|
State Law
Federal Law
|
Crimes and Criminal Procedure - 18 USC Section 923
Legal Research Home
> US Lawyer > Crimes and Criminal
Procedure > Crimes and Criminal Procedure - 18 USC Section 923
01/19/04
Sec. 923. Licensing
(a) No person shall engage in the business of importing,
manufacturing, or dealing in firearms, or importing or
manufacturing ammunition, until he has filed an application with
and received a license to do so from the Attorney General. The
application shall be in such form and contain only that information
necessary to determine eligibility for licensing as the Attorney
General shall by regulation prescribe and shall include a
photograph and fingerprints of the applicant. Each applicant shall
pay a fee for obtaining such a license, a separate fee being
required for each place in which the applicant is to do business,
as follows:
(1) If the applicant is a manufacturer -
(A) of destructive devices, ammunition for destructive devices
or armor piercing ammunition, a fee of $1,000 per year;
(B) of firearms other than destructive devices, a fee of $50
per year; or
(C) of ammunition for firearms, other than ammunition for
destructive devices or armor piercing ammunition, a fee of $10
per year.
(2) If the applicant is an importer -
(A) of destructive devices, ammunition for destructive devices
or armor piercing ammunition, a fee of $1,000 per year; or
(B) of firearms other than destructive devices or ammunition
for firearms other than destructive devices, or ammunition other
than armor piercing ammunition, a fee of $50 per year.
(3) If the applicant is a dealer -
(A) in destructive devices or ammunition for destructive
devices, a fee of $1,000 per year; or
(B) who is not a dealer in destructive devices, a fee of $200
for 3 years, except that the fee for renewal of a valid license
shall be $90 for 3 years.
(b) Any person desiring to be licensed as a collector shall file
an application for such license with the Attorney General. The
application shall be in such form and contain only that information
necessary to determine eligibility as the Attorney General shall by
regulation prescribe. The fee for such license shall be $10 per
year. Any license granted under this subsection shall only apply to
transactions in curios and relics.
(c) Upon the filing of a proper application and payment of the
prescribed fee, the Attorney General shall issue to a qualified
applicant the appropriate license which, subject to the provisions
of this chapter and other applicable provisions of law, shall
entitle the licensee to transport, ship, and receive firearms and
ammunition covered by such license in interstate or foreign
commerce during the period stated in the license. Nothing in this
chapter shall be construed to prohibit a licensed manufacturer,
importer, or dealer from maintaining and disposing of a personal
collection of firearms, subject only to such restrictions as apply
in this chapter to dispositions by a person other than a licensed
manufacturer, importer, or dealer. If any firearm is so disposed of
by a licensee within one year after its transfer from his business
inventory into such licensee's personal collection or if such
disposition or any other acquisition is made for the purpose of
willfully evading the restrictions placed upon licensees by this
chapter, then such firearm shall be deemed part of such licensee's
business inventory, except that any licensed manufacturer,
importer, or dealer who has maintained a firearm as part of a
personal collection for one year and who sells or otherwise
disposes of such firearm shall record the description of the
firearm in a bound volume, containing the name and place of
residence and date of birth of the transferee if the transferee is
an individual, or the identity and principal and local places of
business of the transferee if the transferee is a corporation or
other business entity: Provided, That no other recordkeeping shall
be required.
(d)(1) Any application submitted under subsection (a) or (b) of
this section shall be approved if -
(A) the applicant is twenty-one years of age or over;
(B) the applicant (including, in the case of a corporation,
partnership, or association, any individual possessing, directly
or indirectly, the power to direct or cause the direction of the
management and policies of the corporation, partnership, or
association) is not prohibited from transporting, shipping, or
receiving firearms or ammunition in interstate or foreign
commerce under section 922(g) and (n) of this chapter;
(C) the applicant has not willfully violated any of the
provisions of this chapter or regulations issued thereunder;
(D) the applicant has not willfully failed to disclose any
material information required, or has not made any false
statement as to any material fact, in connection with his
application;
(E) the applicant has in a State (i) premises from which he
conducts business subject to license under this chapter or from
which he intends to conduct such business within a reasonable
period of time, or (ii) in the case of a collector, premises from
which he conducts his collecting subject to license under this
chapter or from which he intends to conduct such collecting
within a reasonable period of time;
(F) the applicant certifies that -
(i) the business to be conducted under the license is not
prohibited by State or local law in the place where the
licensed premise is located;
(ii)(I) within 30 days after the application is approved the
business will comply with the requirements of State and local
law applicable to the conduct of the business; and
(II) the business will not be conducted under the license
until the requirements of State and local law applicable to the
business have been met; and
(iii) that the applicant has sent or delivered a form to be
prescribed by the Attorney General, to the chief law
enforcement officer of the locality in which the premises are
located, which indicates that the applicant intends to apply
for a Federal firearms license; and
(G) in the case of an application to be licensed as a dealer,
the applicant certifies that secure gun storage or safety devices
will be available at any place in which firearms are sold under
the license to persons who are not licensees (subject to the
exception that in any case in which a secure gun storage or
safety device is temporarily unavailable because of theft,
casualty loss, consumer sales, backorders from a manufacturer, or
any other similar reason beyond the control of the licensee, the
dealer shall not be considered to be in violation of the
requirement under this subparagraph to make available such a
device).
(2) The Attorney General must approve or deny an application for
a license within the 60-day period beginning on the date it is
received. If the Attorney General fails to act within such period,
the applicant may file an action under section 1361 of title 28 to
compel the Attorney General to act. If the Attorney General
approves an applicant's application, such applicant shall be issued
a license upon the payment of the prescribed fee.
(e) The Attorney General may, after notice and opportunity for
hearing, revoke any license issued under this section if the holder
of such license has willfully violated any provision of this
chapter or any rule or regulation prescribed by the Attorney
General under this chapter or fails to have secure gun storage or
safety devices available at any place in which firearms are sold
under the license to persons who are not licensees (except that in
any case in which a secure gun storage or safety device is
temporarily unavailable because of theft, casualty loss, consumer
sales, backorders from a manufacturer, or any other similar reason
beyond the control of the licensee, the dealer shall not be
considered to be in violation of the requirement to make available
such a device). The Attorney General may, after notice and
opportunity for hearing, revoke the license of a dealer who
willfully transfers armor piercing ammunition. The Secretary's (!1)
action under this subsection may be reviewed only as provided in
subsection (f) of this section.
(f)(1) Any person whose application for a license is denied and
any holder of a license which is revoked shall receive a written
notice from the Attorney General stating specifically the grounds
upon which the application was denied or upon which the license was
revoked. Any notice of a revocation of a license shall be given to
the holder of such license before the effective date of the
revocation.
(2) If the Attorney General denies an application for, or
revokes, a license, he shall, upon request by the aggrieved party,
promptly hold a hearing to review his denial or revocation. In the
case of a revocation of a license, the Attorney General shall upon
the request of the holder of the license stay the effective date of
the revocation. A hearing held under this paragraph shall be held
at a location convenient to the aggrieved party.
(3) If after a hearing held under paragraph (2) the Attorney
General decides not to reverse his decision to deny an application
or revoke a license, the Attorney General shall give notice of his
decision to the aggrieved party. The aggrieved party may at any
time within sixty days after the date notice was given under this
paragraph file a petition with the United States district court for
the district in which he resides or has his principal place of
business for a de novo judicial review of such denial or
revocation. In a proceeding conducted under this subsection, the
court may consider any evidence submitted by the parties to the
proceeding whether or not such evidence was considered at the
hearing held under paragraph (2). If the court decides that the
Attorney General was not authorized to deny the application or to
revoke the license, the court shall order the Attorney General to
take such action as may be necessary to comply with the judgment of
the court.
(4) If criminal proceedings are instituted against a licensee
alleging any violation of this chapter or of rules or regulations
prescribed under this chapter, and the licensee is acquitted of
such charges, or such proceedings are terminated, other than upon
motion of the Government before trial upon such charges, the
Attorney General shall be absolutely barred from denying or
revoking any license granted under this chapter where such denial
or revocation is based in whole or in part on the facts which form
the basis of such criminal charges. No proceedings for the
revocation of a license shall be instituted by the Attorney General
more than one year after the filing of the indictment or
information.
(g)(1)(A) Each licensed importer, licensed manufacturer, and
licensed dealer shall maintain such records of importation,
production, shipment, receipt, sale, or other disposition of
firearms at his place of business for such period, and in such
form, as the Attorney General may by regulations prescribe. Such
importers, manufacturers, and dealers shall not be required to
submit to the Attorney General reports and information with respect
to such records and the contents thereof, except as expressly
required by this section. The Attorney General, when he has
reasonable cause to believe a violation of this chapter has
occurred and that evidence thereof may be found on such premises,
may, upon demonstrating such cause before a Federal magistrate
judge and securing from such magistrate judge a warrant authorizing
entry, enter during business hours the premises (including places
of storage) of any licensed firearms importer, licensed
manufacturer, licensed dealer, licensed collector, or any licensed
importer or manufacturer of ammunition, for the purpose of
inspecting or examining -
(i) any records or documents required to be kept by such
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector under this chapter or rules or regulations
under this chapter, and
(ii) any firearms or ammunition kept or stored by such licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector, at such premises.
(B) The Attorney General may inspect or examine the inventory and
records of a licensed importer, licensed manufacturer, or licensed
dealer without such reasonable cause or warrant -
(i) in the course of a reasonable inquiry during the course of
a criminal investigation of a person or persons other than the
licensee;
(ii) for ensuring compliance with the record keeping
requirements of this chapter -
(I) not more than once during any 12-month period; or
(II) at any time with respect to records relating to a
firearm involved in a criminal investigation that is traced to
the licensee; or
(iii) when such inspection or examination may be required for
determining the disposition of one or more particular firearms in
the course of a bona fide criminal investigation.
(C) The Attorney General may inspect the inventory and records of
a licensed collector without such reasonable cause or warrant -
(i) for ensuring compliance with the record keeping
requirements of this chapter not more than once during any
twelve-month period; or
(ii) when such inspection or examination may be required for
determining the disposition of one or more particular firearms in
the course of a bona fide criminal investigation.
(D) At the election of a licensed collector, the annual
inspection of records and inventory permitted under this paragraph
shall be performed at the office of the Attorney General designated
for such inspections which is located in closest proximity to the
premises where the inventory and records of such licensed collector
are maintained. The inspection and examination authorized by this
paragraph shall not be construed as authorizing the Attorney
General to seize any records or other documents other than those
records or documents constituting material evidence of a violation
of law. If the Attorney General seizes such records or documents,
copies shall be provided the licensee within a reasonable time. The
Attorney General may make available to any Federal, State, or local
law enforcement agency any information which he may obtain by
reason of this chapter with respect to the identification of
persons prohibited from purchasing or receiving firearms or
ammunition who have purchased or received firearms or ammunition,
together with a description of such firearms or ammunition, and he
may provide information to the extent such information may be
contained in the records required to be maintained by this chapter,
when so requested by any Federal, State, or local law enforcement
agency.
(2) Each licensed collector shall maintain in a bound volume the
nature of which the Attorney General may by regulations prescribe,
records of the receipt, sale, or other disposition of firearms.
Such records shall include the name and address of any person to
whom the collector sells or otherwise disposes of a firearm. Such
collector shall not be required to submit to the Attorney General
reports and information with respect to such records and the
contents thereof, except as expressly required by this section.
(3)(A) Each licensee shall prepare a report of multiple sales or
other dispositions whenever the licensee sells or otherwise
disposes of, at one time or during any five consecutive business
days, two or more pistols, or revolvers, or any combination of
pistols and revolvers totalling two or more, to an unlicensed
person. The report shall be prepared on a form specified by the
Attorney General and forwarded to the office specified thereon and
to the department of State police or State law enforcement agency
of the State or local law enforcement agency of the local
jurisdiction in which the sale or other disposition took place, not
later than the close of business on the day that the multiple sale
or other disposition occurs.
(B) Except in the case of forms and contents thereof regarding a
purchaser who is prohibited by subsection (g) or (n) of section 922
of this title from receipt of a firearm, the department of State
police or State law enforcement agency or local law enforcement
agency of the local jurisdiction shall not disclose any such form
or the contents thereof to any person or entity, and shall destroy
each such form and any record of the contents thereof no more than
20 days from the date such form is received. No later than the date
that is 6 months after the effective date of this subparagraph, and
at the end of each 6-month period thereafter, the department of
State police or State law enforcement agency or local law
enforcement agency of the local jurisdiction shall certify to the
Attorney General of the United States that no disclosure contrary
to this subparagraph has been made and that all forms and any
record of the contents thereof have been destroyed as provided in
this subparagraph.
(4) Where a firearms or ammunition business is discontinued and
succeeded by a new licensee, the records required to be kept by
this chapter shall appropriately reflect such facts and shall be
delivered to the successor. Where discontinuance of the business is
absolute, such records shall be delivered within thirty days after
the business discontinuance to the Attorney General. However, where
State law or local ordinance requires the delivery of records to
other responsible authority, the Attorney General may arrange for
the delivery of such records to such other responsible authority.
(5)(A) Each licensee shall, when required by letter issued by the
Attorney General, and until notified to the contrary in writing by
the Attorney General, submit on a form specified by the Attorney
General, for periods and at the times specified in such letter, all
record information required to be kept by this chapter or such
lesser record information as the Attorney General in such letter
may specify.
(B) The Attorney General may authorize such record information to
be submitted in a manner other than that prescribed in subparagraph
(A) of this paragraph when it is shown by a licensee that an
alternate method of reporting is reasonably necessary and will not
unduly hinder the effective administration of this chapter. A
licensee may use an alternate method of reporting if the licensee
describes the proposed alternate method of reporting and the need
therefor in a letter application submitted to the Attorney General,
and the Attorney General approves such alternate method of
reporting.
(6) Each licensee shall report the theft or loss of a firearm
from the licensee's inventory or collection, within 48 hours after
the theft or loss is discovered, to the Attorney General and to the
appropriate local authorities.
(7) Each licensee shall respond immediately to, and in no event
later than 24 hours after the receipt of, a request by the Attorney
General for information contained in the records required to be
kept by this chapter as may be required for determining the
disposition of 1 or more firearms in the course of a bona fide
criminal investigation. The requested information shall be provided
orally or in writing, as the Attorney General may require. The
Attorney General shall implement a system whereby the licensee can
positively identify and establish that an individual requesting
information via telephone is employed by and authorized by the
agency to request such information.
(h) Licenses issued under the provisions of subsection (c) of
this section shall be kept posted and kept available for inspection
on the premises covered by the license.
(i) Licensed importers and licensed manufacturers shall identify
by means of a serial number engraved or cast on the receiver or
frame of the weapon, in such manner as the Attorney General shall
by regulations prescribe, each firearm imported or manufactured by
such importer or manufacturer. The serial number of any
semiautomatic assault weapon manufactured after the date of the
enactment of this sentence shall clearly show the date on which the
weapon was manufactured. A large capacity ammunition feeding device
manufactured after the date of the enactment of this sentence shall
be identified by a serial number that clearly shows that the device
was manufactured or imported after the effective date of this
subsection, and such other identification as the Attorney General
may by regulation prescribe.
(j) A licensed importer, licensed manufacturer, or licensed
dealer may, under rules or regulations prescribed by the Attorney
General, conduct business temporarily at a location other than the
location specified on the license if such temporary location is the
location for a gun show or event sponsored by any national, State,
or local organization, or any affiliate of any such organization
devoted to the collection, competitive use, or other sporting use
of firearms in the community, and such location is in the State
which is specified on the license. Records of receipt and
disposition of firearms transactions conducted at such temporary
location shall include the location of the sale or other
disposition and shall be entered in the permanent records of the
licensee and retained on the location specified on the license.
Nothing in this subsection shall authorize any licensee to conduct
business in or from any motorized or towed vehicle. Notwithstanding
the provisions of subsection (a) of this section, a separate fee
shall not be required of a licensee with respect to business
conducted under this subsection. Any inspection or examination of
inventory or records under this chapter by the Attorney General at
such temporary location shall be limited to inventory consisting
of, or records relating to, firearms held or disposed at such
temporary location. Nothing in this subsection shall be construed
to authorize the Attorney General to inspect or examine the
inventory or records of a licensed importer, licensed manufacturer,
or licensed dealer at any location other than the location
specified on the license. Nothing in this subsection shall be
construed to diminish in any manner any right to display, sell, or
otherwise dispose of firearms or ammunition, which is in effect
before the date of the enactment of the Firearms Owners' Protection
Act, including the right of a licensee to conduct "curios or
relics" firearms transfers and business away from their business
premises with another licensee without regard as to whether the
location of where the business is conducted is located in the State
specified on the license of either licensee.
(k) Licensed importers and licensed manufacturers shall mark all
armor piercing projectiles and packages containing such projectiles
for distribution in the manner prescribed by the Attorney General
by regulation. The Attorney General shall furnish information to
each dealer licensed under this chapter defining which projectiles
are considered armor piercing ammunition as defined in section
921(a)(17)(B).
(l) The Attorney General shall notify the chief law enforcement
officer in the appropriate State and local jurisdictions of the
names and addresses of all persons in the State to whom a firearms
license is issued.
AMENDMENT OF SECTION
For repeal of amendment by section 110105(2) of Pub. L. 103-322,
see Effective and Termination Dates of 1994 Amendment note below.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-277, effective 180 days after Oct. 21,
1998, see section 101(b) [title I, Sec. 119(e)] of Pub. L. 105-277,
set out as a note under section 921 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 603(j)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if the amendment had been included in the Act referred to
in paragraph (1) [Pub. L. 103-159] on the date of the enactment of
such Act [Nov. 30, 1993]."
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT
Amendment by sections 110102(d) and 110103(d) of Pub. L. 103-322
repealed 10 years after Sept. 13, 1994, see section 110105(2) of
Pub. L. 103-322, set out as a note under section 921 of this title.
Section 330011(i) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section
3525 of Pub. L. 101-647 took effect.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by sections 3 to 5 of Pub. L. 99-408 effective first
day of first calendar month beginning more than ninety days after
Aug. 28, 1986, and amendment by sections 6 and 7 of Pub. L. 99-408
effective Aug. 28, 1986, see section 9 of Pub. L. 99-408, set out
as a note under section 921 of this title.
Amendment by Pub. L. 99-360 effective on date on which amendment
of this section by Firearms Owners' Protection Act, Pub. L. 99-308,
became effective, see section 2 of Pub. L. 99-360, set out as a
note under section 921 of this title.
Amendment by section 103(1)-(6)(A), (7), (8) of Pub. L. 99-308
effective 180 days after May 19, 1986, and amendment by section
103(6)(B) of Pub. L. 99-308 applicable to any action, petition, or
appellate proceeding pending on May 19, 1986, see section 110(a),
(b) of Pub. L. 99-308, set out as a note under section 921 of this
title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section
105 of Pub. L. 90-618, set out as a note under section 921 of this
title.
STATUTORY CONSTRUCTION; EVIDENCE
Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 119(d)], Oct.
21, 1998, 112 Stat. 2681-50, 2681-70, provided that:
"(1) Statutory construction. - Nothing in the amendments made by
this section [amending this section and section 921 of this title]
shall be construed -
"(A) as creating a cause of action against any firearms dealer
or any other person for any civil liability; or
"(B) as establishing any standard of care.
"(2) Evidence. - Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the amendments
made by this section shall not be admissible as evidence in any
proceeding of any court, agency, board, or other entity."
Last modified: April 13, 2006 |
