18 USC 925 (d) Exceptions for Relief from Disabilities

§ 925

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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(c) and 110103(c) 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L. 103–322 repealed 10 years after Sept. 13, 1994, see section 110105(2) of Pub.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.
Pub. L. 103–322, title XXXIII, § 330011(i), Sept. 13, 1994,
108 Stat. 2145, provided that the amendment made by
that section is effective as of the date on which section
3528 of Pub. L. 101–647 took effect.
Pub. L. 103–322, title XXXIII, § 330011(j), Sept. 13, 1994,
108 Stat. 2145, provided that the amendment made by
that section is effective as of the date on which section
3527 of Pub. L. 101–647 took effect.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 1702(b)(3) of Pub. L. 101–647 applicable to conduct engaged in after end of 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.
Pub. L. 101–647, title XXII, § 2203(d), Nov. 29, 1990, 104
Stat. 4857, provided that the amendment by that section is effective with respect to any offense committed
after Nov. 1, 1987.
EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET
PROVISION
Amendment by section 2(b) of Pub. L. 100–649 effective 30th day beginning after Nov. 10, 1988, and amendment by section 2(f)(2)(B), (D) effective 35 years after
such effective date, see section 2(f) of Pub. L. 100–649, as
amended, set out as a note under section 922 of this
title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–308 effective 180 days after
May 19, 1986, see section 110(a) of Pub. L. 99–308, set out
as a note under section 921 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 223(a) of Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see
section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–618 effective Dec. 16, 1968,
see section 105 of Pub. L. 90–618, set out as a note under
section 921 of this title.
EFFECTIVE DATE
Section effective 180 days after June 19, 1968, see section 907 of Pub. L. 90–351, set out as a note under section 921 of this title.

§ 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

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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

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Page 251

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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 751 of title 10;
(2) is an unserviceable firearm, other than a
machinegun as defined in section 5845(b) of the
Internal Revenue Code of 1986 (not readily restorable to firing condition), imported or
brought in as a curio or museum piece;
(3) is of a type that does not fall within the
definition of a firearm as defined in section
5845(a) of the Internal Revenue Code of 1986
and is generally recognized as particularly
suitable for or readily adaptable to sporting
purposes, excluding surplus military firearms,
except in any case where the Attorney General
has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel
of such firearm which would be prohibited if
assembled; or
(4) was previously taken out of the United
States or a possession by the person who is
bringing in the firearm or ammunition.
The Attorney General shall permit the conditional importation or bringing in of a firearm or
ammunition for examination and testing in connection with the making of a determination as
to whether the importation or bringing in of
such firearm or ammunition will be allowed
under this subsection.
(e) Notwithstanding any other provision of
this title, the Attorney General shall authorize
the importation of, by any licensed importer,
the following:
(1) All rifles and shotguns listed as curios or
relics by the Attorney General pursuant to
section 921(a)(13), and
(2) All handguns, listed as curios or relics by
the Attorney General pursuant to section
921(a)(13), provided that such handguns are
generally recognized as particularly suitable
for or readily adaptable to sporting purposes.

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§ 925

(f) The Attorney General shall not authorize,
under subsection (d), the importation of any
firearm the importation of which is prohibited
by section 922(p).
(Added Pub. L. 90–351, title IV, § 902, June 19,
1968, 82 Stat. 233; amended Pub. L. 90–618, title I,
§ 102, Oct. 22, 1968, 82 Stat. 1224; Pub. L. 98–573,
title II, § 233, Oct. 30, 1984, 98 Stat. 2991; Pub. L.
99–308, § 105, May 19, 1986, 100 Stat. 459; Pub. L.
99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
100–649, § 2(c), (f)(2)(C), (E), Nov. 10, 1988, 102 Stat.
3817, 3818; Pub. L. 101–647, title XXII, § 2203(b),
(c), Nov. 29, 1990, 104 Stat. 4857; Pub. L. 104–106,
div. A, title XVI, § 1624(b)(3), Feb. 10, 1996, 110
Stat. 522; Pub. L. 104–208, div. A, title I, § 101(f)
[title VI, § 658(d)], Sept. 30, 1996, 110 Stat.
3009–314, 3009–372; Pub. L. 104–294, title VI,
§ 607(c), Oct. 11, 1996, 110 Stat. 3511; Pub. L.
107–296, title XI, § 1112(f)(6), Nov. 25, 2002, 116
Stat. 2276; Pub. L. 108–174, § 1(3), Dec. 9, 2003, 117
Stat. 2481; Pub. L. 115–232, div. A, title VIII,
§ 809(e)(3), Aug. 13, 2018, 132 Stat. 1842.)
AMENDMENT OF SECTION
Pub. L. 100–649, § 2(f)(2)(C), (E), Nov. 10, 1988,
102 Stat. 3818, as amended by Pub. L. 105–277,
div. A, § 101(h) [title VI, § 649], Oct. 21, 1998, 112
Stat. 2681–480, 2681–528; Pub. L. 108–174, § 1(1),
(3), Dec. 9, 2003, 117 Stat. 2481; Pub. L. 113–57,
§ 1, Dec. 9, 2013, 127 Stat. 656, provided that, effective 35 years after the 30th day beginning
after Nov. 10, 1988, subsection (a) of this section
is amended by striking ‘‘and provisions relating
to firearms subject to the prohibitions of section
922(p)’’ in par. (1), striking ‘‘, except for provisions relating to firearms subject to the prohibitions of section 922(p),’’ in par. (2), and striking
‘‘except for provisions relating to firearms subject to the prohibitions of section 922(p),’’ in
pars. (3) and (4) and subsection (f) of this section is repealed.
Editorial Notes
REFERENCES IN TEXT
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, referred to in subsec. (a)(2)(A), means section 4308 of Title
10, Armed Forces, prior to repeal by section 1624(a)(1) of
Pub. L. 104–106, div. A, title XVI, Feb. 10, 1996, 110 Stat.
522.
Section 5845(b) of the Internal Revenue Code of 1986,
referred to in subsec. (d)(2), is classified to section
5845(b) of Title 26, Internal Revenue Code.
Section 5845(a) of the Internal Revenue Code of 1986,
referred to in subsec. (d)(3), is classified to section
5845(a) of Title 26.
AMENDMENTS
2018—Subsec. (d)(1). Pub. L. 115–232 substituted ‘‘chapter 751 of title 10’’ for ‘‘chapter 401 of title 10’’.
2002—Subsecs. (a), (c) to (f). Pub. L. 107–296, which directed amendment of this section by substituting ‘‘Attorney General’’ for ‘‘Secretary’’ wherever appearing,
was executed by making the substitution wherever appearing in subsecs. (a)(4) and (c) to (f), by not making
the substitution for ‘‘Secretary of the Army’’ in subsec.
(a)(2), and by substituting ‘‘Attorney General’’ for
‘‘Secretary of the Treasury’’ in subsec. (a)(3), to reflect
the probable intent of Congress.
1996—Subsec. (a)(1). Pub. L. 104–208 inserted ‘‘sections
922(d)(9) and 922(g)(9) and’’ after ‘‘except for’’.
Subsec. (a)(2)(A). Pub. L. 104–106 inserted ‘‘before the
repeal of such section by section 1624(a) of the Corpora-

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§ 925A

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

tion for the Promotion of Rifle Practice and Firearms
Safety Act’’ after ‘‘section 4308 of title 10’’.
Subsec. (a)(5). Pub. L. 104–294 substituted ‘‘For the
purpose of paragraph (3)’’ for ‘‘For the purpose of paragraphs (3) and (4)’’.
1990—Subsec. (a)(1). Pub. L. 101–647, § 2203(b), inserted
‘‘possession,’’ before ‘‘or importation’’.
Subsec. (c). Pub. L. 101–647, § 2203(c), substituted ‘‘regarding the disability’’ for ‘‘regarding the conviction’’
and ‘‘barred by such disability’’ for ‘‘barred by such
conviction’’ and struck out ‘‘by reason of such a conviction’’ after ‘‘incurred under this chapter’’.
1988—Subsec. (a). Pub. L. 100–649, § 2(c)(1), inserted
‘‘, except for provisions relating to firearms subject to
the prohibitions of section 922(p),’’ after ‘‘chapter’’ in
pars. (1) to (4).
Subsec. (f). Pub. L. 100–649, § 2(c)(2), added subsec. (f).
1986—Subsec. (c). Pub. L. 99–308, § 105(1), substituted
‘‘is prohibited from possessing, shipping, transporting,
or receiving firearms or ammunition’’ for ‘‘has been
convicted of a crime punishable by imprisonment for a
term exceeding one year (other than a crime involving
the use of a firearm or other weapon or a violation of
this chapter or of the National Firearms Act)’’ and
‘‘shipment, transportation, or possession of firearms,
and’’ for ‘‘shipment, or possession of firearms and incurred by reason of such conviction, and’’ and inserted
provision that any person whose application for relief
has been denied may file for judicial relief of such denial and that the court may admit additional evidence
to avoid a miscarriage of justice.
Subsec. (d). Pub. L. 99–308, § 105(2)(A), (B), (D), in provision preceding par. (1) substituted ‘‘shall authorize’’
for ‘‘may authorize’’ and struck out ‘‘the person importing or bringing in the firearm or ammunition establishes to the satisfaction of the Secretary that’’
after ‘‘thereof if’’, and in provision following par. (4)
substituted ‘‘shall permit’’ for ‘‘may permit’’.
Subsec. (d)(2). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’.
Subsec. (d)(3). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’.
Pub. L. 99–308, § 105(2)(C), inserted ‘‘except in any case
where the Secretary has not authorized the importation of the firearm pursuant to this paragraph, it shall
be unlawful to import any frame, receiver, or barrel of
such firearm which would be prohibited if assembled’’.
1984—Subsec. (e). Pub. L. 98–573 added subsec. (e).
1968—Subsec. (a). Pub. L. 90–618 redesignated existing
provisions as par. (1), made minor changes in phraseology, and added pars. (2) to (5).
Subsec. (b). Pub. L. 90–618 added licensed collectors to
the enumerated list of licensees.
Subsec. (c). Pub. L. 90–618 substituted ‘‘imposed by
Federal laws with respect to the acquisition, receipt,
transfer, shipment, or possession of firearms and’’ for
‘‘under this chapter’’, ‘‘to act in a manner dangerous to
public safety’’ for ‘‘to conduct his operations in an unlawful manner,’’ and ‘‘licensed importer, licensed manufacturer, licensed dealer, or licensed collector’’ for ‘‘licensee’’.
Subsec. (d). Pub. L. 90–618 made minor changes in
phraseology, subjected ammunition to the authority of
the Secretary in text preceding par. (1), substituted
‘‘section 5845(b)’’ for ‘‘section 5848(2)’’ in par. (2), substituted ‘‘section 5845(a)’’ for ‘‘section 5848(1)’’ and ‘‘excluding surplus military firearms’’ for ‘‘and in the case
of surplus military firearms is a rifle or shotgun’’ in
par. (3), inserted ‘‘or ammunition’’ after ‘‘the firearm’’
in par. (4), and authorized the Secretary to permit the
importation of ammunition for examination and testing in text following par. (4).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and

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special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of Title 10, Armed Forces.
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
Pub. L. 104–106, div. A, title XVI, § 1624(c), Feb. 10,
1996, 110 Stat. 522, provided that: ‘‘The amendments
made by this section [amending this section and sections 4313 and 4316 of Title 10, Armed Forces, and repealing sections 4307, 4308, 4310, and 4311 of Title 10]
shall take effect on the earlier of—
‘‘(1) the date on which the Secretary of the Army
submits a certification in accordance with section
1623 [former 36 U.S.C. 5523]; or
‘‘(2) October 1, 1996.’’
EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET
PROVISION
Amendment by section 2(c) of Pub. L. 100–649 effective
30th day beginning after Nov. 10, 1988, and amendment
by section 2(f)(2)(C), (E) effective 35 years after such effective date, see section 2(f) of Pub. L. 100–649, as
amended, set out as a note under section 922 of this
title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–308 applicable to any action, petition, or appellate proceeding pending on May
19, 1986, see section 110(b) of Pub. L. 99–308, set out as
a note under section 921 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–573 effective 15th day after
Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set
out as a note under section 1304 of Title 19, Customs
Duties.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–618 effective Dec. 16, 1968,
except subsecs. (a)(1) and (d) effective Oct. 22, 1968, see
section 105 of Pub. L. 90–618, set out as a note under section 921 of this title.
EFFECTIVE DATE
Section effective 180 days after June 19, 1968, see section 907 of Pub. L. 90–351, set out as a note under section 921 of this title.

§ 925A. Remedy for erroneous denial of firearm
Any person denied a firearm pursuant to subsection (s) or (t) of section 922—
(1) due to the provision of erroneous information relating to the person by any State or
political subdivision thereof, or by the national instant criminal background check system established under section 103 of the Brady
Handgun Violence Prevention Act; or
(2) who was not prohibited from receipt of a
firearm pursuant to subsection (g) or (n) of
section 922,
may bring an action against the State or political subdivision responsible for providing the erroneous information, or responsible for denying
the transfer, or against the United States, as the
case may be, for an order directing that the erroneous information be corrected or that the
transfer be approved, as the case may be. In any
action under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.

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