Source
(Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 228; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1216; Pub. L. 97–377, title I, § 165(a), Dec. 21, 1982, 96 Stat. 1923; Pub. L. 99–308, § 102, May 19, 1986, 100 Stat. 451; Pub. L. 99–408, § 2, Aug. 28, 1986, 100 Stat. 920; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–649, § 2(a), (f)(2)(A), Nov. 10, 1988, 102 Stat. 3816, 3818; Pub. L. 100–690, title VII, § 7060(c), Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101–647, title XVII, § 1702(b)(1), title XXII, §§ 2201,
2202,
2204
(b), title XXXV, § 3524, Nov. 29, 1990, 104 Stat. 4844, 4856, 4857, 4924; Pub. L. 103–159, title I, § 102(a)(1), (b), title III, § 302(a)–(c), Nov. 30, 1993, 107 Stat. 1536, 1539, 1545; Pub. L. 103–322, title XI, §§ 110102(a),
110103
(a),
110105
(2),
110106,
110201
(a),
110401
(b), (c),
110511,
110514, title XXXII, §§ 320904,
320927, title XXXIII, § 330011(i), Sept. 13, 1994, 108 Stat. 1996, 1998, 2000, 2010, 2014, 2019, 2125, 2131, 2145; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, §§ 657,
658
(b)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369, 3009–372; Pub. L. 104–294, title VI, § 603(b), (c)(1), (d)–(f)(1), (g), Oct. 11, 1996, 110 Stat. 3503, 3504; Pub. L. 105–277, div. A, § 101(b) [title I, § 121], Oct. 21, 1998, 112 Stat. 2681–50, 2681–71; Pub. L. 107–273, div. B, title IV, § 4003(a)(1), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 107–296, title XI, § 1112(f)(4), (6), Nov. 25, 2002, 116 Stat. 2276; Pub. L. 109–92, §§ 5(c)(1),
6
(a), Oct. 26, 2005, 119 Stat. 2099, 2101.)
Amendment of Section
Pub. L. 100–649, § 2(f)(2)(A), Nov. 10, 1988, 102 Stat. 3818, as amended by Pub. L. 105–277, div. A, § 101(h) [title VI, § 649], Oct. 21, 1998, 112 Stat. 2681–480, 2681–528; Pub. L. 108–174, § 1(1), Dec. 9, 2003, 117 Stat. 2481, provided that, effective 25 years after the 30th day beginning after Nov. 10, 1988, subsection (p) of this section is repealed.
References in Text
The effective date of this chapter, referred to in subsec. (a)(3), is December 16, 1968.
Section 5845 of the Internal Revenue Code of 1986, referred to in subsecs. (a)(4) and (b)(4), is classified to section
5845 of Title
26, Internal Revenue Code.
For date this subsection takes effect, referred to in subsec. (o)(2)(B), as May 19, 1986, see Effective Date of 1986 Amendment note, set out below.
The date of the enactment of this subsection and the date of the enactment of the Undetectable Firearms Act of 1988, referred to in subsec. (p)(2)(C)(i), (6), respectively, are both the date of enactment of
Pub. L. 100–649, which enacted subsec. (p) of this section and which was approved Nov. 10, 1988.
The date of enactment of this subsection, referred to in subsec. (s)(1), is the date of enactment of
Pub. L. 103–159, which was approved Nov. 30, 1993.
Section 5812 of the Internal Revenue Code of 1986, referred to in subsecs. (s)(1)(E) and (t)(3)(B), is classified to section
5812 of Title
26, Internal Revenue Code.
Section
1028 of this title, referred to in subsec. (s)(3)(A), was subsequently amended, and section
1028
(d)(1) no longer defines the term “identification document”. However, such term is defined elsewhere in that section.
Section 102 of the Controlled Substances Act, referred to in subsec. (s)(3)(B)(iii), is classified to section
802 of Title
21, Food and Drugs.
Section 103 of the Brady Handgun Violence Prevention Act, referred to in subsec. (t)(1), is section 103 of
Pub. L. 103–159, which is set out below.
Amendments
2005—Subsec. (a)(7), (8).
Pub. L. 109–92, § 6(a), added pars. (7) and (8) and struck out former pars. (7) and (8) which related to prohibitions on the manufacture, importation, sale, and delivery of armor piercing ammunition.
Subsec. (z).
Pub. L. 109–92, § 5(c)(1), added subsec. (z).
2002—Subsecs. (a) to (c), (p)(2) to (4).
Pub. L. 107–296, § 1112(f)(6), substituted “Attorney General” for “Secretary” wherever appearing.
Subsec. (p)(5)(A).
Pub. L. 107–296, § 1112(f)(4), substituted “after consultation with the Attorney General” for “after consultation with the Secretary”.
Subsecs. (r), (s).
Pub. L. 107–296, § 1112(f)(6), substituted “Attorney General” for “Secretary” wherever appearing.
Subsec. (t)(1)(C).
Pub. L. 107–273 substituted “1028(d)” for “1028(d)(1)”.
Subsecs. (t)(3), (5), (v), (w).
Pub. L. 107–296, § 1112(f)(6), substituted “Attorney General” for “Secretary” wherever appearing.
1998—Subsec. (d)(5).
Pub. L. 105–277, § 101(b) [title I, § 121(1)], added par. (5) and struck out former par. (5) which read as follows: “who, being an alien, is illegally or unlawfully in the United States;”.
Subsec. (g)(5).
Pub. L. 105–277, § 101(b) [title I, § 121(2)], added par. (5) and struck out former par. (5) which read as follows: “who, being an alien, is illegally or unlawfully in the United States;”.
Subsec. (s)(3)(B)(v).
Pub. L. 105–277, § 101(b) [title I, § 121(3)], added cl. (v) and struck out former cl. (v) which read as follows: “is not an alien who is illegally or unlawfully in the United States;”.
Subsec. (y).
Pub. L. 105–277, § 101(b) [title I, § 121(4)], added subsec. (y).
1996—
Pub. L. 104–294, § 603(g), amended Appendix A by substituting “Uberti 1866 Sporting Rifle” for “Uberti 1866 Sporting Rilfe” in category designated “Centerfire Rifles—Lever & Slide”, “Sako FiberClass Sporter” for “Sako Fiberclass Sporter” in category designated “Centerfire Rifles—Bolt Action”, “Remington 870 SPS Special Purpose Magnum” for “Remington 879 SPS Special Purpose Magnum” in category designated “Shotguns—Slide Actions”, and “E.A.A./Sabatti Falcon-Mon Over/Under” for “E.A.A/Sabatti Falcon-Mon Over/Under” in category designated “Shotguns—Over/Unders”.
Subsec. (d)(9).
Pub. L. 104–208, § 101(f) [§ 658(b)(1)], added par. (9).
Subsec. (g)(7).
Pub. L. 104–208, § 101(f) [§ 658(b)(2)(A)], struck out “or” at end.
Subsec. (g)(8)(C)(ii).
Pub. L. 104–294, § 603(b), which directed the amendment of cl. (ii) by substituting a semicolon for the comma at end, could not be executed because of the prior amendment by
Pub. L. 104–208, § 101(f) [§ 658(b)(2)]. See below.
Pub. L. 104–208, § 101(f) [§ 658(b)(2)(B)], substituted “; or” for comma at end.
Subsec. (g)(9).
Pub. L. 104–208, § 101(f) [§ 658(b)(2)(C)], added par. (9).
Subsec. (q).
Pub. L. 104–208, § 101(f) [title VI, § 657], amended subsec. generally, revising and restating former provisions.
Subsec. (s)(1).
Pub. L. 104–294, § 603(c)(1), amended directory language of
Pub. L. 103–322, § 320927. See 1994 Amendment note below.
Subsec. (s)(3)(B)(i).
Pub. L. 104–208, § 101(f) [title VI, § 658(b)(3)], inserted “, and has not been convicted in any court of a misdemeanor crime of domestic violence” before the semicolon.
Subsec. (t)(2).
Pub. L. 104–294, § 603(d), substituted “subsection (g) or (n)” for “section
922
(g) or (n)” in introductory provisions.
Subsec. (w)(4).
Pub. L. 104–294, § 603(e), substituted “section
923
(i) of this title” for “section
923
(i) of title
18, United States Code,”.
Subsec. (x).
Pub. L. 104–294, § 603(f)(1), amended directory language of
Pub. L. 103–322, § 110201(a). See 1994 Amendment note below.
1994—
Pub. L. 103–322, § 110106, which added Appendix A specifying firearms that were not prohibited by subsec. (v)(1) at end of section, was repealed by
Pub. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (a)(9).
Pub. L. 103–322, § 110514, added par. (9).
Subsec. (b)(1).
Pub. L. 103–322, § 330011(i), amended directory language of
Pub. L. 101–647, § 3524. See 1990 Amendment note below.
Subsec. (d)(8).
Pub. L. 103–322, § 110401(b), added par. (8).
Subsec. (g)(8).
Pub. L. 103–322, § 110401(c), added par. (8).
Subsec. (j).
Pub. L. 103–322, § 110511, amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “It shall be unlawful for any person to receive, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.”
Subsec. (q).
Pub. L. 103–322, § 320904, added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively.
Subsec. (s)(1).
Pub. L. 103–322, § 320927, as amended by
Pub. L. 104–294, § 603(c)(1), inserted “(other than the return of a handgun to the person from whom it was received)” after “handgun” in introductory provisions.
Subsec. (v).
Pub. L. 103–322, § 110102(a), which added subsec. (v) prohibiting the manufacture, transfer, or possession of automatic assault weapons, was repealed by
Pub. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (w).
Pub. L. 103–322, § 110103(a), which added subsec. (w) prohibiting the transfer or possession of a large capacity ammunition feeding device, was repealed by
Pub. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (x).
Pub. L. 103–322, § 110201(a), as amended by
Pub. L. 104–294, § 603(f)(1), added subsec. (x).
1993—Subsec. (e).
Pub. L. 103–159, § 302(a), inserted at end “No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.”
Subsec. (f).
Pub. L. 103–159, § 302(b), designated existing provisions as par. (1) and added par. (2).
Subsec. (s).
Pub. L. 103–159, § 102(a)(1), added subsec. (s).
Subsec. (t).
Pub. L. 103–159, § 102(b), added subsec. (t).
Subsec. (u).
Pub. L. 103–159, § 302(c), added subsec. (u).
1990—Subsec. (a)(5).
Pub. L. 101–647, § 2201, substituted “does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;” for “resides in any State other than that in which the transferor resides (or other than that in which its place of business is located if the transferor is a corporation or other business entity);”.
Subsec. (b)(1).
Pub. L. 101–647, § 3524, as amended by
Pub. L. 103–322, § 330011(i), substituted semicolon for period at end.
Subsec. (j).
Pub. L. 101–647, § 2202(a), substituted “which constitutes, or which has been shipped or transported in” for “or which constitutes”.
Subsec. (k).
Pub. L. 101–647, § 2202(b), inserted before period at end “or to possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce”.
Subsec. (q).
Pub. L. 101–647, § 1702(b)(1), added subsec. (q).
Subsec. (r).
Pub. L. 101–647, § 2204(b), added subsec. (r).
1988—Subsec. (g)(3).
Pub. L. 100–690 inserted “who” before “is”.
Subsec. (p).
Pub. L. 100–649 added subsec. (p).
1986—Subsec. (a)(1).
Pub. L. 99–308, § 102(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “for any person, except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms or ammunition, or in the course of such business to ship, transport, or receive any firearm or ammunition in interstate or foreign commerce;”
Subsec. (a)(2).
Pub. L. 99–308, § 102(2)(A), in provision preceding subpar. (A) struck out “or ammunition” after “any firearm”.
Subsec. (a)(2)(A).
Pub. L. 99–308, § 102(2)(B), substituted “licensed dealer, or licensed collector” for “or licensed dealer for the sole purpose of repair or customizing”.
Subsec. (a)(3)(B).
Pub. L. 99–308, § 102(3), substituted “firearm” for “rifle or shotgun” and “with subsection (b)(3) of this section” for “with the provisions of subsection (b)(3) of this section”.
Subsec. (a)(4).
Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Subsec. (a)(7), (8).
Pub. L. 99–408 added pars. (7) and (8).
Subsec. (b)(2).
Pub. L. 99–308, § 102(4)(A), struck out “or ammunition” after “firearm” in two places.
Subsec. (b)(3)(A).
Pub. L. 99–308, § 102(4)(B), inserted a new cl. (A) and struck out former cl. (A) which provided that par. (3) “shall not apply to the sale or delivery of a rifle or shotgun to a resident of a State contiguous to the State in which the licensee’s place of business is located if the purchaser’s State of residence permits such sale or delivery by law, the sale fully complies with the legal conditions of sale in both such contiguous States, and the purchaser and the licensee have, prior to the sale, or delivery for sale, of the rifle or shotgun, complied with all of the requirements of section
922
(c) applicable to intrastate transactions other than at the licensee’s business premises,”.
Subsec. (b)(3)(B), (C).
Pub. L. 99–308, § 102(4)(C), (D), inserted “and” before “(B)” and struck out cl. (C), which provided that par. (3) “shall not preclude any person who is participating in any organized rifle or shotgun match or contest, or is engaged in hunting, in a State other than his State of residence and whose rifle or shotgun has been lost or stolen or has become inoperative in such other State, from purchasing a rifle or shotgun in such other State from a licensed dealer if such person presents to such dealer a sworn statement (i) that his rifle or shotgun was lost or stolen or became inoperative while participating in such a match or contest, or while engaged in hunting, in such other State, and (ii) identifying the chief law enforcement officer of the locality in which such person resides, to whom such licensed dealer shall forward such statement by registered mail”.
Subsec. (b)(4).
Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Subsec. (b)(5).
Pub. L. 99–308, § 102(4)(E), substituted “or armor-piercing ammunition” for “or ammunition except .22 caliber rimfire ammunition”.
Subsec. (d).
Pub. L. 99–308, § 102(5)(A), substituted “person” for “licensed importer, licensed manufacturer, licensed dealer, or licensed collector” in provision preceding par. (1).
Subsec. (d)(3).
Pub. L. 99–308, § 102(5)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); or”.
Subsec. (d)(5) to (7).
Pub. L. 99–308, § 102(5)(C), (D), added pars. (5) to (7).
Subsec. (g).
Pub. L. 99–308, § 102(6)(D), in concluding provision substituted “in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce” for “any firearm or ammunition in interstate or foreign commerce”.
Subsec. (g)(1).
Pub. L. 99–308, § 102(6)(A), struck out “is under indictment for, or who” after “who”.
Subsec. (g)(3).
Pub. L. 99–308, § 102(6)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “who is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); or”.
Subsec. (g)(5) to (7).
Pub. L. 99–308, § 102(6)(C), added pars. (5) to (7).
Subsec. (h).
Pub. L. 99–308, § 102(7), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “It shall be unlawful for any person—
“(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
“(2) who is a fugitive from justice;
“(3) who is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); or
“(4) who has been adjudicated as a mental defective or who has been committed to any mental institution;
to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”
Subsec. (n).
Pub. L. 99–308, § 102(8), added subsec. (n).
Subsec. (o).
Pub. L. 99–308, § 102(9), added subsec. (o).
1982—Subsec. (b)(5).
Pub. L. 97–377 inserted “except .22 caliber rimfire ammunition” after “or ammunition”.
1968—Subsec. (a)(1).
Pub. L. 90–618 reenacted par. (1) without change.
Subsec. (a)(2).
Pub. L. 90–618 added licensed collectors to the enumerated list of licensees subject to the provisions of this chapter, struck out exemption for the shipment or transportation in interstate or foreign commerce for rifles or shotguns, and inserted exemption authorizing an individual to mail a lawfully owned firearm to the specified licensees for the sole purpose of repair or customizing.
Subsec. (a)(3).
Pub. L. 90–618 added licensed collectors to the enumerated list of licensees, struck out exemption for shotguns or rifles purchased or otherwise obtained outside the state of residence of the recipient, struck out provision making it unlawful for any person to purchase or otherwise obtain outside his state of residence any firearm which it would be unlawful for him to purchase or possess in that state, and provided for exemptions when any person outside of his state of residence acquires a firearm by bequest or interstate succession and transports the firearm or otherwise receives it in his state of residence, if it is lawful for such person to purchase or possess such firearm in his state of residence, when a rifle or shotgun is obtained in conformity with the provisions of subsec. (b)(3) of this section, and when any firearm has been acquired in any state prior to the effective date of this chapter.
Subsec. (a)(4).
Pub. L. 90–618 added licensed collectors to the enumerated list of licensees, and provided that the transporting of the specified articles be authorized by the Secretary when consistent with public safety and necessity.
Subsec. (a)(5).
Pub. L. 90–618 added licensed collectors to the enumerated list of exempted licensees, prohibited the transfer, etc., of any firearm when the transferor has reasonable cause to believe that the transferee resides in a State other than that in which the transferor resides, and substituted provisions which exempted the transfer, transportation, or delivery of firearms incident to a bequest or intestate succession and the loan or rental of firearms to any person for temporary use for lawful sporting purposes for provisions which exempted the transfer of shotguns or rifles and prohibited the transfer, etc., of any firearm which the transferee could not lawfully purchase or possess in accord with the applicable laws, regulations or ordinances of the state or political subdivision in which the transferee resides.
Subsec. (a)(6).
Pub. L. 90–618 added licensed collectors to the enumerated list of licensees, and extended the provisions to include the acquisition or attempted acquisition of ammunition.
Subsec. (b).
Pub. L. 90–618, in provision preceding par. (1), added licensed collectors to the enumerated list of licensees.
Subsec. (b)(1).
Pub. L. 90–618 substituted provisions making it unlawful to sell or deliver any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than 18, and to sell or deliver any firearm, other than a rifle or shotgun, or ammunition, other than ammunition for a rifle or shotgun, to any individual who the licensee knows or has reasonable cause to believe is less than 21, for provisions making it unlawful to sell or deliver any firearm to any individual who the licensee knows or has reasonable cause to believe is less than 21, if the firearm is other than a shotgun or rifle.
Subsec. (b)(2).
Pub. L. 90–618 extended the prohibition to include the sale or delivery of ammunition to any person where the purchase or possession by such person of such ammunition would be unlawful, and struck out “or in the locality in which such person resides” after “or other disposition,”.
Subsec. (b)(3).
Pub. L. 90–618 inserted the exemptions to the prohibition against the sale or delivery of any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in the state in which the licensee’s place of business is located.
Subsec. (b)(4).
Pub. L. 90–618 substituted provisions making it unlawful to sell or deliver any of the specified articles, except as specifically authorized by the Secretary as consistent with public safety and necessity, for provisions making it unlawful to sell or deliver any of the specified articles, unless the transferor has obtained a sworn statement executed by the principal law enforcement officer of the locality in which the transferee resides stating that such person’s receipt or possession would not be unlawful, and that the receipt or possession is intended for lawful purposes, with such sworn statement to be retained by the licensee as part of the records required to be kept under this chapter.
Subsec. (b)(5).
Pub. L. 90–618 extended the prohibition to include the sale or delivery of ammunition and, in the material following subsec. (b)(5), added licensed collectors to the enumerated list of licensees, and the provision that subsec. (b)(4) shall not apply to a sale or delivery to any research organization designated by the Secretary.
Subsecs. (c), (d).
Pub. L. 90–618 added subsec. (c), redesignated former subsec. (c) as (d), added licensed collectors to the enumerated list of licensees, extended the prohibition against disposal of firearms or ammunition to include the disposal by any person who is an unlawful user of or addicted to marihuana or any depressant, stimulant, or narcotic drug, or any person who has been adjudicated a mental defective or has been committed to any mental institution, and inserted “or ammunition” after “the sale or disposition of a firearm”. Former subsec. (d) redesignated (f).
Subsec. (e).
Pub. L. 90–618 added subsec. (e). Former subsec. (e) redesignated (g).
Subsec. (f).
Pub. L. 90–618 redesignated former subsec. (d) as (f) and extended the prohibition against transportation or delivery to include ammunition. Former subsec. (f) redesignated (h).
Subsec. (g).
Pub. L. 90–618 redesignated former subsec. (e) as (g) and extended the prohibition against the shipment or transportation of firearms or ammunition to include the shipment or transportation by any persons who is an unlawful user of or addicted to marihuana or any depressant, stimulant, or narcotic drug, or any person who has been adjudicated a mental defective or has been committed to a mental institution. Former subsec. (g) redesignated (i).
Subsec. (h).
Pub. L. 90–618 redesignated former subsec. (f) as (h) and extended the prohibition against the receipt of any firearms or ammunition to include the receipt by any person who is an unlawful user of or addicted to marihuana or any depressant, stimulant, or narcotic drug, or any person who has been adjudicated a mental defective or has been committed to any mental institution. Former subsec. (h) redesignated (j).
Subsec. (i).
Pub. L. 90–618 redesignated former subsec. (g) as (i) and substituted “that the firearm or ammunition was” for “the same to have been”. Former subsec. (i) redesignated (k).
Subsec. (j).
Pub. L. 90–618 redesignated former subsec. (h) as (j) and substituted “which is moving as, which is a part of,” for “moving as or which is a part of” and “that the firearm or ammunition was” for “the same to have been”. Former subsec. (j) redesignated (l).
Subsec. (k).
Pub. L. 90–618 redesignated former subsec. (i) as (k). Former subsec. (k) redesignated (m).
Subsec. (l).
Pub. L. 90–618 redesignated former subsec. (j) as (l).
Subsec. (m).
Pub. L. 90–618 redesignated former subsec. (k) as (m) and added licensed collectors to the enumerated list of licensees.
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Pub. L. 108–458, set out as a note under section
401 of Title
50, War and National Defense.
Post Office Department, referred to in subsec. (c)(2), redesignated United States Postal Service pursuant to
Pub. L. 91–375, § 6(o), Aug. 12, 1970,
84 Stat. 733, set out as a note preceding section
101 of Title
39, Postal Service.
Effective Date of 2005 Amendment
Pub. L. 109–92, § 5(d), Oct. 26, 2005,
119 Stat. 2101, provided that: “This section [amending this section and section
924 of this title and enacting provisions set out as notes under this section and section
921 of this title] and the amendments made by this section shall take effect 180 days after the date of enactment of this Act [Oct. 26, 2005].”
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of
Pub. L. 107–296, set out as an Effective Date note under section
101 of Title
6, Domestic Security.
Effective Date of 1996 Amendment
Section 603(c)(2) of
Pub. L. 104–294 provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if the amendment had been included in section 320927 of the Act referred to in paragraph (1) [
Pub. L. 103–322] on the date of the enactment of such Act [Sept. 13, 1994].”
Section 603(f)(2) of
Pub. L. 104–294 provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if the amendment had been included in section 110201 of the Act referred to in paragraph (1) [
Pub. L. 103–322] on the date of the enactment of such Act [Sept. 13, 1994].”
Section 603(i)(2) of
Pub. L. 104–294 provided that: “The amendment made by paragraph (1) [amending section 210603(b) of
Pub. L. 103–322, which amended sections 103(k) and 106(b)(2) of
Pub. L. 103–159, set out as notes below] shall take effect as if the amendment had been included in section 210603(b) of the Act referred to in paragraph (1) [
Pub. L. 103–322] on the date of the enactment of such Act [Sept. 13, 1994].”
Effective and Termination Dates of 1994 Amendment
Amendment by sections 110102(a), 110103(a), and 110106 of
Pub. L. 103–322 repealed 10 years after Sept. 13, 1994, see section 110105(2) of
Pub. L. 103–322, formerly set out as a note under section
921 of this title.
Section 330011(i) of
Pub. L. 103–322 provided that the amendment made by that section is effective as of the date on which section 3524 of
Pub. L. 101–647 took effect.
Effective Date of 1990 Amendment
Amendment by section 1702(b)(1) of
Pub. L. 101–647 applicable to conduct engaged in after the end of the 60-day period beginning on Nov. 29, 1990, see section 1702(b)(4) of
Pub. L. 101–647, set out as a note under section
921 of this title.
Effective Date of 1988 Amendment; Sunset Provision
Pub. L. 100–649, § 2(f), Nov. 10, 1988,
102 Stat. 3818, as amended by
Pub. L. 101–647, title XXXV, § 3526(b), Nov. 29, 1990,
104 Stat. 4924;
Pub. L. 105–277, div. A, § 101(h) [title VI, § 649], Oct. 21, 1998,
112 Stat. 2681–480, 2681–528;
Pub. L. 108–174, § 1, Dec. 9, 2003,
117 Stat. 2481, provided that:
“(1) Effective date.—This Act and the amendments made by this Act [amending this section and sections
924 and
925 of this title and enacting provisions set out as notes under this section, section
921 of this title, and section 1356 of former Title 49, Transportation] shall take effect on the 30th day beginning after the date of the enactment of this Act [Nov. 10, 1988].
“(2) Sunset.—Effective 25 years after the effective date of this Act—
“(A) subsection (p) of section
922 of title 18, United States Code, is hereby repealed;
“(B) subsection (f) of section
924 of such title is hereby repealed and subsections (g) through (o) of such section are hereby redesignated as subsections (f) through (n), respectively;
“(C) subsection (f) of section
925 of such title is hereby repealed;
“(D) section 924(a)(1) of such title is amended by striking ‘this subsection, subsection (b), (c), or (f) of this section, or in section
929’ and inserting ‘this chapter’; and
“(E) section 925(a) of such title is amended—
“(i) in paragraph (1), by striking ‘and provisions relating to firearms subject to the prohibitions of section
922
(p)’; and
“(ii) in paragraph (2), by striking ‘, except for provisions relating to firearms subject to the prohibitions of section
922
(p),’; and
“(iii) in each of paragraphs (3) and (4), by striking ‘except for provisions relating to firearms subject to the prohibitions of section
922
(p),’.”
Effective Date of 1986 Amendment
Amendment by section
102
(1)–(8) of
Pub. L. 99–308 effective 180 days after May 19, 1986, and amendment by section 102(9) of
Pub. L. 99–308 effective May 19, 1986, see section 110(a), (c) of
Pub. L. 99–308, set out as a note under section
921 of this title.
Effective Date of 1968 Amendment
Amendment by
Pub. L. 90–618 effective Dec. 16, 1968, except subsec. (l) effective Oct. 22, 1968, see section 105 of
Pub. L. 90–618, set out as a note under section
921 of this title.
Purposes
Pub. L. 109–92, § 5(b), Oct. 26, 2005,
119 Stat. 2099, provided that: “The purposes of this section [amending this section and section
924 of this title and enacting provisions set out as notes under this section and section
921 of this title] are—
“(1) to promote the safe storage and use of handguns by consumers;
“(2) to prevent unauthorized persons from gaining access to or use of a handgun, including children who may not be in possession of a handgun; and
“(3) to avoid hindering industry from supplying firearms to law abiding citizens for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting.”
[For definition of “person” as used in section 5(b) of
Pub. L. 109–92, set out above, see section
7903 of Title
15, Commerce and Trade.]
Liability; Evidence
Pub. L. 109–92, § 5(c)(3), Oct. 26, 2005,
119 Stat. 2101, provided that:
“(A) Liability.—Nothing in this section [amending this section and section
924 of this title and enacting provisions set out as notes under this section and section
921 of this title] shall be construed to—
“(i) create a cause of action against any Federal firearms licensee or any other person for any civil liability; or
“(ii) establish any standard of care.
“(B) Evidence.—Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action relating to section
922
(z) of title
18, United States Code, as added by this subsection.
“(C) Rule of construction.—Nothing in this paragraph shall be construed to bar a governmental action to impose a penalty under section
924
(p) of title
18, United States Code, for a failure to comply with section 922(z) of that title.”
[For definition of “person” as used in section 5(c)(3) of
Pub. L. 109–92, set out above, see section
7903 of Title
15, Commerce and Trade.]
Criminal Background Checks for Persons Offering Firearm as Collateral
Pub. L. 106–58, title VI, § 634, Sept. 29, 1999,
113 Stat. 473, provided that: “None of the funds made available in this or any other Act with respect to any fiscal year may be used for any system to implement section
922
(t) of title
18, United States Code, unless the system allows, in connection with a person’s delivery of a firearm to a Federal firearms licensee as collateral for a loan, the background check to be performed at the time the collateral is offered for delivery to such licensee: Provided, That the licensee notifies local law enforcement within 48 hours of the licensee receiving a denial on the person offering the collateral: Provided further, That the provisions of section
922
(t) shall apply at the time of the redemption of the firearm.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 105–277, div. A, § 101(h) [title VI, § 655], Oct. 21, 1998,
112 Stat. 2681–480, 2681–530.
Availability of Violent Crime Reduction Trust Fund To Fund Activities Authorized by Brady Handgun Violence Prevention Act and National Child Protection Act of 1993
Pub. L. 103–322, title XXI, § 210603(a), Sept. 13, 1994,
108 Stat. 2074, which provided that certain amounts authorized in sections 103(k) and 106(b)(2) of
Pub. L. 103–159, set out below, and section
5119b
(b) of Title
42, The Public Health and Welfare, may be appropriated from the Violent Crime Reduction Trust Fund, was repealed by
Pub. L. 109–162, title XI, § 1154(b)(4), Jan. 5, 2006,
119 Stat. 3113.
National Instant Criminal Background Check System
Section 103 of
Pub. L. 103–159, as amended by
Pub. L. 103–322, title XXI, § 210603(b), Sept. 13, 1994,
103 Stat. 2074;
Pub. L. 104–294, title VI, § 603(h), (i)(1), Oct. 11, 1996,
110 Stat. 3504, provided that:
“(a) Determination of Timetables.—Not later than 6 months after the date of enactment of this Act [Nov. 30, 1993], the Attorney General shall—
“(1) determine the type of computer hardware and software that will be used to operate the national instant criminal background check system and the means by which State criminal records systems and the telephone or electronic device of licensees will communicate with the national system;
“(2) investigate the criminal records system of each State and determine for each State a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the national system; and
“(3) notify each State of the determinations made pursuant to paragraphs (1) and (2).
“(b) Establishment of System.—Not later than 60 months after the date of the enactment of this Act [Nov. 30, 1993], the Attorney General shall establish a national instant criminal background check system that any licensee may contact, by telephone or by other electronic means in addition to the telephone, for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate section
922 of title
18, United States Code, or State law.
“(c) Expedited Action by the Attorney General.—The Attorney General shall expedite—
“(1) the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation;
“(2) the development of hardware and software systems to link State criminal history check systems into the national instant criminal background check system established by the Attorney General pursuant to this section; and
“(3) the current revitalization initiatives by the Federal Bureau of Investigation for technologically advanced fingerprint and criminal records identification.
“(d) Notification of Licensees.—On establishment of the system under this section, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system.
“(e) Administrative Provisions.—
“(1) Authority to obtain official information.—Notwithstanding any other law, the Attorney General may secure directly from any department or agency of the United States such information on persons for whom receipt of a firearm would violate subsection (g) or (n) of section
922 of title 18, United States Code, or State law, as is necessary to enable the system to operate in accordance with this section. On request of the Attorney General, the head of such department or agency shall furnish such information to the system.
“(2) Other authority.—The Attorney General shall develop such computer software, design and obtain such telecommunications and computer hardware, and employ such personnel, as are necessary to establish and operate the system in accordance with this section.
“(f) Written Reasons Provided on Request.—If the national instant criminal background check system determines that an individual is ineligible to receive a firearm and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, within 5 business days after the date of the request.
“(g) Correction of Erroneous System Information.—If the system established under this section informs an individual contacting the system that receipt of a firearm by a prospective transferee would violate subsection (g) or (n) of section
922 of title 18, United States Code, or State law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons therefor. Upon receipt of such a request, the Attorney General shall immediately comply with the request. The prospective transferee may submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. After receipt of such information, the Attorney General shall immediately consider the information, investigate the matter further, and correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal department or agency or any State that was the source of such erroneous records.
“(h) Regulations.—After 90 days’ notice to the public and an opportunity for hearing by interested parties, the Attorney General shall prescribe regulations to ensure the privacy and security of the information of the system established under this section.
“(i) Prohibition Relating To Establishment of Registration Systems With Respect to Firearms.—No department, agency, officer, or employee of the United States may—
“(1) require that any record or portion thereof generated by the system established under this section be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or
“(2) use the system established under this section to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons, prohibited by section
922
(g) or (n) of title
18, United States Code, or State law, from receiving a firearm.
“(j) Definitions.—As used in this section:
“(1) Licensee.—The term ‘licensee’ means a licensed importer (as defined in section
921
(a)(9) of title
18, United States Code), a licensed manufacturer (as defined in section 921(a)(10) of that title), or a licensed dealer (as defined in section 921(a)(11) of that title).
“(2) Other terms.—The terms ‘firearm’, ‘handgun’, ‘licensed importer’, ‘licensed manufacturer’, and ‘licensed dealer’ have the meanings stated in section
921
(a) of title
18, United States Code, as amended by subsection (a)(2).
“(k) Authorization of Appropriations.—There are authorized to be appropriated such sums as are necessary to enable the Attorney General to carry out this section.”
Funding for Improvement of Criminal Records
Section 106(b) of
Pub. L. 103–159, as amended by
Pub. L. 103–322, title XXI, § 210603(b), Sept. 13, 1994,
103 Stat. 2074;
Pub. L. 104–294, title VI, § 603(i)(1), Oct. 11, 1996,
110 Stat. 3504, provided that:
“(1) Grants for the improvement of criminal records.—The Attorney General, through the Bureau of Justice Statistics, shall, subject to appropriations and with preference to States that as of the date of enactment of this Act [Nov. 30, 1993] have the lowest percent currency of case dispositions in computerized criminal history files, make a grant to each State to be used—
“(A) for the creation of a computerized criminal history record system or improvement of an existing system;
“(B) to improve accessibility to the national instant criminal background system; and
“(C) upon establishment of the national system, to assist the State in the transmittal of criminal records to the national system.
“(2) Authorization of appropriations.—There are authorized to be appropriated for grants under paragraph (1) a total of $200,000,000 for fiscal year 1994 and all fiscal years thereafter.”
Gun-Free Zone Signs
Section 1702(b)(5) of
Pub. L. 101–647 provided that: “Federal, State, and local authorities are encouraged to cause signs to be posted around school zones giving warning of prohibition of the possession of firearms in a school zone.”
Identification of Felons and Other Persons Ineligible To Purchase Handguns
Section 6213 of
Pub. L. 100–690 provided that:
“(a) Identification of Felons Ineligible To Purchase Handguns.—The Attorney General shall develop a system for immediate and accurate identification of felons who attempt to purchase 1 or more firearms but are ineligible to purchase firearms by reason of section
922
(g)(1) of title
18, United States Code. The system shall be accessible to dealers but only for the purpose of determining whether a potential purchaser is a convicted felon. The Attorney General shall establish a plan (including a cost analysis of the proposed system) for implementation of the system. In developing the system, the Attorney General shall consult with the Secretary of the Treasury, other Federal, State, and local law enforcement officials with expertise in the area, and other experts. The Attorney General shall begin implementation of the system 30 days after the report to the Congress as provided in subsection (b).
“(b) Report to Congress.—Not later than 1 year after the date of the enactment of this Act [Nov. 18, 1988], the Attorney General shall report to the Congress a description of the system referred to in subsection (a) and a plan (including a cost analysis of the proposed system) for implementation of the system. Such report may include, if appropriate, recommendations for modifications of the system and legislation necessary in order to fully implement such system.
“(c) Additional Study of Other Persons Ineligible To Purchase Firearms.—The Attorney General in consultation with the Secretary of the Treasury shall conduct a study to determine if an effective method for immediate and accurate identification of other persons who attempt to purchase 1 or more firearms but are ineligible to purchase firearms by reason of section
922
(g) of title
18, United States Code. In conducting the study, the Attorney General shall consult with the Secretary of the Treasury, other Federal, State, and local law enforcement officials with expertise in the area, and other experts. Such study shall be completed within 18 months after the date of the enactment of this Act [Nov. 18, 1988] and shall be submitted to the Congress and made available to the public. Such study may include, if appropriate, recommendations for legislation.
“(d) Definitions.—As used in this section, the terms ‘firearm’ and ‘dealer’ shall have the meanings given such terms in section
921
(a) of title
18, United States Code.”
Studies To Identify Equipment Capable of Distinguishing Security Exemplar From Other Metal Objects Likely To Be Carried on One’s Person
Section 2(e) of
Pub. L. 100–649 provided that: “The Attorney General, the Secretary of the Treasury, and the Secretary of Transportation shall each conduct studies to identify available state-of-the-art equipment capable of detecting the Security Exemplar (as defined in section
922
(p)(2)(C) of title
18, United States Code) and distinguishing the Security Exemplar from innocuous metal objects likely to be carried on one’s person. Such studies shall be completed within 6 months after the date of the enactment of this Act [Nov. 10, 1988] and shall include a schedule providing for the installation of such equipment at the earliest practicable time at security checkpoints maintained or regulated by the agency conducting the study. Such equipment shall be installed in accordance with each schedule. In addition, such studies may include recommendations, where appropriate, concerning the use of secondary security equipment and procedures to enhance detection capability at security checkpoints.”