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Table
of Contents
CAUTION:
Federal firearms
laws are subject
to frequent
change.The
following summary
is not to be
considered as
legal advice or a
restatement of
law.To determine
the applicability
of the these laws
to specific
situations which
you may encounter,
you are strongly
urged to consult a
local attorney
knowledgeable in
firearms
laws.
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In
addition to
federal laws, the
purchase, sale and
(in certain
circumstances) the
possession and
transportation of
firearms are
regulated by state
laws. Also, cities
and localities may
have their own
firearms
ordinances in
addition to state
and federal laws.
Details may be
obtained by
contacting the
local law
enforcement
authority, a local
attorney, by
consulting the
Firearms State
Laws and Published
Ordinances, BATFE
Publication ATF P
5300.5 available
from the ATF
Distribution
Center, P.O. Box
5950, Springfield,
VA 22150-5950,
(703) 455-7801, or
on the internet at
www.atf.doj.gov/pub/pub.htm,
or by reviewing
the NRA/ILA state
firearm laws
synopsis available
for each state, on
the internet at
www.nraila.org.
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GUN
CONTROL ACT OF 1968
SUMMARY
The basic
objectives of Title I of the Gun
Control Act of 1968 were to ban
mail-order sales of firearms and
ammunition, confine the purchase
of firearms to the buyer's state
of residence, and prohibit
certain classes of persons from
purchasing, receiving or
transporting firearms or
ammunition in interstate
commerce. Specifically, Title I
prohibits dealers from selling
any firearm or ammunition to any
person who is:
a.
convicted of or under
indictment for a felony
b.a
fugitive
c.adjudicated
as a mental defective or who
has been committed to any
mental institution.
d.addicted
to or an unlawful user of
marihuana or a stimulant,
depressant, or narcotic
drug.
e.less
than eighteen years of age for
the purchase of a shotgun or
rifle
f.less
than twenty-one years of age
for the purchase of a firearm
that is other than a shotgun
or rifle
g.a
non resident of the State in
whichthe licensee's place of
business is located
h.an
alien illegally or
unlawfully in the United
States
i.dishonorably
discharged from the armed
forces
j.subject
to a court order that
restrains such person from
harassing, stalking, or
threatening an intimate
partner
k.convicted
in any court of a misdemeanor
crime of domestic
violence
Such persons
correspondingly are prohibited
from purchasing or otherwise
acquiring any firearm or
ammunition which has been shipped
in interstate commerce, and also
are prohibited from shipping or
transporting any firearm or
ammunition in interstate
commerce.
With certain
exceptions-primarily, the
purchase of rifles and
shotguns-all over-the-counter
purchases of firearms by persons
other than dealers must be made
within the buyer's state
ofresidence. A private individual
is prohibited from selling a
firearm to any buyer whom he has
reason to believe resides in
another state.
Title I also
requires all persons engaged in
the business of dealing in
firearms to be federally
licensed. Dealers must require
from all firearms purchasers
proof of identity and residence,
and buyers must sign under
penalty of statement certifying
eligibility to
purchase.
It shall be
unlawful for any licensed
importer, licensed manufacturer,
or licensed dealer to sell,
deliver, or transfer a firearm
unless the federal firearms
licensee contacts the national
instant criminal background check
system via a chief law
enforcement officer and receives
notice from the chief law
enforcement officer that the
officer has no information
indicating that receipt or
possession of the firearm by the
transferee would violate Federal,
State, or local law.
Dealers are
required to keep records of all
firearms and are forbidden from
selling handguns to persons under
21, or rifles and shotguns to
persons under 18. Additionally,
dealers are prohibited from
making any sale of firearms or
ammunition which would place the
buyer in violation of state or
local law.
Finally, Title
I forbids the importation of some
military surplus firearms, and
permits importation only of
firearms shown to be
"particularly suitable for, or
readily adaptable for sporting
purposes."
Title II of
the Gun Control Act of 1968 is a
revision of the National Firearms
Act of 1934, and pertains to
machine guns, short or
"sawed-off" shotguns and rifles,
and so-called "destructive
devices" (including grenades,
mortars, rocket launchers, large
projectiles, and other heavy
ordance).Acquisition of these
weapons is subject to prior
approval of the Attorney General,
and federal registration is
required for possession.
Generally, a $200 tax is imposed
upon each transfer or making of
any Title II weapon.
A violation of
most provisions of Title I, or
the making of any false statement
with respect to information
required to be recorded for the
acquisition or sale of firearms
or ammunition, is punishable by
imprisonment for up to five years
and a $5,000 fine.
Any person
convicted of transporting or
receiving firearms or ammunition
in interstate commerce with
intent to commit a felony
therewith may be punished by
imprisonment for up to ten years,
and fined up to
$10,000.
In addition,
any firearms "involved in or used
or intended to be used in" any
violation of Title I, or of any
regulation promulgated
thereunder, or of any violation
of any federal criminal law, is
subject to seizure and foriture.
Any violation of, or
failure to comply
with, any provision of
Title II is punishable by
imprisonment for up to ten years
and a $10,000 fine. (Emphasis
added.)
Administration
and enforcement of the Gun
Control Act are the
responsibility of the Bureau of
Alcohol, Tobacco, Firearms and
Explosives, of the U.S.
Department of Justice.
Back
To Table of
Contents
Gun
Control Act Of 1968
(P. L. 90-618
As Amended,
Principally By
P.L. 99-3081)
Title
I : State Firearms Control
Assistance
Chapter 44.
Firearms
(Title18, U.S.
Code, Sections
921-929)
PURPOSE
SEC. 101.The
Congress hereby declares that the
purpose of this title is to
provide support to Federal,
State, and local law enforcement
officials in their fight against
crime and violence, and it is not
the purpose of this title to
place any undue or unnecessary
Federal restrictions or burdens
on law-abiding citizens with
respect to the acquisition,
possession, or use of firearms
appropriate to the purpose of
hunting, trapshooting, target
shooting, personal protection, or
any other lawful activity, and
that this title is not intended
to discourage or eliminate the
private ownership or use of
firearms by law-abiding citizens
for lawful purposes, or provide
for the imposition by Federal
regulations of any procedures or
requirements other than those
reasonably necessary to implement
and effectuate the provisions of
this title.
Back
To Table of
Contents
Sec.
921. Definitions
(a) As used in
this chapter [18 USCS
Sec.Sec.921 et
seq.]:
(1) The term
"person" and the term "whoever"
include any individual,
corporation, company,
association, firm, partnership,
society, or joint stock
company.
(2) The term
"interstate or foreign commerce"
includes commerce between any
place in a State and any place
outside of that State, or within
any possession of the United
States (not including the Canal
Zone) or the District of
Columbia, but such term does not
include commerce between places
within the same State but through
any place outside of that State.
The term "State" includes the
District of Columbia, the
Commonwealth of Puerto Rico, and
the possessions of the United
States (not including the Canal
Zone).
(3) The term
"firearm" means
(A) any weapon
(including a starter gun) which
will or is designed to or may
readily be converted to expel a
projectile by the action of an
explosive;
(B) the frame
or receiver of any such
weapon;
(C) any
firearm muffler or firearm
silencer; or
(D) any
destructive device. Such term
does not include an antique
firearm.(4) The term "destructive
device" means:
(A) any
explosive, incendiary, or poison
gas:
(i)
bomb,
(ii)
grenade,
(iii) rocket
having a propellant charge of
more than four ounces,
(iv) missile
having an explosive or incendiary
charge of more than one-quarter
ounce,
(v) mine,
or
(vi) device
similar to any of the devices
described in the preceding
clauses;
(B) any type
of weapon (other than a shotgun
or a shotgun shell which the
Secretary finds is generally
recognized as particularly
suitable for sporting purposes)
by whatever name known which
will, or which may be readily
converted to, expel a projectile
by the action of an explosive or
other propellant, and which has
any barrel with a bore of more
than one-half inch in diameter;
and
(C) any
combination of parts either
designed or intended for use in
converting any device into any
destructive device described in
subparagraph (A) or (B) and from
which a destructive device may be
readily assembled.
The term
"destructive device" shall not
include any device which is
neither designed nor redesigned
for use as a weapon; any device,
although originally designed for
use as a weapon, which is
redesigned for use as a
signaling, pyrotechnic, line
throwing, safety, or similar
device; surplus ordinance sold,
loaned, or given by the Secretary
of the Army pursuant to the
provisions of section 4684(2),
4685, or 4686 of title 10; or any
other device which the Attorney
General finds is not likely to be
used as a weapon, is an antique,
or is a rifle which the owner
intends to use solely for
sporting, recreational or
cultural purposes.
(5) The term
"shotgun" means a weapon designed
or redesigned, made or remade,
and intended to be fired from the
shoulder and designed or
redesigned and made or remade to
use the energy of an explosive to
fire through a smooth bore either
a number of ball shot or a single
projectile for each single pull
of the trigger.
(6) The term
"short-barreled shotgun" means a
shotgun having one or more
barrels less than eighteen inches
in length and any weapon made
from a shotgun (whether by
alteration, modification, or
otherwise) if such weapon as
modified has an overall length of
less than twenty-six
inches.
(7) The term
"rifle" means a weapon designed
or redesigned, made or remade,
and intended to be fired from the
shoulder and designed or
redesigned and made or remade to
use the energy of an explosive to
fire only a single projectile
through a rifled bore for each
single pull of the
trigger.
(8) The term
"short-barreled rifle" means a
rifle having one or more barrels
less than sixteen inches in
length and any weapon made from a
rifle (whether by alteration,
modification, or otherwise) if
such weapon, as modified, has an
overall length of less than
twenty-six inches.
(9) The term
"importer" means any person
engaged in the business of
importing or bringing firearms or
ammunition into the United States
for purposes of sale or
distribution; and the term
"licensed importer" means any
such person licensed under the
provisions of this chapter
[18 USCS Sec.Sec.921 et
seq.].
(10) The term
"manufacturer" means any person
engaged in the business of
manufacturing firearms or
ammunition for purposes of sale
or distribution; and the term
"licensed manufacturer" means any
such person licensed under the
provisions of this chapter
[18 USCS Sec.Sec.921 et
seq.].
(11) The term
"dealer" means (A) any person
engaged in the business of
selling firearms at wholesale or
retail, (B) any person engaged in
the business of repairing
firearms or of making or fitting
special barrels, stocks, or
trigger mechanisms to firearms,
or (C) any person who is a
pawnbroker. The term "licensed
dealer" means any dealer who is
licensed under the provisions of
this chapter [18 USCS
Sec.Sec.921 et
seq].
(12) The term
"pawnbroker" means any person
whose business or occupation
includes the taking or receiving,
by way of pledge or pawn, of any
firearm as security for the
payment or repayment of
money.
(13) The term
"collector" means any person who
acquires, holds, or disposes of
firearms as curios or relics, as
the Secretary shall by regulation
define, and the term "licensed
collector" means any such person
licensed under the provisions of
this chapter [18 USCS
Sec.Sec.921 et
seq.].
(14) The term
"indictment" includes an
indictment or information in any
court under which a crime
punishable by imprisonment for a
term exceeding one year may be
prosecuted.
(15) The term
"fugitive from justice" means any
person who has fled from any
State to avoid prosecution for a
crime or to avoid giving
testimony in any criminal
proceeding.
(16) The term
"antique firearm"
means:
(A) any
firearm (including any firearm
with a matchlock, flintlock,
percussion cap, or similar type
of ignition system) manufactured
in or before 1898; or
(B) any
replica of any firearm described
in subparagraph (A) if such
replica:
(i) is not
designed or redesigned for using
rimfire or conventional
centerfire fixed ammunition,
or
(ii) uses
rimfire or conventional
centerfire fixed ammunition which
is no longer manufactured in the
United States and which is not
readily available in the ordinary
channels of commercial trade; or
(C) any muzzle loading rifle,
muzzle loading shotgun, or muzzle
loading pistol, which is designed
to use black powder, or a black
powder substitute, and which
cannot use fixed ammunition.For
purposes of this subparagraph,
the term "antique firearm" shall
not include any weapon which
incorporates a firearm frame or
receiver, any firearm which is
converted into a muzzle loading
weapon, or any muzzle loading
weapon which can be readily
converted to fire fixed
ammunition by replacing the
barrel, bolt, breechblock, or any
combination thereof.
(17)(A) The
term "ammunition" means
ammunition or cartridge cases,
primers, bullets, or propellant
powder designed for use in any
firearm.
(B) The term
"armor piercing ammunition"
means:
(i) a
projectile or projectile core
which may be used in a handgun
and which is constructed entirely
(excluding the presence of traces
of other substances) from one or
a combination of tungsten alloys,
steel, iron, brass, bronze,
beryllium copper, or depleted
uranium; or
(ii) a full
jacketed projectile larger than
.22 caliber designed and intended
for use in a handgun and whose
jacket has a weight of more than
25 percent of the total weight of
the projectile.
(C)The term
"armor piercing ammunition" does
not include shotgun shot required
by Federal or State environmental
or game regulations for hunting
purposes, a frangible projectile
designed for target shooting, a
projectile which the Secretary
finds is primarily intended to be
used for sporting purposes, or
any other projectile or
projectile core which the
Secretary finds is intended to be
used for industrial purposes,
including a charge used in an oil
and gas well perforating
device.
(18) The term
"Attorney General" means the
Attorney General or his
delegate.
(19) The term
"published ordinance" means a
published law of any political
subdivision of a State which the
Secretary determines to be
relevant to the enforcement of
this chapter [18 USCS
Sec.Sec.921 et seq.] and
which is contained on a list
compiled by the Secretary, which
list shall be published in the
Federal Register, revised
annually, and furnished to each
licensee under this chapter
[18 USCS Sec.Sec.921 et
seq.].
(20) The term
"crime punishable by imprisonment
for a term exceeding one year"
does not include:
(A) any
Federal or State offenses
pertaining to antitrust
violations, unfair trade
practices, restraints of trade,
or other similar offenses
relating to the regulation of
business practices, or
(B) any State
offense classified by the laws of
the State as a misdemeanor and
punishable by a term of
imprisonment of two years or
less.
What
constitutes a conviction of such
a crime shall be determined in
accordance with the law of the
jurisdiction in which the
proceedings were held. Any
conviction which has been
expunged, or set aside or for
which a person has been pardoned
or has had civil rights restored
shall not be considered a
conviction for purposes of this
chapter, unless such pardon,
expungement, or restoration of
civil rights expressly provides
that the person may not ship,
transport, possess, or receive
firearms.
(21) The term
"engaged in the business"
means:
(A) as applied
to a manufacturer of firearms, a
person who devotes time,
attention, and labor to
manufacturing firearms as a
regular course of trade or
business with the principal
objective of livelihood and
profit through the sale or
distribution of the firearms
manufactured;
(B) as applied
to a manufacturer of ammunition,
a person who devotes time,
attention, and labor to
manufacturing ammunition as a
regular course of trade or
business with the principal
objective of livelihood and
profit through the sale or
distribution of the ammunition
manufactured;
(C) as applied
to a dealer in firearms, as
defined in section 921(a)(11)(A),
a person who devotes time,
attention, and labor to dealing
in firearms as a regular course
of trade or business with the
principal objective of livelihood
and profit through the repetitive
purchase and resale of firearms,
but such term shall not include a
person who makes occasional
sales, exchanges, or purchases of
firearms for the enhancement of a
personal collection or for a
hobby, or who sells all or part
of his personal collection of
firearms;
(D) as applied
to a dealer in firearms, as
defined in section 921(a)(11)(B),
a person who devotes time,
attention, and labor to engaging
in such activity as a regular
course of trade or business with
the principal objective of
livelihood and profit, but such
term shall not include a person
who makes occasional repairs of
firearms, or who occasionally
fits special barrels, stocks, or
trigger mechanisms to
firearms;
(E) as applied
to an importer of firearms, a
person who devotes time,
attention, and labor to importing
firearms as a regular course of
trade or business with the
principal objective of livelihood
and profit through the sale or
distribution of the firearms
imported; and
(F) as applied
to an importer of ammunition, a
person who devotes time,
attention, and labor to importing
ammunition as a regular course of
trade or business with the
principal objective of livelihood
and profit through the sale or
distribution of the ammunition
imported.
(22) The term
"with the principal objective of
livelihood and profit" means that
the intent underlying the sale or
disposition of firearms is
predominantly one of obtaining
livelihood and pecuniary gain, as
opposed to other intents, such as
improving or liquidating a
personal firearms collection:
Provided, That proof of profit
shall not be required as to a
person who engages in the regular
and repetitive purchase and
disposition of firearms for
criminal purposes or terrorism.
For purposes of this paragraph,
the term "terrorism" means
activity, directed against United
States persons, which:
(A) is
committed by an individual who is
not a national or permanent
resident alien of the United
States;
(B) involves
violent acts or acts dangerous to
human life which would be a
criminal violation if committed
within the jurisdiction of the
United States; and
(C) is
intended:
(I) to
intimidate or coerce a civilian
population;
(ii) to
influence the policy of a
government by intimidation or
coercion; or
(iii) to
affect the conduct of a
government by assassination or
kidnapping.
(23) The term
"machinegun" has the meaning
given such term in section
5845(b) of the National Firearms
Act (26 U.S.C.
5845(b)).
(24) The terms
"firearm silencer" and "firearm
muffler" mean any device for
silencing, muffling, or
diminishing the report of a
portable firearm, including any
combination of parts, designed or
redesigned, and intended for use
in assembling or fabricating a
firearm silencer or firearm
muffler, and any part intended
only for use in such assembly or
fabrication.
(25) The term
"school zone"
means&endash;&endash;
(A) in, or on
the grounds of, a public,
parochial or private school;
or
(B) within a
distance of 1,000 feet from the
grounds of a public, parochial or
private school.
(26) The term
"school" means a school which
provides elementary or secondary
education, as determined under
State law.
(27) The term
"motor vehicle" has the meaning
given such term in section 13102
of title 49, United States
Code.
(28) The term
"semiautomatic rifle" means any
repeating rifle which utilizes a
portion of the energy of a firing
cartridge to extract the fired
cartridge case and chamber the
next round, and which requires a
separate pull of the trigger to
fire each cartridge.
(29) The term
"handgun"
means&endash;&endash;
(A) a firearm
which has a short stock and is
designed to be held and fired by
the use of a single hand;
and
(B) any
combination of parts from which a
firearm described in subparagraph
(A) can be assembled.
(30) The term
"semiautomatic assault weapon"
means&endash;&endash;
(A) any of the
firearms, or copies or duplicates
of the firearms in any caliber,
known
as&endash;&endash;
(i) Norinco,
Mitchell, and Poly Technologies
Avtomat Kalashnikovs (all
models);
(ii) Action
Arms Israeli Military Industries
UZI and Galil;
(iii) Beretta
Ar70 (SC-70);
(iv) Colt
AR-15;
(v) Fabrique
National FN/FAL, FN/LAR, and
FNC;
(vi) SWD M-10,
M-11, M-11/9, and
M-12;
(vii) Steyr
AUG;
(viii)
INTRATEC TEC-9, TEC-DC9 and
TEC-22; and
(ix) revolving
cylinder shotguns, such as (or
similar to) the Street Sweeper
and Striker 12;
(B) a
semiautomatic rifle that has an
ability to accept a detachable
magazine and has at least 2
of&endash;&endash;
(i) a folding
or telescoping stock;
(ii) a pistol
grip that protrudes conspicuously
beneath the action of the
weapon;
(iii) a
bayonet mount;
(iv) a flash
suppressor or threaded barrel
designed to accommodate a flash
suppressor; and
(v) a grenade
launcher;
(C) a
semiautomatic pistol that has an
ability to accept a detachable
magazine and has at least 2
of&endash;&endash;
(i) an
ammunition magazine that attaches
to the pistol outside of the
pistol grip;
(ii) a
threaded barrel capable of
accepting a barrel extender,
flash suppressor, forward
handgrip, or silencer;
(iii) a shroud
that is attached to, or partially
or completely encircles, the
barrel and that permits the
shooter to hold the firearm with
the nontrigger hand without being
burned;
(iv) a
manufactured weight of 50 ounces
or more when the pistol is
unloaded; and
(v) a
semiautomatic version of an
automatic firearm; and
(D) a
semiautomatic shotgun that has at
least 2
of&endash;&endash;
(i) a folding
or telescoping stock;
(ii) a pistol
grip that protrudes conspicuously
beneath the action of the
weapon;
(iii) a fixed
magazine capacity in excess of 5
rounds; and
(iv) an
ability to accept a detachable
magazine.
(31) The term
"large capacity ammunition
feeding
device"&endash;&endash;
(A) means a
magazine, belt, drum, feed strip,
or similar device manufactured
after the date of enactment of
the Violent Crime Control and Law
Enforcement Act of 1994
[enacted Sept. 13,
1994] that has a capacity
of, or that can be readily
restored or converted to accept,
more than 10 rounds of
ammunition; but
(B) does not
include an attached tubular
device designed to accept, and
capable of operating only with,
.22 caliber rimfire
ammunition.
(32) The term
"intimate partner" means, with
respect to a person, the spouse
of the person, a former spouse of
the person, an individual who is
a parent of a child of the
person, and an individual who
cohabitates or has cohabited with
the person.
(33)(A) Except
as provided in subparagraph (C),
the term "misdemeanor crime of
domestic violence" means an
offense
that&endash;&endash;
(i) is a
misdemeanor under Federal or
State law; and
(ii) has, as
an element, the use or attempted
use of physical force, or the
threatened use of a deadly
weapon, committed by a current or
former spouse, parent, or
guardian of the victim, by a
person with whom the victim
shares a child in common, by a
person who is cohabiting with or
has cohabited with the victim as
a spouse, parent, or guardian, or
by a person similarly situated to
a spouse, parent, or guardian of
the victim.
(B) (i) A
person shall not be considered to
have been convicted of such an
offense for purposes of this
chapter [18 USCS
Sec.Sec.921 et seq.],
unless&endash;&endash;
(I) the person
was represented by counsel in the
case, or knowingly and
intelligently waived the right to
counsel in the case;
and
(II) in the
case of a prosecution for an
offense described in this
paragraph for which a person was
entitled to a jury trial in the
jurisdiction in which the case
was tried, either
(aa) the case
was tried by a jury,
or
(bb) the
person knowingly and
intelligently waived the right to
have the case tried by a jury, by
guilty plea or
otherwise.
(ii) A person
shall not be considered to have
been convicted of such an offense
for purposes of this chapter
[18 USCS Sec.Sec.921 et
seq.] if the conviction
has been expunged or set aside,
or is an offense for which the
person has been pardoned or has
had civil rights restored (if the
law of the applicable
jurisdiction provides for the
loss of civil rights under such
an offense) unless the pardon,
expungement, or restoration of
civil rights expressly provides
that the person may not ship,
transport, possess, or receive
firearms.
(b) For the
purposes of this chapter
[18 USCS Sec.Sec.921 et
seq], a member of the
Armed Forces on active duty is a
resident of the State in which
his permanent duty station is
located.
(34) The term
"secure gun storage or safety
device" means:
(A) a device
that, when installed on a
firearm, is designed to prevent
the firearm from being operated
without first deactivating the
device;
(B) a device
incorporated into the design of
the firearm that is designed to
prevent the operation of the
firearm by anyone not having
access to the
device;or
(C) a safe,
gun safe, gun case, lock box, or
other device that is designed to
be or can be used to store a
firearm and that is designed to
be unlocked only by means of a
key, a combination, or other
similar means.
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Sec.
922. Unlawful acts
(a) It shall
be unlawful:
(1) or any
person:
(A) except a
licensed importer, licensed
manufacturer, or licensed dealer,
to engage in the business of
importing, manufacturing, or
dealing in firearms, or in the
course of such business to ship,
transport, or receive any firearm
in interstate or foreign
commerce;or
(B) except a
licensed importer or licensed
manufacturer, to engage in the
business of importing or
manufacturing ammunition, or in
the course of such business, to
ship, transport, or receive any
ammunition in interstate or
foreign commerce;
(2) for any
importer, manufacturer, dealer,
or collector licensed under the
provisions of this chapter to
ship or transport in interstate
or foreign commerce any firearm
to any person other than a
licensed importer, licensed
manufacturer, licensed dealer, or
licensed collector, except
that:
(A) this
paragraph and subsection (b)(3)
shall not be held to preclude a
licensed importer, licensed
manufacturer, licensed dealer, or
licensed collector from returning
a firearm or replacement firearm
of the same kind and type to a
person from whom it was
received;and this paragraph shall
not be held to preclude an
individual from mailing a firearm
owned in compliance with Federal,
State, and local law to a
licensed importer, licensed
manufacturer, licensed dealer, or
licensed collector;
(B) this
paragraph shall not be held to
preclude a licensed importer,
licensed manufacturer, or
licensed dealer from depositing a
firearm for conveyance in the
mails to any officer, employee,
agent, or watchman who, pursuant
to the provisions of section 1715
of this title, is eligible to
receive through the mails
pistols, revolvers, and other
firearms capable of being
concealed on the person, for use
in connection with his official
duty; and
(C) nothing in
this paragraph shall be construed
as applying in any manner in the
District of Columbia, the
Commonwealth of Puerto Rico, or
anypossession of the United
States differently than it would
apply if the District of
Columbia, the Commonwealth of
Puerto Rico, or the possession
were in fact a State of the
United States;
(3) for any
person, other than a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector to transport into or
receive in the State where he
resides (or if the person is a
corporation or other business
entity, the State where it
maintains a place of business)
any firearm purchased or
otherwise obtained by such person
outside that State, except that
this paragraph (A) shall not
preclude any person who lawfully
acquires a firearm by bequest or
intestate succession in a State
other than his State of residence
from transporting the firearm
into or receiving it in that
State, if it is lawful for such
person to purchase or possess
such firearm in that State, (B)
shall not apply to the
transportation or receipt of a
firearm obtained in conformity
with subsection (b)(3) of this
section, and (C) shall not apply
to the transportation of any
firearm acquired in any State
prior to the effective date of
this chapter;
(4) for any
person, other than a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector, to transport in
interstate or foreign commerce
any destructive device,
machinegun (as defined in section
5845 of the Internal Revenue Code
of 1954), short-barreled shotgun,
or short-barreledrifle, except as
specifically authorized by the
Secretary consistent with public
safety and necessity;
(5) for any
person (other than a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector) to transfer, sell,
trade, give, transport, or
deliver any firearm to any person
(other than a licensed importer,
licensed manufacturer, licensed
dealer, or licensed collector)
who the transferor knows or has
reasonable cause to believe does
not reside in (or if the person
is a corporation or other
business entity, does not
maintain a place of business in)
the State in which the transferor
resides;except that this
paragraph shall not apply to (A)
the transfer, transportation, or
delivery of a firearm made to
carry out a bequest of a firearm
to, or an acquisition by
intestate succession of a firearm
by, a person who is permitted to
acquire or possess a firearm
under the laws of the State of
his residence, and (B) the loan
or rental of a firearm to any
person for temporary use for
lawful sporting
purposes;
(6) for any
person in connection with the
acquisition or attempted
acquisition of any firearm or
ammunition from a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector, knowingly to make any
false or fictitious oral or
written statement or to furnish
or exhibit any false, fictitious,
or misrepresented identification,
intended or likely todeceive such
importer, manufacturer, dealer,
or collector with respect to any
fact material to the lawfulness
of the sale or other disposition
of such firearm or ammunition
under the provisions of this
chapter;
(7) for any
person to manufacture or import
armor piercing ammunition, except
that this paragraph shall not
apply to:
(A) the
manufacture or importation of
such ammunition for the use of
the United States or any
department or agency thereof or
any State or any department,
agency, or political subdivision
thereof;
(B) the
manufacture of such ammunition
for the purpose of
exportation;and
(C) any
manufacture or importation for
the purposes of testing or
experimentation authorized by the
Secretary;
(8) for any
manufacturer or importer to sell
or deliver armor piercing
ammunition, except that this
paragraph shall not apply
to:
(A) the sale
or delivery by a manufacturer or
importer of such ammunition for
use of the United States or any
department or agency thereof or
any State or any department,
agency, or political subdivision
thereof;
(B) the sale
or delivery by a manufacturer or
importer of such ammunition for
the purpose of
exportation;
(C) the sale
or delivery by a manufacturer or
importer of such ammunition for
the purposes of testing or
experimenting authorized by the
Secretary;and
(9) for any
person, other than a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector, who does not reside in
any State to receive any firearms
unless such receipt is for lawful
sporting purposes.
(b) It shall
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