18 USC Section 922

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18 U.S. Code § 922 - Unlawful
acts
Current through Pub. L. 114-38 (http://www.gpo.gov/fdsys/pkg/PLAW114publ38/html/PLAW-114publ38.htm). (See Public Laws for the current
Congress (http://thomas.loc.gov/home/LegislativeData.php?n=PublicLaws).)
US Code (/uscode/text/18/922?qt-us_code_temp_noupdates=0#qt-us_code_temp_noupdates)
Notes (/uscode/text/18/922?qt-us_code_temp_noupdates=1#qt-us_code_temp_noupdates)
Authorities (CFR) (/uscode/text/18/922?qt-us_code_temp_noupdates=3#qt-us_code_temp_noupdates)

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(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
(/uscode/text/18/1715), is eligible to receive through the
mails pistols, revolvers, and other firearms capable of

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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;

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(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]
(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 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;

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(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, (/uscode/text/18/923)
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—

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(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, (/uscode/text/18/lii:usc:t:18:ch:44)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;

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(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 (/uscode/text/21/802)));
(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)
(/uscode/text/8/lii:usc:t:8:s:1101:a:26)));
(6) who [2] has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or
engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or
child, except that this paragraph shall only apply to a court
order that—
(A) was issued after a hearing of which such person
received actual notice, and at which such person had the
opportunity to participate; and
(B)
(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; or
(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury; or

(9) has been convicted in any court of a misdemeanor crime
of domestic violence.
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
who pursuant to subsection (b) of section 925 of this chapter
(/uscode/text/18/925)is not precluded from dealing in
firearms or ammunition, or to a person who has been

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granted relief from disabilities pursuant to subsection (c) of
section 925 of this chapter. (/uscode/text/18/925)
(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 (/uscode/text/21/802)));
(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

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(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)
(/uscode/text/8/lii:usc:t:8:s: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.

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(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,
(/uscode/text/18/lii:usc:t:18:s:925:d) 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 (/uscode/text/18/923)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

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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 walkthrough 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

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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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(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

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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

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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 (/uscode/text/18/lii:usc:t:18:s:925:d:3)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)

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(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;

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(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;
(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;

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(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)
(/uscode/text/8/lii:usc:t:8:s: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)

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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

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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
(/uscode/text/18/lii:usc:t:18:s:1028:d)) 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

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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

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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, § 110105(2)
(http://thomas.loc.gov/cgi-bin/bdquery/L?
d103:./list/bd/d103pl.lst:322(Public_Laws)), Sept. 13, 1994, 108
Stat. 2000 (http://uscode.house.gov/statviewer.htm?
volume=108&page=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

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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
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(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) (/uscode/text/8/lii:usc:t:8:s: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)
(/uscode/text/8/lii:usc:t:8:s: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

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(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)

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(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

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(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,
§ 110105(2) (http://thomas.loc.gov/cgi-bin/bdquery/L?
d103:./list/bd/d103pl.lst:322(Public_Laws)), Sept. 13,
1994, 108 Stat. 2000
(http://uscode.house.gov/statviewer.htm?
volume=108&page=2000)]

(Added Pub. L. 90–351, title IV, § 902
(http://www.gpo.gov/fdsys/browse/collection.action?
collectionCode=PLAW), June 19, 1968, 82 Stat. 228
(http://uscode.house.gov/statviewer.htm?volume=82&page=228);
amended Pub. L. 90–618, title I, § 102
(http://www.gpo.gov/fdsys/browse/collection.action?
collectionCode=PLAW), Oct. 22, 1968, 82 Stat. 1216
(http://uscode.house.gov/statviewer.htm?volume=82&page=1216);
Pub. L. 97–377, title I, § 165(a) (http://thomas.loc.gov/cgibin/bdquery/L?d097:./list/bd/d097pl.lst:377(Public_Laws)), Dec. 21,
1982, 96 Stat. 1923 (http://uscode.house.gov/statviewer.htm?
volume=96&page=1923); Pub. L. 99–308, § 102
(http://thomas.loc.gov/cgi-bin/bdquery/L?d099:./list/bd/d099pl.lst:308
(Public_Laws)), May 19, 1986, 100 Stat. 451
(http://uscode.house.gov/statviewer.htm?volume=100&page=451);
Pub. L. 99–408, § 2 (http://thomas.loc.gov/cgi-bin/bdquery/L?
d099:./list/bd/d099pl.lst:408(Public_Laws)), Aug. 28, 1986, 100 Stat.
920 (http://uscode.house.gov/statviewer.htm?volume=100&page=920);
Pub. L. 99–514, § 2 (http://thomas.loc.gov/cgi-bin/bdquery/L?
d099:./list/bd/d099pl.lst:514(Public_Laws)), Oct. 22, 1986, 100 Stat.
2095 (http://uscode.house.gov/statviewer.htm?
volume=100&page=2095); Pub. L. 100–649, § 2(a)
(http://thomas.loc.gov/cgi-bin/bdquery/L?d100:./list/bd/d100pl.lst:649
(Public_Laws)), (f)(2)(A), Nov. 10, 1988, 102 Stat. 3816
(http://uscode.house.gov/statviewer.htm?volume=102&page=3816),
3818; Pub. L. 100–690, title VII, § 7060(c) (http://thomas.loc.gov/cgibin/bdquery/L?d100:./list/bd/d100pl.lst:690(Public_Laws)), Nov. 18,
1988, 102 Stat. 4404 (http://uscode.house.gov/statviewer.htm?
volume=102&page=4404); Pub. L. 101–647, title XVII, § 1702(b)(1)
(http://thomas.loc.gov/cgi-bin/bdquery/L?d101:./list/bd/d101pl.lst:647
(Public_Laws)), title XXII, §§ 2201, 2202, 2204(b), title XXXV, § 3524,
Nov. 29, 1990, 104 Stat. 4844
(http://uscode.house.gov/statviewer.htm?volume=104&page=4844),
4856, 4857, 4924; Pub. L. 103–159, title I, § 102(a)(1)
(http://thomas.loc.gov/cgi-bin/bdquery/L?d103:./list/bd/d103pl.lst:159
(Public_Laws)), (b), title III, § 302(a)–(c), Nov. 30, 1993, 107 Stat. 1536
(http://uscode.house.gov/statviewer.htm?volume=107&page=1536),
1539, 1545; Pub. L. 103–322, title XI (http://thomas.loc.gov/cgi-

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bin/bdquery/L?d103:./list/bd/d103pl.lst:322(Public_Laws)), §§ 110102
(a), 110103(a), 110105(2), 110106, 110201(a), 110401(b), (c), 110511,
110514, title XXXII, §§ 320904, 320927, title XXXIII, § 330011(i), Sept.
13, 1994, 108 Stat. 1996 (http://uscode.house.gov/statviewer.htm?
volume=108&page=1996), 1998, 2000, 2010, 2014, 2019, 2125, 2131,
2145; Pub. L. 104–208, div. A, title I, § 101(f)
(http://www.gpo.gov/fdsys/pkg/PLAW-104publ208/html/PLAW104publ208.htm) [title VI, §§ 657, 658(b)], Sept. 30, 1996, 110 Stat.
3009–314 (http://uscode.house.gov/statviewer.htm?
volume=110&page=3009-314), 3009–369, 3009–372; Pub. L. 104
–294, title VI, § 603(b) (http://www.gpo.gov/fdsys/pkg/PLAW104publ294/html/PLAW-104publ294.htm), (c)(1), (d)–(f)(1), (g), Oct.
11, 1996, 110 Stat. 3503 (http://uscode.house.gov/statviewer.htm?
volume=110&page=3503), 3504; Pub. L. 105–277, div. A, § 101(b)
(http://www.gpo.gov/fdsys/pkg/PLAW-105publ277/html/PLAW105publ277.htm) [title I, § 121], Oct. 21, 1998, 112 Stat. 2681–50
(http://uscode.house.gov/statviewer.htm?volume=112&page=2681-50),
2681–71; Pub. L. 107–273, div. B, title IV, § 4003(a)(1)
(http://www.gpo.gov/fdsys/pkg/PLAW-107publ273/html/PLAW107publ273.htm), Nov. 2, 2002, 116 Stat. 1811
(http://uscode.house.gov/statviewer.htm?volume=116&page=1811);
Pub. L. 107–296, title XI, § 1112(f)(4)
(http://www.gpo.gov/fdsys/pkg/PLAW-107publ296/html/PLAW107publ296.htm), (6), Nov. 25, 2002, 116 Stat. 2276
(http://uscode.house.gov/statviewer.htm?volume=116&page=2276);
Pub. L. 109–92 (http://www.gpo.gov/fdsys/pkg/PLAW109publ92/html/PLAW-109publ92.htm), §§ 5(c)(1), 6(a), Oct. 26, 2005,
119 Stat. 2099 (http://uscode.house.gov/statviewer.htm?
volume=119&page=2099), 2101.)

[1] So in original. Probably should be followed with “and”.
[2] So in original. The word “who” probably should not appear.
[3] So in original. Probably should be followed by “of”.
[4] See References in Text note below.

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