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18 U.S.C. 923(d)(1)(G)
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| File Title | 18 U.S.C. 923(d)(1)(G) |
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-CITE-
<BR>
<A name=3Dhit0000></A> <B><I>18</I></B> <B><I>USC</I></B> Sec. 923 =
01/07/2011
<P>
-EXPCITE-
<BR>
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
<BR>
PART I - CRIMES
<BR>
CHAPTER 44 - <B><I>FIREARMS</I></B>
<P>
-HEAD-
<BR>
Sec. 923. Licensing
<P>
-STATUTE-
<BR>
(a) No person shall engage in the business of importing,
<BR>
manufacturing, or dealing in <B><I>firearms</I></B>, or importing or
<BR>
manufacturing ammunition, until he has filed an =
<B><I>application</I></B> with
<BR>
and received a <B><I>license</I></B> to do so from the Attorney =
General. The
<BR>
<B><I>application</I></B> shall be in such form and contain only =
that information
<BR>
necessary to determine eligibility for licensing as the Attorney
<BR>
General shall by regulation prescribe and shall include a
<BR>
photograph and fingerprints of the <B><I>applicant</I></B>. Each =
<B><I>applicant</I></B> shall
<BR>
pay a fee for obtaining such a <B><I>license</I></B>, a separate fee =
being
<BR>
required for each place in which the <B><I>applicant</I></B> is to =
do business,
<BR>
as follows:
<BR>
(1) If the <B><I>applicant</I></B> is a manufacturer -=20
<BR>
(A) of destructive devices, ammunition for destructive devices
<BR>
or armor piercing ammunition, a fee of $1,000 per year;
<BR>
(B) of <B><I>firearms</I></B> other than destructive devices, a =
fee of $50
<BR>
per year; or
<BR>
(C) of ammunition for <B><I>firearms</I></B>, other than =
ammunition for
<BR>
destructive devices or armor piercing ammunition, a fee of $10
<BR>
per year.
<P>
(2) If the <B><I>applicant</I></B> is an importer -=20
<BR>
(A) of destructive devices, ammunition for destructive devices
<BR>
or armor piercing ammunition, a fee of $1,000 per year; or
<BR>
(B) of <B><I>firearms</I></B> other than destructive devices or =
ammunition
<BR>
for <B><I>firearms</I></B> other than destructive devices, or =
ammunition other
<BR>
than armor piercing ammunition, a fee of $50 per year.
<P>
(3) If the <B><I>applicant</I></B> is a dealer -=20
<BR>
(A) in destructive devices or ammunition for destructive
<BR>
devices, a fee of $1,000 per year; or
<BR>
(B) who is not a dealer in destructive devices, a fee of $200
<BR>
for 3 years, except that the fee for <B><I>renewal</I></B> of a =
valid <B><I>license</I></B>
<BR>
shall be $90 for 3 years.
<P>
(b) Any person desiring to be licensed as a collector shall file
<BR>
an <B><I>application</I></B> for such <B><I>license</I></B> with the =
Attorney General. The
<BR>
<B><I>application</I></B> shall be in such form and contain only =
that information
<BR>
necessary to determine eligibility as the Attorney General shall by
<BR>
regulation prescribe. The fee for such <B><I>license</I></B> shall =
be $10 per
<BR>
year. Any <B><I>license</I></B> granted under this subsection shall =
only apply to
<BR>
transactions in curios and relics.
<BR>
(c) Upon the filing of a proper <B><I>application</I></B> and =
payment of the
<BR>
prescribed fee, the Attorney General shall issue to a qualified
<BR>
<B><I>applicant</I></B> the appropriate <B><I>license</I></B> which, =
subject to the provisions
<BR>
of this chapter and other <B><I>applicable</I></B> provisions of =
law, shall
<BR>
entitle the licensee to transport, ship, and receive =
<B><I>firearms</I></B> and
<BR>
ammunition covered by such <B><I>license</I></B> in interstate or =
foreign
<BR>
commerce during the period stated in the <B><I>license</I></B>. =
Nothing in this
<BR>
chapter shall be construed to prohibit a licensed manufacturer,
<BR>
importer, or dealer from maintaining and disposing of a personal
<BR>
collection of <B><I>firearms</I></B>, subject only to such =
restrictions as apply
<BR>
in this chapter to dispositions by a person other than a licensed
<BR>
manufacturer, importer, or dealer. If any <B><I>firearm</I></B> is =
so disposed of
<BR>
by a licensee within one year after its transfer from his business
<BR>
inventory into such licensee's personal collection or if such
<BR>
disposition or any other acquisition is made for the purpose of
<BR>
willfully evading the restrictions placed upon licensees by this
<BR>
chapter, then such <B><I>firearm</I></B> shall be deemed part of =
such licensee's
<BR>
business inventory, except that any licensed manufacturer,
<BR>
importer, or dealer who has maintained a <B><I>firearm</I></B> as =
part of a
<BR>
personal collection for one year and who sells or otherwise
<BR>
disposes of such <B><I>firearm</I></B> shall record the description =
of the
<BR>
<B><I>firearm</I></B> in a bound volume, containing the name and =
place of
<BR>
residence and date of birth of the transferee if the transferee is
<BR>
an individual, or the identity and principal and local places of
<BR>
business of the transferee if the transferee is a corporation or
<BR>
other business entity: Provided, That no other recordkeeping shall
<BR>
be required.
<BR>
(d)(1) Any <B><I>application</I></B> submitted under subsection =
(a) or (b) of
<BR>
this section shall be approved if -=20
<BR>
(A) the <B><I>applicant</I></B> is twenty-one years of age or =
over;
<BR>
(B) the <B><I>applicant</I></B> (including, in the case of a =
corporation,
<BR>
partnership, or association, any individual possessing, directly
<BR>
or indirectly, the power to direct or cause the direction of the
<BR>
management and policies of the corporation, partnership, or
<BR>
association) is not prohibited from transporting, shipping, or
<BR>
receiving <B><I>firearms</I></B> or ammunition in interstate or =
foreign
<BR>
commerce under section 922(g) and (n) of this chapter;
<BR>
(C) the <B><I>applicant</I></B> has not willfully violated any =
of the
<BR>
provisions of this chapter or regulations issued thereunder;
<BR>
(D) the <B><I>applicant</I></B> has not willfully failed to =
disclose any
<BR>
material information required, or has not made any false
<BR>
statement as to any material fact, in connection with his
<BR>
<B><I>application</I></B>;
<BR>
(E) the <B><I>applicant</I></B> has in a State (i) premises from =
which he
<BR>
conducts business subject to <B><I>license</I></B> under this =
chapter or from
<BR>
which he intends to conduct such business within a reasonable
<BR>
period of time, or (ii) in the case of a collector, premises from
<BR>
which he conducts his collecting subject to <B><I>license</I></B> =
under this
<BR>
chapter or from which he intends to conduct such collecting
<BR>
within a reasonable period of time;
<BR>
(F) the <B><I>applicant</I></B> certifies that -=20
<BR>
(i) the business to be conducted under the =
<B><I>license</I></B> is not
<BR>
prohibited by State or local law in the place where the
<BR>
licensed premise is located;
<BR>
(ii)(I) within 30 days after the <B><I>application</I></B> is =
approved the
<BR>
business will comply with the requirements of State and local
<BR>
law <B><I>applicable</I></B> to the conduct of the business; and
<BR>
(II) the business will not be conducted under the =
<B><I>license</I></B>
<BR>
until the requirements of State and local law =
<B><I>applicable</I></B> to the
<BR>
business have been met; and
<BR>
(iii) that the <B><I>applicant</I></B> has sent or delivered a =
form to be
<BR>
prescribed by the Attorney General, to the chief law
<BR>
enforcement officer of the locality in which the premises are
<BR>
located, which indicates that the <B><I>applicant</I></B> =
intends to apply
<BR>
for a <B><I>Federal</I></B> <B><I>firearms</I></B> =
<B><I>license</I></B>; and
<P>
(G) in the case of an <B><I>application</I></B> to be licensed =
as a dealer,
<BR>
the <B><I>applicant</I></B> certifies that secure gun storage or =
safety devices
<BR>
will be available at any place in which <B><I>firearms</I></B> are =
sold under
<BR>
the <B><I>license</I></B> to persons who are not licensees =
(subject to the
<BR>
exception that in any case in which a secure gun storage or
<BR>
safety device is temporarily unavailable because of theft,
<BR>
casualty loss, consumer sales, backorders from a manufacturer, or
<BR>
any other similar reason beyond the control of the licensee, the
<BR>
dealer shall not be considered to be in violation of the
<BR>
requirement under this subparagraph to make available such a
<BR>
device).
<P>
(2) The Attorney General must approve or deny an =
<B><I>application</I></B> for
<BR>
a <B><I>license</I></B> within the 60-day period beginning on the =
date it is
<BR>
received. If the Attorney General fails to act within such period,
<BR>
the <B><I>applicant</I></B> may file an action under section 1361 of =
title 28 to
<BR>
compel the Attorney General to act. If the Attorney General
<BR>
approves an <B><I>applicant</I></B>'s <B><I>application</I></B>, =
such <B><I>applicant</I></B> shall be issued
<BR>
a <B><I>license</I></B> upon the payment of the prescribed fee.
<BR>
(e) The Attorney General may, after notice and opportunity for
<BR>
hearing, revoke any <B><I>license</I></B> issued under this section =
if the holder
<BR>
of such <B><I>license</I></B> has willfully violated any provision =
of this
<BR>
chapter or any rule or regulation prescribed by the Attorney
<BR>
General under this chapter or fails to have secure gun storage or
<BR>
safety devices available at any place in which =
<B><I>firearms</I></B> are sold
<BR>
under the <B><I>license</I></B> to persons who are not licensees =
(except that in
<BR>
any case in which a secure gun storage or safety device is
<BR>
temporarily unavailable because of theft, casualty loss, consumer
<BR>
sales, backorders from a manufacturer, or any other similar reason
<BR>
beyond the control of the licensee, the dealer shall not be
<BR>
considered to be in violation of the requirement to make available
<BR>
such a device). The Attorney General may, after notice and
<BR>
opportunity for hearing, revoke the <B><I>license</I></B> of a =
dealer who
<BR>
willfully transfers armor piercing ammunition. The Secretary's (!1)
<BR>
action under this subsection may be reviewed only as provided in
<BR>
subsection (f) of this section.
<P>
(f)(1) Any person whose <B><I>application</I></B> for a =
<B><I>license</I></B> is denied and
<BR>
any holder of a <B><I>license</I></B> which is revoked shall receive =
a written
<BR>
notice from the Attorney General stating specifically the grounds
<BR>
upon which the <B><I>application</I></B> was denied or upon which =
the <B><I>license</I></B> was
<BR>
revoked. Any notice of a revocation of a <B><I>license</I></B> shall =
be given to
<BR>
the holder of such <B><I>license</I></B> before the effective date =
of the
<BR>
revocation.
<BR>
(2) If the Attorney General denies an <B><I>application</I></B> =
for, or
<BR>
revokes, a <B><I>license</I></B>, he shall, upon request by the =
aggrieved party,
<BR>
promptly hold a hearing to review his denial or revocation. In the
<BR>
case of a revocation of a <B><I>license</I></B>, the Attorney =
General shall upon
<BR>
the request of the holder of the <B><I>license</I></B> stay the =
effective date of
<BR>
the revocation. A hearing held under this paragraph shall be held
<BR>
at a location convenient to the aggrieved party.
<BR>
(3) If after a hearing held under paragraph (2) the Attorney
<BR>
General decides not to reverse his decision to deny an =
<B><I>application</I></B>
<BR>
or revoke a <B><I>license</I></B>, the Attorney General shall give =
notice of his
<BR>
decision to the aggrieved party. The aggrieved party may at any
<BR>
time within sixty days after the date notice was given under this
<BR>
paragraph file a petition with the United States district court for
<BR>
the district in which he resides or has his principal place of
<BR>
business for a de novo judicial review of such denial or
<BR>
revocation. In a proceeding conducted under this subsection, the
<BR>
court may consider any evidence submitted by the parties to the
<BR>
proceeding whether or not such evidence was considered at the
<BR>
hearing held under paragraph (2). If the court decides that the
<BR>
Attorney General was not authorized to deny the =
<B><I>application</I></B> or to
<BR>
revoke the <B><I>license</I></B>, the court shall order the Attorney =
General to
<BR>
take such action as may be necessary to comply with the judgment of
<BR>
the court.
<BR>
(4) If criminal proceedings are instituted against a licensee
<BR>
alleging any violation of this chapter or of rules or regulations
<BR>
prescribed under this chapter, and the licensee is acquitted of
<BR>
such charges, or such proceedings are terminated, other than upon
<BR>
motion of the Government before trial upon such charges, the
<BR>
Attorney General shall be absolutely barred from denying or
<BR>
revoking any <B><I>license</I></B> granted under this chapter where =
such denial
<BR>
or revocation is based in whole or in part on the facts which form
<BR>
the basis of such criminal charges. No proceedings for the
<BR>
revocation of a <B><I>license</I></B> shall be instituted by the =
Attorney General
<BR>
more than one year after the filing of the indictment or
<BR>
information.
<BR>
(g)(1)(A) Each licensed importer, licensed manufacturer, and
<BR>
licensed dealer shall maintain such records of importation,
<BR>
production, shipment, receipt, sale, or other disposition of
<BR>
<B><I>firearms</I></B> at his place of business for such period, and =
in such
<BR>
form, as the Attorney General may by regulations prescribe. Such
<BR>
importers, manufacturers, and dealers shall not be required to
<BR>
submit to the Attorney General reports and information with respect
<BR>
to such records and the contents thereof, except as expressly
<BR>
required by this section. The Attorney General, when he has
<BR>
reasonable cause to believe a violation of this chapter has
<BR>
occurred and that evidence thereof may be found on such premises,
<BR>
may, upon demonstrating such cause before a <B><I>Federal</I></B> =
magistrate
<BR>
judge and securing from such magistrate judge a warrant authorizing
<BR>
entry, enter during business hours the premises (including places
<BR>
of storage) of any licensed <B><I>firearms</I></B> importer, =
licensed
<BR>
manufacturer, licensed dealer, licensed collector, or any licensed
<BR>
importer or manufacturer of ammunition, for the purpose of
<BR>
inspecting or examining -=20
<BR>
(i) any records or documents required to be kept by such
<BR>
licensed importer, licensed manufacturer, licensed dealer, or
<BR>
licensed collector under this chapter or rules or regulations
<BR>
under this chapter, and
<BR>
(ii) any <B><I>firearms</I></B> or ammunition kept or stored by =
such licensed
<BR>
importer, licensed manufacturer, licensed dealer, or licensed
<BR>
collector, at such premises.
<P>
(B) The Attorney General may inspect or examine the inventory and
<BR>
records of a licensed importer, licensed manufacturer, or licensed
<BR>
dealer without such reasonable cause or warrant -=20
<BR>
(i) in the course of a reasonable inquiry during the course of
<BR>
a criminal investigation of a person or persons other than the
<BR>
licensee;
<BR>
(ii) for ensuring compliance with the record keeping
<BR>
requirements of this chapter -=20
<BR>
(I) not more than once during any 12-month period; or
<BR>
(II) at any time with respect to records relating to a
<BR>
<B><I>firearm</I></B> involved in a criminal investigation that =
is traced to
<BR>
the licensee; or
<P>
(iii) when such inspection or examination may be required for
<BR>
determining the disposition of one or more particular =
<B><I>firearms</I></B> in
<BR>
the course of a bona fide criminal investigation.
<P>
(C) The Attorney General may inspect the inventory and records of
<BR>
a licensed collector without such reasonable cause or warrant -=20
<BR>
(i) for ensuring compliance with the record keeping
<BR>
requirements of this chapter not more than once during any twelve-
<BR>
month period; or
<BR>
(ii) when such inspection or examination may be required for
<BR>
determining the disposition of one or more particular =
<B><I>firearms</I></B> in
<BR>
the course of a bona fide criminal investigation.
<P>
(D) At the election of a licensed collector, the annual
<BR>
inspection of records and inventory permitted under this paragraph
<BR>
shall be performed at the office of the Attorney General designated
<BR>
for such inspections which is located in closest proximity to the
<BR>
premises where the inventory and records of such licensed collector
<BR>
are maintained. The inspection and examination authorized by this
<BR>
paragraph shall not be construed as authorizing the Attorney
<BR>
General to seize any records or other documents other than those
<BR>
records or documents constituting material evidence of a violation
<BR>
of law. If the Attorney General seizes such records or documents,
<BR>
copies shall be provided the licensee within a reasonable time. The
<BR>
Attorney General may make available to any <B><I>Federal</I></B>, =
State, or local
<BR>
law enforcement agency any information which he may obtain by
<BR>
reason of this chapter with respect to the identification of
<BR>
persons prohibited from purchasing or receiving =
<B><I>firearms</I></B> or
<BR>
ammunition who have purchased or received <B><I>firearms</I></B> or =
ammunition,
<BR>
together with a description of such <B><I>firearms</I></B> or =
ammunition, and he
<BR>
may provide information to the extent such information may be
<BR>
contained in the records required to be maintained by this chapter,
<BR>
when so requested by any <B><I>Federal</I></B>, State, or local law =
enforcement
<BR>
agency.
<BR>
(2) Each licensed collector shall maintain in a bound volume the
<BR>
nature of which the Attorney General may by regulations prescribe,
<BR>
records of the receipt, sale, or other disposition of =
<B><I>firearms</I></B>.
<BR>
Such records shall include the name and address of any person to
<BR>
whom the collector sells or otherwise disposes of a =
<B><I>firearm</I></B>. Such
<BR>
collector shall not be required to submit to the Attorney General
<BR>
reports and information with respect to such records and the
<BR>
contents thereof, except as expressly required by this section.
<BR>
(3)(A) Each licensee shall prepare a report of multiple sales or
<BR>
other dispositions whenever the licensee sells or otherwise
<BR>
disposes of, at one time or during any five consecutive business
<BR>
days, two or more pistols, or revolvers, or any combination of
<BR>
pistols and revolvers totalling two or more, to an unlicensed
<BR>
person. The report shall be prepared on a form specified by the
<BR>
Attorney General and forwarded to the office specified thereon and
<BR>
to the department of State police or State law enforcement agency
<BR>
of the State or local law enforcement agency of the local
<BR>
jurisdiction in which the sale or other disposition took place, not
<BR>
later than the close of business on the day that the multiple sale
<BR>
or other disposition occurs.
<BR>
(B) Except in the case of forms and contents thereof regarding a
<BR>
purchaser who is prohibited by subsection (g) or (n) of section 922
<BR>
of this title from receipt of a <B><I>firearm</I></B>, the =
department of State
<BR>
police or State law enforcement agency or local law enforcement
<BR>
agency of the local jurisdiction shall not disclose any such form
<BR>
or the contents thereof to any person or entity, and shall destroy
<BR>
each such form and any record of the contents thereof no more than
<BR>
20 days from the date such form is received. No later than the date
<BR>
that is 6 months after the effective date of this subparagraph, and
<BR>
at the end of each 6-month period thereafter, the department of
<BR>
State police or State law enforcement agency or local law
<BR>
enforcement agency of the local jurisdiction shall certify to the
<BR>
Attorney General of the United States that no disclosure contrary
<BR>
to this subparagraph has been made and that all forms and any
<BR>
record of the contents thereof have been destroyed as provided in
<BR>
this subparagraph.
<BR>
(4) Where a <B><I>firearms</I></B> or ammunition business is =
discontinued and
<BR>
succeeded by a new licensee, the records required to be kept by
<BR>
this chapter shall appropriately reflect such facts and shall be
<BR>
delivered to the successor. Where discontinuance of the business is
<BR>
absolute, such records shall be delivered within thirty days after
<BR>
the business discontinuance to the Attorney General. However, where
<BR>
State law or local ordinance requires the delivery of records to
<BR>
other responsible authority, the Attorney General may arrange for
<BR>
the delivery of such records to such other responsible authority.
<BR>
(5)(A) Each licensee shall, when required by letter issued by the
<BR>
Attorney General, and until notified to the contrary in writing by
<BR>
the Attorney General, submit on a form specified by the Attorney
<BR>
General, for periods and at the times specified in such letter, all
<BR>
record information required to be kept by this chapter or such
<BR>
lesser record information as the Attorney General in such letter
<BR>
may specify.
<BR>
(B) The Attorney General may authorize such record information to
<BR>
be submitted in a manner other than that prescribed in subparagraph
<BR>
(A) of this paragraph when it is shown by a licensee that an
<BR>
alternate method of reporting is reasonably necessary and will not
<BR>
unduly hinder the effective administration of this chapter. A
<BR>
licensee may use an alternate method of reporting if the licensee
<BR>
describes the proposed alternate method of reporting and the need
<BR>
therefor in a letter <B><I>application</I></B> submitted to the =
Attorney General,
<BR>
and the Attorney General approves such alternate method of
<BR>
reporting.
<BR>
(6) Each licensee shall report the theft or loss of a =
<B><I>firearm</I></B>
<BR>
from the licensee's inventory or collection, within 48 hours after
<BR>
the theft or loss is discovered, to the Attorney General and to the
<BR>
appropriate local authorities.
<BR>
(7) Each licensee shall respond immediately to, and in no event
<BR>
later than 24 hours after the receipt of, a request by the Attorney
<BR>
General for information contained in the records required to be
<BR>
kept by this chapter as may be required for determining the
<BR>
disposition of 1 or more <B><I>firearms</I></B> in the course of a =
bona fide
<BR>
criminal investigation. The requested information shall be provided
<BR>
orally or in writing, as the Attorney General may require. The
<BR>
Attorney General shall implement a system whereby the licensee can
<BR>
positively identify and establish that an individual requesting
<BR>
information via telephone is employed by and authorized by the
<BR>
agency to request such information.
<BR>
(h) <B><I>Licenses</I></B> issued under the provisions of =
subsection (c) of
<BR>
this section shall be kept posted and kept available for inspection
<BR>
on the premises covered by the <B><I>license</I></B>.
<BR>
(i) Licensed importers and licensed manufacturers shall identify
<BR>
by means of a serial number engraved or cast on the receiver or
<BR>
frame of the weapon, in such manner as the Attorney General shall
<BR>
by regulations prescribe, each <B><I>firearm</I></B> imported or =
manufactured by
<BR>
such importer or manufacturer.
<BR>
(j) A licensed importer, licensed manufacturer, or licensed
<BR>
dealer may, under rules or regulations prescribed by the Attorney
<BR>
General, conduct business temporarily at a location other than the
<BR>
location specified on the <B><I>license</I></B> if such temporary =
location is the
<BR>
location for a gun show or event sponsored by any national, State,
<BR>
or local organization, or any affiliate of any such organization
<BR>
devoted to the collection, competitive use, or other sporting use
<BR>
of <B><I>firearms</I></B> in the community, and such location is in =
the State
<BR>
which is specified on the <B><I>license</I></B>. Records of receipt =
and
<BR>
disposition of <B><I>firearms</I></B> transactions conducted at such =
temporary
<BR>
location shall include the location of the sale or other
<BR>
disposition and shall be entered in the permanent records of the
<BR>
licensee and retained on the location specified on the =
<B><I>license</I></B>.
<BR>
Nothing in this subsection shall authorize any licensee to conduct
<BR>
business in or from any motorized or towed vehicle. Notwithstanding
<BR>
the provisions of subsection (a) of this section, a separate fee
<BR>
shall not be required of a licensee with respect to business
<BR>
conducted under this subsection. Any inspection or examination of
<BR>
inventory or records under this chapter by the Attorney General at
<BR>
such temporary location shall be limited to inventory consisting
<BR>
of, or records relating to, <B><I>firearms</I></B> held or disposed =
at such
<BR>
temporary location. Nothing in this subsection shall be construed
<BR>
to authorize the Attorney General to inspect or examine the
<BR>
inventory or records of a licensed importer, licensed manufacturer,
<BR>
or licensed dealer at any location other than the location
<BR>
specified on the <B><I>license</I></B>. Nothing in this subsection =
shall be
<BR>
construed to diminish in any manner any right to display, sell, or
<BR>
otherwise dispose of <B><I>firearms</I></B> or ammunition, which is =
in effect
<BR>
before the date of the enactment of the <B><I>Firearms</I></B> =
Owners' Protection
<BR>
Act, including the right of a licensee to conduct "curios or
<BR>
relics" <B><I>firearms</I></B> transfers and business away from =
their business
<BR>
premises with another licensee without regard as to whether the
<BR>
location of where the business is conducted is located in the State
<BR>
specified on the <B><I>license</I></B> of either licensee.
<BR>
(k) Licensed importers and licensed manufacturers shall mark all
<BR>
armor piercing projectiles and packages containing such projectiles
<BR>
for distribution in the manner prescribed by the Attorney General
<BR>
by regulation. The Attorney General shall furnish information to
<BR>
each dealer licensed under this chapter defining which projectiles
<BR>
are considered armor piercing ammunition as defined in section
<BR>
921(a)(17)(B).
<BR>
(l) The Attorney General shall notify the chief law enforcement
<BR>
officer in the appropriate State and local jurisdictions of the
<BR>
names and addresses of all persons in the State to whom a =
<B><I>firearms</I></B>
<BR>
<B><I>license</I></B> is issued.
<P>
-SOURCE-
<BR>
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
<BR>
231; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
<BR>
Stat. 1221; Pub. L. 92-377, title I, Sec. 165(b), Dec. 21, 1982, 96
<BR>
Stat. 1923; Pub. L. 99-308, Sec. 103, May 19, 1986, 100 Stat. 453;
<BR>
Pub. L. 99-360, Sec. 1(c), July 8, 1986, 100 Stat. 766; Pub. L. 99-
<BR>
408, Secs. 3-7, Aug. 28, 1986, 100 Stat. 921; Pub. L. 100-690,
<BR>
title VII, Sec. 7060(d), Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101-
<BR>
647, title XXII, Sec. 2203(a), title XXXV, Sec. 3525, Nov. 29,
<BR>
1990, 104 Stat. 4857, 4924; Pub. L. 101-650, title III, Sec. 321,
<BR>
Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-159, title II, Sec. 201,
<BR>
title III, Sec. 303, Nov. 30, 1993, 107 Stat. 1544, 1545; Pub. L.
<BR>
103-322, title XI, Secs. 110102(d), 110103(d), 110105(2),
<BR>
110301(a), 110302-110307, title XXXIII, Sec. 330011(i), Sept. 13,
<BR>
1994, 108 Stat. 1998-2000, 2012-2014, 2145; Pub. L. 104-208, div.
<BR>
A, title I, Sec. 101(f) [title I, Sec. 118], Sept. 30, 1996, 110
<BR>
Stat. 3009-314, 3009-326; Pub. L. 104-294, title VI, Sec.
<BR>
603(j)(1), (k), (l), Oct. 11, 1996, 110 Stat. 3504, 3505; Pub. L.
<BR>
105-277, div. A, Sec. 101(b) [title I, Sec. 119(b), (c)], Oct. 21,
<BR>
1998, 112 Stat. 2681-50, 2681-69; Pub. L. 107-296, title XI, Sec.
<BR>
1112(f)(5), (6), Nov. 25, 2002, 116 Stat. 2276.)
<P>
-REFTEXT-
<BR>
REFERENCES IN TEXT =20
<BR>
The effective date of this subparagraph, referred to in subsec.
<BR>
(g)(3)(B), is the date of enactment of Pub. L. 103-159, which was
<BR>
approved Nov. 30, 1993.
<BR>
The date of the enactment of the <B><I>Firearms</I></B> Owners' =
Protection Act,
<BR>
referred to in subsec. (j), is the date of enactment of Pub. L. 99-
<BR>
308, which was approved May 19, 1986.
<P>
-MISC1-
<BR>
AMENDMENTS =20
<BR>
2002 - Subsecs. (a) to (g), (i) to (k). Pub. L. 107-296, Sec.
<BR>
1112(f)(6), substituted "Attorney General" for "Secretary" wherever
<BR>
appearing.
<BR>
Subsec. (l). Pub. L. 107-296, Sec. 1112(f)(5), substituted
<BR>
"Attorney General" for "Secretary of the Treasury".
<BR>
1998 - Subsec. (d)(1)(G). Pub. L. 105-277, Sec. 101(b) [title I,
<BR>
Sec. 119(b)], added subpar. (G).
<BR>
Subsec. (e). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 119(c)],
<BR>
inserted before period at end of first sentence "or fails to have
<BR>
secure gun storage or safety devices available at any place in
<BR>
which <B><I>firearms</I></B> are sold under the =
<B><I>license</I></B> to persons who are not
<BR>
licensees (except that in any case in which a secure gun storage or
<BR>
safety device is temporarily unavailable because of theft, casualty
<BR>
loss, consumer sales, backorders from a manufacturer, or any other
<BR>
similar reason beyond the control of the licensee, the dealer shall
<BR>
not be considered to be in violation of the requirement to make
<BR>
available such a device)".
<BR>
1996 - Subsec. (g)(1)(B)(ii). Pub. L. 104-294, Sec. 603(k),
<BR>
substituted "; or" for period at end of subcl. (II) and realigned
<BR>
margins.
<BR>
Subsec. (g)(3)(A). Pub. L. 104-294, Sec. 603(j)(1), amended
<BR>
directory language of Pub. L. 103-159, Sec. 201(1). See 1993
<BR>
Amendment note below.
<BR>
Subsec. (j). Pub. L. 104-208 substituted for period at end ",
<BR>
including the right of a licensee to conduct 'curios or relics'
<BR>
<B><I>firearms</I></B> transfers and business away from their =
business premises
<BR>
with another licensee without regard as to whether the location of
<BR>
where the business is conducted is located in the State specified
<BR>
on the <B><I>license</I></B> of either licensee."
<BR>
Subsec. (l). Pub. L. 104-294, Sec. 603(l), redesignated last
<BR>
subsec. as subsec. (l) and realigned margins.
<BR>
1994 - Subsec. (a). Pub. L. 103-322, Sec. 110301(a), inserted
<BR>
"and shall include a photograph and fingerprints of the =
<B><I>applicant</I></B>"
<BR>
after "regulation prescribe" in introductory provisions.
<BR>
Subsec. (a)(3)(B). Pub. L. 103-322, Sec. 330011(i), amended
<BR>
directory language of Pub. L. 101-647, Sec. 3525. See 1990
<BR>
Amendment note below.
<BR>
Subsec. (d)(1)(F). Pub. L. 103-322, Sec. 110302, added subpar.
<BR>
(F).
<BR>
Subsec. (d)(2). Pub. L. 103-322, Sec. 110303, substituted "60-day
<BR>
period" for "forty-five-day period".
<BR>
Subsec. (g)(1)(B)(ii). Pub. L. 103-322, Sec. 110304, amended cl.
<BR>
(ii) generally. Prior to amendment, cl. (ii) read as follows: "for
<BR>
ensuring compliance with the record keeping requirements of this
<BR>
chapter not more than once during any twelve-month period; or".
<BR>
Subsec. (g)(6). Pub. L. 103-322, Sec. 110305, added par. (6).
<BR>
Subsec. (g)(7). Pub. L. 103-322, Sec. 110306, added par. (7).
<BR>
Subsec. (i). Pub. L. 103-322, Sec. 110103(d), which inserted at
<BR>
end "A large capacity ammunition feeding device manufactured after
<BR>
the date of the enactment of this sentence shall be identified by a
<BR>
serial number that clearly shows that the device was manufactured
<BR>
or imported after the effective date of this subsection, and such
<BR>
other identification as the Secretary may by regulation
<BR>
prescribe.", was repealed by Pub. L. 103-322, Sec. 110105(2). See
<BR>
Effective and Termination Dates of 1994 Amendment note below.
<BR>
Pub. L. 103-322, Sec. 110102(d), which inserted penultimate
<BR>
sentence which read as follows: "The serial number of any
<BR>
semiautomatic assault weapon manufactured after the date of the
<BR>
enactment of this sentence shall clearly show the date on which the
<BR>
weapon was manufactured.", was repealed by Pub. L. 103-322, Sec.
<BR>
110105(2). See Effective and Termination Dates of 1994 Amendment
<BR>
note below.
<BR>
Subsec. (l). Pub. L. 103-322, Sec. 110307, which directed the
<BR>
amendment of this section by adding subsec. (1) at end, was
<BR>
executed by adding subsec. (l) at end to reflect the probable
<BR>
intent of Congress.
<BR>
1993 - Subsec. (a)(3)(A). Pub. L. 103-159, Sec. 303(1), inserted
<BR>
"or" at end of subpar. (A).
<BR>
Subsec. (a)(3)(B). Pub. L. 103-159, Sec. 303(2), (3), substituted
<BR>
"who is not a dealer in destructive devices, a fee of $200 for 3
<BR>
years, except that the fee for <B><I>renewal</I></B> of a valid =
<B><I>license</I></B> shall be
<BR>
$90 for 3 years." for "who is a pawnbroker dealing in =
<B><I>firearms</I></B>
<BR>
other than destructive devices, a fee of $25 per year; or".
<BR>
Subsec. (a)(3)(C). Pub. L. 103-159, Sec. 303(4), struck out
<BR>
subpar. (C) which read as follows: "who is not a dealer in
<BR>
destructive devices or a pawnbroker, a fee of $10 per year."
<BR>
Subsec. (g)(3). Pub. L. 103-159, Sec. 201, as amended by Pub. L.
<BR>
104-294, Sec. 603(j)(1), designated existing provisions as subpar.
<BR>
(A), inserted "and to the department of State police or State law
<BR>
enforcement agency of the State or local law enforcement agency of
<BR>
the local jurisdiction in which the sale or other disposition took
<BR>
place," after "thereon", and added subpar. (B).
<BR>
1990 - Subsec. (a)(3)(B). Pub. L. 101-647, Sec. 3525, as amended
<BR>
by Pub. L. 103-322, Sec. 330011(i), inserted a comma after
<BR>
"devices".
<BR>
Subsec. (d)(1)(B). Pub. L. 101-647, Sec. 2203(a), substituted
<BR>
"(n)" for "(h)".
<BR>
1988 - Subsec. (a). Pub. L. 100-690, Sec. 7060(d)(1), struck out
<BR>
period after "licensing" in introductory provisions.
<BR>
Subsec. (f)(3). Pub. L. 100-690, Sec. 7060(d)(2), struck out the
<BR>
period that followed a period after "paragraph (2)".
<BR>
1986 - Subsec. (a). Pub. L. 99-308, Sec. 103(1), amended first
<BR>
sentence generally and substituted "only that information necessary
<BR>
to determine eligibility for licensing." for "such information" in
<BR>
second sentence. Prior to amendment, first sentence read as
<BR>
follows: "No person shall engage in business as a =
<B><I>firearms</I></B> or
<BR>
ammunition importer, manufacturer, or dealer until he has filed an
<BR>
<B><I>application</I></B> with, and received a <B><I>license</I></B> =
to do so from, the
<BR>
Secretary."
<BR>
Subsec. (a)(1)(A). Pub. L. 99-408, Sec. 3, in amending subpar.
<BR>
(A) generally, substituted ", ammunition for destructive devices or
<BR>
armor piercing ammunition" for "or ammunition for destructive
<BR>
devices".
<BR>
Subsec. (a)(1)(C). Pub. L. 99-408, Sec. 4, in amending subpar.
<BR>
(C) generally, substituted ", other than ammunition for destructive
<BR>
devices or armor piercing ammunition" for "other than destructive
<BR>
devices".
<BR>
Subsec. (a)(2). Pub. L. 99-408, Sec. 5, amended subpars. (A) and
<BR>
(B) generally. Prior to amendment, subpars. (A) and (B) read as
<BR>
follows:
<BR>
"(A) of destructive devices or ammunition for destructive
<BR>
devices, a fee of $1,000 per year; or
<BR>
"(B) of <B><I>firearms</I></B> other than destructive devices or =
ammunition for
<BR>
<B><I>firearms</I></B> other than destructive devices, a fee of $50 =
per year."
<BR>
Subsec. (a)(3)(B). Pub. L. 99-308, Sec. 103(2), struck out "or
<BR>
ammunition for <B><I>firearms</I></B> other than destructive =
devices," after
<BR>
"destructive devices".
<BR>
Subsec. (b). Pub. L. 99-308, Sec. 103(3), substituted "only that
<BR>
information necessary to determine eligibility" for "such
<BR>
information".
<BR>
Subsec. (c). Pub. L. 99-360 inserted provision which required any
<BR>
licensed manufacturer, importer, or dealer who has maintained a
<BR>
<B><I>firearm</I></B> as part of a personal collection for one year =
and sells or
<BR>
otherwise disposes of such <B><I>firearm</I></B> to record the =
description of the
<BR>
<B><I>firearm</I></B> in a bound volume, specified other information =
to be
<BR>
recorded, and provided that no other recordkeeping be required.
<BR>
Pub. L. 99-308, Sec. 103(4), inserted provision that nothing in
<BR>
this chapter be construed to prohibit a licensed manufacturer,
<BR>
importer, or dealer from maintaining and disposing of a personal
<BR>
collection of <B><I>firearms</I></B> subject to such restrictions as =
apply in
<BR>
this chapter to other persons, and provision specifying
<BR>
circumstances under which such disposition or any other acquisition
<BR>
shall result in such <B><I>firearms</I></B> being deemed part of the =
licensee's
<BR>
business inventory.
<BR>
Subsec. (e). Pub. L. 99-408, Sec. 6, inserted provisions relating
<BR>
to <B><I>licenses</I></B> of dealers willfully transferring armor =
piercing
<BR>
ammunition.
<BR>
Pub. L. 99-308, Sec. 103(5), inserted "willfully" before
<BR>
"violated".
<BR>
Subsec. (f)(3). Pub. L. 99-308, Sec. 103(6)(A), inserted "de
<BR>
novo" before "judicial review" in second sentence and "whether or
<BR>
not such evidence was considered at the hearing held under
<BR>
paragraph (2)." after "to the proceeding" in third sentence.
<BR>
Subsec. (f)(4). Pub. L. 99-308, Sec. 103(6)(B), added par. (4).
<BR>
Subsec. (g). Pub. L. 99-308, Sec. 103(7), amended subsec. (g)
<BR>
generally. Prior to amendment, subsec. (g) read as follows: "Each
<BR>
licensed importer, licensed manufacturer, licensed dealer, and
<BR>
licensed collector shall maintain such records of importation,
<BR>
production, shipment, receipt, sale, or other disposition, of
<BR>
<B><I>firearms</I></B> and ammunition except .22 caliber rimfire =
ammunition at
<BR>
such place, for such period, and in such form as the Secretary may
<BR>
by regulations prescribe. Such importers, manufacturers, dealers,
<BR>
and collectors shall make such records available for inspection at
<BR>
all reasonable times, and shall submit to the Secretary such
<BR>
reports and information with respect to such records and the
<BR>
contents thereof as he shall by regulations prescribe. The
<BR>
Secretary may enter during business hours the premises (including
<BR>
places of storage) of any <B><I>firearms</I></B> or ammunition =
importer,
<BR>
manufacturer, dealer, or collector for the purpose of inspecting or
<BR>
examining (1) any records or documents required to be kept by such
<BR>
importer, manufacturer, dealer, or collector under the provisions
<BR>
of this chapter or regulations issued under this chapter, and (2)
<BR>
any <B><I>firearms</I></B> or ammunition kept or stored by such =
importer,
<BR>
manufacturer, dealer, or collector at such premises. Upon the
<BR>
request of any State or any political subdivision thereof, the
<BR>
Secretary may make available to such State or any political
<BR>
subdivision thereof, any information which he may obtain by reason
<BR>
of the provisions of this chapter with respect to the
<BR>
identification of persons within such State or political
<BR>
subdivision thereof, who have purchased or received =
<B><I>firearms</I></B> or
<BR>
ammunition, together with a description of such =
<B><I>firearms</I></B> or
<BR>
ammunition."
<BR>
Subsec. (j). Pub. L. 99-308, Sec. 103(8), amended subsec. (j)
<BR>
generally. Prior to amendment, subsec. (j) read as follows: "This
<BR>
section shall not apply to anyone who engages only in hand loading,
<BR>
reloading, or custom loading ammunition for his own =
<B><I>firearm</I></B>, and
<BR>
who does not hand load, reload, or custom load ammunition for
<BR>
others."
<BR>
Subsec. (k). Pub. L. 99-408, Sec. 7, added subsec. (k).
<BR>
1982 - Subsec. (g). Pub. L. 97-377 inserted "except .22 caliber
<BR>
rimfire ammunition" after "and ammunition". The amendment by Pub.
<BR>
L. 97-377, which purported to amend subsec. (9), was executed
<BR>
instead to subsec. (g) as the probable intent of Congress because
<BR>
this section does not contain a subsec. (9).
<BR>
1968 - Subsec. (a). Pub. L. 90-618 struck out "be required to"
<BR>
after "Each <B><I>applicant</I></B> shall".
<BR>
Subsec. (a)(1). Pub. L. 90-618 inserted "the =
<B><I>applicant</I></B> is" after
<BR>
"If" in text preceding subpar. (A), substituted "or ammunition for
<BR>
destructive devices," for "and/or ammunition" in subpar. (A),
<BR>
decreased the fee from $500 per year to $50 per year in subpar.
<BR>
(B), and added subpar. (C).
<BR>
Subsec. (a)(2). Pub. L. 90-618 inserted "the =
<B><I>applicant</I></B> is" after
<BR>
"If" in text preceding subpar. (A), substituted "or ammunition for
<BR>
destructive devices," for "and/or ammunition" in subpar. (A), and
<BR>
inserted provision for ammunition for <B><I>firearms</I></B> other =
than
<BR>
destructive devices and decreased the fee from $500 per year to $50
<BR>
per year in subpar. (B).
<BR>
Subsec. (a)(3). Pub. L. 90-618 inserted "the =
<B><I>applicant</I></B> is" after
<BR>
"If" in text preceding subpar. (A), substituted "in destructive
<BR>
devices or ammunition for destructive devices," for "of destructive
<BR>
devices and/or ammunition" in subpar. (A), and inserted provision
<BR>
for ammunition for <B><I>firearms</I></B> other than destructive =
devices and
<BR>
decreased the fee from $250 per year to $25 per year in subpar.
<BR>
(B).
<BR>
Subsecs. (b), (c). Pub. L. 90-618 added subsec. (b), redesignated
<BR>
former subsec. (b) as (c) and made mandatory the requirement that
<BR>
the Secretary issue the appropriate <B><I>license</I></B> to a =
qualified
<BR>
<B><I>applicant</I></B>. Former subsec. (c) redesignated (d).
<BR>
Subsec. (d). Pub. L. 90-618 redesignated former subsec. (c) as
<BR>
(d)(1), made changes in phraseology, inserted references to section
<BR>
922(g) and (h) of this chapter in subsec. (d)(1)(B) and to
<BR>
<B><I>applicants</I></B> engaged in collecting in subsec. =
(d)(1)(E)(ii), and
<BR>
added subsec. (d)(2). Former subsec. (d) redesignated (g).
<BR>
Subsecs. (e), (f). Pub. L. 90-618 added subsecs. (e) and (f) and
<BR>
redesignated former subsecs. (e) and (f) as (h) and (i),
<BR>
respectively.
<BR>
Subsec. (g). Pub. L. 90-618 redesignated former subsec. (d) as
<BR>
(g) and added licensed collectors to the enumerated list of
<BR>
licensees subject to the provisions of this section.
<BR>
Subsec. (h). Pub. L. 90-618 redesignated former subsec. (e) as
<BR>
(h) and substituted "subsection (c)" for "subsection (b)".
<BR>
Subsec. (i). Pub. L. 90-618 redesignated former subsec. (f) as
<BR>
(i) and inserted ", by means of a serial number engraved or cast on
<BR>
the receiver or frame of the weapon," after "shall identify".
<BR>
Subsec. (j). Pub. L. 90-618 added subsec. (j).
<P>
-CHANGE-
<BR>
CHANGE OF NAME =20
<BR>
Words "magistrate judge" substituted for "magistrate" wherever
<BR>
appearing in subsec. (g)(1)(A) pursuant to section 321 of Pub. L.
<BR>
101-650, set out as a note under section 631 of Title 28, Judiciary
<BR>
and Judicial Procedure.
<P>
-MISC2-
<BR>
EFFECTIVE DATE OF 2002 AMENDMENT =20
<BR>
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
<BR>
2002, see section 4 of Pub. L. 107-296, set out as an Effective
<BR>
Date note under section 101 of Title 6, Domestic Security.
<P>
EFFECTIVE DATE OF 1998 AMENDMENT =20
<BR>
Amendment by Pub. L. 105-277, effective 180 days after Oct. 21,
<BR>
1998, see section 101(b) [title I, Sec. 119(e)] of Pub. L. 105-277,
<BR>
set out as a note under section 921 of this title.
<P>
EFFECTIVE DATE OF 1996 AMENDMENT =20
<BR>
Section 603(j)(2) of Pub. L. 104-294 provided that: "The
<BR>
amendment made by paragraph (1) [amending this section] shall take
<BR>
effect as if the amendment had been included in the Act referred to
<BR>
in paragraph (1) [Pub. L. 103-159] on the date of the enactment of
<BR>
such Act [Nov. 30, 1993]."
<P>
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT =20
<BR>
Amendment by sections 110102(d) and 110103(d) of Pub. L. 103-322
<BR>
repealed 10 years after Sept. 13, 1994, see section 110105(2) of
<BR>
Pub. L. 103-322, formerly set out as a note under section 921 of
<BR>
this title.
<BR>
Section 330011(i) of Pub. L. 103-322 provided that the amendment
<BR>
made by that section is effective as of the date on which section
<BR>
3525 of Pub. L. 101-647 took effect.
<P>
<BR>
EFFECTIVE DATE OF 1986 AMENDMENT =20
<BR>
Amendment by sections 3 to 5 of Pub. L. 99-408 effective first
<BR>
day of first calendar month beginning more than ninety days after
<BR>
Aug. 28, 1986, and amendment by sections 6 and 7 of Pub. L. 99-408
<BR>
effective Aug. 28, 1986, see section 9 of Pub. L. 99-408, set out
<BR>
as a note under section 921 of this title.
<BR>
Amendment by Pub. L. 99-360 effective on date on which amendment
<BR>
of this section by <B><I>Firearms</I></B> Owners' Protection Act, =
Pub. L. 99-308,
<BR>
became effective, see section 2 of Pub. L. 99-360, set out as a
<BR>
note under section 921 of this title.
<BR>
Amendment by section 103(1)-(6)(A), (7), (8) of Pub. L. 99-308
<BR>
effective 180 days after May 19, 1986, and amendment by section
<BR>
103(6)(B) of Pub. L. 99-308 <B><I>applicable</I></B> to any action, =
petition, or
<BR>
appellate proceeding pending on May 19, 1986, see section 110(a),
<BR>
(b) of Pub. L. 99-308, set out as a note under section 921 of this
<BR>
title.
<P>
EFFECTIVE DATE OF 1968 AMENDMENT =20
<BR>
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section
<BR>
105 of Pub. L. 90-618, set out as a note under section 921 of this
<BR>
title.
<P>
STATUTORY CONSTRUCTION; EVIDENCE =20
<BR>
Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 119(d)], Oct.
<BR>
21, 1998, 112 Stat. 2681-50, 2681-70, provided that:
<BR>
"(1) Statutory construction. - Nothing in the amendments made by
<BR>
this section [amending this section and section 921 of this title]
<BR>
shall be construed -=20
<BR>
"(A) as creating a cause of action against any =
<B><I>firearms</I></B> dealer
<BR>
or any other person for any civil liability; or
<BR>
"(B) as establishing any standard of care.
<BR>
"(2) Evidence. - Notwithstanding any other provision of law,
<BR>
evidence regarding compliance or noncompliance with the amendments
<BR>
made by this section shall not be admissible as evidence in any
<BR>
proceeding of any court, agency, board, or other entity."
<P>
FUNDING FOR BUREAU NOT AUTHORIZED FOR DISCLOSURE OF DATA =20
<BR>
Pub. L. 111-117, div. B, title II, Dec. 16, 2009, 123 Stat. 3128,
<BR>
provided in part: "That, beginning in fiscal year 2010 and
<BR>
thereafter, no funds appropriated under this or any other Act may
<BR>
be used to disclose part or all of the contents of the =
<B><I>Firearms</I></B>
<BR>
Trace System database maintained by the National Trace Center of
<BR>
the Bureau of Alcohol, Tobacco, <B><I>Firearms</I></B> and =
Explosives or any
<BR>
information required to be kept by licensees pursuant to section
<BR>
923(g) of title 18, United States Code, or required to be reported
<BR>
pursuant to paragraphs (3) and (7) of such section 923(g), except
<BR>
to: (1) a <B><I>Federal</I></B>, State, local, or tribal law =
enforcement agency,
<BR>
or a <B><I>Federal</I></B>, State, or local prosecutor; or (2) a =
foreign law
<BR>
enforcement agency solely in connection with or for use in a
<BR>
criminal investigation or prosecution; or (3) a =
<B><I>Federal</I></B> agency for
<BR>
a national security or intelligence purpose; unless such disclosure
<BR>
of such data to any of the entities described in (1), (2) or (3) of
<BR>
this proviso would compromise the identity of any undercover law
<BR>
enforcement officer or confidential informant, or interfere with
<BR>
any case under investigation; and no person or entity described in
<BR>
(1), (2) or (3) shall knowingly and publicly disclose such data;
<BR>
and all such data shall be immune from legal process, shall not be
<BR>
subject to subpoena or other discovery, shall be inadmissible in
<BR>
evidence, and shall not be used, relied on, or disclosed in any
<BR>
manner, nor shall testimony or other evidence be permitted based on
<BR>
the data, in a civil action in any State (including the District of
<BR>
Columbia) or <B><I>Federal</I></B> court or in an administrative =
proceeding other
<BR>
than a proceeding commenced by the Bureau of Alcohol, Tobacco,
<BR>
<B><I>Firearms</I></B> and Explosives to enforce the provisions of =
chapter 44 of
<BR>
such title, or a review of such an action or proceeding; except
<BR>
that this proviso shall not be construed to prevent: (A) the
<BR>
disclosure of statistical information concerning total production,
<BR>
importation, and exportation by each licensed importer (as defined
<BR>
in section 921(a)(9) of such title) and licensed manufacturer (as
<BR>
defined in section 921(a)(10) of such title); (B) the sharing or
<BR>
exchange of such information among and between =
<B><I>Federal</I></B>, State,
<BR>
local, or foreign law enforcement agencies, <B><I>Federal</I></B>, =
State, or
<BR>
local prosecutors, and <B><I>Federal</I></B> national security, =
intelligence, or
<BR>
counterterrorism officials; or (C) the publication of annual
<BR>
statistical reports on products regulated by the Bureau of Alcohol,
<BR>
Tobacco, <B><I>Firearms</I></B> and Explosives, including total =
production,
<BR>
importation, and exportation by each licensed importer (as so
<BR>
defined) and licensed manufacturer (as so defined), or statistical
<BR>
aggregate data regarding <B><I>firearms</I></B> traffickers and =
trafficking
<BR>
channels, or <B><I>firearms</I></B> misuse, felons, and trafficking
<BR>
investigations".
<BR>
Similar provisions were contained in the following prior
<BR>
appropriation acts:
<BR>
Pub. L. 111-8, div. B, title II, Mar. 11, 2009, 123 Stat. 575.
<BR>
Pub. L. 110-161, div. B, title II, Dec. 26, 2007, 121 Stat. 1903.
<BR>
Pub. L. 109-108, title I, Nov. 22, 2005, 119 Stat. 2295.
<BR>
Pub. L. 108-447, div. B, title I, Dec. 8, 2004, 118 Stat. 2859.
<P>
-FOOTNOTE-
<BR>
(!1) So in original. Probably should be "Attorney General's".
<P>
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