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.''