THE GUN CONTROL ACT OF 1968 by rub18840

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									                                        THE GUN CONTROL ACT OF 1968

                             TITLE 18, UNITED STATE CODE, CHAPTER 44


    TITLE I : STATE FIREARMS                     § 929       Use of restricted ammunition.        any weapon (including a starter gun)
                                                                                                  which will or is designed to or may
     CONTROL ASSISTANCE                          § 930       Possession of firearms and           readily be converted to expel a projec-
                                                             dangerous weapons in Fed-            tile by the action of an explosive; (B)
                PURPOSE                                      eral facilities.                     the frame or receiver of any such
                                                                                                  weapon; (C) any firearm muffler or fire-
   Sec. 101. The Congress hereby de-             § 931       Prohibition on purchase, own-        arm silencer; or (D) any destructive de-
clares that the purpose of this title is to                  ership, or possession of body        vice. Such term does not include an
provide support to Federal, State, and                       armor by violent felons.             antique firearm.
local law enforcement officials in their fight
against crime and violence, and it is not                                                          (4) The term "destructive device"
the purpose of this title to place any un-                     Editor’s Note:                     means—
due or unnecessary Federal restrictions or
burdens on law-abiding citizens with re-            On September 13, 1994, Congress passed            (A) any explosive, incendiary, or
spect to the acquisition, possession, or         the Violent Crime Control and Law En-              poison gas—
use of firearms appropriate to the purpose       forcement Act of 1994, Public Law 103-322.
of hunting, trapshooting, target shooting,       Title IX, Subtitle A, Section 110105 of this            (i) bomb,
personal protection, or any other lawful         Act generally made it unlawful to manufac-
activity, and that this title is not intended    ture, transfer and possess semiautomatic                (ii) grenade,
to discourage or eliminate the private           assault weapons (SAWs) and to transfer
ownership or use of firearms by law-             and possess large capacity ammunition                  (iii) rocket having a propellant
abiding citizens for lawful purposes, or         feeding devices (LCAFDs). The law also               charge of more than four ounces,
provide for the imposition by Federal            required importers and manufacturers to
regulations of any procedures or require-        place certain markings on SAWs and                     (iv) missile having an explosive
ments other than those reasonably nec-           LCAFDs, designating they were for export             or incendiary charge of more than
essary to implement and effectuate the           or law enforcement/government use. Sig-              one-quarter ounce,
provisions of this title.                        nificantly, the law provided that it would
                                                 expire 10 years from the date of enactment.             (v) mine, or
          Chapter 44 – Firearms                  Accordingly, effective 12:01 a.m. on Sep-
                                                 tember 13, 2004, the provisions of the law              (vi) device similar to any of the
§ 921       Definitions.                         ceased to apply. These provisions are                devices described in the preceding
                                                 marked “repealed” in this publication.               clauses;
§ 922       Unlawful acts.
                                                                                                       (B) any type of weapon (other than
§ 923       Licensing.                           § 921 Definitions.                                 a shotgun or a shotgun shell which
                                                                                                    the Attorney General finds is gener-
§ 924       Penalties.                             (a) As used in this chapter—                     ally recognized as particularly suit-
                                                                                                    able for sporting purposes) by
§ 925       Exceptions: Relief from dis-             (1) The term "person" and the term             whatever name known which will, or
            abilities.                             "whoever" include any individual, cor-           which may be readily converted to,
                                                   poration, company, association, firm,            expel a projectile by the action of an
§ 925A      Remedy for erroneous denial            partnership, society, or joint stock com-        explosive or other propellant, and
            of firearms.                           pany.                                            which has any barrel with a bore of
                                                                                                    more than one-half inch in diameter;
§ 926       Rules and regulations.                    (2) The term "interstate or foreign           and
                                                   commerce" includes commerce be-
§ 926A      Interstate transportation of           tween any place in a State and any                  (C) any combination of parts either
            firearms.                              place outside of that State, or within           designed or intended for use in con-
                                                   any possession of the United States              verting any device into any destruc-
§ 926B      Carrying of concealed fire-            (not including the Canal Zone) or the            tive     device     described       in
            arms by qualified law en-              District of Columbia, but such term              subparagraph (A) or (B) and from
            forcement officers.                    does not include commerce between                which a destructive device may be
                                                   places within the same State but                 readily assembled.
§ 926C      Carrying of concealed fire-            through any place outside of that State.
            arms by qualified retired law          The term "State" includes the District
            enforcement officers.                  of Columbia, the Commonwealth of             The term "destructive device" shall not
                                                   Puerto Rico, and the possessions of the      include any device which is neither de-
§ 927       Effect on State law.                   United States (not including the Canal       signed nor redesigned for use as a
                                                   Zone).                                       weapon; any device, although originally
§ 928       Separability.                                                                       designed for use as a weapon, which is
                                                     (3) The term "firearm" means (A)           redesigned for use as a signaling, pyro-



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technic, line throwing, safety, or similar     (B) any person engaged in the business         receiver, any firearm which is con-
device; surplus ordinance sold, loaned, or     of repairing firearms or of making or fit-     verted into a muzzle loading weapon,
given by the Secretary of the Army pursu-      ting special barrels, stocks, or trigger       or any muzzle loading weapon which
ant to the provisions of section 4684(2),      mechanisms to firearms, or (C) any             can be readily converted to fire fixed
4685, or 4686 of title 10; or any other        person who is a pawnbroker. The term           ammunition by replacing the barrel,
device which the Attorney General finds is     "licensed dealer" means any dealer             bolt, breechblock, or any combination
not likely to be used as a weapon, is an       who is licensed under the provisions of        thereof.
antique, or is a rifle which the owner in-     this chapter.
tends to use solely for sporting, recrea-                                                      (17) (A) The term "ammunition"
tional or cultural purposes.                      (12) The term "pawnbroker" means          means ammunition or cartridge cases,
                                               any person whose business or occupa-         primers, bullets, or propellant powder
     (5) The term "shotgun" means a            tion includes the taking or receiving, by    designed for use in any firearm.
  weapon designed or redesigned, made          way of pledge or pawn, of any firearm
  or remade, and intended to be fired          as security for the payment or repay-            (B) The term "armor piercing
  from the shoulder and designed or re-        ment of money.                                 ammunition" means—
  designed and made or remade to use
  the energy of an explosive to fire             (13) The term "collector" means any                (i) a projectile or projectile core
  through a smooth bore either a number        person who acquires, holds, or dis-               which may be used in a handgun
  of ball shot or a single projectile for      poses of firearms as curios or relics, as         and which is constructed entirely
  each single pull of the trigger.             the Attorney General shall by regulation          (excluding the presence of traces
                                               define, and the term "licensed collec-            of other substances) from one or a
     (6) The term "short-barreled shot-        tor" means any such person licensed               combination of tungsten alloys,
  gun" means a shotgun having one or           under the provisions of this chapter.             steel, iron, brass, bronze, beryllium
  more barrels less than eighteen inches                                                         copper, or depleted uranium; or
  in length and any weapon made from a           (14) The term "indictment" includes
  shotgun (whether by alteration, modifi-      an indictment or information in any                  (ii) a full jacketed projectile lar-
  cation, or otherwise) if such weapon as      court under which a crime punishable              ger than .22 caliber designed and
  modified has an overall length of less       by imprisonment for a term exceeding              intended for use in a handgun and
  than twenty-six inches.                      one year may be prosecuted.                       whose jacket has a weight of more
                                                                                                 than 25 percent of the total weight
     (7) The term "rifle" means a weapon          (15) The term "fugitive from jus-              of the projectile.
  designed or redesigned, made or re-          tice" means any person who has fled
  made, and intended to be fired from the      from any State to avoid prosecution for           (C) The term "armor piercing
  shoulder and designed or redesigned          a crime or to avoid giving testimony in        ammunition" does not include shot-
  and made or remade to use the energy         any criminal proceeding.                       gun shot required by Federal or State
  of an explosive to fire only a single pro-                                                  environmental or game regulations
  jectile through a rifled bore for each        (16) The term "antique firearm"               for hunting purposes, a frangible pro-
  single pull of the trigger.                  means—                                         jectile designed for target shooting, a
                                                                                              projectile which the Attorney General
     (8) The term "short-barreled rifle"           (A) any firearm (including any fire-       finds is primarily intended to be used
  means a rifle having one or more bar-          arm with a matchlock, flintlock, per-        for sporting purposes, or any other
  rels less than sixteen inches in length        cussion cap, or similar type of ignition     projectile or projectile core which the
  and any weapon made from a rifle               system) manufactured in or before            Attorney General finds is intended to
  (whether by alteration, modification, or       1898; or                                     be used for industrial purposes, in-
  otherwise) if such weapon, as modified,                                                     cluding a charge used in an oil and
  has an overall length of less than               (B) any replica of any firearm de-         gas well perforating device.
  twenty-six inches.                             scribed in subparagraph (A) if such
                                                 replica—                                     (18) The term “Attorney General”
     (9) The term "importer" means any                                                      means the Attorney General of the
  person engaged in the business of im-                (i) is not designed or redesigned    United States.
  porting or bringing firearms or ammuni-           for using rimfire or conventional
  tion into the United States for purposes          centerfire fixed ammunition, or            (19) The term "published ordi-
  of sale or distribution; and the term "li-                                                nance" means a published law of any
  censed importer" means any such                      (ii) uses rimfire or conventional    political subdivision of a State which the
  person licensed under the provisions of           centerfire fixed ammunition which       Attorney General determines to be
  this chapter                                      is no longer manufactured in the        relevant to the enforcement of this
                                                    United States and which is not          chapter and which is contained on a list
     (10) The term "manufacturer"                   readily available in the ordinary       compiled by the Attorney General,
  means any person engaged in the                   channels of commercial trade; or        which list shall be published in the Fed-
  business of manufacturing firearms or                                                     eral Register, revised annually, and fur-
  ammunition for purposes of sale or dis-           (C) any muzzle loading rifle, muz-      nished to each licensee under this
  tribution; and the term "licensed              zle loading shotgun, or muzzle load-       chapter.
  manufacturer" means any such per-              ing pistol, which is designed to use
  son licensed under the provisions of           black powder, or a black powder              (20) The term "crime punishable by
  this chapter.                                  substitute, and which cannot use           imprisonment for a term exceeding
                                                 fixed ammunition. For purposes of          one year" does not include—
    (11) The term "dealer" means (A)             this subparagraph, the term "antique
  any person engaged in the business of          firearm" shall not include any weapon          (A) any Federal or State offenses
  selling firearms at wholesale or retail,       which incorporates a firearm frame or        pertaining to antitrust violations, un-


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      fair trade practices, restraints of          who makes occasional repairs of fire-       and "firearm muffler" mean any de-
      trade, or other similar offenses relat-      arms, or who occasionally fits special      vice for silencing, muffling, or diminish-
      ing to the regulation of business            barrels, stocks, or trigger mecha-          ing the report of a portable firearm,
      practices, or                                nisms to firearms;                          including any combination of parts, de-
                                                                                               signed or redesigned, and intended for
        (B) any State offense classified by           (E) as applied to an importer of         use in assembling or fabricating a fire-
      the laws of the State as a misde-            firearms, a person who devotes time,        arm silencer or firearm muffler, and any
      meanor and punishable by a term of           attention, and labor to importing fire-     part intended only for use in such as-
      imprisonment of two years or less.           arms as a regular course of trade or        sembly or fabrication.
                                                   business with the principal objective
What constitutes a conviction of such a            of livelihood and profit through the         (25) The       term   "school     zone"
crime shall be determined in accordance            sale or distribution of the firearms        means—
with the law of the jurisdiction in which the      imported; and
proceedings were held. Any conviction                                                               (A) in, or on the grounds of, a pub-
which has been expunged, or set aside,                (F) as applied to an importer of           lic, parochial or private school; or
or for which a person has been pardoned            ammunition, a person who devotes
or has had civil rights restored, shall not        time, attention, and labor to importing          (B) within a distance of 1,000 feet
be considered a conviction for purposes            ammunition as a regular course of             from the grounds of a public, paro-
of this chapter, unless such pardon, ex-           trade or business with the principal          chial or private school.
pungement, or restoration of civil rights          objective of livelihood and profit
expressly provides that the person may             through the sale or distribution of the       (26) The term "school" means a
not ship, transport, possess, or receive           ammunition imported.                        school which provides elementary or
firearms.                                                                                      secondary education, as determined
                                                    (22) The term "with the principal          under State law.
      (21) The term "engaged in the busi-        objective of livelihood and profit"
    ness" means—                                 means that the intent underlying the            (27) The term "motor vehicle" has
                                                 sale or disposition of firearms is pre-       the meaning given such term in section
         (A) as applied to a manufacturer of     dominantly one of obtaining livelihood        13102 of title 49, United States Code.
      firearms, a person who devotes time,       and pecuniary gain, as opposed to
      attention, and labor to manufacturing      other intents, such as improving or liq-         (28) The term "semiautomatic rifle"
      firearms as a regular course of trade      uidating a personal firearms collection:      means any repeating rifle which utilizes
      or business with the principal objec-      Provided, That proof of profit shall not      a portion of the energy of a firing car-
      tive of livelihood and profit through      be required as to a person who en-            tridge to extract the fired cartridge case
      the sale or distribution of the firearms   gages in the regular and repetitive pur-      and chamber the next round, and which
      manufactured;                              chase and disposition of firearms for         requires a separate pull of the trigger to
                                                 criminal purposes or terrorism. For pur-      fire each cartridge.
         (B) as applied to a manufacturer of     poses of this paragraph, the term "ter-
      ammunition, a person who devotes           rorism" means activity, directed                (29) The term "handgun" means—
      time, attention, and labor to manufac-     against United States persons, which—
      turing ammunition as a regular                                                                (A) a firearm which has a short
      course of trade or business with the           (A) is committed by an individual           stock and is designed to be held and
      principal objective of livelihood and        who is not a national or permanent            fired by the use of a single hand; and
      profit through the sale or distribution      resident alien of the United States;
      of the ammunition manufactured;                                                              (B) any combination of parts from
                                                     (B) involves violent acts or acts           which a firearm described in sub-
         (C) as applied to a dealer in fire-       dangerous to human life which would           paragraph (A) can be assembled.
      arms, as defined in section                  be a criminal violation if committed
      921(a)(11)(A), a person who devotes          within the jurisdiction of the United         (30) Repealed.
      time, attention, and labor to dealing        States; and
      in firearms as a regular course of                                                         (31) Repealed.
      trade or business with the principal           (C) is intended—
      objective of livelihood and profit                                                          (32) The term "intimate partner"
      through the repetitive purchase and               (i) to intimidate or coerce a civil-   means, with respect to a person, the
      resale of firearms, but such term              ian population;                           spouse of the person, a former spouse
      shall not include a person who                                                           of the person, an individual who is a
      makes occasional sales, exchanges,               (ii) to influence the policy of a       parent of a child of the person, and an
      or purchases of firearms for the en-           government by intimidation or co-         individual who cohabitates or has co-
      hancement of a personal collection or          ercion; or                                habited with the person.
      for a hobby, or who sells all or part of
      his personal collection of firearms;              (iii) to affect the conduct of a         (33) (A) Except as provided in sub-
                                                     government by assassination or            paragraph (C), the term "misde-
         (D) as applied to a dealer in fire-         kidnapping.                               meanor crime of domestic violence"
      arms, as defined in section                                                              means an offense that—
      921(a)(11)(B), a person who devotes          (23) The term "machinegun" has
      time, attention, and labor to engaging     the meaning given such term in section              (i) is a misdemeanor under
      in such activity as a regular course of    5845(b) of the National Firearms Act            Federal or State law; and
      trade or business with the principal       (26 U.S.C. 5845(b)).
      objective of livelihood and profit, but                                                          (ii) has, as an element, the use
      such term shall not include a person         (24) The terms "firearm silencer"             or attempted use of physical force, or


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    the threatened use of a deadly                    to prevent the operation of the fire-        licensed      manufacturer,    licensed
    weapon, committed by a current or                 arm by anyone not having access to           dealer, or licensed collector;
    former spouse, parent, or guardian of             the device; or
    the victim, by a person with whom                                                                 (B) this paragraph shall not be
    the victim shares a child in common,                 (C) a safe, gun safe, gun case,           held to preclude a licensed importer,
    by a person who is cohabiting with or             lock box, or other device that is de-        licensed manufacturer, or licensed
    has cohabited with the victim as a                signed to be or can be used to store         dealer from depositing a firearm for
    spouse, parent, or guardian, or by a              a firearm and that is designed to be         conveyance in the mails to any offi-
    person similarly situated to a spouse,            unlocked only by means of a key, a           cer, employee, agent, or watchman
    parent, or guardian of the victim.                combination, or other similar means.         who, pursuant to the provisions of
                                                                                                   section 1715 of this title, is eligible to
       (B) (i) A person shall not be con-              (35) The term "body armor" means            receive through the mails pistols, re-
    sidered to have been convicted of               any product sold or offered for sale, in       volvers, and other firearms capable
    such an offense for purposes of this            interstate or foreign commerce, as per-        of being concealed on the person, for
    chapter, unless—                                sonal protective body covering intended        use in connection with his official
                                                    to protect against gunfire, regardless of      duty; and
         (I) the person was represented             whether the product is to be worn alone
      by counsel in the case, or know-              or is sold as a complement to another             (C) nothing in this paragraph shall
      ingly and intelligently waived the            product or garment.                            be construed as applying in any man-
      right to counsel in the case; and                                                            ner in the District of Columbia, the
                                                    (b) For the purposes of this chapter, a        Commonwealth of Puerto Rico, or
         (II) in the case of a prosecution        member of the Armed Forces on active             any possession of the United States
      for an offense described in this            duty is a resident of the State in which his     differently than it would apply if the
      paragraph for which a person was            permanent duty station is located.               District of Columbia, the Common-
      entitled to a jury trial in the jurisdic-                                                    wealth of Puerto Rico, or the posses-
      tion in which the case was tried, ei-       § 922 Unlawful acts.                             sion were in fact a State of the United
      ther                                                                                         States;
                                                    (a) It shall be unlawful—
            (aa) the case was tried by a                                                            (3) for any person other than a li-
         jury, or                                     (1) for any person—                        censed importer, licensed manufac-
                                                                                                 turer, licensed dealer, or licensed
            (bb) the person knowingly                    (A) except a licensed importer, li-     collector to transport into or receive in
         and intelligently waived the right           censed manufacturer, or licensed           the State where he resides (or if the
         to have the case tried by a jury,            dealer, to engage in the business of       person is a corporation or other busi-
         by guilty plea or otherwise.                 importing, manufacturing, or dealing       ness entity, the State where it maintains
                                                      in firearms, or in the course of such      a place of business) any firearm pur-
         (ii) A person shall not be con-              business to ship, transport, or receive    chased or otherwise obtained by such
      sidered to have been convicted of               any firearm in interstate or foreign       person outside that State, except that
      such an offense for purposes of                 commerce; or                               this paragraph (A) shall not preclude
      this chapter if the conviction has                                                         any person who lawfully acquires a
      been expunged or set aside, or is                  (B) except a licensed importer or       firearm by bequest or intestate succes-
      an offense for which the person                 licensed manufacturer, to engage in        sion in a State other than his State of
      has been pardoned or has had civil              the business of importing or manu-         residence from transporting the firearm
      rights restored (if the law of the              facturing ammunition, or in the            into or receiving it in that State, if it is
      applicable jurisdiction provides for            course of such business, to ship,          lawful for such person to purchase or
      the loss of civil rights under such             transport, or receive any ammunition       possess such firearm in that State, (B)
      an offense) unless the pardon, ex-              in interstate or foreign commerce;         shall not apply to the transportation or
      pungement, or restoration of civil                                                         receipt of a firearm obtained in confor-
      rights expressly provides that the               (2) for any importer, manufacturer,       mity with subsection (b)(3) of this sec-
      person may not ship, transport,               dealer, or collector licensed under the      tion, and (C) shall not apply to the
      possess, or receive firearms.                 provisions of this chapter to ship or        transportation of any firearm acquired in
                                                    transport in interstate or foreign com-      any State prior to the effective date of
              Editor’s Note:                        merce any firearm to any person other        this chapter;
                                                    than a licensed importer, licensed
     Subparagraph (C) referenced in                 manufacturer, licensed dealer, or li-           (4) for any person, other than a li-
921(a)(33)(A) never was enacted. We pre-            censed collector, except that—               censed importer, licensed manufac-
sume the reference should have been to                                                           turer, licensed dealer, or licensed
subparagraph (B).                                        (A) this paragraph and subsection       collector, to transport in interstate or
                                                      (b)(3) shall not be held to preclude a     foreign commerce any destructive de-
    (34) The term "secure gun storage                 licensed importer, licensed manufac-       vice, machinegun (as defined in section
  or safety device" means—                            turer, licensed dealer, or licensed col-   5845 of the Internal Revenue Code of
                                                      lector from returning a firearm or         1954), short-barreled shotgun, or short-
      (A) a device that, when installed               replacement firearm of the same kind       barreled rifle, except as specifically au-
    on a firearm, is designed to prevent              and type to a person from whom it          thorized by the Attorney General con-
    the firearm from being operated with-             was received; and this paragraph           sistent with public safety and necessity;
    out first deactivating the device;                shall not be held to preclude an indi-
                                                      vidual from mailing a firearm owned          (5) for any person (other than a li-
      (B) a device incorporated into the              in compliance with Federal, State,         censed importer, licensed manu-
    design of the firearm that is designed            and local law to a licensed importer,      facturer, licensed dealer, or licensed


                                                                                                                                           7
    collector) to transfer, sell, trade, give,            sudivision of a State;                    of a firearm to any person for temporary
    transport, or deliver any firearm to any                                                        use for lawful sporting purposes;
    person (other than a licensed importer,               (B) is for the purpose of exporta-
                                                                                                       (4) to any person any destructive de-
    licensed manufacturer, licensed dealer,            tion; or
                                                                                                    vice, machinegun (as defined in section
    or licensed collector) who the transferor
                                                                                                    5845 of the Internal Revenue Code of
    knows or has reasonable cause to be-                 (C) is for the purpose of testing or
                                                                                                    1954), short-barreled shotgun, or short-
    lieve does not reside in (or if the person         experimentation and has been au-
                                                                                                    barreled rifle, except as specifically au-
    is a corporation or other business en-             thorized by the Attorney General;
                                                                                                    thorized by the Attorney General con-
    tity, does not maintain a place of busi-
                                                                                                    sistent with public safety and necessity;
    ness in) the State in which the                    (9) for any person, other than a li-
                                                                                                    and
    transferor resides; except that this             censed importer, licensed manu-
    paragraph shall not apply to (A) the             facturer, licensed dealer, or licensed            (5) any firearm or armor-piercing
    transfer, transportation, or delivery of a       collector, who does not reside in any          ammunition to any person unless the li-
    firearm made to carry out a bequest of           State to receive any firearms unless           censee notes in his records, required to
    a firearm to, or an acquisition by intes-        such receipt is for lawful sporting pur-       be kept pursuant to section 923 of this
    tate succession of a firearm by, a per-          poses.                                         chapter, the name, age, and place of
    son who is permitted to acquire or                                                              residence of such person if the person
    possess a firearm under the laws of the           (b) It shall be unlawful for any licensed     is an individual, or the identity and prin-
    State of his residence, and (B) the loan       importer, licensed manufacturer, licensed        cipal and local places of business of
    or rental of a firearm to any person for       dealer, or licensed collector to sell or de-     such person if the person is a corpora-
    temporary use for lawful sporting pur-         liver—                                           tion or other business entity.
    poses;
                                                                                                     Paragraphs (1), (2), (3), and (4) of this
                                                        (1) any firearm or ammunition to any
                                                                                                  subsection shall not apply to transactions
       (6) for any person in connection with         individual who the licensee knows or
                                                                                                  between licensed importers, licensed
    the acquisition or attempted acquisition         has reasonable cause to believe is less
                                                                                                  manufacturers, licensed dealers, and
    of any firearm or ammunition from a li-          than eighteen years of age, and, if the
                                                                                                  licensed collectors. Paragraph (4) of this
    censed importer, licensed manufac-               firearm or ammunition is other than a
                                                                                                  subsection shall not apply to a sale or
    turer, licensed dealer, or licensed              shotgun or rifle, or ammunition for a
                                                                                                  delivery to any research organization des-
    collector, knowingly to make any false           shotgun or rifle, to any individual who
                                                                                                  ignated by the Attorney General.
    or fictitious oral or written statement or       the licensee knows or has reasonable
    to furnish or exhibit any false, fictitious,     cause to believe is less than twenty-one        (c) In any case not otherwise prohibited
    or misrepresented identification, in-            years of age;                                by this chapter, a licensed importer, li-
    tended or likely to deceive such im-                                                          censed manufacturer, or licensed dealer
    porter,     manufacturer,     dealer,     or        (2) any firearm to any person in any      may sell a firearm to a person who does
    collector with respect to any fact mate-         State where the purchase or posses-          not appear in person at the licensee's
    rial to the lawfulness of the sale or other      sion by such person of such firearm          business premises (other than another
    disposition of such firearm or ammuni-           would be in violation of any State law or    licensed importer, manufacturer, or
    tion under the provisions of this chap-          any published ordinance applicable at        dealer) only if—
    ter;                                             the place of sale, delivery or other dis-
                                                                                                       (1) the transferee submits to the
                                                     position, unless the licensee knows or
                                                                                                    transferor a sworn statement in the fol-
      (7) for any person to manufacture or           has reasonable cause to believe that
                                                                                                    lowing form:
    import armor piercing ammunition,                the purchase or possession would not
    unless--                                         be in violation of such State law or such       "Subject to penalties provided by
                                                     published ordinance;                           law, I swear that, in the case of any
         (A) the manufacture of such am-                                                            firearm other than a shotgun or a ri-
      munition is for the use of the United             (3) any firearm to any person who the       fle, I am twenty-one years or more of
      States, any department or agency of            licensee knows or has reasonable               age, or that, in the case of a shotgun
      the United States, any State, or any           cause to believe does not reside in (or if     or a rifle, I am eighteen years or
      department, agency, or political sub-          the person is a corporation or other           more of age; that I am not prohibited
      division of a State;                           business entity, does not maintain a           by the provisions of chapter 44 of ti-
                                                     place of business in) the State in which       tle 18, United States Code, from re-
         (B) the manufacture of such am-             the licensee's place of business is lo-        ceiving a firearm in interstate or
      munition is for the purpose of expor-          cated, except that this paragraph (A)          foreign commerce; and that my re-
      tation; or                                     shall not apply to the sale or delivery of     ceipt of this firearm will not be in vio-
                                                     any rifle or shotgun to a resident of a        lation of any statute of the State and
         (C) the manufacture or importation          State other than a State in which the li-      published ordinance applicable to
      of such ammunition is for the pur-             censee's place of business is located if       the locality in which I reside. Further,
      pose of testing or experimentation             the transferee meets in person with the        the true title, name, and address of
      and has been authorized by the At-             transferor to accomplish the transfer,         the principal law enforcement officer
      torney General;                                and the sale, delivery, and receipt fully
                                                     comply with the legal conditions of sale
       (8) for any manufacturer or importer          in both such States (and any licensed
    to sell or deliver armor piercing ammu-          manufacturer, importer or dealer shall
    nition, unless such sale or delivery--           be presumed, for purposes of this sub-         of the locality to which the firearm
                                                     paragraph, in the absence of evidence          will be delivered are _____________.
        (A) is for the use of the United             to the contrary, to have had actual
      States, any department or agency of            knowledge of the State laws and pub-           _______________________________.
      the United States, any State, or any           lished ordinances of both States), and         Signature
      department, agency, or political               (B) shall not apply to the loan or rental


8
  Date _____________ . "                             1101(a)(26));                               movement with the passenger in inter-
                                                                                                 state or foreign commerce may deliver
and containing blank spaces for the at-             (6) who has been discharged from             said firearm or ammunition into the cus-
tachment of a true copy of any permit or          the Armed Forces under dishonorable            tody of the pilot, captain, conductor or
other information required pursuant to            conditions;                                    operator of such common or contract car-
such statute or published ordinance;                                                             rier for the duration of the trip without vio-
                                                    (7) who, having been a citizen of the        lating any of the provisions of this chapter.
     (2) the transferor has, prior to the         United States, has renounced his citi-         No common or contract carrier shall re-
  shipment or delivery of the firearm, for-       zenship;                                       quire or cause any label, tag, or other
  warded by registered or certified mail                                                         written notice to be placed on the outside
  (return receipt requested) a copy of the           (8) is subject to a court order that re-    of any package, luggage, or other con-
  sworn statement, together with a de-            strains such person from harassing,            tainer that such package, luggage, or
  scription of the firearm, in a form pre-        stalking, or threatening an intimate           other container contains a firearm.
  scribed by the Attorney General, to the         partner of such person or child of such
  chief law enforcement officer of the            intimate partner or person, or engaging           (f) (1) It shall be unlawful for any com-
  transferee's place of residence, and            in other conduct that would place an in-       mon or contract carrier to transport or
  has received a return receipt evidenc-          timate partner in reasonable fear of           deliver in interstate or foreign commerce
  ing delivery of the statement or has had        bodily injury to the partner or child, ex-     any firearm or ammunition with knowledge
  the statement returned due to the re-           cept that this paragraph shall only apply      or reasonable cause to believe that the
  fusal of the named addressee to accept          to a court order that—                         shipment, transportation, or receipt
  such letter in accordance with United                                                          thereof would be in violation of the provi-
  States Post Office Department regula-                (A) was issued after a hearing of         sions of this chapter.
  tions; and                                         which such person received actual
                                                     notice, and at which such person had             (2) It shall be unlawful for any com-
     (3) the transferor has delayed ship-            the opportunity to participate; and           mon or contract carrier to deliver in in-
  ment or delivery for a period of at least                                                        terstate or foreign commerce any
  seven days following receipt of the noti-            (B) (i) includes a finding that such        firearm without obtaining written ac-
  fication of the acceptance or refusal of           person represents a credible threat to        knowledgement of receipt from the re-
  delivery of the statement.                         the physical safety of such intimate          cipient of the package or other
                                                     partner or child; or                          container in which there is a firearm.
A copy of the sworn statement and a copy
of the notification to the local law en-                  (ii) by its terms explicitly prohib-     (g) It shall be unlawful for any person—
forcement officer, together with evidence              its the use, attempted use, or
of receipt or rejection of that notification,          threatened use of physical force              (1) who has been convicted in any
shall be retained by the licensee as a part            against such intimate partner or            court of, a crime punishable by impris-
of the records required to be kept under               child that would reasonably be ex-          onment for a term exceeding one year;
section 923(g).                                        pected to cause bodily injury; or
                                                                                                      (2) who is a fugitive from justice;
  (d) It shall be unlawful for any person to         (9) has been convicted in any court
sell or otherwise dispose of any firearm or       of a misdemeanor crime of domestic                  (3) who is an unlawful user of or ad-
ammunition to any person knowing or               violence.                                        dicted to any controlled substance (as
having reasonable cause to believe that                                                            defined in section 102 of the Controlled
such person—                                    This subsection shall not apply with re-           Substances Act (21 U.S.C. 802));
                                                spect to the sale or disposition of a fire-
    (1) is under indictment for, or has         arm or ammunition to a licensed importer,            (4) who has been adjudicated as a
  been convicted in any court of, a crime       licensed manufacturer, licensed dealer, or         mental defective or who has been
  punishable by imprisonment for a term         licensed collector who pursuant to sub-            committed to a mental institution;
  exceeding one year;                           section (b) of section 925 of this chapter is
                                                not precluded from dealing in firearms or             (5) who, being an alien—
     (2) is a fugitive from justice;            ammunition, or to a person who has been
                                                granted relief from disabilities pursuant to            (A) is illegally or unlawfully in the
     (3) is an unlawful user of or addicted     subsection (c) of section 925 of this chap-           United States; or
  to any controlled substance (as defined       ter.
  in section 102 of the Controlled Sub-                                                                  (B) except as provided in subsec-
  stances Act (21 U.S.C. 802));                    (e) It shall be unlawful for any person            tion (y)(2), has been admitted to the
                                                knowingly to deliver or cause to be deliv-            United States under a nonimmigrant
    (4) has been adjudicated as a mental        ered to any common or contract carrier for            visa (as that term is defined in sec-
  defective or has been committed to any        transportation or shipment in interstate or           tion 101(a)(26) of the Immigration
  mental institution;                           foreign commerce, to persons other than               and Nationality Act (8 U.S.C.
                                                licensed importers, licensed manufactur-              1101(a)(26)));
     (5) who, being an alien—                   ers, licensed dealers, or licensed collec-
                                                tors, any package or other container in              (6) who has been discharged from
        (A) is illegally or unlawfully in the
                                                which there is any firearm or ammunition           the Armed Forces under dishonorable
     United States; or
                                                without written notice to the carrier that         conditions;
        (B) except as provided in subsec-
                                                such firearm or ammunition is being
     tion (y)(2), has been admitted to the
                                                transported or shipped; except that any              (7) who, having been a citizen of the
     United States under a nonimmigrant
                                                passenger who owns or legally possesses            United States, has renounced his citi-
     visa (as that term is defined in sec-
                                                a firearm or ammunition being transported          zenship;
     tion 101(a)(26) of the Immigration
                                                aboard any common or contract carrier for
     and Nationality Act (8 U.S.C.

                                                                                                                                             9
    (8) who is subject to a court order          which has been shipped or transported in,        son to manufacture, import, sell, ship,
  that—                                          interstate or foreign commerce, either           deliver, possess, transfer, or receive any
                                                 before or after it was stolen, knowing or        firearm—
       (A) was issued after a hearing of         having reasonable cause to believe that
     which such person received actual           the firearm or ammunition was stolen.                   (A) that, after removal of grips,
     notice, and at which such person had                                                             stocks, and magazines, is not as de-
     an opportunity to participate;                 (k) It shall be unlawful for any person           tectable as the Security Exemplar, by
                                                 knowingly to transport, ship, or receive, in         walk-through metal detectors cali-
        (B) restrains such person from           interstate or foreign commerce, any fire-            brated and operated to detect the
     harassing, stalking, or threatening an      arm which has had the importer's or                  Security Exemplar; or
     intimate partner of such person or          manufacturer's serial number removed,
     child of such intimate partner or per-      obliterated, or altered, or to possess or               (B) any major component of which,
     son, or engaging in other conduct           receive any firearm which has had the                when subjected to inspection by the
     that would place an intimate partner        importer's or manufacturer's serial number           types of x-ray machines commonly
     in reasonable fear of bodily injury to      removed, obliterated, or altered and has,            used at airports, does not generate
     the partner or child; and                   at any time, been shipped or transported             an image that accurately depicts the
                                                 in interstate or foreign commerce.                   shape of the component. Barium sul-
       (C) (i) includes a finding that such                                                           fate or other compounds may be
     person represents a credible threat to         (l) Except as provided in section 925(d)          used in the fabrication of the compo-
     the physical safety of such intimate        of this chapter, it shall be unlawful for any        nent.
     partner or child; or                        person knowingly to import or bring into
                                                 the United States or any possession                  (2) For purposes of this subsection—
          (ii) by its terms explicitly prohib-   thereof any firearm or ammunition; and it
       its the use, attempted use, or            shall be unlawful for any person knowingly              (A) the term "firearm" does not
       threatened use of physical force          to receive any firearm or ammunition                 include the frame or receiver of any
       against such intimate partner or          which has been imported or brought into              such weapon;
       child that would reasonably be ex-        the United States or any possession
       pected to cause bodily injury; or         thereof in violation of the provisions of this          (B) the term "major component"
                                                 chapter.                                             means, with respect to a firearm, the
     (9) who has been convicted in any                                                                barrel, the slide or cylinder, or the
  court of a misdemeanor crime of do-              (m) It shall be unlawful for any licensed          frame or receiver of the firearm; and
  mestic violence, to ship or transport in       importer, licensed manufacturer, licensed
  interstate or foreign commerce, or pos-        dealer, or licensed collector knowingly to             (C) the term "Security Exemplar"
  sess in or affecting commerce, any fire-       make any false entry in, to fail to make             means an object, to be fabricated at
  arm or ammunition; or to receive any           appropriate entry in, or to fail to properly         the direction of the Attorney General,
  firearm or ammunition which has been           maintain, any record which he is required            that is—
  shipped or transported in interstate or        to keep pursuant to section 923 of this
  foreign commerce.                              chapter or regulations promulgated there-                  (i) constructed of, during the 12-
                                                 under.                                                  month period beginning on the
   (h) It shall be unlawful for any individ-                                                             date of the enactment of this sub-
ual, who to that individual's knowledge             (n) It shall be unlawful for any person              section, 3.7 ounces of material
and while being employed for any person          who is under indictment for a crime pun-                type 17-4 PH stainless steel in a
described in any paragraph of subsection         ishable by imprisonment for a term ex-                  shape resembling a handgun; and
(g) of this section, in the course of such       ceeding one year to ship or transport in
employment—                                      interstate or foreign commerce any fire-                  (ii) suitable for testing and cali-
                                                 arm or ammunition or receive any firearm                brating metal detectors:
     (1) to receive, possess, or transport       or ammunition which has been shipped or
  any firearm or ammunition in or affect-        transported in interstate or foreign com-        Provided, however, That at the close of
  ing interstate or foreign commerce; or         merce.                                           such 12-month period, and at appropriate
                                                                                                  times thereafter the Attorney General
     (2) to receive any firearm or ammuni-          (o) (1) Except as provided in paragraph       shall promulgate regulations to permit the
  tion which has been shipped or trans-          (2), it shall be unlawful for any person to      manufacture, importation, sale, shipment,
  ported in interstate or foreign                transfer or possess a machinegun.                delivery, possession, transfer, or receipt
  commerce.                                                                                       of firearms previously prohibited under
                                                     (2) This subsection does not apply           this subparagraph that are as detectable
   (i) It shall be unlawful for any person to      with respect to—                               as a "Security Exemplar" which contains
transport or ship in interstate or foreign                                                        3.7 ounces of material type 17-4 PH
                                                         (A) a transfer to or by, or posses-
commerce, any stolen firearm or stolen                                                            stainless steel, in a shape resembling a
                                                      sion by or under the authority of, the
ammunition, knowing or having reason-                                                             handgun, or such lesser amount as is
                                                      United States or any department or
able cause to believe that the firearm or                                                         detectable in view of advances in state-of-
                                                      agency thereof or a State, or a de-
ammunition was stolen.                                                                            the-art developments in weapons detec-
                                                      partment, agency, or political subdi-
                                                                                                  tion technology.
                                                      vision thereof; or
   (j) It shall be unlawful for any person to
                                                                                                       (3) Under such rules and regulations
receive, possess, conceal, store, barter,               (B) any lawful transfer or lawful
                                                                                                    as the Attorney General shall prescribe,
sell, or dispose of any stolen firearm or             possession of a machinegun that
                                                                                                    this subsection shall not apply to the
stolen ammunition, or pledge or accept as             was lawfully possessed before the
                                                                                                    manufacture, possession, transfer, re-
security for a loan any stolen firearm or             date this subsection takes effect.
                                                                                                    ceipt, shipment, or delivery of a firearm
stolen ammunition, which is moving as,
                                                                                                    by a licensed manufacturer or any per-
which is a part of, which constitutes, or          (p) (1) It shall be unlawful for any per-

10
  son acting pursuant to a contract with a
  licensed manufacturer, for the purpose            (E) while criminals freely move                      (I) not loaded; and
  of examining and testing such firearm          from State to State, ordinary citizens
  to determine whether paragraph (1) ap-         and foreign visitors may fear to travel                 (II) in a locked container, or a
  plies to such firearm. The Attorney            to or through certain parts of the                   locked firearms rack that is on a
  General shall ensure that rules and            country due to concern about violent                 motor vehicle;
  regulations adopted pursuant to this           crime and gun violence, and parents
  paragraph do not impair the manufac-           may decline to send their children to                (iv) by an individual for use in a
  ture of prototype firearms or the devel-       school for the same reason;                        program approved by a school in
  opment of new technology.                                                                         the school zone;
                                                    (F) the occurrence of violent crime
     (4) The Attorney General shall permit       in school zones has resulted in a de-                (v) by an individual in accor-
  the conditional importation of a firearm       cline in the quality of education in our           dance with a contract entered into
  by a licensed importer or licensed             country;                                           between a school in the school
  manufacturer, for examination and test-                                                           zone and the individual or an em-
  ing to determine whether or not the un-           (G) this decline in the quality of              ployer of the individual;
  conditional importation of such firearm        education has an adverse impact on
  would violate this subsection.                 interstate commerce and the foreign                   (vi) by a law enforcement officer
                                                 commerce of the United States;                     acting in his or her official capacity;
    (5) This subsection shall not apply to                                                          or
  any firearm which—                                (H) States, localities, and school
                                                 systems find it almost impossible to                  (vii) that is unloaded and is pos-
       (A) has been certified by the Sec-        handle gun-related crime by them-                  sessed by an individual while trav-
    retary of Defense or the Director of         selves--even States, localities, and               ersing school premises for the
    Central Intelligence, after consulta-        school systems that have made                      purpose of gaining access to pub-
    tion with the Attorney General and           strong efforts to prevent, detect, and             lic or private lands open to hunting,
    the Administrator of the Federal Avia-       punish gun-related crime find their ef-            if the entry on school premises is
    tion Administration, as necessary for        forts unavailing due in part to the fail-          authorized by school authorities.
    military or intelligence applications;       ure or inability of other States or
    and                                          localities to take strong measures;              (3) (A) Except as provided in sub-
                                                 and                                           paragraph (B), it shall be unlawful for
      (B) is manufactured for and sold                                                         any person, knowingly or with reckless
    exclusively to military or intelligence         (I) the Congress has the power,            disregard for the safety of another, to
    agencies of the United States.               under the interstate commerce                 discharge or attempt to discharge a
                                                 clause and other provisions of the            firearm that has moved in or that other-
     (6) This subsection shall not apply         Constitution, to enact measures to            wise affects interstate or foreign com-
  with respect to any firearm manufac-           ensure the integrity and safety of the        merce at a place that the person knows
  tured in, imported into, or possessed in       Nation's schools by enactment of this         is a school zone.
  the United States before the date of the       subsection.
  enactment of the Undetectable Fire-                                                              (B) Subparagraph (A) does not
  arms Act of 1988.                               (2) (A) It shall be unlawful for any in-       apply to the discharge of a firearm—
                                               dividual knowingly to possess a firearm
   (q) (1) The Congress finds and de-          that has moved in or that otherwise af-                (i) on private property not part of
clares that—                                   fects interstate or foreign commerce at              school grounds;
                                               a place that the individual knows, or
       (A) crime, particularly crime involv-   has reasonable cause to believe, is a                   (ii) as part of a program ap-
    ing drugs and guns, is a pervasive,        school zone.                                         proved by a school in the school
    nationwide problem;                                                                             zone, by an individual who is par-
                                                   (B) Subparagraph (A) does not                    ticipating in the program;
       (B) crime at the local level is exac-     apply to the possession of a fire-
    erbated by the interstate movement           arm—                                                  (iii) by an individual in accor-
    of drugs, guns, and criminal gangs;                                                             dance with a contract entered into
                                                      (i) on private property not part of           between a school in a school zone
       (C) firearms and ammunition move             school grounds;                                 and the individual or an employer
    easily in interstate commerce and                                                               of the individual; or
    have been found in increasing num-                 (ii) if the individual possessing
    bers in and around schools, as                  the firearm is licensed to do so by               (iv) by a law enforcement officer
    documented in numerous hearings in              the State in which the school zone              acting in his or her official capacity.
    both the Committee on the Judiciary             is located or a political subdivision
    of the House of Representatives and             of the State, and the law of the              (4) Nothing in this subsection shall be
    the Committee on the Judiciary of the           State or political subdivision re-         construed as preempting or preventing
    Senate;                                         quires that, before an individual          a State or local government from enact-
                                                    obtains such a license, the law en-        ing a statute establishing gun free
       (D) in fact, even before the sale of         forcement authorities of the State         school zones as provided in this sub-
    a firearm, the gun, its component               or political subdivision verify that       section.
    parts, ammunition, and the raw mate-            the individual is qualified under law
    rials from which they are made have             to receive the license;                    (r) It shall be unlawful for any person to
    considerably moved in interstate                                                         assemble from imported parts any semi-
    commerce;                                         (iii) that is—                         automatic rifle or any shotgun which is


                                                                                                                                        11
identical to any rifle or shotgun prohibited       has not received information from         the Attorney General has certified
from importation under section 925(d)(3)           the chief law enforcement officer         that compliance with subparagraph
of this chapter as not being particularly          that receipt or possession of the         (A)(i)(III) is impracticable because—
suitable for or readily adaptable to sport-        handgun by the transferee would
ing purposes except that this subsection           be in violation of Federal, State, or          (i) the ratio of the number of law
shall not apply to—                                local law; or                                enforcement officers of the State in
                                                                                                which the transfer is to occur to the
    (1) the assembly of any such rifle or               (II) the transferor has received        number of square miles of land
  shotgun for sale or distribution by a li-          notice from the chief law en-              area of the State does not exceed
  censed manufacturer to the United                  forcement officer that the officer         0.0025;
  States or any department or agency                 has no information indicating
  thereof or to any State or any depart-             that receipt or possession of the             (ii) the business premises of the
  ment, agency, or political subdivision             handgun by the transferee                  transferor at which the transfer is
  thereof; or                                        would violate Federal, State, or           to occur are extremely remote in
                                                     local law;                                 relation to the chief law enforce-
     (2) the assembly of any such rifle or                                                      ment officer; and
  shotgun for the purposes of testing or            (B) the transferee has presented to
  experimentation authorized by the At-          the transferor a written statement, is-          (iii) there is an absence of tele-
  torney General.                                sued by the chief law enforcement of-          communications facilities in the
                                                 ficer of the place of residence of the         geographical area in which the
   (s) (1) Beginning on the date that is 90      transferee during the 10-day period            business premises are located.
days after the date of enactment of this         ending on the date of the most recent
subsection and ending on the day before          proposal of such transfer by the            (2) A chief law enforcement officer to
the date that is 60 months after such date       transferee, stating that the transferee   whom a transferor has provided notice
of enactment, it shall be unlawful for any       requires access to a handgun be-          pursuant to paragraph (1)(A)(i)(III) shall
licensed importer, licensed manufacturer,        cause of a threat to the life of the      make a reasonable effort to ascertain
or licensed dealer to sell, deliver, or trans-   transferee or of any member of the        within 5 business days whether receipt
fer a handgun (other than the return of a        household of the transferee;              or possession would be in violation of
handgun to the person from whom it was                                                     the law, including research in whatever
received) to an individual who is not li-          (C) (i) the transferee has pre-         State and local recordkeeping systems
censed under section 923, unless—                sented to the transferor a permit         are available and in a national system
                                                 that—                                     designated by the Attorney General.
        (A) after the most recent proposal
     of such transfer by the transferee—               (I) allows the transferee to          (3) The statement referred to in para-
                                                     possess or acquire a handgun;         graph (1)(A)(i)(I) shall contain only—
          (i) the transferor has—                    and
                                                                                                (A) the name, address, and date of
             (I) received from the trans-               (II) was issued not more than        birth appearing on a valid identifica-
          feree a statement of the trans-            5 years earlier by the State in         tion document (as defined in section
          feree containing the information           which the transfer is to take           1028(d)(1)) of the transferee contain-
          described in paragraph (3);                place; and                              ing a photograph of the transferee
                                                                                             and a description of the identification
             (II) verified the identity of the        (ii) the law of the State provides     used;
          transferee by examining the              that such a permit is to be issued
          identification document pre-             only after an authorized govern-             (B) a statement that the trans-
          sented;                                  ment official has verified that the       feree—
                                                   information available to such offi-
             (III) within 1 day after the          cial does not indicate that posses-             (i) is not under indictment for,
          transferee furnishes the state-          sion of a handgun by the                     and has not been convicted in any
          ment, provided notice of the             transferee would be in violation of          court of, a crime punishable by im-
          contents of the statement to the         the law;                                     prisonment for a term exceeding 1
          chief law enforcement officer of                                                      year, and has not been convicted
          the place of residence of the             (D) the law of the State requires           in any court of a misdemeanor
          transferee; and                        that, before any licensed importer, li-        crime of domestic violence;
                                                 censed manufacturer, or licensed
             (IV) within 1 day after the         dealer completes the transfer of a               (ii) is not a fugitive from justice;
          transferee furnishes the state-        handgun to an individual who is not
          ment, transmitted a copy of the        licensed under section 923, an au-                (iii) is not an unlawful user of or
          statement to the chief law en-         thorized government official verify            addicted to any controlled sub-
          forcement officer of the place of      that the information available to such         stance (as defined in section 102
          residence of the transferee; and       official does not indicate that posses-        of the Controlled Substances Act);
                                                 sion of a handgun by the transferee
         (ii) (I) 5 business days (meaning       would be in violation of law;
       days on which State offices are              (E) the Attorney General has ap-
       open) have elapsed from the date          proved the transfer under section
       the transferor furnished notice of        5812 of the Internal Revenue Code
       the contents of the statement to          of 1954; or
       the chief law enforcement officer,
       during which period the transferor          (F) on application of the transferor,


12
       (iv) has not been adjudicated as           (B) Unless the chief law enforce-           (t) (1) Beginning on the date that is 30
     a mental defective or been com-           ment officer to whom a statement is         days after the Attorney General notifies
     mitted to a mental institution;           transmitted       under     paragraph       licensees under section 103(d) of the
                                               (1)(A)(i)(IV) determines that a trans-      Brady Handgun Violence Prevention Act
       (v) is not an alien who—                action would violate Federal, State,        that the national instant criminal back-
                                               or local law—                               ground check system is established, a
         (I) is illegally or unlawfully in                                                 licensed importer, licensed manufacturer,
       the United States; or                        (i) the officer shall, within 20       or licensed dealer shall not transfer a
                                                 business days after the date the          firearm to any other person who is not
          (II) subject to subsection             transferee made the statement on          licensed under this chapter, unless—
       (y)(2), has been admitted to the          the basis of which the notice was
       United States under a nonimmi-            provided, destroy the statement,                 (A) before the completion of the
       grant visa (as that term is de-           any record containing information             transfer, the licensee contacts the
       fined in section 101(a)(26) of the        derived from the statement, and               national instant criminal background
       Immigration and Nationality Act           any record created as a result of             check system established under sec-
       (8 U.S.C. 1101(a)(26)));                  the notice required by paragraph              tion 103 of that Act;
                                                 (1)(A)(i)(III);
        (vi) has not been discharged                                                             (B) (i) the system provides the li-
     from the Armed Forces under dis-              (ii) the information contained in           censee with a unique identification
     honorable conditions; and                   the statement shall not be con-               number; or
                                                 veyed to any person except a per-
       (vii) is not a person who, having         son who has a need to know in                      (ii) 3 business days (meaning a
     been a citizen of the United States,        order to carry out this subsection;           day on which State offices are open)
     has renounced such citizenship;             and                                           have elapsed since the licensee con-
                                                                                               tacted the system, and the system
   (C) the date the statement is                    (iii) the information contained in         has not notified the licensee that the
  made; and                                      the statement shall not be used for           receipt of a firearm by such other
                                                 any purpose other than to carry out           person would violate subsection (g)
     (D) notice that the transferee in-          this subsection.                              or (n) of this section; and
  tends to obtain a handgun from the
  transferor.                                     (C) If a chief law enforcement offi-             (C) the transferor has verified the
                                               cer determines that an individual is            identity of the transferee by examin-
   (4) Any transferor of a handgun who,        ineligible to receive a handgun and             ing a valid identification document
after such transfer, receives a report         the individual requests the officer to          (as defined in section 1028(d) of this
from a chief law enforcement officer           provide the reason for such determi-            title) of the transferee containing a
containing information that receipt or         nation, the officer shall provide such          photograph of the transferee.
possession of the handgun by the               reasons to the individual in writing
transferee violates Federal, State, or         within 20 business days after receipt            (2) If receipt of a firearm would not
local law shall, within 1 business day af-     of the request.                               violate section 922 (g) or (n) or State
ter receipt of such request, communi-                                                        law, the system shall—
cate any information related to the             (7) A chief law enforcement officer or
transfer that the transferor has about       other person responsible for providing              (A) assign a unique identification
the transfer and the transferee to—          criminal history background information           number to the transfer;
                                             pursuant to this subsection shall not be
     (A) the chief law enforcement offi-     liable in an action at law for damages—             (B) provide the licensee with the
  cer of the place of business of the                                                          number; and
  transferor; and                                 (A) for failure to prevent the sale or
                                               transfer of a handgun to a person                  (C) destroy all records of the sys-
     (B) the chief law enforcement offi-       whose receipt or possession of the              tem with respect to the call (other
  cer of the place of residence of the         handgun is unlawful under this sec-             than the identifying number and the
  transferee.                                  tion; or                                        date the number was assigned) and
                                                                                               all records of the system relating to
   (5) Any transferor who receives in-            (B) for preventing such a sale or            the person or the transfer.
formation, not otherwise available to the      transfer to a person who may lawfully
public, in a report under this subsection      receive or possess a handgun.                    (3) Paragraph (1) shall not apply to a
shall not disclose such information ex-                                                      firearm transfer between a licensee and
cept to the transferee, to law enforce-        (8) For purposes of this subsection,          another person if—
ment authorities, or pursuant to the         the term "chief law enforcement offi-
direction of a court of law.                 cer" means the chief of police, the                 (A) (i) such other person has pre-
                                             sheriff, or an equivalent officer or the          sented to the licensee a permit that—
   (6) (A) Any transferor who sells, de-     designee of any such individual.
livers, or otherwise transfers a handgun                                                              (I) allows such other person to
to a transferee shall retain the copy of        (9) The Attorney General shall take               possess or acquire a firearm; and
the statement of the transferee with re-     necessary actions to ensure that the
spect to the handgun transaction, and        provisions of this subsection are pub-                   (II) was issued not more than
shall retain evidence that the transferor    lished and disseminated to licensed                  5 years earlier by the State in
has complied with subclauses (III) and       dealers, law enforcement officials, and              which the transfer is to take place;
(IV) of paragraph (1)(A)(i) with respect     the public.                                          and
to the statement.


                                                                                                                                   13
          (ii) the law of the State provides      of not more than $5,000.                         dence of the juvenile (or on
       that such a permit is to be issued                                                          property used for ranching or farm-
       only after an authorized govern-              (6) Neither a local government nor an         ing at which the juvenile, with the
       ment official has verified that the        employee of the Federal Government               permission of the property owner
       information available to such offi-        or of any State or local government, re-         or lessee, is performing activities
       cial does not indicate that posses-        sponsible for providing information to           related to the operation of the farm
       sion of a firearm by such other            the national instant criminal background         or ranch), target practice, hunting,
       person would be in violation of law;       check system shall be liable in an ac-           or a course of instruction in the
                                                  tion at law for damages –                        safe and lawful use of a handgun;
        (B) the Attorney General has ap-
     proved the transfer under section                  (A) for failure to prevent the sale or        (ii) with the prior written consent
     5812 of the Internal Revenue Code               transfer of a firearm to a person             of the juvenile's parent or guardian
     of 1954; or                                     whose receipt or possession of the            who is not prohibited by Federal,
                                                     firearm is unlawful under this section;       State, or local law from possessing
        (C) on application of the transferor,        or                                            a firearm, except—
     the Attorney General has certified
     that compliance with paragraph                     (B) for preventing such a sale or                (I) during transportation by the
     (1)(A) is impracticable because—                transfer to a person who may lawfully            juvenile of an unloaded handgun
                                                     receive or possess a firearm.                    in a locked container directly
         (i) the ratio of the number of law                                                           from the place of transfer to a
       enforcement officers of the State in                                                           place at which an activity de-
                                                 (u) It shall be unlawful for a person to
       which the transfer is to occur to the                                                          scribed in clause (i) is to take
                                                steal or unlawfully take or carry away from
       number of square miles of land                                                                 place and transportation by the
                                                the person or the premises of a person
       area of the State does not exceed                                                              juvenile of that handgun,
                                                who is licensed to engage in the business
       0.0025;                                                                                        unloaded and in a locked con-
                                                of importing, manufacturing, or dealing in
                                                                                                      tainer, directly from the place at
                                                firearms, any firearm in the licensee's
          (ii) the business premises of the                                                           which such an activity took place
                                                business inventory that has been shipped
       licensee at which the transfer is to                                                           to the transferor; or
                                                or transported in interstate or foreign com-
       occur are extremely remote in rela-
                                                merce.
       tion to the chief law enforcement                                                                 (II) with respect to ranching or
       officer (as defined in subsection                                                              farming activities as described in
                                                 (v) Repealed.
       (s)(8)); and                                                                                   clause (i), a juvenile may pos-
                                                                                                      sess and use a handgun or
                                                 (w) Repealed.
         (iii) there is an absence of tele-                                                           ammunition with the prior written
       communications facilities in the                                                               approval of the juvenile's parent
                                                 (x) (1) It shall be unlawful for a person to
       geographical area in which the                                                                 or legal guardian and at the di-
                                                sell, deliver, or otherwise transfer to a
       business premises are located.                                                                 rection of an adult who is not
                                                person who the transferor knows or has
                                                                                                      prohibited by Federal, State or
                                                reasonable cause to believe is a juve-
    (4) If the national instant criminal                                                              local law from possessing a fire-
                                                nile—
 background check system notifies the                                                                 arm;
 licensee that the information available
                                                       (A) a handgun; or
 to the system does not demonstrate                                                                  (iii) the juvenile has the prior
 that the receipt of a firearm by such                                                             written consent in the juvenile's
                                                       (B) ammunition that is suitable for
 other person would violate subsection                                                             possession at all times when a
                                                     use only in a handgun.
 (g) or (n) or State law, and the licensee                                                         handgun is in the possession of
 transfers a firearm to such other per-                                                            the juvenile; and
                                                    (2) It shall be unlawful for any person
 son, the licensee shall include in the re-
                                                  who is a juvenile to knowingly pos-
 cord of the transfer the unique                                                                     (iv) in accordance with State
                                                  sess—
 identification number provided by the                                                             and local law;
 system with respect to the transfer.
                                                       (A) a handgun; or
                                                                                                   (B) a juvenile who is a member of
    (5) If the licensee knowingly transfers                                                      the Armed Forces of the United
                                                       (B) ammunition that is suitable for
 a firearm to such other person and                                                              States or the National Guard who
                                                     use only in a handgun.
 knowingly fails to comply with para-                                                            possesses or is armed with a hand-
 graph (1) of this subsection with respect                                                       gun in the line of duty;
 to the transfer and, at the time such              (3) This subsection does not apply
 other person most recently proposed              to—                                              (C) a transfer by inheritance of title
 the transfer, the national instant crimi-                                                       (but not possession) of a handgun or
 nal background check system was op-                    (A) a temporary transfer of a            ammunition to a juvenile; or
 erating and information was available to            handgun or ammunition to a juvenile
 the system demonstrating that receipt               or to the possession or use of a               (D) the possession of a handgun
 of a firearm by such other person would             handgun or ammunition by a juvenile         or ammunition by a juvenile taken in
 violate subsection (g) or (n) of this sec-          if the handgun and ammunition are           defense of the juvenile or other per-
 tion or State law, the Attorney General             possessed and used by the juve-             sons against an intruder into the
 may, after notice and opportunity for a             nile—                                       residence of the juvenile or a resi-
 hearing, suspend for not more than 6                                                            dence in which the juvenile is an in-
 months or revoke any license issued to                   (i) in the course of employment,       vited guest.
 the licensee under section 923, and                   in the course of ranching or farm-
 may impose on the licensee a civil fine               ing related to activities at the resi-    (4) A handgun or ammunition, the


14
  possession of which is transferred to a         tional organization having its                           Editor’s Note:
  juvenile in circumstances in which the          headquarters in the United States;
  transferor is not in violation of this sub-     or                                             18 U.S.C. § 922(z) was added to
  section shall not be subject to perma-                                                       the Gun Control Act as part of the
  nent confiscation by the Government if            (ii) en route to or from another           “Protection of Lawful Commerce in
  its possession by the juvenile subse-           country to which that alien is ac-           Arms Act” enacted on October 26,
  quently becomes unlawful because of             credited;                                    2005. It is effective April 24, 2006.
  the conduct of the juvenile, but shall be
  returned to the lawful owner when such          (C) an official of a foreign govern-      (z) SECURE GUN STORAGE OR
  handgun or ammunition is no longer re-        ment or a distinguished foreign visitor   SAFTEY DEVICE—
  quired by the Government for the pur-         who has been so designated by the
  poses of investigation or prosecution.        Department of State; or                         (1) IN GENERAL- Except as
                                                                                            Provided under paragraph (2), it shall
    (5) For purposes of this subsection,           (D) a foreign law enforcement offi-      be unlawful for any licensed
  the term "juvenile" means a person            cer of a friendly foreign government        importer, licensed manufacturer, or
  who is less than 18 years of age.             entering the United States on official      licensed dealer to sell, deliver, or
                                                law enforcement business.                   transfer any handgun to any person
    (6) (A) In a prosecution of a violation     (3) Waiver.                                 other than any person licensed under
  of this subsection, the court shall re-                                                   this chapter, unless the transferee is
  quire the presence of a juvenile defen-          (A) Conditions for waiver. Any in-       provided with a secure gun storage
  dant's parent or legal guardian at all        dividual who has been admitted to           or safety device (as defined in sec
  proceedings.                                  the United States under a nonimmi-          tion 921(a)(34)) for that handgun.
                                                grant visa may receive a waiver from
      (B) The court may use the con-            the requirements of subsection                  (2) EXCEPTIONS – Paragraph
    tempt power to enforce subpara-             (g)(5), if—                                   shall not apply to--
    graph (A).
                                                    (i) the individual submits to the        (A)(i) the manufacture for, transfer
       (C) The court may excuse atten-            Attorney General a petition that          to, or possession by, the United
    dance of a parent or legal guardian of        meets the requirements of sub-            States, a department or agency of the
    a juvenile defendant at a proceeding          paragraph (C); and                        United States, a State, or a depart
    in a prosecution of a violation of this                                                  ment, agency, or political subdivision
    subsection for good cause shown.                (ii) the Attorney General ap-            of a State, of a handgun; or
                                                  proves the petition.
                                                                                              (ii) the transfer to, or possession
  (y) Provisions relating to aliens admit-
                                                  (B) Petition. Each petition under         by, a law enforcement officer em
ted under nonimmigrant visas.
                                                subparagraph (B) shall—                     ployed by an entity referred to in
                                                                                            clause (i) of a handgun for law en
    (1) Definitions. In this subsection—
                                                     (i) demonstrate that the peti-         forcement purposes (whether on or
                                                  tioner has resided in the United          off duty); or
       (A) the term "alien" has the same
                                                  States for a continuous period of
    meaning as in section 101(a)(3) of
                                                  not less than 180 days before the           (B) the transfer to, or possession by
    the Immigration and Nationality Act
                                                  date on which the petition is sub-       a rail police officer employed by a rail
    (8 U.S.C. 1101(a)(3)); and
                                                  mitted under this paragraph; and         carrier and certified or commissioned
                                                                                           as a police officer under the laws of a
       (B) the term "nonimmigrant visa"
                                                     (ii) include a written statement      State of a handgun for purposes of law
    has the same meaning as in sec-
                                                  from the embassy or consulate of         enforcement (whether on or off duty);
    tion 101(a)(26) of the Immigration
                                                  the petitioner, authorizing the peti-
    and Nationality Act (8 U.S.C.
                                                  tioner to acquire a firearm or am-         (C) the transfer to any person of a
    1101(a)(26)).
                                                  munition and certifying that the        handgun listed as a curio or relic by
                                                  alien would not, absent the appli-      the Secretary pursuant to section
     (2)_Exceptions._Subsections (d)(5)           cation of subsection (g)(5)(B), oth-    921(a)(13); or
  (B), (g)(5)(B), and (s)(3)(B)(v)(II) do not     erwise be prohibited from such
  apply to any alien who has been law-            acquisition under subsection (g).            (D) the transfer to any person of a
  fully admitted to the United States un-                                                  handgun for which a secure gun stor
  der a nonimmigrant visa, if that alien          (C) Approval of petition. The Attor-     age or safety device is temporarily
  is—                                           ney General shall approve a petition       unavailable for the reasons described
                                                submitted in accordance with this          in the exceptions stated in section
       (A) admitted to the United States        paragraph, if the Attorney General         923(e), if the licensed manufacturer,
    for lawful hunting or sporting pur-         determines that waiving the require-       licensed importer, or licensed dealer
    poses or is in possession of a hunt-        ments of subsection (g)(5)(B) with         delivers to the transferee within 10
    ing license or permit lawfully issued       respect to the petitioner—                 calendar days from the date of the
    in the United States;                                                                  delivery of the handgun to the trans
                                                     (i) would be in the interests of      feree a secure gun storage or safety
       (B) an official representative of a        justice; and                             device for the handgun.
    foreign government who is—
                                                    (ii) would not jeopardize the            (3) LIABILITY FOR USE –
         (i) accredited to the United             public safety.
       States Government or the Gov-                                                        (A) IN GENERAL– Nothwithstanding
       ernment's mission to an interna-                                                    any other provision of law, a person


                                                                                                                                 15
who has lawful possession and control of                 (B) of firearms other than destruc-     a licensee within one year after its transfer
a handgun, and who uses a secure gun                  tive devices, a fee of $50 per year; or    from his business inventory into such
storage or safety device with the hand-                                                          licensee's personal collection or if such
gun, shall be entitled to immunity from a                (C) of ammunition for firearms,         disposition or any other acquisition is
qualified civil liability action.                     other than ammunition for destructive      made for the purpose of willfully evading
                                                      devices or armor piercing ammuni-          the restrictions placed upon licensees by
  (B) PROSPECTIVE ACTIONS- A quali-                   tion, a fee of $10 per year.               this chapter, then such firearm shall be
fied civil liability action may not be brought                                                   deemed part of such licensee's business
in any Federal or State court.                        (2) If the applicant is an importer—       inventory, except that any licensed manu-
                                                                                                 facturer, importer, or dealer who has
 (C) DEFINED TERM – As used in this                      (A) of destructive devices, ammu-       maintained a firearm as part of a personal
paragraph, the term qualified civil liability         nition for destructive devices or ar-      collection for one year and who sells or
action--                                              mor piercing ammunition, a fee of          otherwise disposes of such firearm shall
                                                      $1,000 per year; or                        record the description of the firearm in a
   (i) means a civil action brought by                                                           bound volume, containing the name and
  any person against a person                            (B) of firearms other than destruc-     place of residence and date of birth of the
  described in subparagraph (A) for                   tive devices or ammunition for fire-       transferee if the transferee is an individ-
  damages resulting from the criminal                 arms other than destructive devices,       ual, or the identity and principal and local
  or unlawful misuse of the handgun                   or ammunition other than armor             places of business of the transferee if the
  by a third party, if—                               piercing ammunition, a fee of $50 per      transferee is a corporation or other busi-
                                                      year.                                      ness entity: Provided, That no other re-
      (I) the handgun was accessed by                                                            cordkeeping shall be required.
     another person who did not have the              (3) If the applicant is a dealer—
     permission or authorization of the                                                            (d) (1) Any application submitted under
     person having lawful possession and                (A) in destructive devices or am-        subsection (a) or (b) of this section shall
     control of the handgun to have ac-               munition for destructive devices, a        be approved if—
     cess to it; and                                  fee of $1,000 per year; or
                                                                                                        (A) the applicant is twenty-one
       (II) at the time access was gained                (B) who is not a dealer in destruc-          years of age or over;
     by the person not so authorized,                 tive devices, a fee of $200 for 3
     the handgun had been made                        years, except that the fee for renewal             (B) the applicant (including, in the
     in operable by use of a secure gun               of a valid license shall be $90 for 3           case of a corporation, partnership, or
     storage or safety device; and                    years.                                          association, any individual possess-
                                                                                                      ing, directly or indirectly, the power to
   (ii) shall not include an action brought              (C) Repealed by Pub. L. 103-159,             direct or cause the direction of the
 against the person having lawful                     Title III, 303(4), Nov. 30, 1993, 107           management and policies of the cor-
 possession and control of the handgun                Stat. 1546.                                     poration, partnership, or association)
 for negligent entrustment or negligence                                                              is not prohibited from transporting,
 per se.                                            (b) Any person desiring to be licensed            shipping, or receiving firearms or
                                                 as a collector shall file an application for         ammunition in interstate or foreign
          APPENDIX A – Repealed.                 such license with the Attorney General.              commerce under section 922(g) and
                                                 The application shall be in such form and            (n) of this chapter;
§ 923 Licensing.                                 contain only that information necessary to              (C) the applicant has not willfully
                                                 determine eligibility as the Attorney Gen-           violated any of the provisions of this
    (a) No person shall engage in the busi-      eral shall by regulation prescribe. The fee          chapter or regulations issued there-
ness of importing, manufacturing, or deal-       for such license shall be $10 per year.              under;
ing in firearms, or importing or                 Any license granted under this subsection
manufacturing ammunition, until he has           shall only apply to transactions in curios              (D) the applicant has not willfully
filed an application with and received a         and relics.                                          failed to disclose any material infor-
license to do so from the Attorney Gen-                                                               mation required, or has not made any
eral. The application shall be in such form         (c) Upon the filing of a proper applica-          false statement as to any material
and contain only that information neces-         tion and payment of the prescribed fee,              fact, in connection with his applica-
sary to determine eligibility for licensing as   the Attorney General shall issue to a                tion;
the Attorney General shall by regulation         qualified applicant the appropriate license
prescribe and shall include a photograph         which, subject to the provisions of this                (E) the applicant has in a State (i)
and finger-prints of the applicant. Each         chapter and other applicable provisions of           premises from which he conducts
applicant shall pay a fee for obtaining          law, shall entitle the licensee to transport,        business subject to license under this
such a license, a separate fee being re-         ship, and receive firearms and ammuni-               chapter or from which he intends to
quired for each place in which the appli-        tion covered by such license in interstate           conduct such business within a rea-
cant is to do business, as follows:              or foreign commerce during the period                sonable period of time, or (ii) in the
                                                 stated in the license. Nothing in this chap-         case of a collector, premises from
     (1) If the applicant is a manufac-          ter shall be construed to prohibit a li-             which he conducts his collecting sub-
  turer—                                         censed manufacturer, importer, or dealer             ject to license under this chapter or
                                                 from maintaining and disposing of a per-             from which he intends to conduct
        (A) of destructive devices, ammu-        sonal collection of firearms, subject only           such collecting within a reasonable
     nition for destructive devices or ar-       to such restrictions as apply in this chap-          period of time;
     mor piercing ammunition, a fee of           ter to dispositions by a person other than
     $1,000 per year;                            a licensed manufacturer, importer, or                  (F) the applicant certifies that—
                                                 dealer. If any firearm is so disposed of by


16
         (i) the business to be conducted       are sold under the license to persons who        tuted against a licensee alleging any
       under the license is not prohibited      are not licensees (except that in any case       violation of this chapter or of rules or
       by State or local law in the place       in which a secure gun storage or safety          regulations prescribed under this chap-
       where the licensed premise is lo-        device is temporarily unavailable because        ter, and the licensee is acquitted of
       cated;                                   of theft, casualty loss, consumer sales,         such charges, or such proceedings are
                                                backorders from a manufacturer, or any           terminated, other than upon motion of
         (ii)(I) within 30 days after the       other similar reason beyond the control of       the Government before trial upon such
       application is approved the busi-        the licensee, the dealer shall not be con-       charges, the Attorney General shall be
       ness will comply with the require-       sidered to be in violation of the require-       absolutely barred from denying or re-
       ments of State and local law             ment to make available such a device).           voking any license granted under this
       applicable to the conduct of the         The Attorney General may, after notice           chapter where such denial or revoca-
       business; and                            and opportunity for hearing, revoke the          tion is based in whole or in part on the
                                                license of a dealer who willfully transfers      facts which form the basis of such
              (II) the business will not be     armor piercing ammunition. The Attorney          criminal charges. No proceedings for
          conducted under the license un-       General’s action under this subsection           the revocation of a license shall be in-
          til the requirements of State and     may be reviewed only as provided in sub-         stituted by the Attorney General more
          local law applicable to the busi-     section (f) of this section.                     than one year after the filing of the in-
          ness have been met; and                                                                dictment or information.
                                                   (f) (1) Any person whose application for
                                                                                                  (g) (1) (A) Each licensed importer, li-
         (iii) that the applicant has sent      a license is denied and any holder of a
                                                                                               censed manufacturer, and licensed dealer
       or delivered a form to be pre-           license which is revoked shall receive a
                                                                                               shall maintain such records of importation,
       scribed by the Attorney General, to      written notice from the Attorney General
                                                                                               production, shipment, receipt, sale, or
       the chief law enforcement officer of     stating specifically the grounds upon
                                                                                               other disposition of firearms at his place of
       the locality in which the premises       which the application was denied or upon
                                                                                               business for such period, and in such
       are located, which indicates that        which the license was revoked. Any notice
                                                                                               form, as the Attorney General may by
       the applicant intends to apply for a     of a revocation of a license shall be given
                                                                                               regulations prescribe. Such importers,
       Federal firearms license; and            to the holder of such license before the
                                                                                               manufacturers, and dealers shall not be
                                                effective date of the revocation.
                                                                                               required to submit to the Attorney General
        (G) in the case of an application to
                                                                                               reports and information with respect to
     be licensed as a dealer, the applicant          (2) If the Attorney General denies an
                                                                                               such records and the contents thereof,
     certifies that secure gun storage or         application for, or revokes, a license, he
                                                                                               except as expressly required by this sec-
     safety devices will be available at any      shall, upon request by the aggrieved
                                                                                               tion. The Attorney General, when he has
     place in which firearms are sold un-         party, promptly hold a hearing to review
                                                                                               reasonable cause to believe a violation of
     der the license to persons who are           his denial or revocation. In the case of a
                                                                                               this chapter has occurred and that evi-
     not licensees (subject to the excep-         revocation of a license, the Attorney
                                                                                               dence thereof may be found on such
     tion that in any case in which a se-         General shall upon the request of the
                                                                                               premises, may, upon demonstrating such
     cure gun storage or safety device is         holder of the license stay the effective
                                                                                               cause before a Federal magistrate and
     temporarily unavailable because of           date of the revocation. A hearing held
                                                                                               securing from such magistrate a warrant
     theft, casualty loss, consumer sales,        under this paragraph shall be held at a
                                                                                               authorizing entry, enter during business
     backorders from a manufacturer, or           location convenient to the aggrieved
                                                                                               hours the premises (including places of
     any other similar reason beyond the          party.
                                                                                               storage) of any licensed firearms importer,
     control of the licensee, the dealer
                                                                                               licensed manufacturer, licensed dealer,
     shall not be considered to be in viola-         (3) If after a hearing held under para-
                                                                                               licensed collector, or any licensed im-
     tion of the requirement under this           graph (2) the Attorney General decides
                                                                                               porter or manufacturer of ammunition, for
     subparagraph to make available such          not to reverse his decision to deny an
                                                                                               the purpose of inspecting or examining—
     a device).                                   application or revoke a license, the At-
                                                  torney General shall give notice of his
                                                                                                         (i) any records or documents re-
     (2) The Attorney General must ap-            decision to the aggrieved party. The
                                                                                                      quired to be kept by such licensed
  prove or deny an application for a li-          aggrieved party may at any time within
                                                                                                      importer, licensed manufacturer, li-
  cense within the 60-day period                  sixty days after the date notice was
                                                                                                      censed dealer, or licensed collec-
  beginning on the date it is received. If        given under this paragraph file a peti-
                                                                                                      tor under this chapter or rules or
  the Attorney General fails to act within        tion with the United States district court
                                                                                                      regulations under this chapter, and
  such period, the applicant may file an          for the district in which he resides or
  action under section 1361 of title 28 to        has his principal place of business for a
                                                                                                         (ii) any firearms or ammunition
  compel the Attorney General to act. If          de novo judicial review of such denial or
                                                                                                      kept or stored by such licensed
  the Attorney General approves an ap-            revocation. In a proceeding conducted
                                                                                                      importer, licensed manufacturer, li-
  plicant's application, such applicant           under this subsection, the court may
                                                                                                      censed dealer, or licensed collec-
  shall be issued a license upon the              consider any evidence submitted by the
                                                                                                      tor, at such premises.
  payment of the prescribed fee.                  parties to the proceeding whether or not
                                                  such evidence was considered at the
                                                                                                      (B) The Attorney General may in-
   (e) The Attorney General may, after no-        hearing held under paragraph (2). If the
                                                                                                    spect or examine the inventory and
tice and opportunity for hearing, revoke          court decides that the Attorney General
                                                                                                    records of a licensed importer, li-
any license issued under this section if the      was not authorized to deny the applica-
                                                                                                    censed manufacturer, or licensed
holder of such license has willfully violated     tion or to revoke the license, the court
                                                                                                    dealer without such reasonable
any provision of this chapter or any rule or      shall order the Attorney General to take
                                                                                                    cause or warrant—
regulation prescribed by the Attorney             such action as may be necessary to
General under this chapter or fails to have       comply with the judgment of the court.
                                                                                                         (i) in the course of a reasonable
secure gun storage or safety devices
                                                                                                      inquiry during the course of a
available at any place in which firearms            (4) If criminal proceedings are insti-
                                                                                                      criminal investigation of a person

                                                                                                                                         17
       or persons other than the licensee;       and he may provide information to             thereof have been destroyed as pro-
                                                 the extent such information may be            vided in this subparagraph.
          (ii) for ensuring compliance with      contained in the records required to
       the record keeping requirements of        be maintained by this chapter, when            (4) Where a firearms or ammunition
       this chapter—                             so requested by any Federal, State,         business is discontinued and suc-
                                                 or local law enforcement agency.            ceeded by a new licensee, the records
           (I) not more than once during                                                     required to be kept by this chapter shall
         any 12-month period; or                  (2) Each licensed collector shall          appropriately reflect such facts and
                                               maintain in a bound volume the nature         shall be delivered to the successor.
           (II) at any time with respect to    of which the Attorney General may by          Where discontinuance of the business
         records relating to a firearm in-     regulations prescribe, records of the re-     is absolute, such records shall be deliv-
         volved in a criminal investigation    ceipt, sale, or other disposition of fire-    ered within thirty days after the busi-
         that is traced to the licensee; or    arms. Such records shall include the          ness discontinuance to the Attorney
                                               name and address of any person to             General. However, where State law or
          (iii) when such inspection or ex-    whom the collector sells or otherwise         local ordinance requires the delivery of
       amination may be required for de-       disposes of a firearm. Such collector         records to other responsible authority,
       termining the disposition of one or     shall not be required to submit to the        the Attorney General may arrange for
       more particular firearms in the         Attorney General reports and informa-         the delivery of such records to such
       course of a bona fide criminal in-      tion with respect to such records and         other responsible authority.
       vestigation.                            the contents thereof, except as ex-
                                               pressly required by this section.                (5) (A) Each licensee shall, when re-
                                                                                             quired by letter issued by the Attorney
        (C) The Attorney General may in-
                                                                                             General, and until notified to the con-
     spect the inventory and records of a         (3) (A) Each licensee shall prepare a
                                                                                             trary in writing by the Attorney General,
     licensed collector without such rea-      report of multiple sales or other disposi-
                                                                                             submit on a form specified by the Attor-
     sonable cause or warrant—                 tions whenever the licensee sells or
                                                                                             ney General, for periods and at the
                                               otherwise disposes of, at one time or
                                                                                             times specified in such letter, all record
          (i) for ensuring compliance with     during any five consecutive business
                                                                                             information required to be kept by this
       the record keeping requirements of      days, two or more pistols, or revolvers,
                                                                                             chapter or such lesser record informa-
       this chapter not more than once         or any combination of pistols and re-
                                                                                             tion as the Attorney General in such let-
       during any twelve-month period; or      volvers totaling two or more, to an unli-
                                                                                             ter may specify.
                                               censed person. The report shall be
          (ii) when such inspection or ex-     prepared on a form specified by the At-
                                                                                                  (B) The Attorney General may au-
       amination may be required for de-       torney General and forwarded to the of-
                                                                                               thorize such record information to be
       termining the disposition of one or     fice specified thereon and to the
                                                                                               submitted in a manner other than that
       more particular firearms in the         department of State police or State law
                                                                                               prescribed in subparagraph (A) of
       course of a bona fide criminal in-      enforcement agency of the State or lo-
                                                                                               this paragraph when it is shown by a
       vestigation.                            cal law enforcement agency of the local
                                                                                               licensee that an alternate method of
                                               jurisdiction in which the sale or other
                                                                                               reporting is reasonably necessary
        (D) At the election of a licensed      disposition took place, not later than the
                                                                                               and will not unduly hinder the effec-
     collector, the annual inspection of re-   close of business on the day that the
                                                                                               tive administration of this chapter. A
     cords and inventory permitted under       multiple sale or other disposition oc-
                                                                                               licensee may use an alternate
     this paragraph shall be performed at      curs.
                                                                                               method of reporting if the licensee
     the office of the Attorney General de-
                                                                                               describes the proposed alternate
     signed for such inspections which is           (B) Except in the case of forms
                                                                                               method of reporting and the need
     located in closest proximity to the         and contents thereof regarding a
                                                                                               therefor in a letter application submit-
     premises where the inventory and            purchaser who is prohibited by sub-
                                                                                               ted to the Attorney General, and the
     records of such licensed collector are      section (g) or (n) of section 922 of
                                                                                               Attorney General approves such al-
     maintained. The inspection and ex-          this title from receipt of a firearm, the
                                                                                               ternate method of reporting.
     amination authorized by this para-          department of State police or State
     graph shall not be construed as             law enforcement agency or local law
                                                                                               (6) Each licensee shall report the
     authorizing the Attorney General to         enforcement agency of the local ju-
                                                                                             theft or loss of a firearm from the licen-
     seize any records or other docu-            risdiction shall not disclose any such
                                                                                             see's inventory or collection, within 48
     ments other than those records or           form or the contents thereof to any
                                                                                             hours after the theft or loss is discov-
     documents constituting material evi-        person or entity, and shall destroy
                                                                                             ered, to the Attorney General and to the
     dence of a violation of law. If the At-     each such form and any record of the
                                                                                             appropriate local authorities.
     torney General seizes such records          contents thereof no more than 20
     or documents, copies shall be pro-          days from the date such form is re-
                                                                                                (7) Each licensee shall respond im-
     vided the licensee within a reason-         ceived. No later than the date that is
                                                                                             mediately to, and in no event later than
     able time. The Attorney General may         6 months after the effective date of
                                                                                             24 hours after the receipt of, a request
     make available to any Federal, State,       this subparagraph, and at the end of
                                                                                             by the Attorney General for information
     or local law enforcement agency any         each 6-month period thereafter, the
                                                                                             contained in the records required to be
     information which he may obtain by          department of State police or State
                                                                                             kept by this chapter as may be required
     reason of this chapter with respect to      law enforcement agency or local law
                                                                                             for determining the disposition of 1 or
     the identification of persons prohib-       enforcement agency of the local ju-
                                                                                             more firearms in the course of a bona
     ited from purchasing or receiving           risdiction shall certify to the Attorney
                                                                                             fide criminal investigation. The re-
     firearms or ammunition who have             General of the United States that no
                                                                                             quested information shall be provided
     purchased or received firearms or           disclosure contrary to this subpara-
                                                                                             orally or in writing, as the Attorney
     ammunition, together with a descrip-        graph has been made and that all
                                                                                             General may require. The Attorney
     tion of such firearms or ammunition,        forms and any record of the contents

18
  General shall implement a system              rios or relics" firearms transfers and              than 10 years, or both.
  whereby the licensee can positively           business away from their business prem-
  identify and establish that an individual     ises with another licensee without regard             (3) Any licensed dealer, licensed im-
  requesting information via telephone is       as to whether the location of where the             porter, licensed manufacturer, or li-
  employed by and authorized by the             business is conducted is located in the             censed collector who knowingly—
  agency to request such information.           State specified on the license of either
                                                licensee.                                                   (A) makes any false statement
   (h) Licenses issued under the provi-                                                               or representation with respect to the
sions of subsection (c) of this section shall    (k) Licensed importers and licensed                  information required by the provi-
be kept posted and kept available for in-       manufacturers shall mark all armor pierc-             sions of this chapter to be kept in the
spection on the premises covered by the         ing projectiles and packages containing               records of a person licensed under
license.                                        such projectiles for distribution in the              this chapter, or
                                                manner prescribed by the Attorney Gen-
   (i) Licensed importers and licensed          eral by regulation. The Attorney General                     (B) violates subsection (m) of
manufacturers shall identify, by means of       shall furnish information to each dealer              section 922, shall be fined under this
a serial number engraved or cast on the         licensed under this chapter defining which            title, imprisoned not more than one
receiver or frame of the weapon, in such        projectiles are considered armor piercing             year, or both.
manner as the Attorney General shall by         ammunition as defined in section
regulations prescribe, each firearm im-         921(a)(17)(B).                                         (4) Whoever violates section 922(q)
ported or manufactured by such importer                                                             shall be fined under this title, impris-
or manufacturer.                                   (l) The Attorney General shall notify the        oned for not more than 5 years, or
                                                chief law enforcement officer in the ap-            both. Notwithstanding any other provi-
   (j) A licensed importer, licensed manu-      propriate State and local jurisdictions of          sion of law, the term of imprisonment
facturer, or licensed dealer may, under         the names and addresses of all persons              imposed under this paragraph shall
rules or regulations prescribed by the          in the State to whom a firearms license is          not run concurrently with any other
Attorney General, conduct business tem-         issued.                                             term of imprisonment imposed under
porarily at a location other than the loca-                                                         any other provision of law. Except for
tion specified on the license if such           § 924 Penalties.                                    the authorization of a term of impris-
temporary location is the location for a                                                            onment of not more than 5 years
gun show or event sponsored by any na-             (a) (1) Except as otherwise provided in          made in this paragraph, for the pur-
tional, State, or local organization, or any    this subsection, subsection (b), (c), (f), or       pose of any other law a violation of
affiliate of any such organization devoted      (p) of this section, or in section 929, who-        section 922(q) shall be deemed to be
to the collection, competitive use, or other    ever—                                               a misdemeanor.
sporting use of firearms in the community,
and such location is in the State which is               (A) knowingly makes any false                  (5) Whoever knowingly violates sub-
specified on the license. Records of re-             statement or representation with re-           section (s) or (t) of section 922 shall be
ceipt and disposition of firearms transac-           spect to the information required by           fined not more than $1,000 under this
tions conducted at such temporary                    this chapter to be kept in the records         title, imprisoned for not more than 1
location shall include the location of the           of a person licensed under this chap-          year, or both.
sale or other disposition and shall be en-           ter or in applying for any license or
tered in the permanent records of the                exemption or relief from disability un-            (6) (A) (i) A juvenile who violates
licensee and retained on the location                der the provisions of this chapter;            section 922(x) shall be fined under this
specified on the license. Nothing in this                                                           title, imprisoned not more than 1 year,
subsection shall authorize any licensee to              (B) knowingly violates subsection           or both, except that a juvenile described
conduct business in or from any motor-               (a)(4), (f), (k), or (q) of section 922;       in clause (ii) shall be sentenced to pro-
ized or towed vehicle. Notwithstanding the                                                          bation on appropriate conditions and
provisions of subsection (a) of this sec-               (C) knowingly imports or brings             shall not be incarcerated unless the ju-
tion, a separate fee shall not be required           into the United States or any posses-          venile fails to comply with a condition of
of a licensee with respect to business               sion thereof any firearm or ammuni-            probation.
conducted under this subsection. Any                 tion in violation of section 922(l); or
inspection or examination of inventory or                                                                   (ii) A juvenile is described in this
records under this chapter by the Attorney              (D) willfully violates any other pro-            clause if—
General at such temporary location shall             vision of this chapter, shall be fined                     (I) the offense of which the ju-
be limited to inventory consisting of, or            under this title, imprisoned not more                  venile is charged is possession
records relating to, firearms held or dis-           than five years, or both.                              of a handgun or ammunition in
posed at such temporary location. Nothing                                                                   violation of section 922(x)(2);
in this subsection shall be construed to                         Editor’s Note:                             and
authorize the Attorney General to inspect
or examine the inventory or records of a           The reference to subsection (p) in the in-                 (II) the juvenile has not been
licensed importer, licensed manufacturer,       troductory paragraph of 18 U.S.C. section                  convicted in any court of an of-
or licensed dealer at any location other        924(a)(1) was added to the Gun Control Act                 fense (including an offense un-
than the location specified on the license.     as part of the “Protection of Lawful Com-                  der section 922(x) or a similar
Nothing in this subsection shall be con-        merce in Arms Act” enacted on October 26,                  State law, but not including any
strued to diminish in any manner any right      2005. It is effective April 24, 2006.                      other offense consisting of con-
to display, sell, or otherwise dispose of                                                                  duct that if engaged in by an
firearms or ammunition, which is in effect           (2) Whoever knowingly violates sub-                   adult would not constitute an of-
before the date of the enactment of the           section (a)(6), (d), (g), (h), (i), (j), or (o)          fense) or adjudicated as a juve-
Firearms Owners' Protection Act, includ-          of section 922 shall be fined as pro-                    nile delinquent for conduct that if
ing the right of a licensee to conduct "cu-       vided in this title, imprisoned not more                 engaged in by an adult would


                                                                                                                                             19
         constitute an offense.                         be sentenced to a term of impris-        seq.).
                                                        onment of not less than 10 years.
       (B) A person other than a juvenile                                                          (3) For purposes of this subsection
     who knowingly violates section                    (B) If the firearm possessed by a         the term "crime of violence" means
     922(x)—                                         person convicted of a violation of this     an offense that is a felony and—
                                                     subsection—
          (i) shall be fined under this title,                                                        (A) has as an element the use, at-
       imprisoned not more than 1 year,                    (i) is a short-barreled rifle,           tempted use, or threatened use of
       or both; and                                     short-barreled shotgun, or semiau-          physical force against the person or
                                                        tomatic assault weapon, the per-            property of another, or
          (ii) if the person sold, delivered,           son shall be sentenced to a term of
       or otherwise transferred a handgun               imprisonment of not less than 10              (B) that by its nature, involves a
       or ammunition to a juvenile know-                years; or                                   substantial risk that physical force
       ing or having reasonable cause to                                                            against the person or property of an-
       know that the juvenile intended to                      Editor’s Note:                       other may be used in the course of
       carry or otherwise possess or dis-                                                           committing the offense.
       charge or otherwise use the hand-           The reference to semiautomatic assault
       gun or ammunition in the                  weapons in § 924 (c)(1)(B)(i) was repealed        (4) For purposes of this subsection,
       commission of a crime of violence,        when the semiautomatic assault weapon           the term "brandish" means, with re-
       shall be fined under this title, im-      provision ceased to apply on September 13,      spect to a firearm, to display all or part
       prisoned not more than 10 years,          2004.                                           of the firearm, or otherwise make the
       or both.                                                                                  presence of the firearm known to an-
                                                           (ii) is a machinegun or a de-         other person, in order to intimidate that
     (7) Whoever knowingly violates sec-                structive device, or is equipped         person, regardless of whether the fire-
  tion 931 shall be fined under this title,             with a firearm silencer or firearm       arm is directly visible to that person.
  imprisoned not more than 3 years, or                  muffler, the person shall be sen-
  both.                                                 tenced to a term of imprisonment            (5) Except to the extent that a greater
                                                        of not less than 30 years.               minimum sentence is otherwise pro-
   (b) Whoever, with intent to commit                                                            vided under this subsection, or by any
therewith an offense punishable by im-                 (C) In the case of a second or sub-       other provision of law, any person who,
prisonment for a term exceeding one                  sequent conviction under this sub-          during and in relation to any crime of
year, or with knowledge or reasonable                section, the person shall—                  violence or drug trafficking crime (in-
cause to believe that an offense punish-                                                         cluding a crime of violence or drug traf-
able by imprisonment for a term exceed-                    (i) be sentenced to a term of im-     ficking crime that provided for an
ing one year is to be committed therewith,              prisonment of not less than 25           enhanced punishment if committed by
ships, transports, or receives a firearm or             years; and                               the use of a deadly or dangerous
any ammunition in interstate or foreign                                                          weapon or device) for which the person
commerce shall be fined under this title,                  (ii) if the firearm involved is a     may be prosecuted in a court of the
or imprisoned not more than ten years, or               machinegun or a destructive de-          United States, uses or carries armor
both.                                                   vice, or is equipped with a firearm      piercing ammunition, or who, in further-
                                                        silencer or firearm muffler, be sen-     ance of any such crime, possesses ar-
   (c) (1) (A) Except to the extent that a              tenced to imprisonment for life.         mor piercing ammunition, shall, in
greater minimum sentence is otherwise                                                            addition to the punishment provided for
provided by this subsection or by any                   (D) Notwithstanding any other pro-       such crime of violence or drug traffick-
other provision of law, any person who,              vision of law—                              ing crime or conviction under this sec-
during and in relation to any crime of vio-                                                      tion –
lence or drug trafficking crime (including a              (i) a court shall not place on
crime of violence or drug trafficking crime             probation any person convicted of           (A) be sentenced to a term of im-
that provides for an enhanced punishment                a violation of this subsection; and      prisonment of not less than 15 years;
if committed by the use of a deadly or                                                           and
dangerous weapon or device) for which                      (ii) no term of imprisonment im-
the person may be prosecuted in a court                 posed on a person under this sub-           (B) if death results from the use of
of the United States, uses or carries a                 section shall run concurrently with      such ammunition—
firearm, or who, in furtherance of any such             any other term of imprisonment
crime, possesses a firearm, shall, in addi-             imposed on the person, including                 (i) if the killing is murder (as
tion to the punishment provided for such                any term of imprisonment imposed              defined in section 1111), be
crime of violence or drug trafficking                   for the crime of violence or drug             punished by death or sentenced to
crime—                                                  trafficking crime during which the            a term of imprisonment for any
                                                        firearm was used, carried, or pos-            term of years or for life; and
          (i) be sentenced to a term of im-             sessed.
       prisonment of not less than 5                                                                     (ii) if the killing is manslaughter
       years;                                         (2) For purposes of this subsection,             (as defined in section 1112), be
                                                   the term "drug trafficking crime"                   punished as provided in section
         (ii) if the firearm is brandished,        means any felony punishable under the               1112.
       be sentenced to a term of impris-           Controlled Substances Act (21 U.S.C.
       onment of not less than 7 years;            801 et seq.), the Controlled Substances         (d) (1) Any firearm or ammunition in-
       and                                         Import and Export Act (21 U.S.C. 951 et     volved in or used in any knowing violation
                                                   seq.), or the Maritime Drug Law En-         of subsection (a)(4), (a)(6), (f), (g), (h), (i),
         (iii) if the firearm is discharged,       forcement Act (46 U.S.C. App. 1901 et       (j), or (k) of section 922, or knowing im-


20
portation or bringing into the United States         to seizure, forfeiture, and disposition.           801 et seq.), the Controlled Sub-
or any possession thereof any firearm or                                                                stances Import and Export Act (21
ammunition in violation of section 922(l),              (D) The United States shall be li-              U.S.C. 951 et seq.), or the Mari-
or knowing violation of section 924, or              able for attorneys' fees under this                time Drug Law Enforcement Act
willful violation of any other provision of          paragraph only to the extent provided              (46 U.S.C. App. 1901 et seq.), for
this chapter or any rule or regulation               in advance by appropriation Acts.                  which a maximum term of impris-
promulgated thereunder, or any violation                                                                onment of ten years or more is
of any other criminal law of the United                                                                 prescribed by law; or
                                                    (3) The offenses referred to in para-
States, or any firearm or ammunition in-
                                                  graphs (1) and (2)(C) of this subsection
tended to be used in any offense referred                                                                  (ii) an offense under State law,
                                                  are—
to in paragraph (3) of this subsection,                                                                 involving manufacturing, distribut-
where such intent is demonstrated by                                                                    ing, or possessing with intent to
                                                        (A) any crime of violence, as that
clear and convincing evidence, shall be                                                                 manufacture or distribute, a con-
                                                     term is defined in section 924(c)(3) of
subject to seizure and forfeiture, and all                                                              trolled substance (as defined in
                                                     this title;
provisions of the Internal Revenue Code                                                                 section 102 of the Controlled Sub-
of 1954 relating to the seizure, forfeiture,                                                            stances Act (21 U.S.C. 802)), for
                                                       (B) any offense punishable under
and disposition of firearms, as defined in                                                              which a maximum term of impris-
                                                     the Controlled Substances Act (21
section 5845(a) of that Code, shall, so far                                                             onment of ten years or more is
                                                     U.S.C. 801 et seq.) or the Controlled
as applicable, extend to seizures and                                                                   prescribed by law;
                                                     Substances Import and Export Act
forfeitures under the provisions of this
                                                     (21 U.S.C. 951 et seq.);
chapter: Provided, That upon acquittal of                                                               (B) the term "violent felony"
the owner or possessor, or dismissal of                                                              means any crime punishable by im-
                                                        (C) any offense described in sec-
the charges against him other than upon                                                              prisonment for a term exceeding one
                                                     tion 922(a)(1), 922(a)(3), 922(a)(5),
motion of the Government prior to trial, or                                                          year, or any act of juvenile delin-
                                                     or 922(b)(3) of this title where the
lapse of or court termination of the re-                                                             quency involving the use or carrying
                                                     firearm or ammunition intended to be
straining order to which he is subject, the                                                          of a firearm, knife, or destructive de-
                                                     used in any such offense is involved
seized or relinquished firearms or ammu-                                                             vice that would be punishable by im-
                                                     in a pattern of activities which in-
nition shall be returned forthwith to the                                                            prisonment for such term if
                                                     cludes a violation of any offense
owner or possessor or to a person dele-                                                              committed by an adult, that—
                                                     described in section 922(a)(1),
gated by the owner or possessor unless
                                                     922(a)(3), 922(a)(5), or 922(b)(3) of
the return of the firearms or ammunition                                                                   (i) has as an element the use,
                                                     this title;
would place the owner or possessor or his                                                               attempted use, or threatened use
delegate in violation of law. Any action or                                                             of physical force against the per-
                                                        (D) any offense described in sec-
proceeding for the forfeiture of firearms or                                                            son of another; or
                                                     tion 922(d) of this title where the fire-
ammunition shall be commenced within
                                                     arm or ammunition is intended to be
one hundred and twenty days of such                                                                        (ii) is burglary, arson, or extor-
                                                     used in such offense by the trans-
seizure.                                                                                                tion, involves use of explosives, or
                                                     feror of such firearm or ammunition;
                                                                                                        otherwise involves conduct that
     (2) (A) In any action or proceeding                                                                presents a serious potential risk of
                                                        (E) any offense described in sec-
  for the return of firearms or ammunition                                                              physical injury to another; and
                                                     tion 922(i), 922(j), 922(l), 922(n), or
  seized under the provisions of this
                                                     924(b) of this title; and
  chapter, the court shall allow the pre-                                                              (C) the term "conviction" includes
  vailing party, other than the United                                                               a finding that a person has commit-
                                                        (F) any offense which may be
  States, a reasonable attorney's fee, and                                                           ted an act of juvenile delinquency in-
                                                     prosecuted in a court of the United
  the United States shall be liable there-                                                           volving a violent felony.
                                                     States which involves the exportation
  for.
                                                     of firearms or ammunition.
                                                                                                    (f) In the case of a person who know-
       (B) In any other action or proceed-
                                                   (e) (1) In the case of a person who vio-      ingly violates section 922(p), such person
    ing under the provisions of this chap-
                                                lates section 922(g) of this title and has       shall be fined under this title, or impris-
    ter, the court, when it finds that such
                                                three previous convictions by any court          oned not more than 5 years, or both.
    action was without foundation, or was
                                                referred to in section 922(g)(1) of this title
    initiated vexatiously, frivolously, or in
                                                for a violent felony or a serious drug of-          (g) Whoever, with the intent to engage
    bad faith, shall allow the prevailing
                                                fense, or both, committed on occasions           in conduct which—
    party, other than the United States, a
                                                different from one another, such person
    reasonable attorney's fee, and the
                                                shall be fined under this title and impris-          (1) constitutes an offense listed in
    United States shall be liable therefor.
                                                oned not less than fifteen years, and,             section 1961(1),
                                                notwithstanding any other provision of
       (C) Only those firearms or quanti-
                                                law, the court shall not suspend the sen-             (2) is punishable under the Con-
    ties of ammunition particularly named
                                                tence of, or grant a probationary sentence         trolled Substances Act (21 U.S.C. 802
    and individually identified as involved
                                                to, such person with respect to the convic-        et seq.), the Controlled Substances Im-
    in or used in any violation of the pro-
                                                tion under section 922(g).                         port and Export Act (21 U.S.C. 951 et
    visions of this chapter or any rule or
                                                                                                   seq.), or the Maritime Drug Law En-
    regulation issued thereunder, or any
                                                     (2) As used in this subsection—               forcement Act (46 U.S.C. App. 1901 et
    other criminal law of the United
                                                                                                   seq.),
    States or as intended to be used in
                                                       (A) the term "serious drug of-
    any offense referred to in paragraph
                                                     fense" means—                                    (3) violates any State law relating to
    (3) of this subsection, where such in-
                                                                                                   any controlled substance (as defined in
    tent is demonstrated by clear and
                                                          (i) an offense under the Con-            section 102(6) of the Controlled Sub-
    convincing evidence, shall be subject
                                                       trolled Substances Act (21 U.S.C.           stances Act (21 U.S.C. 802(6))), or

                                                                                                                                          21
                                                 defined in subsection (c) (3)), smuggles           penalty in an amount equal to not
    (4) constitutes a crime of violence (as      or knowingly brings into the United                more than $2, 500.
  defined in subsection (c)(3)),                 States a firearm, or attempts to do so,
                                                 shall be imprisoned not more than 10             (B) REVIEW – An action of the
travels from any State or foreign country        years, fined under this title, or both.       Secretary under this paragraph may be
into any other State and acquires, trans-                                                      reviewed only as provided under
fers, or attempts to acquire or transfer, a                                                    section 923(f).
                                                  (l) A person who steals any firearm
firearm in such other State in furtherance
                                               which is moving as, or is a part of, or
of such purpose, shall be imprisoned not                                                        (2) ADMINISTRATIVE REMEDIES
                                               which has moved in, interstate or foreign
more than 10 years, fined in accordance                                                       The suspension or revocation of a license
                                               commerce shall be imprisoned for not
with this title, or both.                                                                     or the imposition of a civil penalty under
                                               more than 10 years, fined under this title,
                                                                                              paragraph (1) shall not preclude any
                                               or both.
                                                                                              administrative remedy that is otherwise
    (h) Whoever knowingly transfers a fire-
                                                                                              available to the Secretary..
arm, knowing that such firearm will be            (m) A person who steals any firearm
used to commit a crime of violence (as         from a licensed importer, licensed manu-
                                                                                              § 925 Exceptions: Relief from disabili-
defined in subsection (c)(3)) or drug traf-    facturer, licensed dealer, or licensed col-
                                                                                              ties.
ficking crime (as defined in subsection        lector shall be fined under this title,
(c)(2)) shall be imprisoned not more than      imprisoned not more than 10 years, or             (a) (1) The provisions of this chapter,
10 years, fined in accordance with this        both.                                          except for sections 922(d)(9) and
title, or both.                                                                               922(g)(9) and provisions relating to fire-
                                                  (n) A person who, with the intent to en-    arms subject to the prohibitions of section
    (i) (1) A person who knowingly violates    gage in conduct that constitutes a viola-      922(p), shall not apply with respect to the
section 922(u) shall be fined under this       tion of section 922(a)(1)(A), travels from     transportation, shipment, receipt, posses-
title, imprisoned not more than 10 years,      any State or foreign country into any other    sion, or importation of any firearm or am-
or both.                                       State and acquires, or attempts to ac-         munition imported for, sold or shipped to,
                                               quire, a firearm in such other State in        or issued for the use of, the United States
     (2) Nothing contained in this subsec-     furtherance of such purpose shall be im-       or any department or agency thereof or
  tion shall be construed as indicating an     prisoned for not more than 10 years.           any State or any department, agency, or
  intent on the part of Congress to oc-                                                       political subdivision thereof.
  cupy the field in which provisions of this
                                                  (o) A person who conspires to commit             (2) The provisions of this chapter,
  subsection operate to the exclusion of
                                               an offense under subsection (c) shall be         except for provisions relating to fire-
  State laws on the same subject matter,
                                               imprisoned for not more than 20 years,           arms subject to the prohibitions of sec-
  nor shall any provision of this subsec-
                                               fined under this title, or both; and if the      tion 922(p), shall not apply with respect
  tion be construed as invalidating any
                                               firearm is a machinegun or destructive           to (A) the shipment or receipt of fire-
  provision of State law unless such pro-
                                               device, or is equipped with a firearm si-        arms or ammunition when sold or is-
  vision is inconsistent with any of the
                                               lencer or muffler, shall be imprisoned for       sued by the Secretary of the Army
  purposes of this subsection.
                                               any term of years or life.                       pursuant to section 4308 of title 10 be-
                                                                                                fore the repeal of such section by sec-
 (j) A person who, in the course of a viola-
                                                               Editor’s Note                    tion 1624(a) of the Corporation for the
tion of subsection (c), causes the death of
                                                                                                Promotion of Rifle Practice and Fire-
a person through the use of a firearm,
                                                 18 U.S.C. § 924(p) was added to the Gun        arms Safety Act, and (B) the transporta-
shall—
                                               Control Act as part of the “Protection of        tion of any such firearm or ammunition
                                               Lawful Commerce in Arms Act” enacted             carried out to enable a person, who
     (1) if the killing is a murder (as de-
                                               on October 26, 2005. It is effective April       lawfully received such firearm or am-
  fined in section 1111), be punished by
                                               24, 2006.                                        munition from the Secretary of the
  death or by imprisonment for any term
                                                                                                Army, to engage in military training or in
  of years or for life; and
                                                 (p) PENALTIES RELATING TO                      competitions.
                                               SECURE GUN STORAGE OR SAFETY
    (2) if the killing is manslaughter (as
                                               DEVICE—                                             (3) Unless otherwise prohibited by
  defined in section 1112), be punished
                                                                                                this chapter, except for provisions relat-
  as provided in that section.
                                                   (1) IN GENERAL—                              ing to firearms subject to the prohibi-
                                                                                                tions of section 922(p), or any other
   (k) A person who, with intent to engage
                                                      (A) SUSPENSION OR                         Federal law, a licensed importer, li-
in or to promote conduct that—
                                                  REVOCATION OF LICENSE; CIVIL                  censed manufacturer, or licensed
                                                  PENALTIES – With respect to each              dealer may ship to a member of the
     (1) is punishable under the Con-
                                                  violation of section 922(z)(1) by a           United States Armed Forces on active
  trolled Substances Act (21 U.S.C. 801
                                                  li censed manufacturer, licensed              duty outside the United States or to
  et seq.), the Controlled Substances Im-
                                                  importer, or licensed dealer, the             clubs, recognized by the Department of
  port and Export Act (21 U.S.C. 951 et
                                                  Secretary may, after notice and               Defense, whose entire membership is
  seq.), or the Maritime Drug Law En-
                                                  opportunity for hearing--                     composed of such members, and such
  forcement Act (46 U.S.C. App. 1901 et
                                                                                                members or clubs may receive a fire-
  seq.);
                                                       (i) suspend for not more than            arm or ammunition determined by the
                                                    6 months, or revoke, the license            Attorney General to be generally rec-
     (2) violates any law of a State relat-
                                                    issued to the licensee under this           ognized as particularly suitable for
  ing to any controlled substance (as de-
                                                    chapter that was used to conduct            sporting purposes and intended for the
  fined in section 102 of the Controlled
                                                    the firearm transfer; or                    personal use of such member or club.
  Substances Act, 21 U.S.C. 802); or
                                                                                                   (4) When established to the satisfac-
                                                       (ii) subject the licensee to a civil     tion of the Attorney General to be con-
     (3) constitutes a crime of violence (as

22
  sistent with the provisions of this chap-    porter, licensed manufacturer, licensed           ammunition will be allowed under this
  ter, except for provisions relating to       dealer, or licensed collector conducting          subsection.
  firearms subject to the prohibitions of      operations under this chapter, who makes
  section 922(p), and other applicable         application for relief from the disabilities        (e) Notwithstanding any other provision
  Federal and State laws and published         incurred under this chapter, shall not be         of this title, the Attorney General shall
  ordinances, the Attorney General may         barred by such disability from further op-        authorize the importation of any licensed
  authorize the transportation, shipment,      erations under his license pending final          importer, by the following:
  receipt, or importation into the United      action on an application for relief filed
  States to the place of residence of any      pursuant to this section. Whenever the                (1) All rifles and shotguns listed as
  member of the United States Armed            Attorney General grants relief to any per-          curios or relics by the Attorney General
  Forces who is on active duty outside         son pursuant to this section he shall               pursuant to section 921(a)(13), and
  the United States (or who has been on        promptly publish in the Federal Register
  active duty outside the United States        notice of such action, together with the               (2) All handguns listed as curios or
  within the sixty day period immediately      reasons therefore .                                 relics by the Attorney General pursuant
  preceding the transportation, shipment,                                                          to section 921(a)(13), provided that
  receipt, or importation), of any firearm                    Editor’s Note:                       such handguns are generally recog-
  or ammunition which is (A) determined                                                            nized as particularly suitable for or
  by the Attorney General to be generally           As of the date of this publication, ATF        readily adaptable to sporting purposes.
  recognized as particularly suitable for      is prohibited from acting upon applications
  sporting purposes, or determined by the      for relief from individuals because of an            (f) The Attorney General shall not au-
  Department of Defense to be a type of        appropriations restriction. Please contact        thorize, under subsection (d), the importa-
  firearm normally classified as a war         ATF to determine if the restriction is still in   tion of any firearm the importation of
  souvenir, and (B) intended for the per-      effect.                                           which is prohibited by section 922(p).
  sonal use of such member.
                                                  (d) The Attorney General shall author-         § 925A Remedy for erroneous denial
    (5) For the purpose of paragraph (3)       ize a firearm or ammunition to be im-             of firearm.
  of this subsection, the term "United         ported or brought into the United States or
  States" means each of the several            any possession thereof if the firearm or             Any person denied a firearm pursuant
  States and the District of Columbia.         ammunition—                                       to subsection (s) or (t) of section 922—

   (b) A licensed importer, licensed manu-          (1) is being imported or brought in for           (1) due to the provision of erroneous
facturer, licensed dealer, or licensed col-      scientific or research purposes, or is for        information relating to the person by
lector who is indicted for a crime               use in connection with competition or             any State or political subdivision
punishable by imprisonment for a term            training pursuant to chapter 401 of title         thereof, or by the national instant crimi-
exceeding one year, may, notwithstanding         10;                                               nal background check system estab-
any other provision of this chapter, con-                                                          lished under section 103 of the Brady
tinue operation pursuant to his existing             (2) is an unserviceable firearm, other        Handgun Violence Prevention Act; or
license (if prior to the expiration of the       than a machinegun as defined in sec-
term of the existing license timely applica-     tion 5845(b) of the Internal Revenue                 (2) who was not prohibited from re-
tion is made for a new license) during the       Code of 1954 (not readily restorable to           ceipt of a firearm pursuant to subsec-
term of such indictment and until any con-       firing condition), imported or brought in         tion (g) or (n) of section 922, may bring
viction pursuant to the indictment be-           as a curio or museum piece;                       an action against the State or political
comes final.                                                                                       subdivision responsible for providing
                                                     (3) is of a type that does not fall           the erroneous information, or responsi-
   (c) A person who is prohibited from           within the definition of a firearm as de-         ble for denying the transfer, or against
possessing, shipping, transporting, or           fined in section 5845(a) of the Internal          the United States, as the case may be,
receiving firearms or ammunition may             Revenue Code of 1954 and is gener-                for an order directing that the erroneous
make application to the Attorney General         ally recognized as particularly suitable          information be corrected or that the
for relief from the disabilities imposed by      for or readily adaptable to sporting pur-         transfer be approved, as the case may
Federal laws with respect to the acquisi-        poses, excluding surplus military fire-           be. In any action under this section, the
tion, receipt, transfer, shipment, transpor-     arms, except in any case where the                court, in its discretion, may allow the
tation, or possession of firearms, and the       Attorney General has not authorized               prevailing party a reasonable attorney’s
Attorney General may grant such relief if it     the importation of the firearm pursuant           fee as part of the costs.
is established to his satisfaction that the      to this paragraph, it shall be unlawful to
circumstances regarding the disability,          import any frame, receiver, or barrel of        § 926 Rules and regulations.
and the applicant's record and reputation,       such firearm which would be prohibited
are such that the applicant will not be          if assembled; or                                   (a) The Attorney General may prescribe
likely to act in a manner dangerous to                                                           only such rules and regulations as are
public safety and that the granting of the          (4) was previously taken out of the          necessary to carry out the provisions of
relief would not be contrary to the public       United States or a possession by the            this chapter, including—
interest. Any person whose application for       person who is bringing in the firearm or
relief from disabilities is denied by the        ammunition.                                          (1) regulations providing that a per-
Attorney General may file a petition with                                                          son licensed under this chapter, when
the United States district court for the          The Attorney General shall permit the            dealing with another person so li-
district in which he resides for a judicial    conditional importation or bringing in of a         censed, shall provide such other li-
review of such denial. The court may in its    firearm or ammunition for examination               censed person a certified copy of this
discretion admit additional evidence           and testing in connection with the making           license;
where failure to do so would result in a       of a determination as to whether the im-               (2) regulations providing for the issu-
miscarriage of justice. A licensed im-         portation or bringing in of such firearm or         ance, at a reasonable cost, to a person


                                                                                                                                          23
  licensed under this chapter, of certified
  copies of his license for use as pro-           (a) Nothwithstanding any other provi-             (3) any destructive device (as defined
  vided under regulations issued under         sion of the law of any State or any political     in section 921 of this title).
  paragraph (1) of this subsection; and        subdivision thereof, an individual who is a
                                               qualified law enforcement officer and who       § 926C Carrying of concealed firearms
     (3) regulations providing for effective   is carrying the indentification required by     by qualified retired law enforcement
  receipt and secure storage of firearms       subsection (d) may carry a concealed            officers.
  relinquished by or seized from persons       firearm that has been shipped or trans-
  described in subsection (d)(8) or (g)(8)     ported in interstate or foreign commerce,          (a) Notwithstanding any other provi-
  of section 922.                              subject to subsection (b).                      sions of the law of any State or any politi-
                                                                                               cal subdivision thereof, an individual who
   No such rule or regulation prescribed          (b) This section shall not be construed      is a qualified retired law enforcement offi-
after the date of the enactment of the         to supersede or limit the laws of any State     cer and who is carrying the identification
Firearms Owners' Protection Act may            that —                                          required by subsection (d) may carry a
require that records required to be main-                                                      concealed firearm that has been shipped
tained under this chapter or any portion of         (1) permit private persons or entities     or transported in interstate or foreign
the contents of such records, be recorded        to prohibit or restrict the possession of     commerce, subject to subsection (b).
at or transferred to a facility owned, man-      concealed firearms on their property; or
aged, or controlled by the United States or                                                       (b) This section shall not be construed
any State or any political subdivision             (2) prohibit or restrict the possession     to supersede or limit the laws of any State
thereof, nor that any system of registration     of firearms on any State or local gov-        that—
of firearms, firearms owners, or firearms        ernment property, installation, building,
transactions or dispositions be estab-           base, or park.                                     (1) permit private persons or entities
lished. Nothing in this section expands or                                                       to prohibit or restrict the possession of
restricts the Attorney General's authority       (c) As used in this section, the term           concealed firearms on their property; or
to inquire into the disposition of any fire-   “qualified law enforcement officer”
arm in the course of a criminal investiga-     means an employee of a governmental                 (2) prohibit or restrict the possession
tion.                                          agency who —                                      of firearms on any State or local gov-
                                                                                                 ernment property, installation, building,
    (b) The Attorney General shall give not         (1) is authorized by law to engage in        base, or park.
less than ninety days public notice, and         or supervise the prevention, detection,
shall afford interested parties opportunity      investigation, or prosecution of, or the        (c) As used in this section, the term
for hearing, before prescribing such rules       incarceration of any person for, any vio-     “qualified retired law enforcement offi-
and regulations.                                 lation of law, and has statutory powers       cer” means an individual who—
                                                 of arrest;
    (c) The Attorney General shall not                                                              (1) retired in good standing from ser-
prescribe rules or regulations that require        (2) is authorized by the agency to            vice with a public agency as a law en-
purchasers of black powder under the             carry a firearm;                                forcement officer, other than for
exemption provided in section 845(a)(5) of                                                       reasons of mental instability;
this title to complete affidavits or forms         (3) is not the subject of any discipli-
attesting to that exemption.                     nary action by the agency;                         (2) before such retirement, was au-
                                                                                                 thorized by law to engage in or super-
§ 926A Interstate transportation of                 (4) meets standards, if any, estab-          vise     the    prevention,    detection,
firearms.                                        lished by the agency which require the          investigation, or prosecution of, or the
                                                 employee to regularly qualify in the use        incarceration of any person for, any
   Notwithstanding any other provisions of
                                                 of a firearm;                                   violation of law, and had statutory pow-
any law or any rule or regulation of a
                                                                                                 ers of arrest;
State or any political subdivision therof,
                                                    (5) is not under the influence of alco-
any person who is not otherwise prohib-
                                                 hol or another intoxicating or hallucina-         (3) (A) before such retirement, was
ited by this chapter from transporting,
                                                 tory drug or substance; and                     regularly employed as a law enforce-
shipping, or receiving a firearm shall be
                                                                                                 ment officer for an aggregate of 15
entitled to transport a firearm for any law-
                                                    (6) is not prohibited by Federal law         years or more; or
ful purpose from any place where he may
                                                 from receiving a firearm.
lawfully possess and carry such firearm to
                                                                                                      (B) retired from service with such
any other place where he may lawfully
                                                  (d) The identification required by this          agency, after completing any appli-
possess and carry such firearm if, during
                                               subsection is the photographic identifica-          cable probationary period of such
such transportation the firearm is
                                               tion issued by the governmental agency              service, due to a service-connected
unloaded, and neither the firearm nor any
                                               for which the individual is employed as a           disability, as determined by such
ammunition being transported is readily
                                               law enforcement officer.                            agency;
accessible or is directly accessible from
the passenger compartment of such
                                                  (e) As used in this section, the term              (4) has a nonforfeitable right to bene-
transporting vehicle: Provided, That in
                                               “firearm” does not include—                       fits under the retirement plan of the
the case of a vehicle without a compart-
                                                                                                 agency;
ment separate from the driver’s compart-
                                                   (1) any machinegun (as defined in
ment, the firearm or ammunition shall be
                                                 section 5845 of the National Firearms              (5) during the most recent 12-month
contained in a locked container other than
                                                 Act);                                           period, has met, at the expense of the
the glove compartment or console.
                                                                                                 individual, the State’s standards for
                                                   (2) any firearm silencer (as defined in       training and qualification for active law
§ 926B Carrying of concealed firearms
                                                 section 921 of this title); and                 enforcement officers to carry firearms;
by qualified law enforcement officers.

24
                                               § 928 Separability.                              under this title or imprisoned not more
     (6) is not under the influence of alco-                                                    than 5 years, or both.
  hol or another intoxicating or hallucina-       If any provision of this chapter or the
  tory drug or substance; and                  application thereof to any person or cir-           (c) A person who kills any person in the
                                               cumstance is held invalid, the remainder         course of a violation of subsection (a) or
     (7) is not prohibited by Federal law      of the chapter and the application of such       (b), or in the course of an attack on a
  from receiving a firearm.                    provision to other persons not similarly         Federal facility involving the use of a fire-
                                               situated or to other circumstances shall         arm or other dangerous weapon, or at-
  (d) The identification required by this      not be affected thereby.                         tempts or conspires to do such an act,
subsection is—                                                                                  shall be punished as provided in sections
                                               § 929 Use of restricted ammunition.              1111, 1112, 1113, and 1117.
     (1) a photographic identification is-
  sued by the agency from which the in-           (a) (1) Whoever, during and in relation         (d) Subsection (a) shall not apply to—
  dividual retired from service as a law       to the commission of a crime of violence
  enforcement officer that indicates that      or drug trafficking crime (including a crime          (1) the lawful performance of official
  the individual has, not less recently        of violence or drug trafficking crime which        duties by an officer, agent, or employee
  than one year before the date the indi-      provides for an enhanced punishment if             of the United States, a State, or a politi-
  vidual is carrying the concealed firearm,    committed by the use of a deadly or dan-           cal subdivision thereof, who is author-
  been tested or otherwise found by the        gerous weapon or device) for which he              ized by law to engage in or supervise
  agency to meet the standards estab-          may be prosecuted in a court of the                the prevention, detection, investigation,
  lished by the agency for training and        United States, uses or carries a firearm           or prosecution of any violation of law;
  qualification for active law enforcement     and is in possession of armor piercing
  officers to carry a firearm of the same      ammunition capable of being fired in that             (2) the possession of a firearm or
  type as the concealed firearm; or            firearm, shall, in addition to the punish-         other dangerous weapon by a Federal
                                               ment provided for the commission of such           official or a member of the Armed
     (2) (A) a photographic identification     crime of violence or drug trafficking crime        Forces if such possession is authorized
  issued by the agency from which the          be sentenced to a term of imprisonment             by law; or
  individual retired from service as a law     for not less than five years.
  enforcement officer; and                                                                           (3) the lawful carrying of firearms or
                                                    (2) For purposes of this subsection,          other dangerous weapons in a Federal
       (B) a certification issued by the         the term "drug trafficking crime"                facility incident to hunting or other law-
    State in which the individual resides        means any felony punishable under the            ful purposes.
    that indicates that the individual has,      Controlled Substances Act (21 U.S.C.
    not less recently than one year be-          801 et seq.), the Controlled Substances           (e) (1) Except as provided in paragraph
    fore the date the individual is carrying     Import and Export Act (21 U.S.C. 951 et        (2), whoever knowingly possesses or
    the concealed firearm, been tested or        seq.), or the Maritime Drug Law En-            causes to be present a firearm in a Fed-
    otherwise found by the State to meet         forcement Act (46 U.S.C. App. 1901 et          eral court facility, or attempts to do so,
    the standards established by the             seq.).                                         shall be fined under this title, imprisoned
    State for training and qualification for                                                    not more than 2 years, or both.
    active law enforcement officers to            (b) Notwithstanding any other provision
    carry a firearm of the same type as        of law, the court shall not suspend the              (2) Paragraph (1) shall not apply to
    the concealed firearm.                     sentence of any person convicted of a              conduct which is described in para-
                                               violation of this section, nor place the           graph (1) or (2) of subsection (d).
   (e) As used in this section, the term       person on probation, nor shall the terms
“firearm” does not include—                    of imprisonment run concurrently with any           (f) Nothing in this section limits the
                                               other terms of imprisonment, including           power of a court of the United States to
    (1) any machineguns (as defined in         that imposed for the crime in which the          punish for contempt or to promulgate
  section 5845 of the National Firearms        armor piercing ammunition was used or            rules or orders regulating, restricting, or
  Act);                                        possessed.                                       prohibiting the possession of weapons
                                                                                                within any building housing such court or
    (2) any firearm silencer (as defined in    § 930 Possession of firearms and                 any of its proceedings, or upon any
  section 921 of this title); and              dangerous weapons in Federal facili-             grounds appurtenant to such building.
                                               ties.
    (3) a destructive device (as defined in                                                       (g) As used in this section:
  section 921 of this title).                     (a) Except as provided in subsection
                                               (d), whoever knowingly possesses or                  (1) The term "Federal facility"
§ 927 Effect on State law.                     causes to be present a firearm or other            means a building or part thereof owned
                                               dangerous weapon in a Federal facility             or leased by the Federal Government,
   No provision of this chapter shall be       (other than a Federal court facility), or          where Federal employees are regularly
construed as indicating an intent on the       attempts to do so, shall be fined under            present for the purpose of performing
part of the Congress to occupy the field in    this title or imprisoned not more than 1           their official duties.
which such provision operates to the ex-       year, or both.
clusion of the law of any State on the                                                              (2) The term "dangerous weapon"
same subject matter, unless there is a            (b) Whoever, with intent that a firearm         means a weapon, device, instrument,
direct and positive conflict between such      or other dangerous weapon be used in               material, or substance, animate or in-
provision and the law of the State so that     the commission of a crime, knowingly               animate, that is used for, or is readily
the two cannot be reconciled or consis-        possesses or causes to be present such             capable of, causing death or serious
tently stand together.                         firearm or dangerous weapon in a Federal           bodily injury, except that such term
                                               facility, or attempts to do so, shall be fined     does not include a pocket knife with a


                                                                                                                                          25
  blade of less than 2 1/2 inches in              visor, prior written certification is ac-        pistol grip;
  length.                                         ceptable from any other employee of
                                                  the business.                                       (ii) a threaded barrel capable of
     (3) The term "Federal court facility"                                                         accepting a barrel extender, flash
                                                                 Editor’s Note:
  means the courtroom, judges' cham-                                                               suppressor, forward handgrip, or
  bers, witness rooms, jury deliberation            The following provisions of the GCA            silencer;
  rooms, attorney conference rooms,               were repealed when the semiautomatic
  prisoner holding cells, offices of the          assault weapon and large capacity am-               (iii) a shroud that is attached to,
  court clerks, the United States attorney,       munition feeding device bans sunset on           or partially or completely encircles,
  and the United States marshal, proba-           September 13, 2004.                              the barrel and that permits the
  tion and parole offices, and adjoining                                                           shooter to hold the firearm with the
  corridors of any court of the United          18 U.S.C. § 921 (30): The term "semiau-            nontrigger hand without being
  States.                                       tomatic assault weapon" means -                    burned;

   (h) Notice of the provisions of subsec-             (A) any of the firearms, or copies            (iv) a manufactured weight of 50
tions (a) and (b) shall be posted con-            or duplicates of the firearms in any cali-       ounces or more when the pistol is
spicuously at each public entrance to             ber, known as –                                  unloaded; and
each Federal facility, and notice of sub-
section (e) shall be posted conspicuously                 (i) Norinco, Mitchell, and Poly            (v) a semiautomatic version of an
at each public entrance to each Federal                Technologies Avtomat Kalash-                automatic firearm; and
court facility, and no person shall be con-            nikovs (all models);
victed of an offense under subsection (a)                                                          (D) a semiautomatic shotgun that
or (e) with respect to a Federal facility if             (ii) Action Arms Israeli Military       has at least 2 of –
such notice is not so posted at such facil-            Industries UZI and Galil;
ity, unless such person had actual notice                                                             (i) a folding or telescoping stock;
of subsection (a) or (e), as the case may                (iii) Beretta Ar70 (SC-70);
be.                                                                                                   (ii) a pistol grip that protrudes
                                                         (iv) Colt AR-15;                          conspicuously beneath the action
§ 931 Prohibition on purchase, own-                                                                of the weapon;
ership, or possession of body armor                      (v) Fabrique National FN/FAL,
by violent felons.                                     FN/LAR, and FNC;                              (iii) a fixed magazine capacity in
                                                                                                   excess of 5 rounds; and
   (a) In general. Except as provided in                 (vi) SWD M-10, M-11, M-11/9,
subsection (b), it shall be unlawful for a             and M-12;                                     (iv) an ability to       accept    a
person to purchase, own, or possess                                                                detachable magazine.
body armor, if that person has been con-                 (vii) Steyr AUG;
victed of a felony that is—                                                                      18 U.S.C. § 921 (31) The      term
                                                         (viii) INTRATEC TEC-9,                  "large capacity ammunition feeding
    (1) a crime of violence (as defined in             TEC-DC9 and TEC-22; and                   device" -
  section 16); or
                                                         (ix) revolving cylinder shotguns,         (A) means a magazine, belt, drum,
     (2) an offense under State law that               such as (or similar to) the Street        feed strip, or similar device
  would constitute a crime of violence                 Sweeper and Striker 12;                   manufactured after the date of
  under paragraph (1) if it occurred within                                                      enactment of the Violent Crime
  the special maritime and territorial juris-         (B) a semiautomatic rifle that has         Control and Law Enforcement Act of
  diction of the United States.                     an ability to accept a detachable            1994 that has a capacity of, or that
                                                    magazine and has at least 2 of -             can be readily restored or converted
  (b) Affirmative defense.                                                                       to accept, more than 10 rounds of
                                                         (i) a folding or telescoping stock;     ammunition; but
     (1) In general. It shall be an affirma-
  tive defense under this section that—                   (ii) a pistol grip that protrudes        (B) does not include an attached
                                                       conspicuously beneath the action          tubular device designed to accept,
        (A) the defendant obtained prior               of the weapon;                            and capable of operating only with,
     written certification from his or her                                                       .22 caliber rimfire ammunition.
     employer that the defendant's pur-                  (iii) a bayonet mount;
     chase, use, or possession of body                                                         18 U.S.C. § 922 (v) (1) It shall be
     armor was necessary for the safe                     (iv) a flash suppressor or           unlawful for a person to manufacture,
     performance of lawful business activ-             threaded barrel designed to             transfer, or possess a semiautomatic
     ity; and                                          accommodate a flash suppressor;         assault weapon.
                                                       and
        (B) the use and possession by the                                                      (2) Paragraph (1) shall not apply to the
     defendant were limited to the course                (v) a grenade launcher;               possession or transfer of any semiau-
     of such performance.                                                                      tomatic assault weapon otherwise law-
                                                                                               fully possessed under Federal law on
     (2) Employer. In this subsection, the            (C) a semiautomatic pistol that          the date of the enactment of this sub-
  term "employer" means any other in-               has an ability to accept a detachable      section.
  dividual employed by the defendant's              magazine and has at least 2 of -
  business that supervises defendant's                                                         (3) Paragraph (1) shall not apply to—
  activity. If that defendant has no super-               (i) an ammunition magazine that
                                                       attaches to the pistol outside of the

26
  (A) any of the firearms, or replicas or        (D) the manufacture, transfer, or            number as described in section 923 (i)
  duplicates of the firearms, specified          possession of a semiautomatic as-            of this title shall be a presumption that
  in Appendix A to this section, as such         sault weapon by a licensed manufac-          the large capacity ammunition feeding
  firearms were manufactured on Oc-              turer or licensed importer for the           device is not subject to the prohibition
  tober 1, 1993;                                 purposes of testing or                       of possession in paragraph (1).
                                                 experimentation
  (B) any firearm that—                          authorized by the Attorney General.                       APPENDIX
                                                                                            Centerfire Rifles — Autoloaders
                                             (w) (1) Except as provided in paragraph
    (i) is manually operated by bolt,
                                             (2), it shall be unlawful for a person to
    pump, lever, or slide action;                                                           Browning BAR Mark II Safari Semi-Auto
                                             transfer or possess a large capacity am-
                                                                                               Rifle
                                             munition feeding device.
    (ii) has been rendered perma-                                                           Browning BAR Mark II Safari Magnum
    nently inoperable; or                                                                      Rifle
                                               (2) Paragraph (1) shall not apply to the
                                                                                            Browning High-Power Rifle
                                               possession or transfer of any large ca-
    (iii) is an antique firearm;                                                            Heckler & Koch Model 300 Rifle
                                               pacity ammunition feeding device oth-
                                                                                            Iver Johnson M-1 Carbine
                                               erwise lawfully possessed on or before
  (C) any semiautomatic rifle that can-                                                     Iver Johnson 50th Anniversary M-1
                                               the date of the enactment of this sub-
  not accept a detachable magazine                                                             Carbine
                                               section.
  that holds more than 5 rounds of                                                          Marlin Model 9 Camp Carbine
  ammunition; or                                                                            Marlin Model 45 Carbine
                                               (3) This subsection shall not apply to—
                                                                                            Remington Nylon 66 Auto-Loading Rifle
  (D) any semiautomatic shotgun that                                                        Remington Model 7400 Auto Rifle
                                                 (A) the manufacture for, transfer to,
  cannot hold more than 5 rounds of                                                         Remington Model 7400 Rifle
                                                 or possession by the United States or
  ammunition in a fixed or detachable                                                       Remington Model 7400 Special Purpose
                                                 a department or agency of the United
  magazine.                                                                                    Auto Rifle
                                                 States or a State or a department,
                                                                                            Ruger Mini-14 Autoloading Rifle (w/o
                                                 agency, or political subdivision of a
The fact that a firearm is not listed in                                                       folding stock)
                                                 State, or a transfer to or possession
Appendix A shall not be construed to                                                        Ruger Mini Thirty Rifle
                                                 by a law enforcement officer em-
mean that paragraph (1) applies to
                                                 ployed by such an entity for purposes
such firearm. No firearm exempted by                                                        Centerfire Rifles — Lever & Slide
                                                 of law enforcement (whether on or off
this subsection may be deleted from
                                                 duty);
Appendix A so long as this subsection                                                       Browning Model 81 BLR Lever-Action
is in effect.                                                                                 Rifle
                                                 (B) the transfer to a licensee under ti-
                                                                                            Browning Model 81 Long Action BLR
                                                 tle I of the Atomic Energy Act of 1954
                                                                                            Browning Model 1886 Lever-Action
(4) Paragraph (1) shall not apply to—            for purposes of establishing and
                                                                                              Carbine
                                                 maintaining an on-site physical pro-
                                                                                            Browning Model 1886 High Grade
  (A) the manufacture for, transfer to,          tection system and security organiza-
                                                                                              Carbine
  or possession by the United States or          tion required by Federal law, or
                                                                                            Cimarron 1860 Henry Replica
  a department or agency of the United           possession by an employee or con-
                                                                                            Cimarron 1866 Winchester Replicas
  States or a State or a department,             tractor of such licensee on-site for
                                                                                            Cimarron 1873 Short Rifle
  agency, or political subdivision of a          such purposes or off-site for pur-
                                                                                            Cimarron 1873 Sporting Rifle
  State, or a transfer to or possession          poses of licensee-authorized training
                                                                                            Cimarron 1873 30" Express Rifle
  by a law enforcement officer em-               or transportation of nuclear materials;
                                                                                            Dixie Engraved 1873 Rifle
  ployed by such an entity for purposes
                                                                                            E.M.F. 1866 Yellowboy Lever Actions
  of law enforcement (whether on or off          (C) the possession, by an individual
                                                                                            E.M.F. 1860 Henry Rifle
  duty);                                         who is retired from service with a law
                                                                                            E.M.F. Model 73 Lever-Action Rifle
                                                 enforcement agency and is not oth-
                                                                                            Marlin Model 336CS Lever-Action
  (B) the transfer to a licensee under ti-       erwise prohibited from receiving am-
                                                                                              Carbine
  tle I of the Atomic Energy Act of 1954         munition, of a large capacity
                                                                                            Marlin Model 30AS Lever-Action Carbine
  for purposes of establishing and               ammunition feeding device trans-
                                                                                            Marlin Model 444SS Lever-Action Sporter
  maintaining an on-site physical pro-           ferred to the individual by the agency
                                                                                            Marlin Model 1894S Lever-Action Carbine
  tection system and security organiza-          upon such retirement; or
                                                                                            Marlin Model 1894CS Carbine
  tion required by Federal law, or
                                                                                            Marlin Model 1894CL Classic
  possession by an employee or con-              (D) the manufacture, transfer, or
                                                                                            Marlin Model 1895SS Lever-Action Rifle
  tractor of such licensee on-site for           possession of any large capacity
                                                                                            Mitchell 1858 Henry Replica
  such purposes or off-site for pur-             ammunition feeding device by a li-
                                                                                            Mitchell 1866 Winchester Replica
  poses of licensee-authorized training          censed manufacturer or licensed im-
                                                                                            Mitchell 1873 Winchester Replica
  or transportation of nuclear materials;        porter for the purposes of testing or
                                                                                            Navy Arms Military Henry Rifle
                                                 experimentation authorized by the At-
                                                                                            Navy Arms Henry Trapper
  (C) the possession, by an individual           torney General.
                                                                                            Navy Arms Iron Frame Henry
  who is retired from service with a law
                                                                                            Navy Arms Henry Carbine
  enforcement agency and is not oth-           (4) If a person charged with violating
                                                                                            Navy Arms 1866 Yellowboy Rifle
  erwise prohibited from receiving a           paragraph (1) asserts that paragraph
                                                                                            Navy Arms 1873 Winchester-Style Rifle
  firearm, of a semiautomatic assault          (1) does not apply to such person be-
                                                                                            Navy Arms 1873 Sporting Rifle
  weapon transferred to the individual         cause of paragraph (2) or (3), the Gov-
                                                                                            Remington 7600 Slide Action
  by the agency upon such retirement;          ernment shall have the burden of proof
  or                                           to show that such paragraph (1) applies
                                                                                            Remington Model 7600 Special Purpose
                                               to such person. The lack of a serial
                                                                                              Slide Action

                                                                                                                                    27
Rossi M92 SRC Saddle-Ring Carbine            Mauser Model 99 Bolt-Action Rifle         Sako Mannlicher-Style Carbine
Rossi M92 SRS Short Carbine                  McMillan Signature Classic Sporter        Sako Varmint Heavy Barrel
Savage 99C Lever-Action Rifle                McMillan Signature Super Varminter        Sako TRG-S Bolt-Action Rifle
Uberti Henry Rifle                           McMillan Signature Alaskan                Sauer 90 Bolt-Action Rifle
Uberti 1866 Sporting Rifle                   McMillan Signature Titanium Mountain      Savage 110G Bolt-Action Rifle
Uberti 1873 Sporting Rifle                     Rifle                                   Savage 110CY Youth/Ladies Rifle
Winchester Model 94 Side Eject               McMillan Classic Stainless Sporter        Savage 110WLE One of One Thousand
  Lever-Action Rifle                         McMillan Talon Safari Rifle                 Limited Edition Rifle
Winchester Model 94 Trapper Side Eject       McMillan Talon Sporter Rifle              Savage 110GXP3 Bolt-Action Rifle
Winchester Model 94 Big Bore Side Eject      Midland 1500S Survivor Rifle              Savage 110F Bolt-Action Rifle
Winchester Model 94 Ranger Side Eject        Navy Arms TU-33/40 Carbine                Savage 110FXP3 Bolt-Action Rifle
  Lever-Action Rifle                         Parker-Hale Model 81 Classic Rifle        Savage 110GV Varmint Rifle
Winchester Model 94 Wrangler Side Eject      Parker-Hale Model 81 Classic African      Savage 112FV Varmint Rifle
                                               Rifle                                   Savage Model 112FVS Varmint Rifle
Centerfire Rifles —Bolt Action               Parker-Hale Model 1000 Rifle              Savage Model 112BV Heavy Barrel
                                             Parker-Hale Model 1100M African             Varmint Rifle
Alpine Bolt-Action Rifle                       Magnum                                  Savage 116FSS Bolt-Action Rifle
A-Square Caesar Bolt-Action Rifle            Parker-Hale Model 1100                    Savage Model 116FSK Kodiak Rifle
A-Square Hannibal Bolt-Action                  Lightweight Rifle                       Savage 110FP Police Rifle
   Rifle                                     Parker-Hale Model 1200 Super              Steyr-Mannlicher Sporter Models SL, L,
Anschutz 1700D Classic Rifles                  Rifle                                     M, S, S/T
Anschutz 1700D Custom Rifles                 Parker-Hale Model 1200 Super              Steyr-Mannlicher Luxus Model L, M, S
Anschutz 1700D Bavarian                        Clip Rifle                              Steyr-Mannlicher Model M Professional
   Bolt-Action Rifle                         Parker-Hale Model 1300C Scout               Rifle
Anschutz 1733D Mannlicher Rifle                Rifle                                   Tikka Bolt-Action Rifle
Barret Model 90 Bolt-Action Rifle            Parker-Hale Model 2100 Midland            Tikka Premium Grade Rifles
Beeman/HW 60J Bolt-Action Rifle                Rifle                                   Tikka Varmint/Continental Rifle
Blaser R84 Bolt-Action Rifle                 Parker-Hale Model 2700                    Tikka Whitetail/Battue Rifle
BRNO 537 Sporter Bolt-Action                   Lightweight Rifle                       Ultra Light Arms Model 20 Rifle
   Rifle                                     Parker-Hale Model 2800 Midland            Ultra Light Arms Model 28, Model 40
BRNO ZKB 527 Fox Bolt-Action                   Rifle                                     Rifles
   Rifle                                     Remington Model Seven                     Voere VEC 91 Lightning Bolt-Action Rifle
BRNO ZKK 600, 601, 602 Bolt-Action             Bolt-Action Rifle                       Voere Model 2165 Bolt-Action Rifle
   Rifles                                    Remington Model Seven Youth Rifle         Voere Model 2155, 2150 Bolt-Action
Browning A-Bolt Rifle                        Remington Model Seven Custom KS             Rifles
Browning A-Bolt Stainless Stalker            Remington Model Seven Custom MS           Weatherby Mark V Deluxe Bolt-Action
Browning A-Bolt Left Hand                      Rifle                                     Rifle
Browning A-Bolt Short Action                 Remington 700 ADL Bolt-Action Rifle       Weatherby Lasermark V Rifle
Browning Euro-Bolt Rifle                     Remington 700 BDL Bolt-Action Rifle       Weatherby Mark V Crown Custom Rifles
Browning A-Bolt Gold Medallion               Remington 700 BDL Varmint Special         Weatherby Mark V Sporter Rifle
Browning A-Bolt Micro Medallion              Remington 700 BDL European                Weatherby Mark V Safari Grade Custom
Century Centurion 14 Sporter                   Bolt-Action Rifle                         Rifles
Century Enfield Sporter #4                   Remington 700 Varmint Synthetic Rifle     Weatherby Weathermark Rifle
Century Swedish Sporter #38                  Remington 700 BDL SS Rifle                Weatherby Weathermark Alaskan Rifle
Century Mauser 98 Sporter                    Remington 700 Stainless Synthetic Rifle   Weatherby Classicmark No. 1 Rifle
Cooper Model 38 Centerfire Sporter           Remington 700 MTRSS Rifle                 Weatherby Weatherguard Alaskan Rifle
Dakota 22 Sporter Bolt-Action Rifle          Remington 700 BDL Left Hand               Weatherby Vanguard VGX Deluxe Rifle
Dakota 76 Classic Bolt-Action Rifle          Remington 700 Camo Synthetic Rifle        Weatherby Vanguard Classic Rifle
Dakota 76 Short Action Rifles                Remington 700 Safari                      Weatherby Vanguard Classic No. 1 Rifle
Dakota 76 Safari Bolt-Action Rifle           Remington 700 Mountain Rifle              Weatherby Vanguard Weatherguard Rifle
Dakota 416 Rigby African                     Remington 700 Custom KS Mountain          Wichita Classic Rifle
E.A.A./Sabatti Rover 870 Bolt-Action Rifle     Rifle                                   Wichita Varmint Rifle
Auguste Francotte Bolt-Action Rifles         Remington 700 Classic Rifle               Winchester Model 70 Sporter
Carl Gustaf 2000 Bolt-Action Rifle           Ruger M77 Mark II Rifle                   Winchester Model 70 Sporter WinTuff
Heym Magnum Express Series Rifle             Ruger M77 Mark II Magnum Rifle            Winchester Model 70 SM Sporter
Howa Lightning Bolt-Action Rifle             Ruger M77RL Ultra Light                   Winchester Model 70 Stainless Rifle
Howa Realtree Camo Rifle                     Ruger M77 Mark II All-Weather Stainless   Winchester Model 70 Varmint
Interarms Mark X Viscount Bolt-Action          Rifle                                   Winchester Model 70 Synthetic Heavy
   Rifle                                     Ruger M77 RSI International Carbine         Varmint Rifle
Interarms Mini-Mark X Rifle                  Ruger M77 Mark II Express Rifle           Winchester Model 70 DBM Rifle
Interarms Mark X Whitworth Bolt-Action       Ruger M77VT Target Rifle                  Winchester Model 70 DBM-S Rifle
   Rifle                                     Sako Hunter Rifle                         Winchester Model 70 Featherweight
Interarms Whitworth Express Rifle            Sako Fiberclass Sporter                   Winchester Model 70 Featherweight
Iver Johnson Model 5100A1 Long-Range         Sako Safari Grade Bolt Action               WinTuff
   Rifle                                     Sako Hunter Left-Hand Rifle               Winchester Model 70 Featherweight
KDF K15 American Bolt-Action Rifle           Sako Classic Bolt Action                    Classic
Krico Model 600 Bolt-Action Rifle            Sako Hunter LS Rifle                      Winchester Model 70 Lightweight Rifle
Krico Model 700 Bolt-Action Rifles           Sako Deluxe Lightweight                   Winchester Ranger Rifle
Mauser Model 66 Bolt-Action Rifle            Sako Super Deluxe Sporter                 Winchester Model 70 Super Express


28
  Magnum                                   Heym Model 55B O/U Double Rifle
Winchester Model 70 Super Grade            Heym Model 55FW O/U Combo Gun             Anschutz Achiever Bolt-Action
Winchester Model 70 Custom                 Heym Model 88b Side-by-Side Double          Rifle
  Sharpshooter                               Rifle                                   Anschutz 1416D/1516D Classic Rifles
Winchester Model 70 Custom Sporting        Kodiak Mk. IV Double Rifle                Anschutz 1418D/1518D Mannlicher Rifles
  Sharpshooter Rifle                       Kreighoff Teck O/U Combination Gun        Anschutz 1700D Classic Rifles
                                           Kreighoff Trumpf Drilling                 Anschutz 1700D Custom Rifles
Centerfire Rifles — Single Shot            Merkel Over/Under Combination Guns        Anschutz 1700 FWT Bolt-Action Rifle
                                           Merkel Drillings                          Anschutz 1700D Graphite Custom Rifle
Armsport 1866 Sharps Rifle, Carbine        Merkel Model 160 Side-by-Side Double      Anschutz 1700D Bavarian Bolt-Action
Brown Model One Single Shot Rifle            Rifles                                    Rifle
Browning Model 1885 Single Shot            Merkel Over/Under Double Rifles           Armscor Model 14P Bolt-Action Rifle
  Rifle                                    Savage 24F O/U Combination Gun            Armscor Model 1500 Rifle
Dakota Single Shot Rifle                   Savage 24F-12T Turkey Gun                 BRNO ZKM-452 Deluxe Bolt-Action Rifle
Desert Industries G-90 Single              Springfield Inc. M6 Scout Rifle/Shotgun   BRNO ZKM 452 Deluxe
  Shot Rifle                               Tikka Model 412s Combination Gun          Beeman/HW 60-J-ST Bolt-Action Rifle
Harrington & Richardson Ultra Varmint      Tikka Model 412s Double Fire              Browning A-Bolt 22 Bolt-Action Rifle
  Rifle                                    A. Zoli Rifle-Shotgun O/U Combo           Browning A-Bolt Gold Medallion
Model 1885 High Wall Rifle                                                           Cabanas Phaser Rifle
Navy Arms Rolling Block Buffalo Rifle      Rimfire Rifles — Autoloaders              Cabanas Master Bolt-Action Rifle
Navy Arms #2 Creedmoor Rifle                                                         Cabanas Espronceda IV Bolt-Action Rifle
Navy Arms Sharps Cavalry Carbine           AMT Lightning 25/22 Rifle                 Cabanas Leyre Bolt-Action Rifle
Navy Arms Sharps Plains Rifle              AMT Lightning Small-Game Hunting Rifle    Chipmunk Single Shot Rifle
New England Firearms Handi-Rifle             II                                      Cooper Arms Model 36S Sporter Rifle
Red Willow Armory Ballard No. 5 Pacific    AMT Magnum Hunter Auto Rifle              Dakota 22 Sporter Bolt-Action Rifle
Red Willow Armory Ballard No. 1.5          Anschutz 525 Deluxe Auto                  Krico Model 300 Bolt-Action Rifles
  Hunting Rifle                            Armscor Model 20P Auto Rifle              Lakefield Arms Mark II Bolt-Action Rifle
Red Willow Armory Ballard No. 8 Union      Browning Auto-22 Rifle                    Lakefield Arms Mark I Bolt-Action Rifle
  Hill Rifle                               Browning Auto-22 Grade VI                 Magtech Model MT-22C Bolt-Action Rifle
Red Willow Armory Ballard No. 4.5 Target   Krico Model 260 Auto Rifle                Marlin Model 880 Bolt-Action Rifle
  Rifle                                    Lakefield Arms Model 64B Auto Rifle       Marlin Model 881 Bolt-Action Rifle
Remington-Style Rolling Block Carbine      Marlin Model 60 Self-Loading Rifle        Marlin Model 882 Bolt-Action Rifle
Ruger No. 1B Single Shot                   Marlin Model 60ss Self-Loading Rifle      Marlin Model 883 Bolt-Action Rifle
Ruger No. 1A Light Sporter                 Marlin Model 70 HC Auto                   Marlin Model 883SS Bolt-Action Rifle
Ruger No. 1H Tropical Rifle                Marlin Model 990l Self-Loading Rifle      Marlin Model 25MN Bolt-Action Rifle
Ruger No. 1S Medium Sporter                Marlin Model 70P Papoose                  Marlin Model 25N Bolt-Action Repeater
Ruger No. 1 RSI International              Marlin Model 922 Magnum Self-Loading      Marlin Model 15YN "Little Buckaroo"
Ruger No. 1V Special Varminter               Rifle                                   Mauser Model 107 Bolt-Action Rifle
C.Sharps Arms New Model 1874 Old           Marlin Model 995 Self-Loading Rifle       Mauser Model 201 Bolt-Action Rifle
  Reliable                                 Norinco Model 22 ATD Rifle                Navy Arms TU-KKW Training Rifle
C.Sharps Arms New Model 1875 Rifle         Remington Model 522 Viper Autoloading     Navy Arms TU-33/40 Carbine
C.Sharps Arms 1875 Classic Sharps            Rifle                                   Navy Arms TU-KKW Sniper
C.Sharps Arms New Model 1875 Target &      Remington 552BDL Speedmaster Rifle          Trainer
  Long Range                               Ruger 10/22 Autoloading Carbine (w/o      Norinco JW-27 Bolt-Action Rifle
Shiloh Sharps 1874 Long Range Express        folding stock)                          Norinco JW-15 Bolt-Action Rifle
Shiloh Sharps 1874 Montana Roughrider      Survival Arms AR-7 Explorer Rifle         Remington 541-T
Shiloh Sharps 1874 Military Carbine        Texas Remington Revolving Carbine         Remington 40-XR Rimfire Custom
Shiloh Sharps 1874 Business Rifle          Voere Model 2115 Auto Rifle                 Sporter
Shiloh Sharps 1874 Military Rifle                                                    Remington 541-T HB Bolt-Action
Sharps 1874 Old Reliable                   Rimfire Rifles — Lever & Slide Action       Rifle
Thompson/Center Contender Carbine                                                    Remington 581-S Sportsman Rifle
Thompson/Center Stainless Contender        Browning BL-22 Lever-Action Rifle         Ruger 77/22 Rimfire Bolt-Action
  Carbine                                  Marlin 39TDS Carbine                        Rifle
Thompson/Center Contender Carbine          Marlin Model 39AS Golden Lever-Action     Ruger K77/22 Varmint Rifle
  Survival System                            Rifle                                   Ultra Light Arms Model 20 RF
Thompson/Center Contender Carbine          Remington 572BDL Fieldmaster Pump           Bolt-Action Rifle
  Youth Model                                Rifle                                   Winchester Model 52B Sporting
Thompson/Center TCR '87 Single Shot        Norinco EM-321 Pump Rifle                   Rifle
  Rifle                                    Rossi Model 62 SA Pump Rifle
Uberti Rolling Block Baby Carbine          Rossi Model 62 SAC Carbine                Competition Rifles — Centerfire &
                                           Winchester Model 9422                     Rimfire
Drillings, Combination Guns, Double          Lever-Action Rifle
Rifles                                     Winchester Model 9422 Magnum              Anschutz 64-MS Left Silhouette
                                             Lever-Action Rifle                      Anschutz 1808D RT Super Match 54
Beretta Express SSO O/U Double Rifles                                                  Target
Beretta Model 455 SxS Express Rifle                                                  Anschutz 1827B Biathlon Rifle
Chapuis RGExpress Double Rifle                                                       Anschutz 1903D Match Rifle
Auguste Francotte Sidelock Double Rifles   Rimfire Rifles — Bolt Actions & Single    Anschutz 1803D Intermediate Match
Auguste Francotte Boxlock Double Rifle     Shots                                     Anschutz 1911 Match Rifle


                                                                                                                          29
Anschutz 54.18MS REP Deluxe                 Beretta 390 Super Trap, Super Skeet    Maverick Models 88, 91 Pump Shotguns
  Silhouette Rifle                            Shotguns                             Mossberg Model 500 Sporting Pump
Anschutz 1913 Super Match Rifle             Beretta Vittoria Auto Shotgun          Mossberg Model 500 Camo Pump
Anschutz 1907 Match Rifle                   Beretta Model 1201F Auto Shotgun       Mossberg Model 500 Muzzleloader
Anschutz 1910 Super Match II                Browning BSA 10 Auto Shotgun             Combo
Anschutz 54.18MS Silhouette Rifle           Browning BSA 10 Stalker Auto Shotgun   Mossberg Model 500 Trophy Slugster
Anschutz Super Match 54 Target Model        Browning A-500R Auto Shotgun           Mossberg Turkey Model 500 Pump
  2013                                      Browning A-500G Auto Shotgun           Mossberg Model 500 Bantam Pump
Anschutz Super Match 54 Target Model        Browning A-500G Sporting Clays         Mossberg Field Grade Model 835 Pump
  2007                                      Browning Auto-5 Light 12 and 20          Shotgun
Beeman/Feinwerkbau 2600 Target Rifle        Browning Auto-5 Stalker                Mossberg Model 835 Regal Ulti-Mag
Cooper Arms Model TRP-1 ISU Standard        Browning Auto-5 Magnum 20                Pump
  Rifle                                     Browning Auto-5 Magnum 12              Remington 870 Wingmaster
E.A.A./Weihrauch HW 60 Target Rifle         Churchill Turkey Automatic Shotgun     Remington 870 Special Purpose Deer
E.A.A./HW 660 Match Rifle                   Cosmi Automatic Shotgun                  Gun
Finnish Lion Standard Target Rifle          Maverick Model 60 Auto Shotgun         Remington 870 SPS-BG-Camo
Krico Model 360 S2 Biathlon Rifle           Mossberg Model 5500 Shotgun              Deer/Turkey Shotgun
Krico Model 400 Match Rifle                 Mossberg Model 9200 Regal Semi-Auto    Remington 870 SPS-Deer Shotgun
Krico Model 360S Biathlon Rifle               Shotgun                              Remington 870 Marine Magnum
Krico Model 500 Kricotronic Match Rifle     Mossberg Model 9200 USST Auto          Remington 870 TC Trap
Krico Model 600 Sniper Rifle                  Shotgun                              Remington 870 Special Purpose
Krico Model 600 Match Rifle                 Mossberg Model 9200 Camo Shotgun         Synthetic Camo
Lakefield Arms Model 90B Target Rifle       Mossberg Model 6000 Auto Shotgun       Remington 870 Wingmaster Small
Lakefield Arms Model 91T Target Rifle       Remington Model 1100 Shotgun             Gauges
Lakefield Arms Model 92S Silhouette Rifle   Remington 11-87 Premier Shotgun        Remington 870 Express Rifle Sighted
Marlin Model 2000 Target Rifle              Remington 11-87 Sporting Clays           Deer Gun
Mauser Model 86-SR Specialty Rifle          Remington 11-87 Premier Skeet          Remington 879 SPS Special Purpose
McMillan M-86 Sniper Rifle                  Remington 11-87 Premier Trap             Magnum
McMillan Combo M-87/M-88 50-Caliber         Remington 11-87 Special Purpose        Remington 870 SPS-T Camo Pump
  Rifle                                       Magnum                                 Shotgun
McMillan 300 Phoenix Long Range Rifle       Remington 11-87 SPS-T Camo Auto        Remington 870 Special Field
McMillan M-89 Sniper Rifle                    Shotgun                              Remington 870 Express Turkey
McMillan National Match Rifle               Remington 11-87 Special Purpose Deer   Remington 870 High Grades
McMillan Long Range Rifle                     Gun                                  Remington 870 Express
Parker-Hale M-87 Target Rifle               Remington 11-87 SPS-BG-Camo            Remington Model 870 Express Youth
Parker-Hale M-85 Sniper Rifle                 Deer/Turkey Shotgun                    Gun
Remington 40-XB Rangemaster Target          Remington 11-87 SPS-Deer Shotgun       Winchester Model 12 Pump Shotgun
  Centerfire                                Remington 11-87 Special Purpose        Winchester Model 42 High Grade
Remington 40-XR KS Rimfire Position           Synthetic Camo                         Shotgun
  Rifle                                     Remington SP-10 Magnum-Camo            Winchester Model 1300 Walnut Pump
Remington 40-XBBR KS                          Auto Shotgun                         Winchester Model 1300 Slug Hunter Deer
Remington 40-XC KS National                 Remington SP-10 Magnum Auto Shotgun      Gun
  Match Course Rifle                        Remington SP-10 Magnum Turkey          Winchester Model 1300 Ranger Pump
Sako TRG-21 Bolt-Action Rifle                 Combo                                  Gun Combo & Deer Gun
Steyr-Mannlicher Match SPG-UIT              Remington 1100 LT-20 Auto              Winchester Model 1300 Turkey Gun
  Rifle                                     Remington 1100 Special Field           Winchester Model 1300 Ranger Pump
Steyr-Mannlicher SSG P-I Rifle              Remington 1100 20-Gauge Deer Gun         Gun
Steyr-Mannlicher SSG P-III Rifle            Remington 1100 LT-20 Tournament
Steyr-Mannlicher SSG P-IV Rifle               Skeet                                Shotguns — Over/Unders
Tanner Standard UIT Rifle                   Winchester Model 1400 Semi-Auto
Tanner 50 Meter Free Rifle                    Shotgun                              American Arms/Franchi Falconet 2000
Tanner 300 Meter Free Rifle                                                          O/U
Wichita Silhouette Rifle                    Shotguns — Slide Actions               American Arms Silver I O/U
                                                                                   American Arms Silver II Shotgun
Shotguns — Autoloaders                      Browning Model 42 Pump Shotgun         American Arms Silver Skeet O/U
                                            Browning BPS Pump Shotgun              American Arms/Franchi Sporting 2000
American Arms/Franchi Black Magic           Browning BPS Stalker Pump Shotgun        O/U
  48/AL                                     Browning BPS Pigeon Grade Pump         American Arms Silver Sporting O/U
Benelli Super Black Eagle Shotgun              Shotgun                             American Arms Silver Trap O/U
Benelli Super Black Eagle Slug Gun          Browning BPS Pump Shotgun (Ladies      American Arms WS/OU 12, TS/OU 12
Benelli M1 Super 90 Field Auto Shotgun         and Youth Model)                      Shotguns
Benelli Montefeltro Super 90 20-Gauge       Browning BPS Game Gun Turkey Special   American Arms WT/OU 10 Shotgun
  Shotgun                                   Browning BPS Game Gun Deer Special     Armsport 2700 O/U Goose Gun
Benelli Montefeltro Super 90 Shotgun        Ithaca Model 87 Supreme Pump Shotgun   Armsport 2700 Series O/U
Benelli M1 Sporting Special Auto Shotgun    Ithaca Model 87 Deerslayer Shotgun     Armsport 2900 Tri-Barrel Shotgun
Benelli Black Eagle Competition Auto        Ithaca Deerslayer II Rifled Shotgun    Baby Bretton Over/Under Shotgun
  Shotgun                                   Ithaca Model 87 Turkey Gun             Beretta Model 686 Ultralight O/U
Beretta A-303 Auto Shotgun                  Ithaca Model 87 Deluxe Pump Shotgun    Beretta ASE 90 Competition O/U Shotgun
Beretta 390 Field Auto Shotgun              Magtech Model 586-VR Pump Shotgun      Beretta Over/Under Field Shotguns


30
Beretta Onyx Hunter Sport O/U Shotgun       SKB Model 685 Over/Under Shotgun            Ugartechea 10-Ga. Magnum Shotgun
Beretta Model SO5, SO6, SO9 Shotguns        SKB Model 885 Over/Under Trap, Skeet,
Beretta Sporting Clay Shotguns                Sporting Clays                            Shotguns — Bolt Actions & Single
Beretta 687EL Sporting O/U                  Stoeger/IGA Condor I O/U Shotgun            Shots
Beretta 682 Super Sporting O/U              Stoeger/IGA ERA 2000 Over/Under
Beretta Series 682 Competition                Shotgun                                   Armsport Single Barrel Shotgun
   Over/Unders                              Techni-Mec Model 610 Over/Under             Browning BT-99 Competition Trap Special
Browning Citori O/U Shotgun                 Tikka Model 412S Field Grade                Browning BT-99 Plus Trap Gun
Browning Superlight Citori Over/Under         Over/Under                                Browning BT-99 Plus Micro
Browning Lightning Sporting Clays           Weatherby Athena Grade IV O/U               Browning Recoilless Trap Shotgun
Browning Micro Citori Lightning               Shotguns                                  Browning Micro Recoilless Trap Shotgun
Browning Citori Plus Trap Combo             Weatherby Athena Grade V Classic Field      Desert Industries Big Twenty Shotgun
Browning Citori Plus Trap Gun                 O/U                                       Harrington & Richardson Topper Model
Browning Citori O/U Skeet Models            Weatherby Orion O/U Shotguns                   098
Browning Citori O/U Trap Models             Weatherby II, III Classic Field O/Us        Harrington & Richardson Topper Classic
Browning Special Sporting Clays             Weatherby Orion II Classic Sporting Clays      Youth Shotgun
Browning Citori GTI Sporting Clays            O/U                                       Harrington & Richardson N.W.T.F. Turkey
Browning 325 Sporting Clays                 Weatherby Orion II Sporting Clays O/U          Mag
Centurion Over/Under Shotgun                Winchester Model 1001 O/U Shotgun           Harrington & Richardson Topper Deluxe
Chapuis Over/Under Shotgun                  Winchester Model 1001 Sporting Clays           Model 098
Connecticut Valley Classics Classic           O/U                                       Krieghoff KS-5 Trap Gun
   Sporter O/U                              Pietro Zanoletti Model 2000 Field O/U       Krieghoff KS-5 Special
Connecticut Valley Classics Classic Field                                               Krieghoff K-80 Single Barrel Trap Gun
   Waterfowler                              Shotguns — Side by Sides                    Ljutic Mono Gun Single Barrel
Charles Daly Field Grade O/U                                                            Ljutic LTX Super Deluxe Mono Gun
                                            American Arms Brittany Shotgun
Charles Daly Lux Over/Under                                                             Ljutic Recoilless Space Gun Shotgun
                                            American Arms Gentry Double Shotgun
E.A.A./Sabatti Sporting Clays Pro-Gold                                                  Marlin Model 55 Goose Gun Bolt Action
                                            American Arms Derby Side-by-Side
   O/U                                                                                  New England Firearms Turkey and Goose
                                            American Arms Grulla #2 Double Shotgun
E.A.A/Sabatti Falcon-Mon Over/Under                                                        Gun
                                            American Arms WS/SS 10
Kassnar Grade I O/U Shotgun                                                             New England Firearms N.W.T.F. Shotgun
                                            American Arms TS/SS 10 Double
Krieghoff K-80 Sporting Clays O/U                                                       New England Firearms Tracker Slug Gun
                                               Shotgun
Krieghoff K-80 Skeet Shotgun                                                            New England Firearms Standard Pardner
                                            American Arms TS/SS 12 Side-by-Side
Krieghoff K-80 International Skeet                                                      New England Firearms Survival Gun
                                            Arrieta Sidelock Double Shotguns
Krieghoff K-80 Four-Barrel Skeet Set                                                    Perazzi TM1 Special Single Trap
                                            Armsport 1050 Series Double Shotguns
Krieghoff K-80/RT Shotguns                                                              Remington 90-T Super Single Shotgun
                                            Arizaga Model 31 Double Shotgun
Krieghoff K-80 O/U Trap Shotgun                                                         Snake Charmer II Shotgun
                                            AYA Boxlock Shotguns
Laurona Silhouette 300 Sporting Clays                                                   Stoeger/IGA Reuna Single Barrel
                                            AYA Sidelock Double Shotguns
Laurona Silhouette 300 Trap                                                                Shotgun
                                            Beretta Model 452 Sidelock Shotgun
Laurona Super Model Over/Unders                                                         Thompson/Center TCR '87 Hunter
                                            Beretta Side-by-Side Field Shotguns
Ljutic LM-6 Deluxe O/U Shotgun                                                             Shotgun
                                            Crucelegui Hermanos Model 150 Double
Marocchi Conquista Over/Under Shotgun
                                            Chapuis Side-by-Side Shotgun
Marocchi Avanza O/U Shotgun
                                            E.A.A./Sabatti Saba-Mon Double Shotgun
Merkel Model 200E O/U Shotgun
                                            Charles Daly Model Dss Double
Merkel Model 200E Skeet, Trap
                                            Ferlib Model F VII Double Shotgun
   Over/Unders
                                            Auguste Francotte Boxlock Shotgun
Merkel Model 203E, 303E Over/Under
                                            Auguste Francotte Sidelock Shotgun
   Shotguns
                                            Garbi Model 100 Double
Perazzi Mirage Special Sporting O/U
                                            Garbi Model 101 Side-by-Side
Perazzi Mirage Special Four-Gauge
                                            Garbi Model 103A, B Side-by-Side
   Skeet
                                            Garbi Model 200 Side-by-Side
Perazzi Sporting Classic O/U
                                            Bill Hanus Birdgun Doubles
Perazzi MX7 Over/Under Shotguns
                                            Hatfield Uplander Shotgun
Perazzi Mirage Special Skeet Over/Under
                                            Merkel Model 8, 47E Side-by-Side
Perazzi MX8/MX8 Special Trap, Skeet
                                               Shotguns
Perazzi MX 8/20 Over/Under Shotgun
                                            Merkel Model 47LSC Sporting Clays
Perazzi MX9 Single Over/Under Shotguns
                                               Double
Perazzi MX12 Hunting Over/Under
                                            Merkel Model 47S, 147S Side-by-Sides
Perazzi MX28, MX410 Game O/U
                                            Parker Reproductions Side-by-Side
   Shotguns
                                            Piotti King No. 1 Side-by-Side
Perazzi MX20 Hunting Over/Under
                                            Piotti Lunik Side-by-Side
Piotti Boss Over/Under Shotgun
                                            Piotti King Extra Side-by-Side
Remington Peerless Over/Under Shotgun
                                            Piotti Piuma Side-by-Side
Ruger Red Label O/U Shotgun
                                            Precision Sports Model 600 Series
Ruger Sporting Clays O/U Shotgun
                                               Doubles
San Marco 12-Ga. Wildflower Shotgun
                                            Rizzini Boxlock Side-by-Side
San Marco Field Special O/U Shotgun
                                            Rizzini Sidelock Side-by-Side
San Marco 10-Ga. O/U Shotgun
SKB Model 505 Deluxe Over/Under
                                            Stoeger/IGA Uplander Side-by-Side
   Shotgun
                                              Shotgun

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