
Attorney General information to correct, clarify, or supplement records
of the system with respect to the prospective transferee. After receipt
of such information, the Attorney General shall immediately consider the
information, investigate the matter further, and correct all erroneous
Federal records relating to the prospective transferee and give notice
of the error to any Federal department or agency or any State that was
the source of such erroneous records.
``(h) Regulations.--After 90 days' notice to the public and an
opportunity for hearing by interested parties, the Attorney General
shall prescribe regulations to ensure the privacy and security of the
information of the system established under this section.
``(i) Prohibition Relating To Establishment of Registration Systems
With Respect to Firearms.--No department, agency, officer, or employee
of the United States may--
``(1) require that any record or portion thereof generated by
the system established under this section be recorded at or
transferred to a facility owned, managed, or controlled by the
United States or any State or political subdivision thereof; or
``(2) use the system established under this section to establish
any system for the registration of firearms, firearm owners, or
firearm transactions or dispositions, except with respect to
persons, prohibited by section 922(g) or (n) of title 18, United
States Code, or State law, from receiving a firearm.
``(j) Definitions.--As used in this section:
``(1) Licensee.--The term `licensee' means a licensed importer
(as defined in section 921(a)(9) of title 18, United States Code), a
licensed manufacturer (as defined in section 921(a)(10) of that
title), or a licensed dealer (as defined in section 921(a)(11) of
that title).
``(2) Other terms.--The terms `firearm', `handgun', `licensed
importer', `licensed manufacturer', and `licensed dealer' have the
meanings stated in section 921(a) of title 18, United States Code,
as amended by subsection (a)(2).
``(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to enable the Attorney General
to carry out this section.''
Funding for Improvement of Criminal Records
Section 106(b) of Pub. L. 103-159, as amended by Pub. L. 103-322,
title XXI, Sec. 210603(b), Sept. 13, 1994, 103 Stat. 2074; Pub. L. 104-
294, title VI, Sec. 603(i)(1), Oct. 11, 1996, 110 Stat. 3504, provided
that:
``(1) Grants for the improvement of criminal records.--The Attorney
General, through the Bureau of Justice Statistics, shall, subject to
appropriations and with preference to States that as of the date of
enactment of this Act [Nov. 30, 1993] have the lowest percent currency
of case dispositions in computerized criminal history files, make a
grant to each State to be used--
``(A) for the creation of a computerized criminal history record
system or improvement of an existing system;
``(B) to improve accessibility to the national instant criminal
background system; and
``(C) upon establishment of the national system, to assist the
State in the transmittal of criminal records to the national system.
``(2) Authorization of appropriations.--There are authorized to be
appropriated for grants under paragraph (1) a total of $200,000,000 for
fiscal year 1994 and all fiscal years thereafter.''
Gun-Free Zone Signs
Section 1702(b)(5) of Pub. L. 101-647 provided that: ``Federal,
State, and local authorities are encouraged to cause signs to be posted
around school zones giving warning of prohibition of the possession of
firearms in a school zone.''
Identification of Felons and Other Persons Ineligible To Purchase
Handguns
Section 6213 of Pub. L. 100-690 provided that:
``(a) Identification of Felons Ineligible To Purchase Handguns.--The
Attorney General shall develop a system for immediate and accurate
identification of felons who attempt to purchase 1 or more firearms but
are ineligible to purchase firearms by reason of section 922(g)(1) of
title 18, United States Code. The system shall be accessible to dealers
but only for the purpose of determining whether a potential purchaser is
a convicted felon. The Attorney General shall establish a plan
(including a cost analysis of the proposed system) for implementation of
the system. In developing the system, the Attorney General shall consult
with the Secretary of the Treasury, other Federal, State, and local law
enforcement officials with expertise in the area, and other experts. The
Attorney General shall begin implementation of the system 30 days after
the report to the Congress as provided in subsection (b).
``(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act [Nov. 18, 1988], the Attorney General shall
report to the Congress a description of the system referred to in
subsection (a) and a plan (including a cost analysis of the proposed
system) for implementation of the system. Such report may include, if
appropriate, recommendations for modifications of the system and
legislation necessary in order to fully implement such system.
``(c) Additional Study of Other Persons Ineligible To Purchase
Firearms.--The Attorney General in consultation with the Secretary of
the Treasury shall conduct a study to determine if an effective method
for immediate and accurate identification of other persons who attempt
to purchase 1 or more firearms but are ineligible to purchase firearms
by reason of section 922(g) of title 18, United States Code. In
conducting the study, the Attorney General shall consult with the
Secretary of the Treasury, other Federal, State, and local law
enforcement officials with expertise in the area, and other experts.
Such study shall be completed within 18 months after the date of the
enactment of this Act [Nov. 18, 1988] and shall be submitted to the
Congress and made available to the public. Such study may include, if
appropriate, recommendations for legislation.
``(d) Definitions.--As used in this section, the terms `firearm' and
`dealer' shall have the meanings given such terms in section 921(a) of
title 18, United States Code.''
Studies To Identify Equipment Capable of Distinguishing Security
Exemplar From Other Metal Objects Likely To Be Carried on One's Person
Section 2(e) of Pub. L. 100-649 provided that: ``The Attorney
General, the Secretary of the Treasury, and the Secretary of
Transportation shall each conduct studies to identify available state-
of-the-art equipment capable of detecting the Security Exemplar (as
defined in section 922(p)(2)(C) of title 18, United States Code) and
distinguishing the Security Exemplar from innocuous metal objects likely
to be carried on one's person. Such studies shall be completed within 6
months after the date of the enactment of this Act [Nov. 10, 1988] and
shall include a schedule providing for the installation of such
equipment at the earliest practicable time at security checkpoints
maintained or regulated by the agency conducting the study. Such
equipment shall be installed in accordance with each schedule. In
addition, such studies may include recommendations, where appropriate,
concerning the use of secondary security equipment and procedures to
enhance detection capability at security checkpoints.''