II. Laws
G. Federal Fireams Laws
3. The Gun Control Act of 1968
Typed by James Bardwell (bardwell@netcom.com)
TITLE 18, United States Code
The Gun Control Act
Sec. 921. Definitions
(a) As used in this chapter -
(1) The term "person" and the term "whoever" include any
individual, corporation, company, association, firm,
partnership, society, or joint stock company.
(2) The term "interstate or foreign commerce" includes
commerce between any place in a State and any place outside of
that State, or within any possession of the United States (not
including the Canal Zone) or the District of Columbia, but
such term does not include commerce between places within the
same State but through any place outside of that State. The
term "State" includes the District of Columbia, the
Commonwealth of Puerto Rico, and the possessions of the United
States (not including the Canal Zone).
(3) The term "firearm" means
(A) any weapon (including a starter gun) which will or is
designed to or may readily be converted to expel a
projectile by the action of an explosive;
(B) the frame or receiver of any such weapon;
(C) any firearm muffler or firearm silencer; or
(D) any destructive device. Such term does not include
an antique firearm.
(4) The term "destructive device" means -
(A) any explosive, incendiary, or poison gas -
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more
than four ounces,
(iv) missile having an explosive or incendiary
charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described
in the preceding clauses;
(B) any type of weapon (other than a shotgun or a shotgun
shell which the Secretary finds is generally recognized
as particularly suitable for sporting purposes) by
whatever name known which will, or which may be readily
converted to, expel a projectile by the action of an
explosive or other propellant, and which has any barrel
with a bore of more than one-half inch in diameter; and
(C) any combination of parts either designed or intended
for use in converting any device into any destructive
device described in subparagraph (A) or (B) and from
which a destructive device may be readily assembled.
The term "destructive device" shall not include any
device which is neither designed nor redesigned for use
as a weapon; any device, although originally designed for
use as a weapon, which is redesigned for use as a
signaling, pyrotechnic, line throwing, safety, or similar
device; surplus ordnance sold, loaned, or given by the
Secretary of the Army pursuant to the provisions of
section 4684(2), 4685, or 4686 of title 10; or any other
device which the Secretary of the Treasury finds is not
likely to be used as a weapon, is an antique, or is a
rifle which the owner intends to use solely for sporting,
recreational or cultural purposes.
(5) The term "shotgun" means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of
the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
(6) The term "short-barreled shotgun" means a shotgun having
one or more barrels less than eighteen inches in length and
any weapon made from a shotgun (whether by alteration,
modification or otherwise) if such a weapon as modified has an
overall length of less than twenty-six inches.
(7) The term "rifle" means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of
the explosive in a fixed metallic cartridge to fire only a
single projectile through a rifled bore for each single pull
of the trigger.
(8) The term "short-barreled rifle" means a rifle having one
or more barrels less than sixteen inches in length and any
weapon made from a rifle (whether by alteration, modification,
or otherwise) if such weapon, as modified, has an overall
length of less than twenty-six inches.
(9) The term "importer" means any person engaged in the
business of importing or bringing firearms or ammunition into
the United States for purposes of sale or distribution; and
the term "licensed importer" means any such person licensed
under the provisions of this chapter.
(10) The term "manufacturer" means any person engaged in the
business of manufacturing firearms or ammunition for purposes
of sale or distribution; and the term "licensed manufacturer"
means any such person licensed under the provisions of this
chapter.
(11) The term "dealer" means
(A) any person engaged in the business of selling
firearms at wholesale or retail,
(B) any person engaged in the business of repairing
firearms or of making or fitting special barrels, stocks,
or trigger mechanisms to firearms, or
(C) any person who is a pawnbroker. The term "licensed
dealer" means any dealer who is licensed under the
provisions of this chapter.
(12) The term "pawnbroker" means any person whose business or
occupation includes the taking or receiving, by way of pledge
or pawn, of any firearm as security for the payment or
repayment of money.
(13) The term "collector" means any person who acquires,
holds, or disposes of firearms as curios or relics, as the
Secretary shall by regulation define, and the term "licensed
collector" means any such person licensed under the provisions
of this chapter.
(14) The term "indictment" includes an indictment or
information in any court under which a crime punishable by
imprisonment for a term exceeding one year may be prosecuted.
(15) The term "fugitive from justice" means any person who has
fled from any State to avoid prosecution for a crime or to
avoid giving testimony in any criminal proceeding.
(16) The term "antique firearm" means -
(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition
system) manufactured in or before 1898; and
(B) any replica of any firearm described in subparagraph
(A) if such replica -
(i) is not designed or redesigned for using rimfire
or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed
ammunition which is no longer manufactured in the
United States and which is not readily available in
the ordinary channels of commercial trade.
(17)(A) The term "ammunition" means ammunition or cartridge
cases, primers, bullets, or propellent powder designed for use
in any firearm.
(B) The term "armor piercing ammunition" means-
(i) a projectile or projectile core which may be
used in a handgun and which is constructed entirely
(excluding the presence of traces of other
substances) from one or a combination of tungsten
alloys, steel, iron, brass, bronze, beryllium
copper, or depleted uranium; or
(ii) a full jacketed projectile larger than .22
caliber designed and intended for use in a handgun
and whose jacket has a weight of more than 25
percent of the total weight of the projectile.
(C) The term "armor piercing ammunition" does not include
shotgun shot required by Federal or State environmental
or game regulations for hunting purposes, a frangible
projectile designed for target shooting, a projectile
which the Secretary finds is primarily intended to be
used for sporting purposes, or any other projectile or
projectile core which the Secretary finds is intended to
be used for industrial purposes, including a charge used
in an oil and gas well perforating device.
(18) The term "Secretary" or "Secretary of the Treasury" means
the Secretary of the Treasury or his delegate.
(19) The term "published ordinance" means a published law of
any political subdivision of a State which the Secretary
determines to be relevant to the enforcement of this chapter
and which is contained on a list compiled by the Secretary,
which list shall be published in the Federal Register, revised
annually, and furnished to each licensee under this chapter.
(20) The term "crime punishable by imprisonment for a term
exceeding one year" does not include -
(A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade,
or other similar offenses relating to the regulation of
business practices, or
(B) any State offense classified by the laws of the State
as a misdemeanor and punishable by a term of imprisonment
of two years or less. What constitutes a conviction of
such a crime shall be determined in accordance with the
law of the jurisdiction in which the proceedings were
held. Any conviction which has been expunged, or set
aside or for which a person has been pardoned or has had
civil rights restored shall not be considered a
conviction for purposes of this chapter, unless such
pardon, expungement, or restoration of civil rights
expressly provides that the person may not ship,
transport, possess, or receive firearms.
(21) The term "engaged in the business" means -
(A) as applied to a manufacturer of firearms, a person
who devotes time, attention, and labor to manufacturing
firearms as a regular course of trade or business with
the principal objective of livelihood and profit through
the sale or distribution of the firearms manufactured;
(B) as applied to a manufacturer of ammunition, a person
who devotes time, attention, and labor to manufacturing
ammunition as a regular course of trade or business with
the principal objective of livelihood and profit through
the sale or distribution of the ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in
section 921(a)(11)(A), a person who devotes time,
attention, and labor to dealing in firearms as a regular
course of trade or business with the principal objective
of livelihood and profit through the repetitive purchase
and resale of firearms, but such term shall not include
a person who makes occasional sales, exchanges, or
purchases of firearms for the enhancement of a personal
collection or for a hobby, or who sells all or part of
his personal collection of firearms;
(D) as applied to a dealer in firearms, as defined in
section 921(a)(11)(B), a person who devotes time,
attention, and labor to engaging in such activity as a
regular course of trade or business with the principal
objective of livelihood and profit, but such term shall
not include a person who makes occasional repairs of
firearms, or who occasionally fits special barrels,
stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person who
devotes time, attention, and labor to importing firearms
as a regular course of trade or business with the
principal objective of livelihood and profit through the
sale or distribution of the firearms imported; and
(F) as applied to an importer of ammunition, a person who
devotes time, attention, and labor to importing
ammunition as a regular course of trade or business with
the principal objective of livelihood and profit through
the sale or distribution of the ammunition imported.
(22) The term "with the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection: Provided, That proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for criminal
purposes or terrorism. For purposes of this paragraph, the
term "terrorism" means activity, directed against United
States persons, which -
(A) is committed by an individual who is not a national
or permanent resident alien of the United States;
(B) involves violent acts or acts dangerous to human life
which would be a criminal violation if committed within
the jurisdiction of the United States; and
(C) is intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by
assassination or kidnaping.
(23) The term "machinegun" has the meaning given such term
insection 5845(b) of the National Firearms Act (26 U.S.C.
5845(b)).
(24) The terms "firearm silencer" and "firearm muffler" mean
any device for silencing, muffling, or diminishing the report
of a portable firearm, including any combination of parts,
designed or redesigned, and intended for use in assembling or
fabricating a firearm silencer or firearm muffler, and any
part intended only for use in such assembly or fabrication.
(25) The term "school zone" means -
(A) in, or on the grounds of, a public, parochial or
private school; or
(B) within a distance of 1,000 feet from the grounds of
a public, parochial or private school.
(26) The term "school" means a school which provides
elementary or secondary education, as determined under State
law.
(27) The term "motor vehicle" has the meaning given such term
in section 10102 of title 49, United States Code.
(28) The term "semiautomatic rifle" means any repeating rifle
which utilizes a portion of the energy of a firing cartridge
to extract the fired cartridge case and chamber the next
round, and which requires a separate pull of the trigger to
fire each cartridge.
(29) The term "handgun" means -
(A) a firearm which has a short stock and is designed to
be held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.
(30) The term "semiautomatic assault weapon" means-
(A) any of the firearms, or copies or duplicates of the
firearms in any caliber, known as-
(i) Norinco, Mitchell, and Poly Technologies
Avtomat Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI
and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or
similar to) the Street Sweeper and Striker 12;
(B) a semiautomatic rifle that has an ability to accept
a detachable magazine and has at least 2 of-
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously
beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed
to accommodate a flash suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to accept
a detachable magazine and has at least 2 of-
(i) an ammunition magazine that attaches to the
pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a
barrel extender, flash suppressor, forward
handgrip, or silencer;
(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits
the shooter to hold the firearm with the nontrigger
hand without being burned;
(iv) a manufactured weight of 50 ounces or more
when the pistol is unloaded; and
(v) a semiautomatic version of an automatic
firearm; and
(D) a semiautomatic shotgun that has at least 2 of-
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously
beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5
rounds; and
(iv) an ability to accept a detachable magazine.
(31) The term "large capacity ammunition feeding device"-
(A) means a magazine, belt, drum, feed strip, or similar
device manufactured after the date of enactment of the
Violent Crime Control and Law Enforcement Act of 1994
that has a capacity of, or that can be readily restored
or converted to accept, more than 10 rounds of
ammunition; but
(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22
caliber rimfire ammunition.
(32) The term "intimate partner" means, with respect to a
person, the spouse of the person, a former spouse of the
person, an individual who is a parent of a child of the
person, and an individual who cohabitates or has cohabited
with the person.
(b) For the purposes of this chapter, a member of the Armed
Forces on active duty is a resident of the State in which his
permanent duty station is located.
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 fire arm
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 to 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
Secretary 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, except that this paragraph shall not apply to -
(A) the manufacture or importation of such ammunition for
the use of the United States or any department or agency
thereof or any State or any department, agency, or
political subdivision thereof;
(B) the manufacture of such ammunition for the purpose of
exportation; and
(C) any manufacture or importation for the purposes of
testing or experimentation authorized by the Secretary;
(8) for any manufacturer or importer to sell or deliver armor
piercing ammunition, except that this paragraph shall not
apply to -
(A) the sale or delivery by a manufacturer or importer of
such ammunition for use of the United States or any
department or agency thereof or any State or any
department, agency, or political subdivision thereof;
(B) the sale or delivery by a manufacturer or importer of
such ammunition for the purpose of exportation;
(C) the sale or delivery by a manufacturer or importer of
such ammunition for the purposes of testing or
experimenting authorized by the Secretary; 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 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 Secretary 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
Secretary.
(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
Secretary, 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, is illegally or unlawfully in the
United States;
(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; or
(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.
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, is illegally or unlawfully in the
United States;
(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; or
(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,
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 firearms 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 Secretary, 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 Secretary
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 Secretary 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 Secretary
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 Secretary 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 Secretary 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.
[NOTE: Subsection (q) was found to be unconstitutional by the US
Supreme Court, in U.S. v. Lopez, ___ U.S. ___ (1995).]
(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 Judiciary Committee of the House of
Representatives and Judiciary Committee of the Senate;
(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) Congress has 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 at a place that the individual knows, or has
reasonable cause to believe, is a school zone.
(B) Subparagraph (A) shall 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
obtain 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) which is -
(I) not loaded; and
(II) in a locked container, or a locked
firearms rack which 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 at a place that the person knows is a
school zone.
(B) Subparagraph (A) shall 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 Secretary.
(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 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 Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
(F) on application of the transferor, the Secretary 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)) 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;
(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 is illegally or unlawfully
in the United States;
(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 Secretary 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)(1) of this title) of the
transferee containing a photograph of the transferee.
(2) If receipt of a firearm would not violate section 922(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 Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
(C) on application of the transferor, the Secretary 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 Secretary 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)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
(2) Paragraph (1) shall not apply to the possession or
transfer of any semiautomatic assault weapon otherwise
lawfully possessed under Federal law on the date of the
enactment of this subsection.
(3) Paragraph (1) shall not apply to-
(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as
such firearms were manufactured on October 1, 1993;
(B) any firearm that-
(i) is manually operated by bolt, pump, lever, or
slide action;
(ii) has been rendered permanently inoperable; or
(iii) is an antique firearm;
(C) any semiautomatic rifle that cannot accept a
detachable magazine that holds more than 5 rounds of
ammunition; or
(D) any semiautomatic shotgun that cannot hold more than
5 rounds of ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall
not be construed to mean that paragraph (1) applies to
such firearm. No firearm exempted by this subsection may
be deleted from Appendix A so long as this subsection is
in effect.
(4) Paragraph (1) shall not apply to-
(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State, or a transfer to or possession by
a law enforcement officer employed by such an entity for
purposes of law enforcement (whether on or off duty);
(B) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing
and maintaining an on-site physical protection system and
security organization required by Federal law, or
possession by an employee or contractor of such licensee
on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear
materials;
(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not
otherwise prohibited from receiving a firearm, of a
semiautomatic assault weapon transferred to the
individual by the agency upon such retirement; or
(D) the manufacture, transfer, or possession of a
semiautomatic assault weapon by a licensed manufacturer
or licensed importer for the purposes of testing or
experimentation authorized by the Secretary.
(w)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or possess a large capacity ammunition
feeding device.
(2) Paragraph (1) shall not apply to the possession or
transfer of any large capacity ammunition feeding device
otherwise lawfully possessed on or before the date of the
enactment of this subsection.
(3) This subsection shall not apply to-
(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State, or a transfer to or possession by
a law enforcement officer employed by such an entity for
purposes of law enforcement (whether on or off duty);
(B) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing
and maintaining an on-site physical protection system and
security organization required by Federal law, or
possession by an employee or contractor of such licensee
on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear
materials;
(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not
otherwise prohibited from receiving ammunition, of a
large capacity ammunition feeding device transferred to
the individual by the agency upon such retirement; or
(D) the manufacture, transfer, or possession of any large
capacity ammunition feeding device by a licensed
manufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Secretary.
(4) If a person charged with violating paragraph (1) asserts
that paragraph (1) does not apply to such person because of
paragraph (2) or (3), the Government shall have the burden of
proof to show that such paragraph (1) applies to such person.
The lack of a serial number as described in section 923(i) of
title 18, United States Code, shall be a presumption that the
large capacity ammunition feeding device is not subject to the
prohibition of possession in paragraph (1).
(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.
APPENDIX A
CENTERFIRE RIFLES-AUTOLOADERS
Browning BAR Mark II Safari Semi-Auto Rifle
Browning BAR Mark II Safari Magnum Rifle
Browning High-Power Rifle
Heckler & Koch Model 300 Rifle
Iver Johnson M-1 Carbine
Iver Johnson 50th Anniversary M-1 Carbine
Marlin Model 9 Camp Carbine
Marlin Model 45 Carbine
Remington Nylon 66 Auto-Loading Rifle
Remington Model 7400 Auto Rifle
Remington Model 7400 Rifle
Remington Model 7400 Special Purpose Auto Rifle
Ruger Mini-14 Autoloading Rifle (w/o folding stock)
Ruger Mini Thirty Rifle
CENTERFIRE RIFLES-LEVER & SLIDE
BROWNING MODEL 81 BLR Lever-Action Rifle
Browning Model 81 Long Action BLR
Browning Model 1886 Lever-Action Carbine
Browning Model 1886 High Grade Carbine
Cimarron 1860 Henry Replica
Cimarron 1866 Winchester Replicas
Cimarron 1873 Short Rifle
Cimarron 1873 Sporting Rifle
Cimarron 1873 30" Express Rifle
Dixie Engraved 1873 Rifle
E.M.F. 1866 Yellowboy Lever Actions
E.M.F. 1860 Henry Rifle
E.M.F. Model 73 Lever-Action Rifle
Marlin Model 336CS Lever-Action Carbine
Marlin Model 30AS Lever-Action Carbine
Marlin Model 444SS Lever-Action Sporter
Marlin Model 1894S Lever-Action Carbine
Marlin Model 1894CS Carbine
Marlin Model 1894CL Classic
Marlin Model 1895SS Lever-Action Rifle
Mitchell 1858 Henry Replica
Mitchell 1866 Winchester Replica
Mitchell 1873 Winchester Replica
Navy Arms Military Henry Rifle
Navy Arms Henry Trapper
Navy Arms Iron Frame Henry
Navy Arms Henry Carbine
Navy Arms 1866 Yellowboy Rifle
Navy Arms 1873 Winchester-Style Rifle
Navy Arms 1873 Sporting Rifle
Remington 7600 Slide Action
Remington Model 7600 Special Purpose Slide Action
Rossi M92 SRC Saddle-Ring Carbine
Rossi M92 SRS Short Carbine
Savage 99C Lever-Action Rifle
Uberti Henry Rifle
Uberti 1866 Sporting Rilfe
Uberti 1873 Sporting Rifle
Winchester Model 94 Side Eject Lever-Action Rifle
Winchester Model 94 Trapper Side Eject
Winchester Model 94 Big Bore Side Eject
Winchester Model 94 Ranger Side Eject Lever-Action Rifle
Winchester Model 94 Wrangler Side Eject
CENTERFIRE RIFLES-BOLT ACTION
Alpine Bolt-Action Rifle A-Square Caesar Bolt-Action Rifle
A-Square Hannibal Bolt-Action Rifle
Anschutz 1700D ClassicRifles
Anschutz 1700D Custom Rifles
Anschutz 1700D Bavarian Bolt-Action Rifle
Anschutz 1733D Mannlicher Rifle
Barret Model 90 Bolt-Action Rifle
Beeman/HW 60J Bolt-Action Rifle
Blaser R84 Bolt-Action Rifle
BRNO 537 Sporter Bolt-Action Rifle
BRNO ZKB 527 Fox Bolt-Action Rifle
BRNO ZKK 600, 601, 602 Bolt-Action Rifles
Browning A-Bolt Rifle
Browning A-Bolt Stainless Stalker
Browning A-Bolt Left Hand Browning A-Bolt Short Action
Browning Euro-Bolt Rifle
Browning A-Bolt Gold Medallion
Browning A-Bolt Micro Medallion
Century Centurion 14 Sporter
Century Enfield Sporter #4
Century Swedish Sporter #38
Century Mauser 98 Sporter
Cooper Model 38 Centerfire Sporter
Dakota 22 Sporter Bolt-Action Rifle
Dakota 76 Classic Bolt-Action Rifle
Dakota 76 Short Action Rifles
Dakota 76 Safari Bolt-Action Rifle
Dakota 416 Rigby African
E.A.A./Sabatti Rover 870 Bolt-Action Rifle
Auguste Francotte Bolt-Action Rifles
Carl Gustaf 2000 Bolt-Action Rifle
Heym Magnum Express Series Rifle
Howa Lightning Bolt-Action Rifle
Howa Realtree Camo Rifle
Interarms Mark X Viscount Bolt-Action Rifle
Interarms Mini-Mark X Rifle
Interarms Mark X Whitworth Bolt-Action Rifle
Interarms Whitworth Express Rifle
Iver Johnson Model 5100A1 Long-Range Rifle
KDF K15 American Bolt-Action Rifle
Krico Model 600 Bolt-Action Rifle
Krico Model 700 Bolt-Action Rifles
Mauser Model 66 Bolt-Action Rifle
Mauser Model 99 Bolt-Action Rifle
McMillan Signature Classic Sporter
McMillan Signature Super Varminter
McMillan Signature Alaskan
McMillan Signature Titanium Mountain Rifle
McMillan Classic Stainless Sporter
McMillan Talon Safari Rifle
McMillan Talon Sporter Rifle
Midland 1500S Survivor Rifle
Navy Arms TU-33/40Carbine
Parker-Hale Model 81 Classic Rifle
Parker-Hale Model 81 Classic African Rifle
Parker-Hale Model 1000 Rifle
Parker-Hale Model 1100M African Magnum
Parker-Hale Model 1100 Lightweight Rifle
Parker-Hale Model 1200 Super Rifle
Parker-Hale Model 1200 Super Clip Rifle
Parker-Hale Model 1300C Scout Rifle
Parker-Hale Model 2100 Midland Rifle
Parker-Hale Model 2700 Lightweight Rifle
Parker-Hale Model 2800 Midland Rifle
Remington Model Seven Bolt-Action Rifle
Remington Model Seven Youth Rifle
Remington Model Seven Custom KS
Remington Model Seven Custom MS Rifle
Remington 700 ADL Bolt-Action Rifle
Remington 700 BDL Bolt-Action Rifle
Remington 700 BDL Varmint Special
Remington 700 BDL European Bolt-Action Rifle
Remington 700 Varmint Synthetic Rifle
Remington 700 BDL SS Rifle
Remington 700 Stainless Synthetic Rifle
Remington 700 MTRSS Rifle
Remington 700 BDL Left Hand
Remington 700 Camo Synthetic Rifle
Remington 700 Safari
Remington 700 Mountain Rifle
Remington 700 Custom KS Mountain Rifle
Remington 700 Classic Rifle
Ruger M77 Mark II Rifle
Ruger M77 Mark II Magnum Rifle
Ruger M77RL Ultra Light
Ruger M77 Mark II All-Weather Stainless Rifle
Ruger M77 RSI International Carbine
Ruger M77 Mark II Express Rifle
Ruger M77VT Target Rifle Sako Hunter Rifle
Sako Fiberclass Sporter
Sako Safari Grade Bolt Action
Sako Hunter Left-Hand Rifle
Sako Classic Bolt Action
Sako Hunter LS Rifle
Sako Deluxe Lightweight
Sako Super Deluxe Sporter
Sako Mannlicher-Style Carbine
Sako Varmint Heavy Barrel
Sako TRG-S Bolt-Action Rifle
Sauer 90 Bolt-Action Rifle
Savage 110G Bolt-Action Rifle
Savage 110CY Youth/Ladies Rifle
Savage 110WLE One of One Thousand Limited Edition Rifle
Savage 110GXP3 Bolt-Action Rifle
Savage 110F Bolt-Action Rifle
Savage 110FXP3 Bolt-Action Rifle
Savage 110GV Varmint Rifle
Savage 112FV Varmint Rifle
Savage Model 112FVS Varmint Rifle
Savage Model 112BV Heavy Barrel Varmint Rifle
Savage 116FSS Bolt-Action Rifle
Savage Model 116FSK Kodiak Rifle
Savage 110FP Police Rifle
Steyr-Mannlicher Sporter Models SL, L, M, S, S/T
Steyr-Mannlicher Luxus Model L, M, S
Steyr-Mannlicher Model M Professional Rifle
Tikka Bolt-Action Rifle
Tikka Premium GradeRifles
Tikka Varmint/Continental Rifle
Tikka Whitetail/Battue Rifle
Ultra Light Arms Model 20 Rifle
Ultra Light Arms Model 28, Model 40 Rifles
Voere VEC 91 Lightning Bolt-Action Rifle
Voere Model 2165 Bolt-Action Rifle
Voere Model 2155, 2150 Bolt-Action Rifles
Weatherby Mark V Deluxe Bolt-Action Rifle
Weatherby Lasermark V Rifle
Weatherby Mark V Crown Custom Rifles
Weatherby Mark V Sporter Rifle
Weatherby Mark V Safari Grade Custom Rifles
Weatherby Weathermark Rifle
Weatherby Weathermark Alaskan Rifle
Weatherby Classicmark No. 1 Rifle
Weatherby Weatherguard Alaskan Rifle
Weatherby Vanguard VGX Deluxe Rifle
Weatherby Vanguard Classic Rifle
Weatherby Vanguard Classic No. 1 Rifle
Weatherby Vanguard Weatherguard Rifle
Wichita Classic Rifle
Wichita Varmint Rifle
Winchester Model 70 Sporter
Winchester Model 70 Sporter WinTuff
Winchester Model 70 SM Sporter
Winchester Model 70 Stainless Rifle
Winchester Model 70 Varmint
Winchester Model 70 Synthetic Heavy Varmint Rifle
Winchester Model 70 DBM Rifle
Winchester Model 70 DBM-S Rifle
Winchester Model 70 Featherweight
Winchester Model 70 Featherweight WinTuff
Winchester Model 70 Featherweight Classic
Winchester Model 70 Lightweight Rifle
Winchester Ranger Rifle
Winchester Model 70 Super Express Magnum
Winchester Model 70 Super Grade
Winchester Model 70 Custom Sharpshooter
Winchester Model 70 Custom Sporting Sharpshooter Rifle
CENTERFIRE RIFLES-SINGLE SHOT
Armsport 1866 Sharps Rifle, Carbine
Brown Model One Single Shot Rifle
Browning Model 1885 Single Shot Rifle
Dakota Single Shot Rifle
Desert Industries G-90 Single Shot Rifle
Harrington & Richardson Ultra Varmint Rifle
Model 1885 High Wall Rifle
Navy Arms Rolling Block Buffalo Rifle
Navy Arms #2 Creedmoor Rifle
Navy Arms Sharps Cavalry Carbine
Navy Arms Sharps Plains Rifle
New England Firearms Handi-Rifle
Red Willow Armory Ballard No. 5 Pacific
Red Willow Armory Ballard No. 1.5 Hunting Rifle
Red Willow Armory Ballard No. 8 Union Hill Rifle
Red Willow Armory Ballard No. 4.5 Target Rifle
Remington-Style Rolling Block Carbine
Ruger No. 1B Single Shot Ruger No. 1A Light Sporter
Ruger No. 1H Tropical Rifle
Ruger No. 1S Medium Sporter
Ruger No. 1 RSI International
Ruger No. 1V Special Varminter
C. Sharps Arms New Model 1874 Old Reliable
C. Sharps Arms New Model 1875 Rifle
C. Sharps Arms 1875 Classic Sharps
C. Sharps Arms New Model1875 Target & Long Range
Shiloh Sharps 1874 Long Range Express
Shiloh Sharps 1874 Montana Roughrider
Shiloh Sharps 1874 Military Carbine
Shiloh Sharps 1874 Business Rifle
Shiloh Sharps 1874 Military Rifle
Sharps 1874 Old Reliable
Thompson/Center Conntender Carbine
Thompson/Center Stainless Contender Carbine
Thompson/Center Contender Carbine Survival System
Thompson/Center Contender Carbine Youth Model
Thompson/Center TCR '87 Single Shot Rifle
Uberti Rolling Block Baby Carbine
DRILLINGS, COMBINATION GUNS, DOUBLE RIFLES
Beretta Express SSO O/U Double Rifles
Beretta Model 455 SxS Express Rifle
Chapuis RGExpress Double Rifle
Auguste Francotte Sidelock Double Rifles
Auguste Francotte Boxlock Double Rifle
Heym Model 55B O/U Double Rifle
Heym Model 55FW O/U Combo Gun
Heym Model 88b Side-by-Side Double Rifle
Kodiak Mk. IV Double Rifle
Kreighoff Teck O/U Combination Gun
Kreighoff Trumpf Drilling
Merkel Over/Under Combination Guns
Merkel Drillings
Merkel Model 160 Side-by-Side Double Rifles
Merkel Over/Under Double Rifles
Savage 24F O/U Combination Gun
Savage 24F-12T Turkey Gun
Springfield Inc. M6 Scout Rifle/Shotgun
Tikka Model 412s Combination Gun
Tikka Model 412S Double Fire
A. Zoli Rifle-Shotgun O/U Combo
RIMFIRE RIFLES-AUTOLOADERS
AMT Lightning 25/22 Rifle
AMT Lightning Small-Game Hunting Rifle II
AMT Magnum Hunter Auto Rifle
Anschutz 525 Deluxe Auto
Armscor Model 20P Auto Rifle
Browning Auto-22 Rifle
Browning Auto-22 Grade VI
Krico Model 260 Auto Rifle
Lakefield Arms Model 64B Auto Rifle
Marlin Model 60 Self-Loading Rifle
Marlin Model 60ss Self-Loading Rifle
Marlin Model 70 HC Auto Marlin Model 990l Self-Loading Rifle
Marlin Model 70P Papoose
Marlin Model 922 Magnum Self-Loading Rifle
Marlin Model 995 Self-Loading Rifle
Norinco Model 22 ATD Rifle
Remington Model 522 Viper Autoloading Rifle
Remington 552BDL Speedmaster Rifle
Ruger 10/22 Autoloading Carbine (w/o folding stock)
Survival Arms AR-7 Explorer Rifle
Texas Remington Revolving Carbine
Voere Model 2115 Auto Rifle
RIMFIRE RIFLES-LEVER & SLIDE ACTION
Browning BL-22 Lever-Action Rifle
Marlin 39TDS Carbine
Marlin Model 39AS Golden Lever-Action Rifle
Remington 572BDL Fieldmaster Pump Rifle
Norinco EM-321 Pump Rifle
Rossi Model 62 SA Pump Rifle
Rossi Model 62 SAC Carbine
Winchester Model 9422 Lever-Action Rifle
Winchester Model 9422 Magnum Lever-Action Rifle
RIMFIRE RIFLES-BOLT ACTIONS & SINGLE SHOTS
Anschutz Achiever Bolt-Action Rifle
Anschutz 1416D/1516D Classic Rifles
Anschutz 1418D/1518D Mannlicher Rifles
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700 FWT Bolt-Action Rifle
Anschutz 1700D Graphite Custom Rifle
Anschutz 1700D Bavarian Bolt-Action Rifle
Armscor Model 14P Bolt-Action Rifle
Armscor Model 1500 Rifle
BRNO ZKM-452 Deluxe Bolt-Action Rifle
BRNO ZKM 452 Deluxe
Beeman/HW 60-J-ST Bolt-Action Rifle
Browning A-Bolt 22 Bolt-Action Rifle
Browning A-Bolt Gold Medallion
Cabanas Phaser Rifle
Cabanas Master Bolt-Action Rifle
Cabanas Espronceda IV Bolt-Action Rifle
Cabanas Leyre Bolt-Action Rifle
Chipmunk Single Shot Rifle
Cooper Arms Model 36S Sporter Rifle
Dakota 22 Sporter Bolt-Action Rifle
Krico Model 300 Bolt-Action Rifles
Lakefield Arms Mark II Bolt-Action Rifle
Lakefield Arms Mark I Bolt-Action Rifle
Magtech Model MT-22C Bolt-Action Rifle
Marlin Model 880 Bolt-Action Rifle
Marlin Model 881 Bolt-Action Rifle
Marlin Model 882 Bolt-Action Rifle
Marlin Model 883 Bolt-Action Rifle
Marlin Model 883SS Bolt-Action Rifle
Marlin Model 25MN Bolt-Action Rifle
Marlin Model 25N Bolt-Action Repeater
Marlin Model 15YN "Little Buckaroo"
Mauser Model 107 Bolt-Action Rifle
Mauser Model 201 Bolt-Action Rifle
Navy Arms TU-KKW Training Rifle
Navy Arms TU-33/40 Carbine
Navy Arms TU-KKW Sniper Trainer
Norinco JW-27 Bolt-Action Rifle
Norinco JW-15 Bolt-Action Rifle
Remington 541-T
Remington 40-XR Rimfire Custom sporter
Remington 541-T HB Bolt-Action Rifle
Remington 581-S Sportsman Rifle
Ruger 77/22 Rimfire Bolt-Action Rifle
Ruger K77/22 Varmint Rifle
Ultra Light Arms Model 20 RF Bolt-Action Rifle
Winchester Model 52B Sporting Rifle
COMPETITION RIFLES-CENTERFIRE & RIMFIRE
Anschutz 64-MS Left Silhouette
Anschutz 1808D RT Super Match 54 Target
Anschutz 1827B Biathlon Rifle
Anschutz 1903D Match Rifle
Anschutz 1803D Intermediate Match
Anschutz 1911 Match Rifle Anschutz 54.18MS REP Deluxe Silhouette
Rifle
Anschutz 1913 Super Match Rifle
Anschutz 1907 Match Rifle Anschutz 1910 Super Match II
Anschutz 54.18MS Silhouette Rifle
Anschutz Super Match 54 Target Model 2013
Anschutz Super Match 54 Target Model 2007
Beeman/Feinwerkbau 2600 Target Rifle
Cooper Arms Model TRP-1 ISU Standard Rifle
E.A.A./Weihrauch HW 60 Target Rifle
E.A.A./HW 660 Match Rifle
Finnish Lion Standard Target Rifle
Krico Model 360 S2 Biathlon Rifle
Krico Model 400 Match Rifle
Krico Model 360S Biathlon Rifle
Krico Model 500 Kricotronic Match Rifle
Krico Model 600 Sniper Rifle
Krico Model 600 Match Rifle
Lakefield Arms Model 90B Target Rifle
Lakefield Arms Model 91T Target Rifle
Lakefield Arms Model 92S Silhouette Rifle
Marlin Model 2000 Target Rifle
Mauser Model 86-SR Specialty Rifle
McMillan M-86 Sniper Rifle
McMillan Combo M-87/M-88 50-Caliber Rifle
McMillan 300 Phoenix Long Range Rifle
McMillan M-89 Sniper Rifle
McMillan National Match Rifle
McMillan Long Range Rifle
Parker-Hale M-87 Target Rifle
Parker-Hale M-85 Sniper Rifle
Remington 40-XB Rangemaster Target Centerfire
Remington 40-XR KS Rimfire Position Rifle
Remington 40-XBBR KS
Remington 40-XC KS National Match Course Rifle
Sako TRG-21 Bolt-Action Rifle
Steyr-Mannlicher Match SPG-UIT Rifle
Steyr-Mannlicher SSG P-I Rifle
Steyr-Mannlicher SSG P-III Rifle
Steyr-Mannlicher SSG P-IV Rifle
Tanner Standard UIT Rifle
Tanner 50 Meter Free Rifle
Tanner 300 Meter Free Rifle
Wichita Silhouette Rifle
SHOTGUNS-AUTOLOADERS
American Arms/Franchi Black Magic 48/AL
Benelli Super Black Eagle Shotgun
Benelli Super Black Eagle Slug Gun
Benelli M1 Super 90 Field Auto Shotgun
Benelli Montefeltro Super 90 20-Gauge Shotgun
Benelli Montefeltro Super 90 Shotgun
Benelli M1 Sporting Special Auto Shotgun
Benelli Black Eagle Competition Auto Shotgun
Beretta A-303 Auto Shotgun
Beretta 390 Field Auto Shotgun
Beretta 390 Super Trap, Super Skeet Shotguns
Beretta Vittoria Auto Shotgun
Beretta Model 1201F Auto Shotgun
Browning BSA 10 Auto Shotgun
Browning BSA 10 Stalker Auto Shotgun
Browning A-500R Auto Shotgun
Browning A-500G Auto Shotgun
Browning A-500G Sporting Clays
Browning Auto-5 Light 12 and 20
Browning Auto-5 Stalker
Browning Auto-5 Magnum 20
Browning Auto-5 Magnum 12
Churchill Turkey Automatic Shotgun
Cosmi Automatic Shotgun
Maverick Model 60 Auto Shotgun
Mossberg Model 5500 Shotgun
Mossberg Model 9200 Regal Semi-Auto Shotgun
Mossberg Model 9200 USST Auto Shotgun
Mossberg Model 9200 Camo Shotgun
Mossberg Model 6000 Auto Shotgun
Remington Model 1100 Shotgun
Remington 11-87 Premier Shotgun
Remington 11-87 Sporting Clays
Remington 11-87 Premier Skeet
Remington 11-87 Premier Trap
Remington 11-87 Special Purpose Magnum
Remington 11-87 SPS-T Camo Auto Shotgun
Remington 11-87 Special Purpose Deer Gun
Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun
Remington 11-87 SPS-Deer Shotgun
Remington 11-87 Special Purpose Synthetic Camo
Remington SP-10 Magnum-Camo Auto Shotgun
Remington SP-10 Magnum Auto Shotgun
Remington SP-10 Magnum Turkey Combo
Remington 1100 LT-20 Auto
Remington 1100 Special Field
Remington 1100 20-Gauge Deer Gun
Remington 1100 LT-20 Tournament Skeet
Winchester Model 1400 Semi-Auto Shotgun
SHOTGUNS-SLIDE ACTIONS
Browning Model 42 Pump Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalker Pump Shotgun
Browning BPS Pigeon Grade Pump Shotgun
Browning BPS pump Shotgun (Ladies and Youth Model)
Browning BPS Game Gun Turkey Special
Browning BPS Game Gun Deer Special
Ithaca Model 87 Supreme Pump Shotgun
Ithaca Model 87 Deerslayer Shotgun
Ithaca Deerslayer II Rifled Shotgun
Ithaca Model 87 Turkey Gun
Ithaca Model 87 Deluxe Pump Shotgun
Magtech Model 586-VR Pump Shotgun
Maverick Models 88, 91 Pump Shotguns
Mossberg Model 500 Sporting Pump
Mossberg Model 500 Camo Pump
Mossberg Model 500 Muzzleloader Combo
Mossberg Model 500 Trophy Slugster
Mossberg Turkey Model 500 Pump
Mossberg Model 500 Bantam Pump
Mossberg Field Grade Model 835 Pump Shotgun
Mossberg Model 835 Regal Ulti-Mag Pump
Remington 870 Wingmaster
Remington 870 Special Purpose Deer Gun
Remington 870 SPS-BG-Camo Deer/Turkey Shotgun
Remington 870 SPS-Deer Shotgun
Remington 870 Marine Magnum
Remington 870 TC Trap
Remington 870 Special Purpose Synthetic Camo
Remington 870 Wingmaster Small Gauges
Remington 870 Express Rifle Sighted Deer Gun
Remington 879 SPS Special Purpose Magnum
Remington 870 SPS-T Camo Pump Shotgun
Remington 870 Special Field
Remington 870 Express Turkey
Remington 870 High Grades
Remington 870 Express
Remington Model 870 Express Youth Gun
Winchester Model 12 Pump Shotgun
Winchester Model 42 High Grade Shotgun
Winchester Model 1300 Walnut Pump
Winchester Model 1300 Slug Hunter Deer Gun
Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun
Winchester Model 1300 Turkey Gun
Winchester Model 1300 Ranger Pump Gun
SHOTGUNS-OVER/UNDERS
American Arms/Franchi Falconet 2000 O/U
American Arms Silver I O/U
American Arms Silver II Shotgun
American Arms Silver Skeet O/U
American Arms/Franchi Sporting 2000 O/U
American Arms Silver Sporting O/U
American Arms Silver Trap O/U
American Arms WS/OU 12, TS/OU 12 Shotguns
American Arms WT/OU 10 Shotgun
Armsport 2700 O/U Goose Gun
Armsport 2700 Series O/U
Armsport 2900 Tri-Barrel Shotgun
Baby Bretton Over/Under Shotgun
Beretta Model 686 Ultralight O/U
Beretta ASE 90 Competition O/U Shotgun
Beretta Over/Under Field Shotguns
Beretta Onyx Hunter Sport O/U Shotgun
Beretta Model SO5, SO6, SO9 Shotguns
Beretta Sporting Clay Shotguns
Beretta 687EL Sporting O/U
Beretta 682 Super Sporting O/U
Beretta Series 682 Competition Over/Unders
Browning Citori O/U Shotgun
Browning Superlight Citori Over/Under
Browning Lightning Sporting Clays
Browning Micro Citori Lightning
Browning Citori Plus Trap Combo
Browning Citori Plus Trap Gun
Browning Citori O/U Skeet Models
Browning Citori O/U Trap Models
Browning Special Sporting Clays
Browning Citori GTI Sporting Clays
Browning 325 Sporting Clays
Centurion Over/Under Shotgun
Chapuis Over/Under Shotgun
Connecticut Valley Classics Classic Sporter O/U
Connecticut Valley Classics Classic Field Waterfowler
Charles Daly Field Grade O/U
Charles Daly Lux Over/Under
E.A.A./Sabatti Sporting Clays Pro-Gold O/U
E.A.A/Sabatti Falcon-Mon Over/Under
Kassnar Grade I O/U Shotgun
Krieghoff K-80 Sporting Clays O/U
Krieghoff K-80 Skeet Shotgun
Krieghoff K-80 International Skeet
Krieghoff K-80 Four-Barrel Skeet Set
Krieghoff K-80/RT Shotguns
Krieghoff K-80 O/U Trap Shotgun
Laurona Silhouette 300 Sporting Clays
Laurona Silhouette 300 Trap
Laurona Super Model Over/Unders
Ljutic LM-6 Deluxe O/U Shotgun
Marocchi Conquista Over/Under Shotgun
Marocchi Avanza O/U Shotgun
Merkel Model 200E O/U Shotgun
Merkel Model 200E Skeet, Trap Over/Unders
Merkel Model 203E, 303E Over/Under Shotguns
Perazzi Mirage Special Sporting O/U
Perazzi Mirage Special Four-Gauge Skeet
Perazzi Sporting Classic O/U
Perazzi MX7 Over/Under Shotguns
Perazzi Mirage Special Skeet Over/Under
Perazzi MX8/MX8 Special Trap, Skeet
Perazzi MX8/20 Over/Under Shotgun
Perazzi MX9 Single Over/Under Shotguns
Perazzi MX12 Hunting Over/Under
Perazzi MX28, MX410 Game O/U Shotguns
Perazzi MX20 Hunting Over/Under
Piotti Boss Over/Under Shotgun
Remington Peerless Over/Under Shotgun
Ruger Red Label O/U Shotgun
Ruger Sporting Clays O/U Shotgun
San Marco 12-Ga. Wildflower Shotgun
San Marco Field Special O/U Shotgun
San Marco 10-Ga. O/U Shotgun
SKB Model 505 Deluxe Over/Under Shotgun
SKB Model 685 Over/Under Shotgun
SKB Model 885 Over/Under Trap, Skeet, Sporting Clays
Stoeger/IGA Condor I O/U Shotgun
Stoeger/IGA ERA 2000 Over/Under Shotgun
Techni-Mec Model 610 Over/Under
Tikka Model 412S Field Grade Over/Under
Weatherby Athena Grade IV O/U Shotguns
Weatherby Athena Grade V Classic Field O/U
Weatherby Orion O/U Shotguns
Weatherby II, III Classic Field O/Us
Weatherby Orion II Classic Sporting Clays O/U
Weatherby Orion II Sporting Clays O/U
Winchester Model 1001 O/U Shotgun
Winchester Model 1001 Sporting Clays O/U
Pietro Zanoletti Model 2000 Field O/U
SHOTGUNS-SIDE BY SIDES
American Arms Brittany Shotgun
American Arms Gentry Double Shotgun
American Arms Derby Side-by-Side
American Arms Grulla #2 Double Shotgun
American Arms WS/SS 10
American Arms TS/SS 10 Double Shotgun
American Arms TS/SS 12 Side-by-Side
Arrieta Sidelock Double Shotguns
Armsport 1050 Series Double Shotguns
Arizaga Model 31 Double Shotgun
AYA Boxlock Shotguns
AYA Sidelock Double Shotguns
Beretta Model 452 Sidelock Shotgun
Beretta Side-by-Side Field Shotguns
Crucelegui Hermanos Model 150 Double
Chapuis Side-by-Side Shotgun
E.A.A./Sabatti Saba-Mon Double Shotgun
Charles Daly Model Dss Double
Ferlib Model F VII Double Shotgun
Auguste Francotte Boxlock Shotgun
Auguste Francotte Sidelock Shotgun
Garbi Model 100 Double
Garbi Model 101 Side-by-Side
Garbi Model 103A, B Side-by-Side
Garbi Model 200 Side-by-Side
Bill Hanus Birdgun Doubles
Hatfield Uplander Shotgun
Merkel Model 8, 47E Side-by-Side Shotguns
Merkel Model 47LSC Sporting Clays Double
Merkel Model 47S, 147S Side-by-Sides
Parker Reproductions Side-by-Side
Piotti King No. 1 Side-by-Side
Piotti Lunik Side-by-Side
Piotti King Extra Side-by-Side
Piotti Piuma Side-by-Side
Precision Sports Model 600 Series Doubles
Rizzini Boxlock Side-by-Side
Rizzini Sidelock Side-by-Side
Stoeger/IGA Uplander Side-by-Side Shotgun
Ugartechea 10-Ga. Magnum Shotgun
SHOTGUNS-BOLT ACTIONS & SINGLE SHOTS
Armsport Single Barrel Shotgun
Browning BT-99 Competition Trap Special
Browning BT-99 Plus Trap Gun
Browning BT-99 Plus Micro
Browning Recoilless Trap Shotgun
Browning Micro Recoilless Trap Shotgun
Desert Industries Big Twenty Shotgun
Harrington & Richardson Topper Model 098
Harrington & Richardson Topper Classic Youth Shotgun
Harrington & Richardson N.W.T.F. Turkey Mag
Harrington & Richardson Topper Deluxe Model 098
Krieghoff KS-5 Trap Gun
Krieghoff KS-5 Special
Krieghoff K-80 Single Barrel Trap Gun
Ljutic Mono Gun Single Barrel
Ljutic LTX Super Deluxe Mono Gun
Ljutic Recoilless Space Gun Shotgun
Marlin Model 55 Goose Gun Bolt Action
New England Firearms Turkey and Goose Gun
New England Firearms N.W.T.F. Shotgun
New England Firearms Tracker Slug Gun
New England Firearms Standard Pardner
New England Firearms Survival Gun
Perazzi TM1 Special Single Trap
Remington 90-T Super Single Shotgun
Snake Charmer II Shotgun
Stoeger/IGA Reuna Single Barrel Shotgun
Thompson/Center TCR '87 Hunter Shotgun
Sec. 923. Licensing
(a) No person shall engage in the business of importing,
manufacturing, or dealing in firearms, or importing or
manufacturing ammunition, until he has filed an application with
and received a license to do so from the Secretary. The
application shall be in such form and contain only that information
necessary to determine eligibility for licensing as the Secretary
shall by regulation prescribe and shall include a photograph and
fingerprints of the applicant. Each applicant shall pay a fee for
obtaining such a license, a separate fee being required for each
place in which the applicant is to do business, as follows:
(1) If the applicant is a manufacturer -
(A) of destructive devices, ammunition for destructive
devices or armor piercing ammunition, a fee of $1,000 per
year;
(B) of firearms other than destructive devices, a fee of
$50 per year; or
(C) of ammunition for firearms, other than ammunition for
destructive devices or armor piercing ammunition, a fee
of $10 per year.
(2) If the applicant is an importer -
(A) of destructive devices, ammunition for destructive
devices or armor piercing ammunition, a fee of $1,000 per
year; or
(B) of firearms other than destructive devices or
ammunition for firearms other than destructive devices,
or ammunition other than armor piercing ammunition, a fee
of $50 per year.
(3) If the applicant is a dealer -
(A) in destructive devices or ammunition for destructive
devices, a fee of $1,000 per year; or
(B) who is not a dealer in destructive devices, a fee of
$200 for 3 years, except that the fee for renewal of a
valid license shall be $90 for 3 years.
(b) Any person desiring to be licensed as a collector shall file an
application for such license with the Secretary. The application
shall be in such form and contain only that information necessary
to determine eligibility as the Secretary shall by regulation
prescribe. The fee for such license shall be $10 per year. Any
license granted under this subsection shall only apply to
transactions in curios and relics.
(c) Upon the filing of a proper application and payment of the
prescribed fee, the Secretary shall issue to a qualified applicant
the appropriate license which, subject to the provisions of this
chapter and other applicable provisions of law, shall entitle the
licensee to transport, ship, and receive firearms and ammunition
covered by such license in interstate or foreign commerce during
the period stated in the license. Nothing in this chapter shall be
construed to prohibit a licensed manufacturer, importer, or dealer
from maintaining and disposing of a personal collection of
firearms, subject only to such restrictions as apply in this
chapter to dispositions by a person other than a licensed
manufacturer, importer, or dealer. If any firearm is so disposed
of by a licensee within one year after its transfer from his
business inventory into such licensee's personal collection or if
such disposition or any other acquisition is made for the purpose
of willfully evading the restrictions placed upon licensees by this
chapter, then such firearm shall be deemed part of such licensee's
business inventory, except that any licensed manufacturer,
importer, or dealer who has maintained a firearm as part of a
personal collection for one year and who sells or otherwise
disposes of such firearm shall record the description of the
firearm in a bound volume, containing the name and place of
residence and date of birth of the transferee if the transferee is
an individual, or the identity and principal and local places of
business of the transferee if the transferee is a corporation or
other business entity: Provided, That no other recordkeeping shall
be required.
(d)(1) Any application submitted under subsection (a) or (b) of
this section shall be approved if -
(A) the applicant is twenty-one years of age or over;
(B) the applicant (including, in the case of a
corporation, partnership, or association, any individual
possessing, directly or indirectly, the power to direct
or cause the direction of the management and policies of
the corporation, partnership, or association) is not
prohibited from transporting, shipping, or receiving
firearms or ammunition in interstate or foreign commerce
under section 922(g) and (n) of this chapter;
(C) the applicant has not willfully violated any of the
provisions of this chapter or regulations issued
thereunder;
(D) the applicant has not willfully failed to disclose
any material information required, or has not made any
false statement as to any material fact, in connection
with his application;
(E) the applicant has in a State
(i) premises from which he conducts business
subject to license under this chapter or from which
he intends to conduct such business within a
reasonable period of time, or
(ii) in the case of a collector, premises from
which he conducts his collecting subject to license
under this chapter or from which he intends to
conduct such collecting within a reasonable period
of time; and
(F) the applicant certifies that-
(i) the business to be conducted under the license
is not prohibited by State or local law in the
place where the licensed premise is located;
(ii)(I) within 30 days after the application is
approved the business will comply with the
requirements of State and local law applicable to
the conduct of the business; and
(II) the business will not be conducted under
the license until the requirements of State
and local law applicable to the business have
been met; and
(iii) that the applicant has sent or delivered a
form to be prescribed by the Secretary, to the
chief law enforcement officer of the locality in
which the premises are located, which indicates
that the applicant intends to apply for a Federal
firearms license.
(2) The Secretary must approve or deny an application for a
license within the 60-day period beginning on the date it is
received. If the Secretary fails to act within such period,
the applicant may file an action under section 1361 of title
28 to compel the Secretary to act. If the Secretary approves
an applicant's application, such applicant shall be issued a
license upon the payment of the prescribed fee.
(e) The Secretary may, after notice and opportunity for hearing,
revoke any license issued under this section if the holder of such
license has willfully violated any provision of this chapter or any
rule or regulation prescribed by the Secretary under this chapter.
The Secretary may, after notice and opportunity for hearing, revoke
the license of a dealer who willfully transfers armor piercing
ammunition. The Secretary's action under this subsection may be
reviewed only as provided in subsection (f) of this section.
(f)(1) Any person whose application for a license is denied and
any holder of a license which is revoked shall receive a written
notice from the Secretary stating specifically the grounds upon
which the application was denied or upon which the license was
revoked. Any notice of a revocation of a license shall be given to
the holder of such license before the effective date of the
revocation.
(2) If the Secretary denies an application for, or revokes, a
license, he shall, upon request by the aggrieved party,
promptly hold a hearing to review his denial or revocation.
In the case of a revocation of a license, the Secretary shall
upon the request of the holder of the license stay the
effective date of the revocation. A hearing held under this
paragraph shall be held at a location convenient to the
aggrieved party.
(3) If after a hearing held under paragraph (2) the Secretary
decides not to reverse his decision to deny an application or
revoke a license, the Secretary shall give notice of his
decision to the aggrieved party. The aggrieved party may at
any time within sixty days after the date notice was given
under this paragraph file a petition with the United States
district court for the district in which he resides or has his
principal place of business for a de novo judicial review of
such denial or revocation. In a proceeding conducted under
this subsection, the court may consider any evidence submitted
by the parties to the proceeding whether or not such evidence
was considered at the hearing held under paragraph (2). If the
court decides that the Secretary was not authorized to deny
the application or to revoke the license, the court shall
order the Secretary to take such action as may be necessary to
comply with the judgment of the court.
(4) If criminal proceedings are instituted against a licensee
alleging any violation of this chapter or of rules or
regulations prescribed under this chapter, and the licensee is
acquitted of such charges, or such proceedings are terminated,
other than upon motion of the Government before trial upon
such charges, the Secretary shall be absolutely barred from
denying or revoking any license granted under this chapter
where such denial or revocation is based in whole or in part
on the facts which form the basis of such criminal charges.
No proceedings for the revocation of a license shall be
instituted by the Secretary more than one year after the
filing of the indictment or information.
(g)(1)(A) Each licensed importer, licensed manufacturer, and
licensed dealer shall maintain such records of importation,
production, shipment, receipt, sale, or other disposition of
firearms at his place of business for such period, and in such
form, as the Secretary may by regulations prescribe. Such
importers, manufacturers, and dealers shall not be required to
submit to the Secretary reports and information with respect to
such records and the contents thereof, except as expressly required
by this section. The Secretary, when he has reasonable cause to
believe a violation of this chapter has occurred and that evidence
thereof may be found on such premises, may, upon demonstrating such
cause before a Federal magistrate and securing from such magistrate
a warrant authorizing entry, enter during business hours the
premises (including places of storage) of any licensed firearms
importer, licensed manufacturer, licensed dealer, licensed
collector, or any licensed importer or manufacturer of ammunition,
for the purpose of inspecting or examining -
(i) any records or documents required to be kept by
such licensed importer, licensed manufacturer,
licensed dealer, or licensed collector under this
chapter or rules or regulations under this chapter,
and
(ii) any firearms or ammunition kept or stored by
such licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, at such
premises.
(B) The Secretary may inspect or examine the inventory
and records of a licensed importer, licensed
manufacturer, or licensed dealer without such reasonable
cause or warrant -
(i) in the course of a reasonable inquiry during
the course of a criminal investigation of a person
or persons other than the licensee;
(ii) for ensuring compliance with the record
keeping requirements of this chapter-
(I) not more than once during any 12-month
period; or
(II) at any time with respect to records
relating to a firearm involved in a criminal
investigation that is traced to the licensee;
or
(iii) when such inspection or examination may be
required for determining the disposition of one or
more particular firearms in the course of a bona
fide criminal investigation.
(C) The Secretary may inspect the inventory and records
of a licensed collector without such reasonable cause or
warrant -
(i) for ensuring compliance with the record keeping
requirements of this chapter not more than once
during any twelve-month period; or
(ii) when such inspection or examination may be
required for determining the disposition of one or
more particular firearms in the course of a bona
fide criminal investigation.
(D) At the election of a licensed collector, the annual
inspection of records and inventory permitted under this
paragraph shall be performed at the office of the
Secretary designated for such inspections which is
located in closest proximity to the premises where the
inventory and records of such licensed collector are
maintained. The inspection and examination authorized by
this paragraph shall not be construed as authorizing the
Secretary to seize any records or other documents other
than those records or documents constituting material
evidence of a violation of law. If the Secretary seizes
such records or documents, copies shall be provided the
licensee within a reasonable time. The Secretary may
make available to any Federal, State, or local law
enforcement agency any information which he may obtain by
reason of this chapter with respect to the identification
of persons prohibited from purchasing or receiving
firearms or ammunition who have purchased or received
firearms or ammunition, together with a description of
such firearms or ammunition, and he may provide
information to the extent such information may be
contained in the records required to be maintained by
this chapter, when so requested by any Federal, State, or
local law enforcement agency.
(2) Each licensed collector shall maintain in a bound volume
the nature of which the Secretary may by regulations
prescribe, records of the receipt, sale, or other disposition
of firearms. Such records shall include the name and address
of any person to whom the collector sells or otherwise
disposes of a firearm. Such collector shall not be required
to submit to the Secretary reports and information with
respect to such records and the contents thereof, except as
expressly required by this section.
(3)(A) Each licensee shall prepare a report of multiple sales
or other dispositions whenever the licensee sells or otherwise
disposes of, at one time or during any five consecutive
business days, two or more pistols, or revolvers, or any
combination of pistols and revolvers totalling two or more,
to an unlicensed person. The report shall be prepared on a
form specified by the Secretary and forwarded to the office
specified thereon and to the department of State police or
State law enforcement agency of the State or local law
enforcement agency of the local jurisdiction in which the sale
or other disposition took place, not later than the close of
business on the day that the multiple sale or other
disposition occurs.
(B) Except in the case of forms and contents thereof
regarding a purchaser who is prohibited by subsection (g)
or (n) of section 922 of this title from receipt of a
firearm, the department of State police or State law
enforcement agency or local law enforcement agency of the
local jurisdiction shall not disclose any such form or
the contents thereof to any person or entity, and shall
destroy each such form and any record of the contents
thereof no more than 20 days from the date such form is
received. No later than the date that is 6 months after
the effective date of this subparagraph, and at the end
of each 6-month period thereafter, the department of
State police or State law enforcement agency or local
law enforcement agency of the local jurisdiction shall
certify to the Attorney General of the United States that
no disclosure contrary to this subparagraph has been made
and that all forms and any record of the contents thereof
have been destroyed as provided in this subparagraph.
(4) Where a firearms or ammunition business is discontinued
and succeeded by a new licensee, the records required to be
kept by this chapter shall appropriately reflect such facts
and shall be delivered to the successor. Where discontinuance
of the business is absolute, such records shall be delivered
within thirty days after the business discontinuance to the
Secretary. However, where State law or local ordinance
requires the delivery of records to other responsible
authority, the Secretary may arrange for the delivery of such
records to such other responsible authority.
(5)(A) Each licensee shall, when required by letter issued by
the Secretary, and until notified to the contrary in writing
by the Secretary, submit on a form specified by the Secretary,
for periods and at the times specified in such letter, all
record information required to be kept by this chapter or such
lesser record information as the Secretary in such letter may
specify.
(B) The Secretary may authorize such record information
to be submitted in a manner other than that prescribed in
subparagraph (A) of this paragraph when it is shown by a
licensee that an alternate method of reporting is
reasonably necessary and will not unduly hinder the
effective administration of this chapter. A licensee may
use an alternate method of reporting if the licensee
describes the proposed alternate method of reporting and
the need therefor in a letter application submitted to
the Secretary, and the Secretary approves such alternate
method of reporting.
(7) Each licensee shall respond immediately to, and in no
event later than 24 hours after the receipt of, a request by
the Secretary for information contained in the records
required to be kept by this chapter as may be required for
determining the disposition of 1 or more firearms in the
course of a bona fide criminal investigation. The requested
information shall be provided orally or in writing, as the
Secretary may require. The Secretary shall implement a system
whereby the licensee can positively identify and establish
that an individual requesting information via telephone is
employed by and authorized by the agency to request such
information.
(h) Licenses issued under the provisions of subsection (c) of this
section shall be kept posted and kept available for inspection on
the premises covered by the license.
(i) Licensed importers and licensed manufacturers shall identify
by means of a serial number engraved or cast on the receiver or
frame of the weapon, in such manner as the Secretary shall by
regulations prescribe, each firearm imported or manufactured by
such importer or manufacturer. The serial number of any
semiautomatic assault weapon manufactured after the date of the
enactment of this sentence shall clearly show the date on which the
weapon was manufactured. A large capacity ammunition feeding
device manufactured after the date of the enactment of this
sentence shall be identified by a serial number that clearly shows
that the device was manufactured or imported after the effective
date of this subsection, and such other identification as the
Secretary may by regulation prescribe.
(j) A licensed importer, licensed manufacturer, or licensed
dealer may, under rules or regulations prescribed by the Secretary,
conduct business temporarily at a location other than the location
specified on the license if such temporary location is the location
for a gun show or event sponsored by any national, State, or local
organization, or any affiliate of any such organization devoted to
the collection, competitive use, or other sporting use of firearms
in the community, and such location is in the State which is
specified on the license. Records of receipt and disposition of
firearms transactions conducted at such temporary location shall
include the location of the sale or other disposition and shall be
entered in the permanent records of the licensee and retained on
the location specified on the license. Nothing in this subsection
shall authorize any licensee to conduct business in or from any
motorized or towed vehicle. Notwithstanding the provisions of
subsection (a) of this section, a separate fee shall not be
required of a licensee with respect to business conducted under
this subsection. Any inspection or examination of inventory or
records under this chapter by the Secretary at such temporary
location shall be limited to inventory consisting of, or records
relating to, firearms held or disposed at such temporary location.
Nothing in this subsection shall be construed to authorize the
Secretary to inspect or examine the inventory or records of a
licensed importer, licensed manufacturer, or licensed dealer at any
location other than the location specified on the license. Nothing
in this subsection shall be construed to diminish in any manner any
right to display, sell, or otherwise dispose of firearms or
ammunition, which is in effect before the date of the enactment of
the Firearms Owners' Protection Act.
(k) Licensed importers and licensed manufacturers shall mark all
armor piercing projectiles and packages containing such projectiles
for distribution in the manner prescribed by the Secretary by
regulation. The Secretary shall furnish information to each dealer
licensed under this chapter defining which projectiles are
considered armor piercing ammunition as defined in section
921(a)(17)(B).
(l) The Secretary of the Treasury shall notify the chief law
enforcement officer in the appropriate State and local
jurisdictions of the names and addresses of all persons in the
State to whom a firearms license is issued.
Sec. 924. Penalties
(a)(1) Except as otherwise provided in this subsection, subsection
(b), (c), or (f) of this section, or in section 929, whoever -
(A) knowingly makes any false statement or representation
with respect to the information required by this chapter
to be kept in the records of a person licensed under this
chapter or in applying for any license or exemption or
relief from disability under the provisions of this
chapter;
(B) knowingly violates subsection (a)(4), (f), (k), or
(r), (v), or (w) of section 922;
(C) knowingly imports or brings into the United States or
any possession thereof any firearm or ammunition in
violation of section 922(l); or
(D) willfully violates any other provision of this
chapter, shall be fined not more than $5,000, imprisoned
not more than five years, or both.
(2) Whoever knowingly violates subsection (a)(6), (d), (g),
(h), (i), (j), or (o) of section 922 shall be fined as
provided in this title, imprisoned not more than 10 years, or
both.
(3) Any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly -
(A) makes any false statement or representation with
respect to the information required by the provisions of
this chapter to be kept in the records of a person
licensed under this chapter, or
(B) violates subsection (m) of section 922, shall be
fined not more than $1,000, imprisoned not more than one
year, or both.
(4) Whoever violates section 922(q) shall be fined not more
than $5,000, imprisoned for not more than 5 years, or both.
Notwithstanding any other provision of law, the term of
imprisonment imposed under this paragraph shall not run
concurrently with any other term of imprisonment imposed under
any other provision of law. Except for the authorization of
a term of imprisonment of not more than 5 years made in this
paragraph, for the purpose of any other law a violation of
section 922(q) shall be deemed to be a misdemeanor.
(5) Whoever knowingly violates subsection (s) or (t) of
section 922 shall be fined not more than $1,000, imprisoned
for not more than 1 year, or both.
(A)(i) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year,
or both, except that a juvenile described in clause (ii)
shall be sentenced to probation on appropriate conditions
and shall not be incarcerated unless the juvenile fails
to comply with a condition of probation.
(ii) A juvenile is described in this clause if-
(I) the offense of which the juvenile is
charged is possession of a handgun or
ammunition in violation of section 922(x)(2);
and
(II) the juvenile has not been convicted in
any court of an offense (including an offense
under section 922(x) or a similar State law,
but not including any other offense consisting
of conduct that if engaged in by an adult
would not constitute an offense) or
adjudicated as a juvenile delinquent for
conduct that if engaged in by an adult would
constitute an offense.
(B) A person other than a juvenile who knowingly violates
section 922(x)-
(i) shall be fined under this title, imprisoned not
more than 1 year, or both; and
(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or
discharge or otherwise use the handgun or
ammunition in the commission of a crime of
violence, shall be fined under this title,
imprisoned not more than 10 years, or both.
(b) Whoever, with intent to commit therewith an offense punishable
by imprisonment for a term exceeding one year, or with knowledge or
reasonable cause to believe that an offense punishable by
imprisonment for a term exceeding one year is to be committed
therewith, ships, transports, or receives a firearm or any
ammunition in interstate or foreign commerce shall be fined not
more than $10,000, or imprisoned not more than ten years, or both.
(c)(1) Whoever, during and in relation to any crime of violence or
drug trafficking crime (including a crime of violence or drug
trafficking crime which provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device) for
which he may be prosecuted in a court of the United States, uses or
carries a firearm, shall, in addition to the punishment provided
for such crime of violence or drug trafficking crime, be sentenced
to imprisonment for five years, and if the firearm is
ashort-barreled rifle, short-barreled shotgun, or semiautomatic
assault weapon, to imprisonment for ten years, and if the firearm
is a machinegun, or a destructive device, or is equipped with a
firearm silencer or firearm muffler, to imprisonment for thirty
years. In the case of his second or subsequent conviction under
this subsection, such person shall be sentenced to imprisonment for
twenty years, and if the firearm is a machinegun, or a destructive
device, or is equipped with a firearm silencer or firearm muffler,
to life imprisonment without release. Notwithstanding any other
provision of law, the court shall not place on probation or
suspend the sentence of any person convicted of a violation of this
subsection, nor shall the term of imprisonment imposed under this
subsection run concurrently with any other term of imprisonment
including that imposed for the crime of violence or drug
trafficking crime in which the firearm was used or carried.
(2) For purposes of this subs