18 USC 925(c)

18 USC 925(c).doc

Application For Restoration of Firearms Privileges

18 USC 925(c)

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U.S. Code as of: 01/19/04

Section 925. Exceptions: Relief from disabilities


(a)(1) The provisions of this chapter, except for sections

922(d)(9) and 922(g)(9) and provisions relating to firearms subject

to the prohibitions of section 922(p), shall not apply with respect

to the transportation, shipment, receipt, possession, or

importation of any firearm or ammunition imported for, sold or

shipped to, or issued for the use of, the United States or any

department or agency thereof or any State or any department,

agency, or political subdivision thereof.

(2) The provisions of this chapter, except for provisions

relating to firearms subject to the prohibitions of section 922(p),

shall not apply with respect to (A) the shipment or receipt of

firearms or ammunition when sold or issued by the Secretary of the

Army pursuant to section 4308 of title 10 before the repeal of such

section by section 1624(a) of the Corporation for the Promotion of

Rifle Practice and Firearms Safety Act, and (B) the transportation

of any such firearm or ammunition carried out to enable a person,

who lawfully received such firearm or ammunition from the Secretary

of the Army, to engage in military training or in competitions.

(3) Unless otherwise prohibited by this chapter, except for

provisions relating to firearms subject to the prohibitions of

section 922(p), or any other Federal law, a licensed importer,

licensed manufacturer, or licensed dealer may ship to a member of

the United States Armed Forces on active duty outside the United

States or to clubs, recognized by the Department of Defense, whose

entire membership is composed of such members, and such members or

clubs may receive a firearm or ammunition determined by the

Attorney General to be generally recognized as particularly

suitable for sporting purposes and intended for the personal use of

such member or club.

(4) When established to the satisfaction of the Attorney General

to be consistent with the provisions of this chapter, except for

provisions relating to firearms subject to the prohibitions of

section 922(p), and other applicable Federal and State laws and

published ordinances, the Attorney General may authorize the

transportation, shipment, receipt, or importation into the United

States to the place of residence of any member of the United States

Armed Forces who is on active duty outside the United States (or

who has been on active duty outside the United States within the

sixty day period immediately preceding the transportation,

shipment, receipt, or importation), of any firearm or ammunition

which is (A) determined by the Attorney General to be generally

recognized as particularly suitable for sporting purposes, or

determined by the Department of Defense to be a type of firearm

normally classified as a war souvenir, and (B) intended for the

personal use of such member.

(5) For the purpose of paragraph (3) of this subsection, the term

"United States" means each of the several States and the District

of Columbia.

(b) A licensed importer, licensed manufacturer, licensed dealer,

or licensed collector who is indicted for a crime punishable by

imprisonment for a term exceeding one year, may, notwithstanding

any other provision of this chapter, continue operation pursuant to

his existing license (if prior to the expiration of the term of the

existing license timely application is made for a new license)

during the term of such indictment and until any conviction

pursuant to the indictment becomes final.

(c) A person who is prohibited from possessing, shipping,

transporting, or receiving firearms or ammunition may make

application to the Attorney General for relief from the

disabilities imposed by Federal laws with respect to the

acquisition, receipt, transfer, shipment, transportation, or

possession of firearms, and the Attorney General may grant such

relief if it is established to his satisfaction that the

circumstances regarding the disability, and the applicant's record

and reputation, are such that the applicant will not be likely to

act in a manner dangerous to public safety and that the granting of

the relief would not be contrary to the public interest. Any person

whose application for relief from disabilities is denied by the

Attorney General may file a petition with the United States

district court for the district in which he resides for a judicial

review of such denial. The court may in its discretion admit

additional evidence where failure to do so would result in a

miscarriage of justice. A licensed importer, licensed manufacturer,

licensed dealer, or licensed collector conducting operations under

this chapter, who makes application for relief from the

disabilities incurred under this chapter, shall not be barred by

such disability from further operations under his license pending

final action on an application for relief filed pursuant to this

section. Whenever the Attorney General grants relief to any person

pursuant to this section he shall promptly publish in the Federal

Register notice of such action, together with the reasons therefor.

(d) The Attorney General shall authorize a firearm or ammunition

to be imported or brought into the United States or any possession

thereof if the firearm or ammunition -

(1) is being imported or brought in for scientific or research

purposes, or is for use in connection with competition or

training pursuant to chapter 401 of title 10;



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