18 USC 922 Unlawful Acts

18USC922.doc

Firearms Disabilities for Nonimmigrant Aliens

18 USC 922 Unlawful Acts

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18 U.S.C. 922(d)(5) and (g)(5)




(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 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) 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.


(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)));


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File Title18 U
AuthorATF
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File Modified2005-08-05
File Created2005-08-05

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