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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.
Back
To Table of
Contents
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
be unlawful for any licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector to sell or
deliver:
(1) any
firearm or ammunition to any
individual who the licensee knows
or has reasonable cause to
believe is less than eighteen
years of age, and, if the
firearm, or ammunition is other
than a shotgun or rifle, or
ammunition for a shotgun or
rifle, to any individual who the
licensee knows or has reasonable
cause to believe is less than
twenty-one years of
age;
(2) any
firearm to any person in any
State where the purchase or
possession by such person of such
firearm would be in violation of
any State law or any published
ordinance applicable at the place
of sale, delivery or other
disposition, unless the licensee
knows or has reasonable cause to
believe that the purchase or
possession would not be in
violation of such State law or
such published
ordinance;
(3) any
firearm to any person who the
licensee knows or has reasonable
cause to believe does not reside
in (or if the person is a
corporation or other business
entity, does not maintain a place
of business in) the State in
whichthe licensee's place of
business is located, except that
this paragraph (A) shall not
apply to the sale or delivery of
any rifle or shotgun to a
resident of a State other than a
State in which the licensee's
place of business is located if
the transferee meets in person
with the transferor to accomplish
the transfer, and the sale,
delivery, and receipt fully
comply with the legal conditions
of sale in both such States (and
any licensed manufacturer,
importer or dealer shall be
presumed, for purposes of this
subparagraph, in the absence of
evidence to the contrary, to have
had actual knowledge of the State
laws and published ordinances of
both States), and (B) shall not
apply to the loan or rental of a
firearm to any person for
temporary use for lawful sporting
purposes;
(4) to any
person any destructive device,
machinegun (as defined insection
5845 of the Internal Revenue Code
of 1954), short-barreled shotgun,
or short-barreled rifle, except
as specifically authorized by the
Secretary consistent with public
safety and
necessity;and
(5) any
firearm or armor-piercing
ammunition to any person unless
the licensee notes in his
records, required to be kept
pursuant to section 923 of this
chapter, the name, age, and place
of residence of such person if
the person is an individual, or
the identity and principal and
local places of business of such
person if the person is a
corporation or other
businessentity.
Paragraphs
(1), (2), (3), and (4) of this
subsection shall not apply to
transactions between licensed
importers, licensed
manufacturers, licensed dealers,
and licensed collectors.Paragraph
(4) of this subsection shall not
apply to a sale or delivery to
any research organization
designated by the
Secretary.
(c) In any
case not otherwise prohibited by
this chapter, a licensed
importer, licensed manufacturer,
or licensed dealer may sell a
firearm to a person who does not
appear in person at the
licensee's business premises
(other than another licensed
importer, manufacturer, or
dealer) only if:
(1) the
transferee submits to the
transferor a sworn statement in
the following form:
"Subject to
penalties provided by law, I
swear that, in the case of any
firearm other than a shotgun or a
rifle, I am twenty-one years or
more of age, or that, in the case
of a shotgun or a rifle, I am
eighteen years or more of
age;that I am not prohibited by
the provisions of chapter 44 of
title 18, United States Code,
from receiving a firearm in
interstate or foreign
commerce;and that my receipt of
this firearm will not be in
violation of any statute of the
State and published ordinance
applicable to the locality in
which I reside.Further, the true
title, name, and address of the
principal law enforcement officer
of the locality to which the
firearm will be delivered
are
...................................................................
Signature
................................
Date
............................"
and containing
blank spaces for the attachment
of a true copy of any permit or
other information required
pursuant to such statute or
published ordinance;
(2) the
transferor has, prior to the
shipment or delivery of the
firearm, forwarded by registered
or certified mail (return receipt
requested) a copy of the sworn
statement, together with a
description of the firearm, in a
form prescribed by the Secretary,
to the chief law enforcement
officer of the transferee's place
of residence, and has received a
return receipt evidencing
delivery of the statement or has
had the statement returned due to
the refusal of the named
addressee to accept such letter
in accordance with United States
Post Office Department
regulations;and
(3) the
transferor has delayed shipment
or delivery for a period of at
least seven days following
receipt of the notification of
the acceptance or refusal of
delivery of the
statement.
A copy of the
sworn statement and a copy of the
notification to the local law
enforcement officer, together
with evidence of receipt or
rejection of that notification
shall be retained by the licensee
as a part of the records required
to be kept under section
923(g).
(d) It shall
be unlawful for any person to
sell or otherwise dispose of any
firearm or ammunition to any
person knowing or having
reasonable cause to believe that
such person:
(1) is under
indictment for, or has been
convicted in any court of, a
crime punishable by imprisonment
for a term exceeding one
year;
(2) is a
fugitive from justice;
(3) is an
unlawful user of or addicted to
any controlled substance (as
defined in section 102 of the
Controlled Substances Act (21
U.S.C. 802));
(4) has been
adjudicated as a mental defective
or has been committed to any
mental institution;
(5) who, being
an alien: (A) is illegally
or unlawfully in the United
States;or
(B) except as
provided in subsection (y)(2),
has been admitted to the United
States under a nonimmigrant visa
(as that term is defined in
section 101(a)(26) of the
Immigration and Nationality Act
(8 U.S.C.
1101(a)(26));
(6) who has
been discharged from the Armed
Forces under dishonorable
conditions;
(7) who,
having been a citizen of the
United States, has renounced his
citizenship;
(8) is subject
to a court order that restrains
such person from harassing,
stalking, or threatening an
intimate partner of such person
or child of such intimate partner
or person, or engaging in other
conduct that would place an
intimate partner in reasonable
fear of bodily injury to the
partner or child, except that
this paragraph shall only apply
to a court order that:
(A) was issued
after a hearing of which such
person received actual notice,
and at which such person had the
opportunity to
participate;and
(B) (i)
includes a finding that such
person represents a credible
threat to the physical safety of
such intimate partner or
child;or
(ii) by its
terms explicitly prohibits the
use, attempted use, or threatened
use of physical force against
such intimate partner or child
that would reasonably be expected
to cause bodily
injury;or
(9) has been
convicted in any court of a
misdemeanor crime of domestic
violence.
This
subsection shall not apply with
respect to the sale or
disposition of a firearm or
ammunition to a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector who pursuant to
subsection (b) of section 925 of
this chapter is not precluded
from dealing in firearms or
ammunition, or to a person who
has been granted relief from
disabilities pursuant to
subsection (c) of section 925 of
this chapter.
(e) It shall
be unlawful for any person
knowingly to deliver or cause to
be delivered to any common or
contract carrier for
transportation or shipment in
interstate or foreign commerce,
to persons other than licensed
importers, licensed
manufacturers, licensed dealers,
or licensed collectors, any
package or other container in
which there is any firearm or
ammunition without written notice
to the carrier that such firearm
or ammunition is being
transported or shipped;except
that any passenger who owns or
legally possesses a firearm or
ammunition being transported
aboard any common or contract
carrier for movement with the
passenger in interstate or
foreign commerce may deliver said
firearm or ammunition into the
custody of the pilot, captain,
conductor or operator of such
common or contract carrier for
the duration of the trip without
violating any of the provisions
of this chapter.No common or
contract carrier shall require or
cause any label, tag, or other
written notice to be placed on
the outside of any package,
luggage, or other container that
such package, luggage, or other
container contains a
firearm.
(f) (1) It
shall be unlawful for any common
or contract carrier to transport
or deliver in interstate or
foreign commerce any firearm or
ammunition with knowledge or
reasonable cause to believe that
the shipment, transportation, or
receipt thereof would be in
violation of the provisions of
this chapter.
(2) It shall
be unlawful for any common or
contract carrier to deliver in
interstate or foreign commerce
any firearm without obtaining
written acknowledgement of
receipt from the recipient of the
package or other container in
which there is a
firearm.
(g) It shall
be unlawful for any
person:
(1) who has
been convicted in any court of, a
crime punishable by imprisonment
for a term exceeding one
year;
(2) who is a
fugitive from justice;
(3) who is an
unlawful user of or addicted to
any controlled substance (as
defined in section 102 of the
Controlled Substances Act (21
U.S.C. 802));
(4) who has
been adjudicated as a mental
defective or who has been
committed to a mental
institution;
(5) who, being
an alien:
(A) is
illegally or unlawfully in the
United States;or
(B) except as
provided in subsection (y)(2),
has been admitted to the United
States under a nonimmigrant visa
(as that term is defined in
section 101(a)(26) of the
Immigration and Nationality Act
(8 U.S.C.
1101(a)(26));
(6) who has
been discharged from the Armed
Forces under dishonorable
conditions;
(7) who,
having been a citizen of the
United States, has renounced his
citizenship;
(8) who is
subject to a court order
that:
(A) was issued
after a hearing of which such
person received actual notice,
and at which such person had an
opportunity to
participate;
(B) restrains
such person from harassing,
stalking, or threatening an
intimate partner of such person
or child of such intimate partner
or person, or engaging in other
conduct that would place an
intimate partner in reasonable
fear of bodily injury to the
partner or child;and
(C) (i)
includes a finding that such
person represents a credible
threat to the physical safety of
such intimate partner or
child;or
(ii) by its
terms explicitly prohibits the
use, attempted use, or threatened
use of physical force against
such intimate partner or child
that would reasonably be expected
to cause bodily
injury;or
(9) who has
been convicted in any court of a
misdemeanor crime of domestic
violence, to ship or transport in
interstate or foreign commerce,
or possess in or affecting
commerce, any firearm or
ammunition;or to receive any
firearm or ammunition which has
been shipped or transported in
interstate or foreign
commerce.
(h) It shall
be unlawful for any individual,
who to that individual's
knowledge and while being
employed for any person described
in any paragraph of subsection
(g) of this section, in the
course of such
employment:
(1) to
receive, possess, or transport
any firearm or ammunition in
oraffecting interstate or foreign
commerce;or
(2) to receive
any firearm or ammunition which
has been shipped or transported
in interstate or foreign
commerce.
(i)It shall be
unlawful for any person to
transport or ship in interstate
or foreign commerce, any stolen
firearm or stolen ammunition,
knowing or having reasonable
cause to believe that the firearm
or ammunition was
stolen.
(j) It shall
be unlawful for any person to
receive, possess, conceal, store,
barter, sell, or dispose of any
stolen firearm or stolen
ammunition, or pledge or accept
as security for a loan any stolen
firearm or stolen ammunition,
which is moving as, which is a
part of, which constitutes, or
which has been shipped or
transported in, interstate or
foreign commerce, either before
or after it was stolen, knowing
or having reasonable cause to
believe that the firearm or
ammunition was stolen.
(k) It shall
be unlawful for any person
knowingly to transport, ship, or
receive, in interstate or foreign
commerce, any firearm which has
had the importer's or
manufacturer's serial number
removed, obliterated, or altered
or to possess or receive any
firearm which has had the
importer's or manufacturer's
serial number removed,
obliterated, or altered and has,
at any time, been shipped or
transported in interstate or
foreign commerce.
(l) Except as
provided in section 925(d) of
this chapter, it shall be
unlawful for any person knowingly
to import or bring into the
United States or any possession
thereof any firearm or
ammunition;and it shall be
unlawful for any person knowingly
to receive any firearm or
ammunition which has been
imported or brought into the
United States or any possession
thereof in violation of the
provisions of this
chapter.
(m) It shall
be unlawful for any licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector knowingly to make any
false entry in, to fail to make
appropriate entry in, or to fail
to properly maintain, any record
which he is required to keep
pursuant to section 923 of this
chapter or regulations
promulgated
thereunder.
(n) It shall
be unlawful for any person who is
under indictment for a crime
punishable by imprisonment for a
term exceeding one year to ship
or transport in interstate or
foreign commerce any firearm or
ammunition or receive any firearm
or ammunition which has been
shipped or transported in
interstate or foreign
commerce.
(o) (1) Except
as provided in paragraph (2), it
shall be unlawful for any person
to transfer or possess a
machinegun.
(2) This
subsection does not apply with
respect to:
(A) a transfer
to or by, or possession by or
under the authority of, the
United States or any department
or agency thereof or a State, or
a department,agency, or political
subdivision thereof;or
(B) any lawful
transfer or lawful possession of
a machinegun that was lawfully
possessed before the date this
subsection takes
effect.
(p) (1) It
shall be unlawful for any person
to manufacture, import, sell,
ship, deliver, possess, transfer,
or receive any
firearm:
(A) that,
after removal of grips, stocks,
and magazines, is not as
detectable as the Security
Exemplar, by walk- through metal
detectors calibrated and operated
to detect the Security
Exemplar;or
(B) any major
component of which, when
subjected to inspection by the
types of x-ray machines commonly
used at airports, does not
generate an image that accurately
depicts the shape of the
component.Barium sulfate or other
compounds may be used in the
fabrication of the
component.
(2) For
purposes of this
subsection:
(A) the term
"firearm" does not include the
frame or receiver of any such
weapon;
(B) the term
"major component" means, with
respect to a firearm, the barrel,
the slide or cylinder, or the
frame or receiver of the
firearm;and
(C) the term
"Security Exemplar" means an
object, to be fabricated at the
direction of the Secretary, that
is:
(i)
constructed of, during the
12-month period beginning on the
date of theenactment of this
subsection, 3.7 ounces of
material type 17-4 PH stainless
steel in a shape resembling a
handgun;and
(ii) suitable
for testing and calibrating metal
detectors:
Provided,
however, That at the close of
such 12-month period, and at
appropriate times thereafter the
Secretary shall promulgate
regulations to permit the
manufacture, importation, sale,
shipment, delivery, possession,
transfer, or receipt of firearms
previously prohibited under this
subparagraph that are as
detectable as a "Security
Exemplar" which contains 3.7
ounces of material type 17-4 PH
stainless steel, in a shape
resembling a handgun, or such
lesser amount as is detectable in
view of advances in
state-of-the-art developments in
weapons detection
technology.
(3) Under such
rules and regulations as the
Secretary shall prescribe, this
subsection shall not apply to the
manufacture, possession,
transfer, receipt, shipment, or
delivery of a firearm by a
licensed manufacturer or any
person acting pursuant to a
contract with a licensed
manufacturer, for the purpose of
examining and testing such
firearm to determine whether
paragraph (1) applies to such
firearm.The Secretary shall
ensure that rules and regulations
adopted pursuant to this
paragraph do not impair the
manufacture of prototype firearms
or the development of new
technology.
(4) The
Secretary shall permit the
conditional importation of a
firearm by a licensed importer or
licensed manufacturer, for
examination and testing to
determine whether or not the
unconditional importation of such
firearm would violate this
subsection.
(5) This
subsection shall not apply to any
firearm which:
(A) has been
certified by the Secretary of
Defense or the Director of
Central Intelligence, after
consultation with the Secretary
and the Administrator of the
Federal Aviation Administration,
as necessary for military or
intelligence
applications;and
(B) is
manufactured for and sold
exclusively to military or
intelligence agencies of the
United States.
(6) This
subsection shall not apply with
respect to any firearm
manufactured in, imported into,
or possessed in the United States
before the date of the enactment
of the Undetectable Firearms Act
of 1988.2
(q) (1) The
Congress finds and declares
that:
(A) crime,
particularly crime involving
drugs and guns, is a pervasive,
nationwide problem;
(B) crime at
the local level is exacerbated by
the interstate movement of drugs,
guns, and criminal
gangs;
(C) firearms
and ammunition move easily in
interstate commerce and have been
found in increasing numbers in
and around schools, as documented
in numerous hearings in both the
Committee on the Judiciary the
House of Representatives and the
Committee on the Judiciary of the
Senate;
(D) in fact,
even before the sale of a
firearm, the gun, its component
parts, ammunition, and the raw
materials from which they are
made have considerably moved in
interstate commerce;
(E) while
criminals freely move from State
to State, ordinary citizens and
foreign visitors may fear to
travel to or through certain
parts of the country due to
concern about violent crime and
gun violence, and parents may
decline to send their children to
school for the same
reason;
(F) the
occurrence of violent crime in
school zones has resulted in a
decline in the quality of
education in our
country;
(G) this
decline in the quality of
education has an adverse impact
on interstate commerce and the
foreign commerce of the United
States;
(H) States,
localities, and school systems
find it almost impossible to
handle gun-related crime by
themselves: even States,
localities, and school systems
that have made strong efforts to
prevent, detect, and punish
gun-related crime find their
efforts unavailing due in part to
the failure or inability of other
States or localities to take
strong measures;and
(I) the
Congress has the power, under the
interstate commerce clause and
other provisions of the
Constitution, to enact measures
to ensure the integrity and
safety of the Nation's schools by
enactment of this
subsection.
(2) (A) It
shall be unlawful for any
individual knowingly to possess a
firearm that has moved in or that
otherwise affects interstate or
foreign commerce at a place that
the individual knows, or has
reasonable cause to believe, is a
school zone.
(B)
Subparagraph (A) does not apply
to the possession of a
firearm:
(i) on private
property not part of school
grounds;
(ii) if the
individual possessing the firearm
is licensed to do so by the State
in which the school zone is
located or a political
subdivision of the State, and the
law of the State or political
subdivision requires that, before
an individual obtains such a
license, the law enforcement
authorities of the State or
political subdivision verify that
the individual is qualified under
law to receive the
license;
(iii) that
is:
(I) not
loaded;and
(II) in a
locked container, or a locked
firearms rack that is on a
motorvehicle;
(iv) by an
individual for use in a program
approved by a school in the
school zone;
(v) by an
individual in accordance with a
contract entered into between a
school in the school zone and the
individual or an employer of the
individual;
(vi) by a law
enforcement officer acting in his
or her official
capacity;or
(vii) that is
unloaded and is possessed by an
individual while traversing
school premises for the purpose
of gaining access to public or
private lands open to hunting, if
the entry on school premises is
authorized by school
authorities.
(3) (A) Except
as provided in subparagraph (B),
it shall be unlawful for any
person, knowingly or with
reckless disregard for the safety
of another, to discharge or
attempt to discharge a firearm
that has moved in or that
otherwise affects interstate or
foreign commerce at a place that
the person knows is a school
zone.
(B)
Subparagraph (A) does not apply
to the discharge of a
firearm:
(i) on private
property not part of school
grounds;
(ii) as part
of a program approved by a school
in the school zone, by an
individual who is participating
in the program;
(iii) by an
individual in accordance with a
contract entered into between
aschool in a school zone and the
individual or an employer of the
individual;or
(iv) by a law
enforcement officer acting in his
or her official
capacity.
(4) Nothing in
this subsection shall be
construed as preempting or
preventing a State or local
government from enacting a
statute establishing gun free
school zones as provided in this
subsection.
(r) It shall
be unlawful for any person to
assemble from imported parts any
semiautomatic rifle or any
shotgun which is identical to any
rifle or shotgun prohibited from
importation under section
925(d)(3) of this chapter as not
being particularly suitable for
or readily adaptable to sporting
purposes except that this
subsection shall not apply
to:
(1) the
assembly of any such rifle or
shotgun for sale or distribution
by a licensed manufacturer to the
United States or any department
or agency thereof or to any State
or any department, agency, or
political subdivision thereof;
or
(2) the
assembly of any such rifle or
shotgun for the purposes of
testing or experimentation
authorized by the
Secretary.
(s) (1)
Beginning on the date that is 90
days after the date of enactment
of this subsection and ending on
the day before the date that is
60 months after such date of
enactment, it shall be unlawful
for any licensed importer,
licensed manufacturer, or
licensed dealer to sell, deliver,
or transfer a handgun (other than
the return of a handgun to the
person from whom it was received)
to an individual who is not
licensed under section 923,
unless:
(A) after the
most recent proposal of such
transfer by the
transferee:
(i) the
transferor has:
(I) received
from the transferee a statement
of the transferee containing the
information described in
paragraph (3);
(II) verified
the identity of the transferee by
examining the identification
document presented;
(III) within 1
day after the transferee
furnishes the statement, provided
notice of the contents of the
statement to the chief law
enforcement officer of the place
of residence of the
transferee;and
(IV) within 1
day after the transferee
furnishes the statement,
transmitted a copy of the
statement to the chief law
enforcement officer of the place
of residence of the
transferee;and
(ii) (I) 5
business days (meaning days on
which State offices are open)
have elapsed from the date the
transferor furnished notice of
the contents of the statement to
the chief law enforcement
officer, during which period the
transferor has not received
information from the chief law
enforcement officer that receipt
or possession of the handgun by
the transferee would be in
violation of Federal, State, or
local law;or
(II) the
transferor has received notice
from the chief law enforcement
officer that the officer has no
information indicating that
receipt or possession of the
handgun by the transferee would
violate Federal, State, or local
law;
(B) the
transferee has presented to the
transferor a written statement,
issued by the chief law
enforcement officer of the place
of residence of the transferee
during the 10-day period ending
on the date of the most recent
proposal of such transfer by the
transferee, stating that the
transferee requires access to a
handgun because of a threat to
the life of the transferee or of
any member of the household of
the transferee;
(C) (i) the
transferee has presented to the
transferor a permit
that:
(I) allows the
transferee to possess or acquire
a handgun;and
(II) was
issued not more than 5 years
earlier by the State in which the
transfer is to take
place;and
(ii) the law
of the State provides that such a
permit is to be issued only after
an authorized government official
has verified that the information
available to such official does
not indicate that possession of a
handgun by the transferee would
be in violation of the
law;
(D) the law of
the State requires that, before
any licensed importer,licensed
manufacturer, or licensed dealer
completes the transfer of a
handgun to an individual who is
not licensed under section 923,
an authorized government official
verify that the information
available to such official does
not indicate that possession of a
handgun by the transferee would
be in violation of
law;
(E) the
Secretary has approved the
transfer under section 5812 of
the Internal Revenue Code of
1986;or
(F) on
application of the transferor,
the Secretary has certified that
compliance with subparagraph
(A)(i)(III) is impracticable
because:
(i) the ratio
of the number of law enforcement
officers of the State in which
the transfer is to occur to the
number of square miles of land
area of the State does not exceed
0.0025;
(ii) the
business premises of the
transferor at which the transfer
is to occur are extremely remote
in relation to the chief law
enforcement officer;
and
(iii) there is
an absence of telecommunications
facilities in the geographical
area in which the business
premises are located.
(2) A chief
law enforcement officer to whom a
transferor has provided notice
pursuant to paragraph
(1)(A)(i)(III) shall make a
reasonable effort to ascertain
within 5 business days whether
receipt or possession would be in
violation of the law, including
research in whatever State and
local recordkeeping systems are
available and in a national
system designated by the Attorney
General.
(3) The
statement referred to in
paragraph (1)(A)(i)(I) shall
contain only:
(A) the name,
address, and date of birth
appearing on a valid
identification document (as
defined in section 1028(d)(1)) of
the transferee containing a
photograph of the transferee and
a description of the
identification used;
(B) a
statement that the
transferee:
(i) is not
under indictment for, and has not
been convicted in any court of, a
crime punishable by imprisonment
for a term exceeding 1 year, and
has not been convicted in any
court of a misdemeanor crime of
domestic violence;
(ii) is not a
fugitive from justice;
(iii) is not
an unlawful user of or addicted
to any controlled substance (as
defined in section 102 of the
Controlled Substances
Act);
(iv) has not
been adjudicated as a mental
defective or been committed to a
mental institution;
(v) is not an
alien who:
(I) is
illegally or unlawfully in the
United States;or
(II) subject
to subsection (y)(2), has been
admitted to the United States
under a nonimmigrant visa (as
that term is defined in section
101(a)(26) of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(26));
(vi) has not
been discharged from the Armed
Forces under dishonorable
conditions;and
(vii) is not a
person who, having been a citizen
of the United States,
hasrenounced such
citizenship;
(C) the date
the statement is
made;and
(D) notice
that the transferee intends to
obtain a handgun from the
transferor.
(4) Any
transferor of a handgun who,
after such transfer, receives a
report from a chief law
enforcement officer containing
information that receipt or
possession of the handgun by the
transferee violates Federal,
State, or local law shall, within
1 business day after receipt of
such request, communicate any
information related to the
transfer that the transferor has
about the transfer and the
transferee to:
(A) the chief
law enforcement officer of the
place of business of the
transferor;and
(B) the chief
law enforcement officer of the
place of residence of the
transferee.
(5) Any
transferor who receives
information, not otherwise
available to the public, in a
report under this subsection
shall not disclose such
information except to the
transferee, to law enforcement
authorities, or pursuant to the
direction of a court of
law.
(6) (A) Any
transferor who sells, delivers,
or otherwise transfers a handgun
to a transferee shall retain the
copy of the statement of the
transferee with respect to the
handgun transaction, and shall
retain evidence that the
transferor has complied with
subclauses (III) and (IV) of
paragraph (1)(A)(i) with respect
to the statement.
(B) Unless the
chief law enforcement officer to
whom a statement is transmitted
under paragraph (1)(A)(i)(IV)
determines that a transaction
would violate Federal, State, or
local law:
(i) the
officer shall, within 20 business
days after the date the
transferee made the statement on
the basis of which the notice was
provided, destroy the statement,
any record containing information
derived from the statement, and
any record created as a result of
the notice required by paragraph
(1)(A)(i)(III);
(ii) the
information contained in the
statement shall not be conveyed
to any person except a person who
has a need to know in order to
carry out this
subsection;and
(iii) the
information contained in the
statement shall not be used for
any purpose other than to carry
out this subsection.
(C) If a chief
law enforcement officer
determines that an individual is
ineligible to receive a handgun
and the individual requests the
officer to provide the reason for
such determination, the officer
shall provide such reasons to the
individual in writing within 20
business days after receipt of
the request.
(7) A chief
law enforcement officer or other
person responsible for providing
criminal history background
information pursuant to this
subsection shall not be liable in
an action at law for
damages:
(A) for
failure to prevent the sale or
transfer of a handgun to a person
whose receipt or possession of
the handgun is unlawful under
this section;or
(B) for
preventing such a sale or
transfer to a person who may
lawfully receive or possess a
handgun.
(8) For
purposes of this subsection, the
term "chief law enforcement
officer" means the chief of
police, the sheriff, or an
equivalent officer or the
designee of any such
individual.
(9) The
Secretary shall take necessary
actions to ensure that the
provisions of this subsection are
published and disseminated to
licensed dealers, law enforcement
officials, and the
public.
(t) (1)
Beginning on the date that is 30
days after the Attorney General
notifies licensees under section
103(d) of the Brady Handgun
Violence Prevention Act that the
national instant criminal
background check system is
established, a licensed importer,
licensed manufacturer, or
licensed dealer shall not
transfer a firearm to any other
person who is not licensed under
this chapter, unless:
(A) before the
completion of the transfer, the
licensee contacts the national
instant criminal background check
system established under section
103 of that Act;
(B) (i) the
system provides the licensee with
a unique identification
number;or
(ii) 3
business days (meaning a day on
which State offices are open)
have elapsed since the licensee
contacted the system, and the
system has not notified the
licensee that the receipt of a
firearm by such other person
would violate subsection (g) or
(n) of this
section;and
(C) the
transferor has verified the
identity of the transferee by
examining a valid identification
document (as defined in section
1028(d)(1) of this title) of the
transferee containing a
photograph of the
transferee.
(2) If receipt
of a firearm would not violate
subsection (g) or (n) or State
law, the system shall:
(A) assign a
unique identification number to
the transfer;
(B) provide
the licensee with the
number;and
(C) destroy
all records of the system with
respect to the call (other than
the identifying number and the
date the number was assigned) and
all records of the system
relating to the person or the
transfer.
(3) Paragraph
(1) shall not apply to a firearm
transfer between a licensee and
another person if:
(A) (i) such
other person has presented to the
licensee a permit
that:
(I) allows
such other person to possess or
acquire a firearm;and
(II) was
issued not more than 5 years
earlier by the State in which the
transfer is to take
place;and
(ii) the law
of the State provides that such a
permit is to be issued only after
an authorized government official
has verified that the information
available to such official does
not indicate that possession of a
firearm by such other person
would be in violation of
law;
(B) the
Secretary has approved the
transfer under section 5812 of
the Internal Revenue Code of
1986;or
(C) on
application of the transferor,
the Secretary has certified that
compliance with paragraph (1)(A)
is impracticable
because:
(i) the ratio
of the number of law enforcement
officers of the State in which
the transfer is to occur to the
number of square miles of land
area of the State does not exceed
0.0025;
(ii) the
business premises of the licensee
at which the transfer is to occur
are extremely remote in relation
to the chief law enforcement
officer (as defined in subsection
(s)(8));and
(iii) there is
an absence of telecommunications
facilities in thegeographical
area in which the business
premises are located.
(4) If the
national instant criminal
background check system notifies
the licensee that the information
available to the system does not
demonstrate that the receipt of a
firearm by such other person
would violate subsection (g) or
(n) or State law, and the
licensee transfers a firearm to
such other person, the licensee
shall include in the record of
the transfer the unique
identification number provided by
the system with respect to the
transfer.
(5) If the
licensee knowingly transfers a
firearm to such other person and
knowingly fails to comply with
paragraph (1) of this subsection
with respect to the transfer and,
at the time such other person
most recently proposed the
transfer, the national instant
criminal background check system
was operating and information was
available to the system
demonstrating that receipt of a
firearm by such other person
would violate subsection (g) or
(n) of this section or State law,
the Secretary may, after notice
and opportunity for a hearing,
suspend for not more than 6
months or revoke any license
issued to the licensee under
section 923, and may impose on
the licensee a civil fine of not
more than $5,000.
(6) Neither a
local government nor an employee
of the Federal Government or of
any State or local government,
responsible for providing
information to the national
instant criminal background check
system shall be liable in an
action at law for
damages:
(A) for
failure to prevent the sale or
transfer of a firearm to a person
whose receipt or possession of
the firearm is unlawful under
this section;or
(B) for
preventing such a sale or
transfer to a person who may
lawfully receive or possess a
firearm.
(u) It shall
be unlawful for a person to steal
or unlawfully take or carry away
from the person or the premises
of a person who is licensed to
engage in the business of
importing, manufacturing, or
dealing in firearms, any firearm
in the licensee's business
inventory that has been shipped
or transported in interstate or
foreign commerce.
(v) (1) It
shall be unlawful for a person to
manufacture, transfer, or possess
a semiautomatic assault
weapon.
(2) Paragraph
(1) shall not apply to the
possession or transfer of any
semiautomatic assault weapon
otherwise lawfully possessed
under Federal law on the date of
the enactment of this
subsection.
(3) Paragraph
(1) shall not apply
to:
(A) any of the
firearms, or replicas or
duplicates of the firearms,
specified in Appendix A to this
section, as such firearms were
manufactured on October 1,
1993;
(B) any
firearm that:
(i) is
manually operated by bolt, pump,
lever, or slide
action;
(ii) has been
rendered permanently
inoperable;or
(iii) is an
antique firearm;
(C) any
semiautomatic rifle that cannot
accept a detachable magazine that
holds more than 5 rounds of
ammunition;or
(D) any
semiautomatic shotgun that cannot
hold more than 5 rounds of
ammunition in a fixed or
detachable magazine.
The fact that
a firearm is not listed in
Appendix A shall not be construed
to mean that paragraph (1)
applies to such firearm. No
firearm exempted by this
subsection may be deleted from
Appendix A so long as this
subsection is in
effect.
(4) Paragraph
(1) shall not apply
to:
(A) the
manufacture for, transfer to, or
possession by the United States
or a department or agency of the
United States or a State or a
department, agency, or political
subdivision of a State, or a
transfer to or possession by a
law enforcement officer employed
by such an entity for purposes of
law enforcement (whether on or
off duty);
(B) the
transfer to a licensee under
title I of the Atomic Energy Act
of 1954 for purposes of
establishing and maintaining an
on-site physical protectionsystem
and security organization
required by Federal law, or
possession by an employee or
contractor of such licensee
on-site for such purposes or
off-site for purposes of
licensee-authorized training or
transportation of nuclear
materials;
(C) the
possession, by an individual who
is retired from service with a
law enforcement agency and is not
otherwise prohibited from
receiving a firearm, of a
semiautomatic assault weapon
transferred to the individual by
the agency upon such
retirement;or
(D) the
manufacture, transfer, or
possession of a semiautomatic
assault weapon by a licensed
manufacturer or licensed importer
for the purposes of testing or
experimentation authorized by the
Secretary.
(w) (1) Except
as provided in paragraph (2), it
shall be unlawful for a person to
transfer or possess a large
capacity ammunition feeding
device.
(2) Paragraph
(1) shall not apply to the
possession or transfer of any
large capacity ammunition feeding
device otherwise lawfully
possessed on or before the date
of the enactment of this
subsection.
(3) This
subsection shall not apply
to:
(A) the
manufacture for, transfer to, or
possession by the United States
or a department or agency of the
United States or a State or a
department, agency, or political
subdivision of a State, or a
transfer to or possession by a
law enforcement officer employed
by such an entity for purposes of
law enforcement (whether on or
off duty);
(B) the
transfer to a licensee under
title I of the Atomic Energy Act
of 1954 for purposes of
establishing and maintaining an
on-site physical protection
system and security organization
required by Federal law, or
possession by an employee or
contractor of such licensee
on-site for such purposes or
off-site for purposes of
licensee-authorized training or
transportation of nuclear
materials;
(C) the
possession, by an individual who
is retired from service with a
law enforcement agency and is not
otherwise prohibited from
receiving ammunition, of a large
capacity ammunition feeding
device transferred to the
individual by the agency upon
such retirement;or
(D) the
manufacture, transfer, or
possession of any large capacity
ammunition feeding device by a
licensed manufacturer or licensed
importer for the purposes of
testing or experimentation
authorized by the
Secretary.
(4) If a
person charged with violating
paragraph (1) asserts that
paragraph(1) does not apply to
such person because of paragraph
(2) or (3), the Government shall
have the burden of proof to show
that such paragraph (1) applies
to such person.The lack of a
serial number as described in
section 923(i) of this title
shall be a presumption that the
large capacity ammunition feeding
device is not subject to the
prohibition of possession in
paragraph (1).
(x) (1) It
shall be unlawful for a person to
sell, deliver, or otherwise
transfer to a person who the
transferor knows or has
reasonable cause to believe is a
juvenile:
(A) a
handgun;or
(B) ammunition
that is suitable for use only in
a handgun.
(2) It shall
be unlawful for any person who is
a juvenile to knowingly
possess:
(A) a
handgun;or
(B) ammunition
that is suitable for use only in
a handgun.
(3) This
subsection does not apply
to:
(A) a
temporary transfer of a handgun
or ammunition to a juvenile or to
thepossession or use of a handgun
or ammunition by a juvenileif the
handgun andammunition are
possessed and used by the
juvenile:
(i) in the
course of employment, in the
course of ranching or farming
related to activities at the
residence of the juvenile (or on
property used for ranching or
farming at which the juvenile,
with the permission of the
property owner or lessee, is
performing activities related to
the operation of the farm or
ranch), target practice, hunting,
or a course of instruction in the
safe and lawful use of a
handgun;
(ii) with the
prior written consent of the
juvenile's parent or guardian who
is not prohibited by Federal,
State, or local law from
possessing a firearm,
except:
(I) during
transportation by the juvenile of
an unloaded handgun in a locked
container directly from the place
of transfer to a place at which
an activity described in clause
(i) is to take place and
transportation by the juvenile of
that handgun, unloaded and in a
locked container, directly from
the place at which such an
activity took place to the
transferor;or
(II) with
respect to ranching or farming
activities as described in
clause(i), a juvenile may possess
and use a handgun or ammunition
with the prior written approval
of the juvenile's parent or legal
guardian and at the direction of
an adult who is not prohibited by
Federal, State or local law from
possessing a firearm;
(iii) the
juvenile has the prior written
consent in the juvenile's
possession at all times when a
handgun is in the possession of
the juvenile; and
(iv) in
accordance with State and local
law;
(B) a juvenile
who is a member of the Armed
Forces of the United States or
the National Guard who possesses
or is armed with a handgun in the
line of duty;
(C) a transfer
by inheritance of title (but not
possession) of a handgun or
ammunition to a
juvenile;or
(D) the
possession of a handgun or
ammunition by a juvenile taken in
defense of the juvenile or other
persons against an intruder into
the residence of the juvenile or
a residence in which the juvenile
is an invited guest.
(4) A handgun
or ammunition, the possession of
which is transferred to a
juvenile in circumstances in
which the transferor is not in
violation of this subsection
shall not be subject to permanent
confiscation by the Government if
its possession by the juvenile
subsequently becomes unlawful
because of the conduct of the
juvenile, but shall be returned
to the lawful owner when such
handgun or ammunition is no
longer required by the Government
for the purposes of investigation
or prosecution.
(5) For
purposes of this subsection, the
term "juvenile" means a person
who is less than 18 years of
age.
(6) (A) In a
prosecution of a violation of
this subsection, the court shall
require the presence of a
juvenile defendant's parent or
legal guardian at all
proceedings.
(B) The court
may use the contempt power to
enforce subparagraph
(A).
(C) The court
may excuse attendance of a parent
or legal guardian of a juvenile
defendant at a proceeding in a
prosecution of a violation of
this subsection for good cause
shown.
(y) PROVISIONS
RELATING TO ALIENS ADMITTED UNDER
NONIMMIGRANT VISAS.:
(1)
DEFINITIONS.:In this
subsection:
(A) the term
"alien" has the same meaning as
in section 101(a)(3) of the
Immigration and Nationality Act
(8 U.S.C.
1101(a)(3));and
(B) the term
"nonimmigrant visa" has the same
meaning as in section 101(a)(26)
of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(26)).
(2)
EXCEPTIONS.:Subsections
(d)(5)(B), (g)(5)(B),
and(s)(3)(B)(v)(II) do not apply
to any alien who has been
lawfully admitted to the United
States under a nonimmigrant visa,
if that alien is:
(A) admitted
to the United States for lawful
hunting or sporting purposes or
is in possession of a hunting
license or permit lawfully issued
in the United States;
(B) an
official representative of a
foreign government who
is:
(i) accredited
to the United States Government
or the Government's mission to an
international organization having
its headquarters in the United
States;or
(ii) en route
to or from another country to
which that alien is
accredited;
(C) an
official of a foreign government
or a distinguished foreign
visitor who has been so
designated by the Department of
State;or
(D) a foreign
law enforcement officer of a
friendly foreign government
entering the United States on
official law enforcement
business.
(3)
WAIVER.:
(A) CONDITIONS
FOR WAIVER.:Any individual who
has been admitted to the United
States under a nonimmigrant visa
may receive a waiver from the
requirements of subsection
(g)(5), if:
(i) the
individual submits to the
Attorney General a petition that
meets the requirements of
subparagraph (C);and
(ii) the
Attorney General approves the
petition.
(B)
PETITION.:Each petition under
subparagraph (B)
shall:
(i)
demonstrate that the petitioner
has resided in the United States
for a continuous period of not
less than 180 days before the
date on which the petition is
submitted under this
paragraph;and
(ii) include a
written statement from the
embassy or consulate of the
petitioner, authorizing the
petitioner to acquire a firearm
or ammunition and certifying that
the alien would not, absent the
application of subsection
(g)(5)(B), otherwise be
prohibited from such acquisition
under subsection (g).
(C) APPROVAL
OF PETITION.:The Attorney General
shall approve a petition
submitted in accordance with this
paragraph, if the Attorney
General determines that waiving
the requirements of subsection
(g)(5)(B) with respect to the
petitioner:
(i) would be
in the interests of
justice;and
(ii) would not
jeopardize the public
safety.
Back
To Table of
Contents
APPENDIX A
Centerfire
Rifles:
Autoloaders
Browning BAR
Mark II Safari Semi-Auto Rifle
Browning BAR Mark II Safari
Magnum Rifle Browning High-Power
Rifle Heckler & Koch
Model 300 Rifle Iver Johnson M-1
Carbine Iver Johnson 50th
Anniversary M-1 Carbine Marlin
Model 9 Camp Carbine Marlin Model
45 Carbine Remington Nylon 66
Auto-Loading Rifle Remington
Model 7400 Auto Rifle Remington
Model 7400 Rifle Remington Model
7400 Special Purpose Auto Rifle
Ruger Mini-14 Autoloading Rifle
(w/o folding stock) Ruger Mini
Thirty Rifle
Centerfire
Rifles:Lever &
Slide
Browning Model
81 BLR Lever-Action Rifle
Browning Model 81 Long Action BLR
Browning Model 1886 Lever-Action
Carbine Browning Model 1886 High
Grade Carbine Cimarron 1860 Henry
Replica Cimarron 1866 Winchester
Replicas Cimarron 1873 Short
Rifle Cimarron 1873 Sporting
Rifle Cimarron 1873 30" Express
Rifle Dixie Engraved 1873 Rifle
E.M.F. 1866 Yellowboy Lever
Actions E.M.F. 1860 Henry Rifle
E.M.F. Model 73 Lever-Action
Rifle Marlin Model 336CS
Lever-Action Carbine Marlin Model
30AS Lever-Action Carbine Marlin
Model 444SS Lever-Action Sporter
Marlin Model 1894S Lever-Action
Carbine Marlin Model 1894CS
Carbine Marlin Model 1894CL
Classic Marlin Model 1895SS
Lever-Action Rifle Mitchell 1858
Henry Replica Mitchell 1866
Winchester Replica Mitchell 1873
Winchester Replica Navy Arms
Military Henry Rifle Navy Arms
Henry Trapper Navy Arms Iron
Frame Henry Navy Arms Henry
Carbine Navy Arms 1866 Yellowboy
Rifle Navy Arms 1873
Winchester-Style Rifle Navy Arms
1873 Sporting Rifle Remington
7600 Slide Action Remington Model
7600 Special Purpose Slide Action
Rossi M92 SRC Saddle-Ring Carbine
Rossi M92 SRS Short Carbine
Savage 99C Lever-Action Rifle
Uberti Henry Rifle Uberti 1866
Sporting Rifle Uberti 1873
Sporting Rifle Winchester Model
94 Side Eject Lever-Action Rifle
Winchester Model 94 Trapper Side
Eject Winchester Model 94 Big
Bore Side Eject Winchester Model
94 Ranger Side Eject Lever-Action
Rifle Winchester Model 94
Wrangler Side Eject
Centerfire
Rifles:Bolt Action
Alpine
Bolt-Action Rifle A-Square Caesar
Bolt-Action Rifle A-Square
Hannibal Bolt-Action Rifle
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700D Bavarian
Bolt-Action Rifle Anschutz 1733D
Mannlicher Rifle Barret Model 90
Bolt-Action Rifle Beeman/HW 60J
Bolt-Action Rifle Blaser R84
Bolt-Action Rifle BRNO 537
Sporter Bolt-Action Rifle BRNO
ZKB 527 Fox Bolt-Action Rifle
BRNO ZKK 600, 601, 602
Bolt-Action Rifles Browning
A-Bolt Rifle Browning A-Bolt
Stainless Stalker Browning A-Bolt
Left Hand Browning A-Bolt Short
Action Browning Euro-Bolt Rifle
Browning A-Bolt Gold Medallion
Browning A-Bolt Micro Medallion
Century Centurion 14 Sporter
Century Enfield Sporter #4
Century Swedish Sporter #38
Century Mauser 98 Sporter Cooper
Model 38 Centerfire Sporter
Dakota 22 Sporter Bolt-Action
Rifle Dakota 76 Classic
Bolt-Action Rifle Dakota 76 Short
Action Rifles Dakota 76 Safari
Bolt-Action Rifle Dakota 416
Rigby African E.A.A./Sabatti
Rover 870 Bolt-Action Rifle
Auguste Francotte Bolt-Action
Rifles Carl Gustaf 2000
Bolt-Action Rifle Heym Magnum
Express Series Rifle Howa
Lightning Bolt-Action Rifle Howa
Realtree Camo Rifle Interarms
Mark X Viscount Bolt-Action Rifle
Interarms Mini-Mark X Rifle
Interarms Mark X Whitworth
Bolt-Action Rifle Interarms
Whitworth Express Rifle Iver
Johnson Model 5100A1 Long-Range
Rifle KDF K15 American
Bolt-Action Rifle Krico Model 600
Bolt-Action Rifle Krico Model 700
Bolt-Action Rifles Mauser Model
66 Bolt-Action Rifle Mauser Model
99 Bolt-Action Rifle McMillan
Signature Classic Sporter
McMillan Signature Super
Varminter McMillan Signature
Alaskan McMillan Signature
Titanium Mountain Rifle McMillan
Classic Stainless Sporter
McMillan Talon Safari Rifle
McMillan Talon Sporter Rifle
Midland 1500S Survivor Rifle Navy
Arms TU-33/40 Carbine Parker-Hale
Model 81 Classic Rifle
Parker-Hale Model 81 Classic
African Rifle Parker-Hale Model
1000 Rifle Parker-Hale Model
1100M African Magnum Parker-Hale
Model 1100 Lightweight Rifle
Parker-Hale Model 1200 Super
Rifle Parker-Hale Model 1200
Super Clip Rifle Parker-Hale
Model 1300C Scout Rifle
Parker-Hale Model 2100 Midland
Rifle Parker-Hale Model 2700
Lightweight Rifle Parker-Hale
Model 2800 Midland Rifle
Remington Model Seven Bolt-Action
Rifle Remington Model Seven Youth
Rifle Remington Model Seven
Custom KS Remington Model Seven
Custom MS Rifle Remington 700 ADL
Bolt-Action Rifle Remington 700
BDL Bolt-Action Rifle Remington
700 BDL Varmint Special Remington
700 BDL European Bolt-Action
Rifle Remington 700 Varmint
Synthetic Rifle Remington 700 BDL
SS Rifle Remington 700 Stainless
Synthetic Rifle Remington 700
MTRSS Rifle Remington 700 BDL
Left Hand Remington 700 Camo
Synthetic Rifle Remington 700
Safari Remington 700 Mountain
Rifle Remington 700 Custom KS
Mountain Rifle Remington 700
Classic Rifle Ruger M77 Mark II
Rifle Ruger M77 Mark II Magnum
Rifle Ruger M77RL Ultra Light
Ruger M77 Mark II All-Weather
Stainless Rifle Ruger M77 RSI
International Carbine Ruger M77
Mark II Express Rifle Ruger M77VT
Target Rifle Sako Hunter Rifle
Sako FiberClass Sporter Sako
Safari Grade Bolt Action Sako
Hunter Left-Hand Rifle Sako
Classic Bolt Action Sako Hunter
LS Rifle Sako Deluxe Lightweight
Sako Super Deluxe Sporter Sako
Mannlicher-Style Carbine Sako
Varmint Heavy Barrel Sako TRG-S
Bolt-Action Rifle Sauer 90
Bolt-Action Rifle Savage 110G
Bolt-Action Rifle Savage 110CY
Youth/Ladies Rifle Savage 110WLE
One of One Thousand Limited
Edition Rifle Savage 110GXP3
Bolt-Action Rifle Savage 110F
Bolt-Action Rifle Savage 110FXP3
Bolt-Action Rifle Savage 110GV
Varmint Rifle Savage 112FV
Varmint Rifle Savage Model 112FVS
Varmint Rifle Savage Model 112BV
Heavy Barrel Varmint Rifle Savage
116FSS Bolt-Action Rifle Savage
Model 116FSK Kodiak Rifle Savage
110FP Police Rifle
Steyr-Mannlicher Sporter Models
SL, L, M, S, S/T Steyr-Mannlicher
Luxus Model L, M, S
Steyr-Mannlicher Model M
Professional Rifle Tikka
Bolt-Action Rifle Tikka Premium
Grade Rifles Tikka
Varmint/Continental Rifle Tikka
Whitetail/Battue Rifle Ultra
Light Arms Model 20 Rifle Ultra
Light Arms Model 28, Model 40
Rifles Voere VEC 91 Lightning
Bolt-Action Rifle Voere Model
2165 Bolt-Action Rifle Voere
Model 2155, 2150 Bolt-Action
Rifles Weatherby Mark V Deluxe
Bolt-Action Rifle Weatherby
Lasermark V Rifle Weatherby Mark
V Crown Custom Rifles Weatherby
Mark V Sporter Rifle Weatherby
Mark V Safari Grade Custom Rifles
Weatherby Weathermark Rifle
Weatherby Weathermark Alaskan
Rifle Weatherby Classicmark No. 1
Rifle Weatherby Weatherguard
Alaskan Rifle Weatherby Vanguard
VGX Deluxe Rifle Weatherby
Vanguard Classic Rifle Weatherby
Vanguard Classic No. 1 Rifle
Weatherby Vanguard Weatherguard
Rifle Wichita Classic Rifle
Wichita Varmint Rifle Winchester
Model 70 Sporter Winchester Model
70 Sporter WinTuff Winchester
Model 70 SM Sporter Winchester
Model 70 Stainless Rifle
Winchester Model 70 Varmint
Winchester Model 70 Synthetic
Heavy Varmint Rifle Winchester
Model 70 DBM Rifle Winchester
Model 70 DBM-S Rifle Winchester
Model 70 Featherweight Winchester
Model 70 Featherweight WinTuff
Winchester Model 70 Featherweight
Classic Winchester Model 70
Lightweight Rifle Winchester
Ranger Rifle Winchester Model 70
Super Express Magnum Winchester
Model 70 Super Grade Winchester
Model 70 Custom Sharpshooter
Winchester Model 70 Custom
Sporting Sharpshooter
Rifle
Centerfire
Rifles: Single
Shot
Armsport 1866
Sharps Rifle, Carbine Brown Model
One Single Shot Rifle Browning
Model 1885 Single Shot Rifle
Dakota Single Shot Rifle Desert
Industries G-90 Single Shot Rifle
Harrington & Richardson
Ultra Varmint Rifle Model 1885
High Wall Rifle Navy Arms Rolling
Block Buffalo Rifle Navy Arms #2
Creedmoor Rifle Navy Arms Sharps
Cavalry Carbine Navy Arms Sharps
Plains Rifle New England Firearms
Handi-Rifle Red Willow Armory
Ballard No. 5 Pacific Red Willow
Armory Ballard No. 1.5 Hunting
Rifle Red Willow Armory Ballard
No. 8 Union Hill Rifle Red Willow
Armory Ballard No. 4.5 Target
Rifle Remington-Style Rolling
Block Carbine Ruger No. 1B Single
Shot Ruger No. 1A Light Sporter
Ruger No. 1H Tropical Rifle Ruger
No. 1S Medium Sporter Ruger No. 1
RSI International Ruger No. 1V
Special Varminter C.Sharps Arms
New Model 1874 Old Reliable
C.Sharps Arms New Model 1875
Rifle C.Sharps Arms 1875 Classic
Sharps C.Sharps Arms New Model
1875 Target & Long Range
Shiloh Sharps 1874 Long Range
Express Shiloh Sharps 1874
Montana Roughrider Shiloh Sharps
1874 Military Carbine Shiloh
Sharps 1874 Business Rifle Shiloh
Sharps 1874 Military Rifle Sharps
1874 Old Reliable Thompson/Center
Contender Carbine Thompson/Center
Stainless Contender Carbine
Thompson/Center Contender Carbine
Survival System Thompson/Center
Contender Carbine Youth Model
Thompson/Center TCR '87 Single
Shot Rifle Uberti Rolling Block
Baby Carbine
Drillings,
Combination Guns, Double
Rifles
Beretta
Express SSO O/U Double Rifles
Beretta Model 455 SxS Express
Rifle Chapuis RGExpress Double
Rifle Auguste Francotte Sidelock
Double Rifles Auguste Francotte
Boxlock Double Rifle Heym Model
55B O/U Double Rifle Heym Model
55FW O/U Combo Gun Heym Model 88b
Side-by-Side Double Rifle Kodiak
Mk. IV Double Rifle Kreighoff
Teck O/U Combination Gun
Kreighoff Trumpf Drilling Merkel
Over/Under Combination Guns
Merkel Drillings Merkel Model 160
Side-by-Side Double Rifles Merkel
Over/Under Double Rifles Savage
24F O/U Combination Gun Savage
24F-12T Turkey Gun Springfield
Inc. M6 Scout Rifle/Shotgun Tikka
Model 412s Combination Gun Tikka
Model 412S Double Fire A. Zoli
Rifle-Shotgun O/U
Combo
Rimfire
Rifles:
Autoloaders
AMT Lightning
25/22 Rifle AMT Lightning
Small-Game Hunting Rifle II AMT
Magnum Hunter Auto Rifle Anschutz
525 Deluxe Auto Armscor Model 20P
Auto Rifle Browning Auto-22 Rifle
Browning Auto-22 Grade VI Krico
Model 260 Auto Rifle Lakefield
Arms Model 64B Auto Rifle Marlin
Model 60 Self-Loading Rifle
Marlin Model 60ss Self-Loading
Rifle Marlin Model 70 HC Auto
Marlin Model 990l Self-Loading
Rifle Marlin Model 70P Papoose
Marlin Model 922 Magnum
Self-Loading Rifle Marlin Model
995 Self-Loading Rifle Norinco
Model 22 ATD Rifle Remington
Model 522 Viper Autoloading Rifle
Remington 552BDL Speedmaster
Rifle Ruger 10/22 Autoloading
Carbine (w/o folding stock)
Survival Arms AR-7 Explorer Rifle
Texas Remington Revolving Carbine
Voere Model 2115 Auto
Rifle
Rimfire
Rifles: Lever & Slide
Action
Browning BL-22
Lever-Action Rifle Marlin 39TDS
Carbine Marlin Model 39AS Golden
Lever-Action Rifle Remington
572BDL Fieldmaster Pump Rifle
Norinco EM-321 Pump Rifle Rossi
Model 62 SA Pump Rifle Rossi
Model 62 SAC Carbine Winchester
Model 9422 Lever-Action Rifle
Winchester Model 9422 Magnum
Lever-Action Rifle
Rimfire
Rifles: Bolt Actions &
Single Shots
Anschutz
Achiever Bolt-Action Rifle
Anschutz 1416D/1516D Classic
Rifles Anschutz 1418D/1518D
Mannlicher Rifles Anschutz 1700D
Classic Rifles Anschutz 1700D
Custom Rifles Anschutz 1700 FWT
Bolt-Action Rifle Anschutz 1700D
Graphite Custom Rifle Anschutz
1700D Bavarian Bolt-Action Rifle
Armscor Model 14P Bolt-Action
Rifle Armscor Model 1500 Rifle
BRNO ZKM-452 Deluxe Bolt-Action
Rifle BRNO ZKM 452 Deluxe
Beeman/HW 60-J-ST Bolt-Action
Rifle Browning A-Bolt 22
Bolt-Action Rifle Browning A-Bolt
Gold Medallion Cabanas Phaser
Rifle Cabanas Master Bolt-Action
Rifle Cabanas Espronceda IV
Bolt-Action Rifle Cabanas Leyre
Bolt-Action Rifle Chipmunk Single
Shot Rifle Cooper Arms Model 36S
Sporter Rifle Dakota 22 Sporter
Bolt-Action Rifle Krico Model 300
Bolt-Action Rifles Lakefield Arms
Mark II Bolt-Action Rifle
Lakefield Arms Mark I Bolt-Action
Rifle Magtech Model MT-22C
Bolt-Action Rifle Marlin Model
880 Bolt-Action Rifle Marlin
Model 881 Bolt-Action Rifle
Marlin Model 882 Bolt-Action
Rifle Marlin Model 883
Bolt-Action Rifle Marlin Model
883SS Bolt-Action Rifle Marlin
Model 25MN Bolt-Action Rifle
Marlin Model 25N Bolt-Action
Repeater Marlin Model 15YN
"Little Buckaroo" Mauser Model
107 Bolt-Action Rifle Mauser
Model 201 Bolt-Action Rifle Navy
Arms TU-KKW Training Rifle Navy
Arms TU-33/40 Carbine Navy Arms
TU-KKW Sniper Trainer Norinco
JW-27 Bolt-Action Rifle Norinco
JW-15 Bolt-Action Rifle Remington
541-T Remington 40-XR Rimfire
Custom Sporter Remington 541-T HB
Bolt-Action Rifle Remington 581-S
Sportsman Rifle Ruger 77/22
Rimfire Bolt-Action Rifle Ruger
K77/22 Varmint Rifle Ultra Light
Arms Model 20 RF Bolt-Action
Rifle Winchester Model 52B
Sporting Rifle
Competition
Rifles: Centerfire &
Rimfire
Anschutz 64-MS
Left Silhouette Anschutz 1808D RT
Super Match 54 Target Anschutz
1827B Biathlon Rifle Anschutz
1903D Match Rifle Anschutz 1803D
Intermediate Match Anschutz 1911
Match Rifle Anschutz 54.18MS REP
Deluxe Silhouette Rifle Anschutz
1913 Super Match Rifle Anschutz
1907 Match Rifle Anschutz 1910
Super Match II Anschutz 54.18MS
Silhouette Rifle Anschutz Super
Match 54 Target Model 2013
Anschutz Super Match 54 Target
Model 2007 Beeman/Feinwerkbau
2600 Target Rifle Cooper Arms
Model TRP-1 ISU Standard Rifle
E.A.A./Weihrauch HW 60 Target
Rifle E.A.A./HW 660 Match Rifle
Finnish Lion Standard Target
Rifle Krico Model 360 S2 Biathlon
Rifle Krico Model 400 Match Rifle
Krico Model 360S Biathlon Rifle
Krico Model 500 Kricotronic Match
Rifle Krico Model 600 Sniper
Rifle Krico Model 600 Match Rifle
Lakefield Arms Model 90B Target
Rifle Lakefield Arms Model 91T
Target Rifle Lakefield Arms Model
92S Silhouette Rifle Marlin Model
2000 Target Rifle Mauser Model
86-SR Specialty Rifle McMillan
M-86 Sniper Rifle McMillan Combo
M-87/M-88 50-Caliber Rifle
McMillan 300 Phoenix Long Range
Rifle McMillan M-89 Sniper Rifle
McMillan National Match Rifle
McMillan Long Range Rifle
Parker-Hale M-87 Target Rifle
Parker-Hale M-85 Sniper Rifle
Remington 40-XB Rangemaster
Target Centerfire Remington 40-XR
KS Rimfire Position Rifle
Remington 40-XBBR KS Remington
40-XC KS National Match Course
Rifle Sako TRG-21 Bolt-Action
Rifle Steyr-Mannlicher Match
SPG-UIT Rifle Steyr-Mannlicher
SSG P-I Rifle Steyr-Mannlicher
SSG P-III Rifle Steyr-Mannlicher
SSG P-IV Rifle Tanner Standard
UIT Rifle Tanner 50 Meter Free
Rifle Tanner 300 Meter Free Rifle
Wichita Silhouette
Rifle
Shotguns:
Autoloaders
American
Arms/Franchi Black Magic 48/AL
Benelli Super Black Eagle Shotgun
Benelli Super Black Eagle Slug
Gun Benelli M1 Super 90 Field
Auto Shotgun Benelli Montefeltro
Super 90 20-Gauge Shotgun Benelli
Montefeltro Super 90 Shotgun
Benelli M1 Sporting Special Auto
Shotgun Benelli Black Eagle
Competition Auto Shotgun Beretta
A-303 Auto Shotgun Beretta 390
Field Auto Shotgun Beretta 390
Super Trap, Super Skeet Shotguns
Beretta Vittoria Auto Shotgun
Beretta Model 1201F Auto Shotgun
Browning BSA 10 Auto Shotgun
Browning BSA 10 Stalker Auto
Shotgun Browning A-500R Auto
Shotgun Browning A-500G Auto
Shotgun Browning A-500G Sporting
Clays Browning Auto-5 Light 12
and 20 Browning Auto-5 Stalker
Browning Auto-5 Magnum 20
Browning Auto-5 Magnum 12
Churchill Turkey Automatic
Shotgun Cosmi Automatic Shotgun
Maverick Model 60 Auto Shotgun
Mossberg Model 5500 Shotgun
Mossberg Model 9200 Regal
Semi-Auto Shotgun Mossberg Model
9200 USST Auto Shotgun Mossberg
Model 9200 Camo Shotgun Mossberg
Model 6000 Auto Shotgun Remington
Model 1100 Shotgun Remington
11-87 Premier Shotgun Remington
11-87 Sporting Clays Remington
11-87 Premier Skeet Remington
11-87 Premier Trap Remington
11-87 Special Purpose Magnum
Remington 11-87 SPS-T Camo Auto
Shotgun Remington 11-87 Special
Purpose Deer Gun Remington 11-87
SPS-BG-Camo Deer/Turkey Shotgun
Remington 11-87 SPS-Deer Shotgun
Remington 11-87 Special Purpose
Synthetic Camo Remington SP-10
Magnum-Camo Auto Shotgun
Remington SP-10 Magnum Auto
Shotgun Remington SP-10 Magnum
Turkey Combo Remington 1100 LT-20
Auto Remington 1100 Special Field
Remington 1100 20-Gauge Deer Gun
Remington 1100 LT-20 Tournament
Skeet Winchester Model 1400
Semi-Auto Shotgun
Shotguns:
Slide Actions
Browning Model
42 Pump Shotgun Browning BPS Pump
Shotgun Browning BPS Stalker Pump
Shotgun Browning BPS Pigeon Grade
Pump Shotgun Browning BPS Pump
Shotgun (Ladies and Youth Model)
Browning BPS Game Gun Turkey
Special Browning BPS Game Gun
Deer Special Ithaca Model 87
Supreme Pump Shotgun Ithaca Model
87 Deerslayer Shotgun Ithaca
Deerslayer II Rifled Shotgun
Ithaca Model 87 Turkey Gun Ithaca
Model 87 Deluxe Pump Shotgun
Magtech Model 586-VR Pump Shotgun
Maverick Models 88, 91 Pump
Shotguns Mossberg Model 500
Sporting Pump Mossberg Model 500
Camo Pump Mossberg Model 500
Muzzleloader Combo Mossberg Model
500 Trophy Slugster Mossberg
Turkey Model 500 Pump Mossberg
Model 500 Bantam Pump Mossberg
Field Grade Model 835 Pump
Shotgun Mossberg Model 835 Regal
Ulti-Mag Pump Remington 870
Wingmaster Remington 870 Special
Purpose Deer Gun Remington 870
SPS-BG-Camo Deer/Turkey Shotgun
Remington 870 SPS-Deer Shotgun
Remington 870 Marine Magnum
Remington 870 TC Trap Remington
870 Special Purpose Synthetic
Camo Remington 870 Wingmaster
Small Gauges Remington 870
Express Rifle Sighted Deer Gun
Remington 870 SPS Special Purpose
Magnum Remington 870 SPS-T Camo
Pump Shotgun Remington 870
Special Field Remington 870
Express Turkey Remington 870 High
Grades Remington 870 Express
Remington Model 870 Express Youth
Gun Winchester Model 12 Pump
Shotgun Winchester Model 42 High
Grade Shotgun Winchester Model
1300 Walnut Pump Winchester Model
1300 Slug Hunter Deer Gun
Winchester Model 1300 Ranger Pump
Gun Combo & Deer Gun
Winchester Model 1300 Turkey Gun
Winchester Model 1300 Ranger Pump
Gun
Shotguns:
Over/Unders
American
Arms/Franchi Falconet 2000 O/U
American Arms Silver I O/U
American Arms Silver II Shotgun
American Arms Silver Skeet O/U
American Arms/Franchi Sporting
2000 O/U American Arms Silver
Sporting O/U American Arms Silver
Trap O/U American Arms WS/OU 12,
TS/OU 12 Shotguns American Arms
WT/OU 10 Shotgun Armsport 2700
O/U Goose Gun Armsport 2700
Series O/U Armsport 2900
Tri-Barrel Shotgun Baby Bretton
Over/Under Shotgun Beretta Model
686 Ultralight O/U Beretta ASE 90
Competition O/U Shotgun Beretta
Over/Under Field Shotguns Beretta
Onyx Hunter Sport O/U Shotgun
Beretta Model SO5, SO6, SO9
Shotguns Beretta Sporting Clay
Shotguns Beretta 687EL Sporting
O/U Beretta 682 Super Sporting
O/U Beretta Series 682
Competition Over/Unders Browning
Citori O/U Shotgun Browning
Superlight Citori Over/Under
Browning Lightning Sporting Clays
Browning Micro Citori Lightning
Browning Citori Plus Trap Combo
Browning Citori Plus Trap Gun
Browning Citori O/U Skeet Models
Browning Citori O/U Trap Models
Browning Special Sporting Clays
Browning Citori GTI Sporting
Clays Browning 325 Sporting Clays
Centurion Over/Under Shotgun
Chapuis Over/Under Shotgun
Connecticut Valley Classics
Classic Sporter O/U Connecticut
Valley Classics Classic Field
Waterfowler Charles Daly Field
Grade O/U Charles Daly Lux
Over/Under E.A.A./Sabatti
Sporting Clays Pro-Gold O/U
E.A.A./Sabatti Falcon-Mon
Over/Under Kassnar Grade I O/U
Shotgun Krieghoff K-80 Sporting
Clays O/U Krieghoff K-80 Skeet
Shotgun Krieghoff K-80
International Skeet Krieghoff
K-80 Four-Barrel Skeet Set
Krieghoff K-80/RT Shotguns
Krieghoff K-80 O/U Trap Shotgun
Laurona Silhouette 300 Sporting
Clays Laurona Silhouette 300 Trap
Laurona Super Model Over/Unders
Ljutic LM-6 Deluxe O/U Shotgun
Marocchi Conquista Over/Under
Shotgun Marocchi Avanza O/U
Shotgun Merkel Model 200E O/U
Shotgun Merkel Model 200E Skeet,
Trap Over/Unders Merkel Model
203E, 303E Over/Under Shotguns
Perazzi Mirage Special Sporting
O/U Perazzi Mirage Special
Four-Gauge Skeet Perazzi Sporting
Classic O/U Perazzi MX7
Over/Under Shotguns Perazzi
Mirage Special Skeet Over/Under
Perazzi MX8/MX8 Special Trap,
Skeet Perazzi MX8/20 Over/Under
Shotgun Perazzi MX9 Single
Over/Under Shotguns Perazzi MX12
Hunting Over/Under Perazzi MX28,
MX410 Game O/U Shotguns Perazzi
MX20 Hunting Over/Under Piotti
Boss Over/Under Shotgun Remington
Peerless Over/Under Shotgun Ruger
Red Label O/U Shotgun Ruger
Sporting Clays O/U Shotgun San
Marco 12-Ga. Wildflower Shotgun
San Marco Field Special O/U
Shotgun San Marco 10-Ga. O/U
Shotgun SKB Model 505 Deluxe
Over/Under Shotgun SKB Model 685
Over/Under Shotgun SKB Model 885
Over/Under Trap, Skeet, Sporting
Clays Stoeger/IGA Condor I O/U
Shotgun Stoeger/IGA ERA 2000
Over/Under Shotgun Techni-Mec
Model 610 Over/Under Tikka Model
412S Field Grade Over/Under
Weatherby Athena Grade IV O/U
Shotguns Weatherby Athena Grade V
Classic Field O/U Weatherby Orion
O/U Shotguns Weatherby II, III
Classic Field O/Us Weatherby
Orion II Classic Sporting Clays
O/U Weatherby Orion II Sporting
Clays O/U Winchester Model 1001
O/U Shotgun Winchester Model 1001
Sporting Clays O/U Pietro
Zanoletti Model 2000 Field
O/U
Shotguns:
Side by Sides
American Arms
Brittany Shotgun American Arms
Gentry Double Shotgun American
Arms Derby Side-by-Side American
Arms Grulla #2 Double Shotgun
American Arms WS/SS 10 American
Arms TS/SS 10 Double Shotgun
American Arms TS/SS 12
Side-by-Side Arrieta Sidelock
Double Shotguns Armsport 1050
Series Double Shotguns Arizaga
Model 31 Double Shotgun AYA
Boxlock Shotguns AYA Sidelock
Double Shotguns Beretta Model 452
Sidelock Shotgun Beretta
Side-by-Side Field Shotguns
Crucelegui Hermanos Model 150
Double Chapuis Side-by-Side
Shotgun E.A.A./Sabatti Saba-Mon
Double Shotgun Charles Daly Model
Dss Double Ferlib Model F VII
Double Shotgun Auguste Francotte
Boxlock Shotgun Auguste Francotte
Sidelock Shotgun Garbi Model 100
Double Garbi Model 101
Side-by-Side Garbi Model 103A, B
Side-by-Side Garbi Model 200
Side-by-Side Bill Hanus Birdgun
Doubles Hatfield Uplander Shotgun
Merkel Model 8, 47E Side-by-Side
Shotguns Merkel Model 47LSC
Sporting Clays Double Merkel
Model 47S, 147S Side-by-Sides
Parker Reproductions Side-by-Side
Piotti King No. 1 Side-by-Side
Piotti Lunik Side-by-Side Piotti
King Extra Side-by-Side Piotti
Piuma Side-by-Side Precision
Sports Model 600 Series Doubles
Rizzini Boxlock Side-by-Side
Rizzini Sidelock Side-by-Side
Stoeger/IGA Uplander Side-by-Side
Shotgun Ugartechea 10-Ga. Magnum
Shotgun
Shotguns:
Bolt Actions & Single
Shots
Armsport
Single Barrel Shotgun Browning
BT-99 Competition Trap Special
Browning BT-99 Plus Trap Gun
Browning BT-99 Plus Micro
Browning Recoilless Trap Shotgun
Browning Micro Recoilless Trap
Shotgun Desert Industries Big
Twenty Shotgun Harrington
& Richardson Topper Model
098 Harrington &
Richardson Topper Classic Youth
Shotgun Harrington &
Richardson N.W.T.F. Turkey Mag
Harrington & Richardson
Topper Deluxe Model 098 Krieghoff
KS-5 Trap Gun Krieghoff KS-5
Special Krieghoff K-80 Single
Barrel Trap Gun Ljutic Mono Gun
Single Barrel Ljutic LTX Super
Deluxe Mono Gun Ljutic Recoilless
Space Gun Shotgun Marlin Model 55
Goose Gun Bolt Action New England
Firearms Turkey and Goose Gun New
England Firearms N.W.T.F. Shotgun
New England Firearms Tracker Slug
Gun New England Firearms Standard
Pardner New England Firearms
Survival Gun Perazzi TM1 Special
Single Trap Remington 90-T Super
Single Shotgun Snake Charmer II
Shotgun Stoeger/IGA Reuna Single
Barrel Shotgun Thompson/Center
TCR '87 Hunter
Shotgun.
Back
To Table of
Contents
Sec.
923. Licensing
(a) No person
shall engage in the business of
importing, manufacturing, or
dealing in firearms, or importing
or manufacturing ammunition,
until he has filed an application
with and received a license to do
so from the Secretary. The
application shall be in such form
and contain only that information
necessary to determine
eligibility for licensing as the
Secretary shall by regulation
prescribe and shall include a
photograph and fingerprints of
the applicant.Each applicant
shall pay a fee for obtaining
such a license, a separate fee
being required for each place in
which the applicant is to do
business, as follows:
(1) If the
applicant is a
manufacturer:
(A) of
destructive devices, ammunition
for destructive devices or armor
piercing ammunition, a fee of
$1,000 per year;
(B) of
firearms other than destructive
devices, a fee of $50 per
year;or
(C) of
ammunition for firearms, other
than ammunition for destructive
devices or armor piercing
ammunition, a fee of $10 per
year.
(2) If the
applicant is an
importer:
(A) of
destructive devices, ammunition
for destructive devices or armor
piercing ammunition, a fee of
$1,000 per year;or
(B) of
firearms other than destructive
devices or ammunition for
firearms other than destructive
devices, or ammunition other than
armor piercing ammunition, a fee
of $50 per year.
(3) If the
applicant is a dealer:
(A) in
destructive devices or ammunition
for destructive devices, a fee
of$1,000 per year;or
(B) who is not
a dealer in destructive devices,
a fee of $200 for 3 years, except
that the fee for renewal of a
valid license shall be $90 for 3
years.
(b) Any person
desiring to be licensed as a
collector shall file an
application for such license with
the Secretary.The application
shall be in such form and contain
only that information necessary
to determine eligibility as the
Secretary shall by regulation
prescribe.The fee for such
license shall be $10 per year.Any
license granted under this
subsection shall only apply to
transactions in curios and
relics.
(c) Upon the
filing of a proper application
and payment of the prescribed
fee, the Secretary shall issue to
a qualified applicant the
appropriate license which,
subject to the provisions of this
chapter and other applicable
provisions of law, shall entitle
the licensee to transport, ship,
and receive firearms and
ammunition covered by such
license in interstate or foreign
commerce during the period stated
in the license.Nothing in this
chapter shall be construed to
prohibit a licensed manufacturer,
importer, or dealer from
maintaining and disposing of a
personal collection of firearms,
subject only to such restrictions
as apply in this chapter to
dispositions by a person other
than a licensed manufacturer,
importer, or dealer.If any
firearm is so disposed of by a
licensee within one year after
its transfer from his business
inventory into such licensee's
personal collection or if such
disposition or any other
acquisition is made for the
purpose of willfully evading the
restrictions placed upon
licensees by this chapter, then
such firearm shall be deemed part
of such licensee's business
inventory, except that any
licensed manufacturer, importer,
or dealer who has maintained a
firearm as part of a personal
collection for one year and who
sells or otherwise disposes of
such firearm shall record the
description of the firearm in a
bound volume, containing the name
and place of residence and date
of birth of the transferee if the
transferee is an individual, or
the identity and principal and
local places of business of the
transferee if the transferee is a
corporation or other business
entity:Provided, That no other
recordkeeping shall be
required.
(d) (1) Any
application submitted under
subsection (a) or (b) of this
section shall be approved
if:
(A) the
applicant is twenty-one years of
age or over;
(B) the
applicant (including, in the case
of a corporation, partnership, or
association, any individual
possessing, directly or
indirectly, the power to direct
or cause the direction of the
management and policies of the
corporation, partnership, or
association) is not prohibited
from transporting, shipping, or
receiving firearms or ammunition
in interstate or foreign commerce
under section 922(g) and (n) of
this chapter;
(C) the
applicant has not willfully
violated any of the provisions of
this chapter or regulations
issued thereunder;
(D) the
applicant has not willfully
failed to disclose any material
information required, or has not
made any false statement as to
any materialfact, in connection
with his application;
(E) the
applicant has in a State (i)
premises from which he conducts
business subject to license under
this chapter or from which he
intends to conduct such business
within a reasonable period of
time, or (ii) in the case of a
collector, premises from which he
conducts his collecting subject
to license under this chapter or
from which he intends to conduct
such collecting within a
reasonable period of
time;
(F) the
applicant certifies
that:
(I) the
business to be conducted under
the license is not prohibited by
State or local law in the place
where the licensed premise is
located;
(ii) (I)
within 30 days after the
application is approved the
business will comply with the
requirements of State and local
law applicable to the conduct of
the business;and
(II) the
business will not be conducted
under the license until the
requirements of State and local
law applicable to the business
have been met;and
(iii) that the
applicant has sent or delivered a
form to be prescribed by the
Secretary, to the chief law
enforcement officer of the
locality in which the premises
are located, which indicates that
the applicant intends to apply
for a Federal firearms license;
and
(G) in the
case of an application to be
licensed as a dealer, the
applicant certifies that secure
gun storage or safety devices
will be available at any place in
which firearms are sold under the
license to persons who are not
licensees (subject to the
exception that in any case in
which a secure gun storage or
safety device is temporarily
unavailable because of theft,
casualtyloss, consumer sales,
backorders from a manufacturer,
or any other similar reason
beyond the control of the
licensee, the dealer shall not be
considered to be in violation of
the requirement under this
subparagraph to make available
such a device).3
(2) The
Secretary must approve or deny an
application for a license within
the 60-day period beginning on
the date it is received.If the
Secretary fails to act within
such period, the applicant may
file an action under section 1361
of title 28 to compel the
Secretary to act.If the Secretary
approves an applicant's
application, such applicant shall
be issued a license upon the
payment of the prescribed
fee.
(e) The
Secretary may, after notice and
opportunity for hearing, revoke
any license issued under this
section if the holder of such
license has willfully violated
any provision of this chapter or
any rule or regulation prescribed
by the Secretary under this
chapter or fails to have secure
gun storage or safety devices
available at any place in which
firearms are sold under the
license to persons who are not
licensees (except that in any
case in which a secure gun
storage or safety device is
temporarily unavailable because
of theft, casualty loss, consumer
sales, backorders from a
manufacturer, or any other
similar reason beyond the control
of the licensee, the dealer shall
not be considered to be in
violation of the requirement to
make available such a device).The
Secretary may, after notice and
opportunity for hearing, revoke
the license of a dealer who
willfully transfers armor
piercing ammunition.The
Secretary's action under this
subsection may be reviewed only
as provided in subsection (f) of
this section.
(f) (1) Any
person whose application for a
license is denied and any holder
of a license which is revoked
shall receive a written notice
from the Secretary stating
specifically the grounds upon
which the application was denied
or upon which the license was
revoked.Any notice of a
revocation of a license shall be
given to the holder of such
license before the effective date
of the revocation.
(2) If the
Secretary denies an application
for, or revokes, a license, he
shall, upon request by the
aggrieved party, promptly hold a
hearing to review his denial or
revocation.In the case of a
revocation of a license, the
Secretary shall upon the request
of the holder of the license stay
the effective date of the
revocation.A hearing held under
this paragraph shall be held at a
location convenient to the
aggrieved party.
(3) If after a
hearing held under paragraph (2)
the Secretary decides not to
reverse his decision to deny an
application or revoke a license,
the Secretary shall give notice
of his decision to the aggrieved
party.The aggrieved party may at
any time within sixty days after
the date notice was given under
this paragraph file a petition
with the United States district
court for the district in which
he resides or has his principal
place of business for a de novo
judicial review of such denial or
revocation.In a proceeding
conducted under this subsection,
the court may consider any
evidence submitted by the parties
to the proceeding whether or not
such evidence was considered at
the hearing held under paragraph
(2).If the court decides that the
Secretary was not authorized to
deny the application or to revoke
the license, the court shall
order the Secretary to take such
action as may be necessary to
comply with the judgment of the
court.
(4) If
criminal proceedings are
instituted against a licensee
alleging any violation of this
chapter or of rules or
regulations prescribed under this
chapter, and the licensee is
acquitted of such charges, or
such proceedings are terminated,
other than upon motion of the
Government before trial upon such
charges, the Secretary shall be
absolutely barred from denying or
revoking any license granted
under this chapter where such
denial or revocation is based in
whole or in part on the facts
which form the basis of such
criminal charges. No proceedings
for the revocation of a license
shall be instituted by the
Secretary more than one year
after the filing of the
indictment or
information.
(g) (1) (A)
Each licensed importer, licensed
manufacturer, and licensed dealer
shall maintain such records of
importation, production,
shipment, receipt, sale, or other
disposition of firearms at his
place of business for such
period, and in such form, as the
Secretary may by regulations
prescribe.Such importers,
manufacturers, and dealers shall
not be required to submit to the
Secretary reports and information
with respect to such records and
the contents thereof, except as
expressly required by this
section.The Secretary, when he
has reasonable cause to believe a
violation of this chapter has
occurred and that evidence
thereof may be found on such
premises, may, upon demonstrating
such cause before a Federal
magistrate and securing from such
magistrate a warrant authorizing
entry, enter during business
hours the premises (including
places of storage) of any
licensed firearms importer,
licensed manufacturer, licensed
dealer, licensed collector, or
any licensed importer or
manufacturer of ammunition, for
the purpose of inspecting or
examining:
(i) any
records or documents required to
be kept by such licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector under this chapter or
rules or regulations under this
chapter, and
(ii) any
firearms or ammunition kept or
stored by such licensed importer,
licensed manufacturer, licensed
dealer, or licensed collector, at
such premises.
(B) The
Secretary may inspect or examine
the inventory and records of a
licensed importer, licensed
manufacturer, or licensed dealer
without such reasonable cause or
warrant:
(i) in the
course of a reasonable inquiry
during the course of a criminal
investigation of a person or
persons other than the
licensee;
(ii) for
ensuring compliance with the
record keeping requirements of
this chapter:
(I) not more
than once during any 12-month
period;or
(II) at any
time with respect to records
relating to a firearm involved in
a criminal investigation that is
traced to the
licensee;or
(iii) when
such inspection or examination
may be required for determining
the disposition of one or more
particular firearms in the course
of a bona fide criminal
investigation.
(C) The
Secretary may inspect the
inventory and records of a
licensed collector without such
reasonable cause or
warrant:
(i) for
ensuring compliance with the
record keeping requirements of
this chapter not more than once
during any twelve- month
period;or
(ii) when such
inspection or examination may be
required for determining the
disposition of one or more
particular firearms in the course
of a bona fide criminal
investigation.
(D) At the
election of a licensed collector,
the annual inspection of records
and inventory permitted under
this paragraph shall be performed
at the office of the Secretary
designated for such inspections
which is located in closest
proximity to the premises where
the inventory and records of such
licensed collector are
maintained.The inspection and
examination authorized by this
paragraph shall not be construed
as authorizing the Secretary to
seize any records or other
documents other than those
records or documents constituting
material evidence of a violation
of law.If the Secretary seizes
such records or documents, copies
shall be provided the licensee
within a reasonable time. The
Secretary may make available to
any Federal, State, or local law
enforcement agency any
information which he may obtain
by reason of this chapter with
respect to the identification of
persons prohibited from
purchasing or receiving firearms
or ammunition who have purchased
or received firearms or
ammunition, together with a
description of such firearms or
ammunition, and he may provide
information to the extent such
information may be contained in
the records required to be
maintained by this chapter, when
so requested by any Federal,
State, or local law enforcement
agency.
(2) Each
licensed collector shall maintain
in a bound volume the nature of
which the Secretary may by
regulations prescribe, records of
the receipt, sale, or other
disposition of firearms.Such
records shall include the name
and address of any person to whom
the collector sells or otherwise
disposes of a firearm.Such
collector shall not be required
to submit to the Secretary
reports and information with
respect to such records and the
contents thereof, except as
expressly required by this
section.
(3) (A) Each
licensee shall prepare a report
of multiple sales or other
dispositions whenever the
licensee sells or otherwise
disposes of, at one time or
during any five consecutive
business days, two or more
pistols, or revolvers, or any
combination of pistols and
revolvers totalling two or more,
to an unlicensed person.The
report shall be prepared on a
form specified by the Secretary
and forwarded to the office
specified thereon and to the
department of State police or
State law enforcement agency of
the State or local law
enforcement agency of the local
jurisdiction in which the sale or
other disposition took place, not
later than the close of business
on the day that the multiple sale
or other disposition
occurs.
(B) Except in
the case of forms and contents
thereof regarding a purchaser who
is prohibited by subsection (g)
or (n) of section 922 of this
title from receipt of a firearm,
the department of State police or
State law enforcement agency or
local law enforcement agency of
the local jurisdiction shall not
disclose any such form or the
contents thereof to any person or
entity, and shall destroy each
such form and any record of the
contents thereof no more than 20
days from the date such form is
received.No later than the date
that is 6 months after the
effective date of this
subparagraph, and at the end of
each 6-month period thereafter,
the department of State police or
State law enforcement agency or
local law enforcement agency of
the local jurisdiction shall
certify to the Attorney General
of the United States that no
disclosure contrary to this
subparagraph has been made and
that all forms and any record of
the contents thereof have been
destroyed as provided in this
subparagraph.
(4) Where a
firearms or ammunition business
is discontinued and succeeded by
a new licensee, the records
required to be kept by this
chapter shall appropriately
reflect such facts and shall be
delivered to the successor. Where
discontinuance of the business is
absolute, such records shall be
delivered within thirty days
after the business discontinuance
to the Secretary.However, where
State law or local ordinance
requires the delivery of records
to other responsible authority,
the Secretary may arrange for the
delivery of such records to such
other responsible
authority.
(5) (A) Each
licensee shall, when required by
letter issued by the Secretary,
and until notified to the
contrary in writing by the
Secretary, submit on a form
specified by the Secretary, for
periods and at the times
specified in such letter, all
record information required to be
kept by this chapter or such
lesser record information as the
Secretary in such letter may
specify.
(B) The
Secretary may authorize such
record information to be
submitted in a manner other than
that prescribed in subparagraph
(A) of this paragraph when it is
shown by a licensee that an
alternate method of reporting is
reasonably necessary and will not
unduly hinder the effective
administration of this chapter.A
licensee may use an alternate
method of reporting if the
licensee describes the proposed
alternate method of reporting and
the need therefor in a letter
application submitted to the
Secretary, and the Secretary
approves such alternate method of
reporting.
(6) Each
licensee shall report the theft
or loss of a firearm from the
licensee's inventory or
collection, within 48 hours after
the theft or loss is discovered,
to the Secretary and to the
appropriate local
authorities.
(7) Each
licensee shall respond
immediately to, and in no event
later than 24 hours after the
receipt of, a request by the
Secretary for information
contained in the records required
to be kept by this chapter as may
be required for determining the
disposition of 1 or more firearms
in the course of a bona fide
criminal investigation.The
requested information shall be
provided orally or in writing, as
the Secretary may require.The
Secretary shall implement a
system whereby the licensee can
positively identify and establish
that an individual requesting
information via telephone is
employed by and authorized by the
agency to request such
information.
(h) Licenses
issued under the provisions of
subsection (c) of this section
shall be kept posted and kept
available for inspection on the
premises covered by the
license.
(i) Licensed
importers and licensed
manufacturers shall identify, by
means of a serial number engraved
or cast on the receiver or frame
of the weapon, in such manner as
the Secretary shall by
regulations prescribe, each
firearm imported or manufactured
by such importer or
manufacturer.The serial number of
any semiautomatic assault weapon
manufactured after the date of
the enactment of this sentence
shall clearly show the date on
which the weapon was
manufactured.A large capacity
ammunition feeding device
manufactured after the date of
the enactment of this sentence
shall be identified by a serial
number that clearly shows that
the device was manufactured or
imported after the effective date
of this subsection, and such
other identification as the
Secretary may by regulation
prescribe.
(j) A licensed
importer, licensed manufacturer,
or licensed dealer may, under
rules or regulations prescribed
by the Secretary, conduct
business temporarily at a
location other than the location
specified on the license if such
temporary location is the
location for a gun show or event
sponsored by any national, State,
or local organization, or any
affiliate of any such
organization devoted to the
collection, competitive use, or
other sporting use of firearms in
the community, and such location
is in the State which is
specified on the license.Records
of receipt and disposition of
firearms transactions conducted
at such temporary location shall
include the location of the sale
or other disposition and shall be
entered in the permanent records
of the licensee and retained on
the location specified on the
license.Nothing in this
subsection shall authorize any
licensee to conduct business in
or from any motorized or towed
vehicle.Notwithstanding the
provisions of subsection (a) of
this section, a separate fee
shall not be required of a
licensee with respect to business
conducted under this
subsection.Any inspection or
examination of inventory or
records under this chapter by the
Secretary at such temporary
location shall be limited to
inventory consisting of, or
records relating to, firearms
held or disposed at such
temporary location.Nothing in
this subsection shall be
construed to authorize the
Secretary to inspect or examine
the inventory or records of a
licensed importer, licensed
manufacturer, or licensed dealer
at any location other than the
location specified on the
license.Nothing in this
subsection shall be construed to
diminish in any manner any right
to display, sell, or otherwise
dispose of firearms or
ammunition, which is in effect
before the date of the enactment
of the Firearms Owners'
Protection Act, including the
right of a licensee to conduct
"curios or relics" firearms
transfers and business away from
their business premises with
another licensee without regard
as to whether the location of
where the business is conducted
is located in the State specified
on the license of either
licensee.
(k) Licensed
importers and licensed
manufacturers shall mark all
armor piercing projectiles and
packages containing such
projectiles for distribution in
the manner prescribed by the
Secretary by regulation.The
Secretary shall furnish
information to each dealer
licensed under this chapter
defining which projectiles are
considered armor piercing
ammunition as defined in section
921(a)(17)(B).
(l) The
Attorney General shall notify the
chief law enforcement officer in
the appropriate State and local
jurisdictions of the names and
addresses of all persons in the
State to whom a firearms license
is issued.
Back
To Table of
Contents
Sec.
924. Penalties
(a) (1) Except
as otherwise provided in this
subsection, subsection (b), (c),
or (f) of this section, or in
section 929, whoever:
(A) knowingly
makes any false statement or
representation with respect to
the information required by this
chapter to be kept in the records
of a person licensed under this
chapter or in applying for any
license or exemption or relief
from disability under the
provisions of this
chapter;
(B) knowingly
violates subsection (a)(4), (f),
(k), (r), (v), or (w) of section
922;
(C) knowingly
imports or brings into the United
States or any possession thereof
any firearm or ammunition in
violation of section
922(l);or
(D) willfully
violates any other provision of
this chapter, shall be fined
under this title, imprisoned not
more than five years, or
both.
(2) Whoever
knowingly violates subsection
(a)(6), (d), (g), (h), (i), (j),
or(o) of section 922 shall be
fined as provided in this title,
imprisoned not more than 10
years, or both.
(3) Any
licensed dealer, licensed
importer, licensed manufacturer,
or licensed collector who
knowingly:
(A) makes any
false statement or representation
with respect to the information
required by the provisions of
this chapter to be kept in the
records of a person licensed
under this chapter, or
(B) violates
subsection (m) of section 922,
shall be fined under this title,
imprisoned not more than one
year, or both.
(4) Whoever
violates section 922(q) shall be
fined under this title,
imprisoned for not more than 5
years, or both.Notwithstanding
any other provision of law, the
term of imprisonment imposed
under this paragraph shall not
run concurrently with any other
term of imprisonment imposed
under any other provision of
law.Except for the authorization
of a term of imprisonment of not
more than 5 years made in this
paragraph, for the purpose of any
other law a violation of section
922(q) shall be deemed to be a
misdemeanor.
(5) Whoever
knowingly violates subsection (s)
or (t) of section 922 shall be
fined under this title,
imprisoned for not more than 1
year, or both.
(6) (A) (i) A
juvenile who violates section
922(x) shall be fined under this
title, imprisoned not more than 1
year, or both, except that a
juvenile described in clause (ii)
shall be sentenced to probation
on appropriate conditions and
shall not be incarcerated unless
the juvenile fails to comply with
a condition of
probation.
(ii) A
juvenile is described in this
clause if:
(I) the
offense of which the juvenile is
charged is possession of a
handgun or ammunition in
violation of section
922(x)(2);and
(II) the
juvenile has not been convicted
in any court of an
offense(including an offense
under section 922(x) or a similar
State law, but not including any
other offense consisting of
conduct that if engaged in by an
adult would not constitute an
offense) or adjudicated as a
juvenile delinquent for conduct
that if engaged in by an adult
would constitute an
offense.
(B) A person
other than a juvenile who
knowingly violates section
922(x):
(i) shall be
fined under this title,
imprisoned not more than 1 year,
or both;and
(ii) if the
person sold, delivered, or
otherwise transferred a handgun
orammunition to a juvenile
knowing or having reasonable
cause to know that the juvenile
intended to carry or otherwise
possess or discharge or otherwise
use the handgun or ammunition in
the commission of a crime of
violence, shall be fined under
this title, imprisoned not more
than 10 years, or
both.
(b) Whoever,
with intent to commit therewith
an offense punishable by
imprisonment for a term exceeding
one year, or with knowledge or
reasonable cause to believe that
an offense punishable by
imprisonment for a term exceeding
one year is to be committed
therewith, ships, transports, or
receives a firearm or any
ammunition in interstate or
foreign commerce shall be fined
under this title, or imprisoned
not more than ten years, or
both.
(c) (1)
Whoever, during and in relation
to any crime of violence or drug
trafficking crime (including a
crime of violence or drug
trafficking crime which provides
for an enhanced punishment if
committed by the use of a deadly
or dangerous weapon or device)
for which he may be prosecuted in
a court of the United States,
uses or carries a firearm, shall,
in addition to the punishment
provided for such crime of
violence or drug trafficking
crime, be sentenced to
imprisonment for five years, and
if the firearm is a
short-barreled rifle,
short-barreled shotgun, or
semiautomatic assault weapon, to
imprisonment for ten years, and
if the firearm is a machinegun,
or a destructive device, or is
equipped with a firearm silencer
or firearm muffler, to
imprisonment for thirty years.In
the case of his second or
subsequent conviction under this
subsection, such person shall be
sentenced to imprisonment for
twenty years, and if the firearm
is a machinegun, or a destructive
device, or is equipped with a
firearm silencer or firearm
muffler, to life imprisonment
without release.Notwithstanding
any other provision of law, the
court shall not place on
probation or suspend the sentence
of any person convicted of a
violation of this subsection, nor
shall the term of imprisonment
imposed under this subsection run
concurrently with any other term
of imprisonment including that
imposed for the crime of violence
or drug trafficking crime in
which the firearm was used or
carried.
(2) For
purposes of this subsection, the
term "drug trafficking crime"
means any felony punishable under
the Controlled Substances Act (21
U.S.C. 801 et seq.), the
Controlled Substances Import and
Export Act (21 U.S.C. 951 et
seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App.
1901 et seq.).
(3) For
purposes of this subsection the
term "crime of violence" means an
offense that is a felony
and:
(A) has as an
element the use, attempted use,
or threatened use of physical
force against the person or
property of another,
or
(B) that by
its nature, involves a
substantial risk that physical
forceagainst the person or
property of another may be used
in the course of committing the
offense.
(d) (1) Any
firearm or ammunition involved in
or used in any knowing violation
of subsection (a)(4), (a)(6),
(f), (g), (h), (i), (j), or (k)
of section 922, or knowing
importation or bringing into the
United States or any possession
thereof any firearm or ammunition
in violation of section 922(l),
or knowing violation of section
924, or willful violation of any
other provision of this chapter
or any rule or regulation
promulgated thereunder, or any
violation of any other criminal
law of the United States, or any
firearm or ammunition intended to
be used in any offense referred
to in paragraph (3) of this
subsection, where such intent is
demonstrated by clear and
convincing evidence, shall be
subject to seizure and
forfeiture, and all provisions of
the Internal Revenue Code of 1954
relating to the seizure,
forfeiture, and disposition of
firearms, as defined in section
5845(a) of that Code, shall, so
far as applicable, extend to
seizures and forfeitures under
the provisions of this
chapter:Provided, That upon
acquittal of the owner or
possessor, or dismissal of the
charges against him other than
upon motion of the Government
prior to trial, or lapse of or
court termination of the
restraining order to which he is
subject, the seized or
relinquished firearms or
ammunition shall be returned
forthwith to the owner or
possessor or to a person
delegated by the owner or
possessor unless the return of
the firearms or ammunition would
place the owner or possessor or
his delegate in violation of
law.Any action or proceeding for
the forfeiture of firearms or
ammunition shall be commenced
within one hundred and twenty
days of such seizure.
(2) (A) In any
action or proceeding for the
return of firearms or ammunition
seized under the provisions of
this chapter, the court shall
allow the prevailing party, other
than the United States, a
reasonable attorney's fee, and
the United States shall be liable
therefor.
(B) In any
other action or proceeding under
the provisions of this chapter,
the court, when it finds that
such action was without
foundation, or was initiated
vexatiously, frivolously, or in
bad faith, shall allow the
prevailing party, other than the
United States, a reasonable
attorney's fee, and the United
States shall be liable
therefor.
(C) Only those
firearms or quantities of
ammunition particularly named and
individually identified as
involved in or used in any
violation of the provisions of
this chapter or any rule or
regulation issued thereunder, or
any other criminal law of the
United States or as intended to
be used in any offense referred
to in paragraph (3) of this
subsection, where such intent is
demonstrated by clear and
convincing evidence, shall be
subject to seizure, forfeiture,
and disposition.
(D) The United
States shall be liable for
attorneys' fees under this
paragraph only to the extent
provided in advance by
appropriation Acts.
(3) The
offenses referred to in
paragraphs (1) and (2)(C) of this
subsection are:
(A) any crime
of violence, as that term is
defined in section 924(c)(3) of
this title;
(B) any
offense punishable under the
Controlled Substances Act (21
U.S.C. 801 et seq.) or the
Controlled Substances Import and
Export Act (21 U.S.C. 951 et
seq.);
(C) any
offense described in section
922(a)(1), 922(a)(3), 922(a)(5),
or 922(b)(3) of this title, where
the firearm or ammunition
intended to be used in any such
offense is involved in a pattern
of activities which includes a
violation of any offense
described in section 922(a)(1),
922(a)(3), 922(a)(5), or
922(b)(3) of this
title;
(D) any
offense described in section
922(d) of this title where the
firearm or ammunition is intended
to be used in such offense by the
transferor of such firearm or
ammunition;
(E) any
offense described in section
922(i), 922(j), 922(l), 922(n),
or 924(b) of this
title;and
(F) any
offense which may be prosecuted
in a court of the United States
whichinvolves the exportation of
firearms or
ammunition.
(e)(1) In the
case of a person who violates
section 922(g) of this title and
has three previous convictions by
any court referred to in section
922(g)(1) of this title for a
violent felony or a serious drug
offense, or both, committed on
occasions different from one
another, such person shall be
fined not more than $25,000 and
imprisoned not less than fifteen
years, and, notwithstanding any
other provision of law, the court
shall not suspend the sentence
of, or grant a probationary
sentence to, such person with
respect to the conviction under
section 922(g).
(2) As used in
this subsection:
(A) the term
"serious drug offense"
means:
(i) an offense
under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the
Controlled Substances Import and
Export Act (21 U.S.C. 951 et
seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App.
1901 et seq.), for which a
maximum term of imprisonment of
ten years or more is prescribed
by law;or
(ii) an
offense under State law,
involving manufacturing,
distributing, or possessing with
intent to manufacture or
distribute, a controlled
substance (as defined in section
102 of the Controlled Substances
Act (21 U.S.C. 802)), for which a
maximum term of imprisonment of
ten years or more is prescribed
by law;
(B) the term
"violent felony" means any crime
punishable by imprisonment for a
term exceeding one year, or any
act of juvenile delinquency
involving the use or carrying of
a firearm, knife, or destructive
device that would be punishable
by imprisonment for such term if
committed by an adult,
that:
(i) has as an
element the use, attempted use,
or threatened use of physical
force against the person of
another;or
(ii) is
burglary, arson, or extortion,
involves use of explosives, or
otherwise involves conduct that
presents a serious potential risk
of physical injury to
another;and
(C) the term
"conviction" includes a finding
that a person has committed an
act of juvenile delinquency
involving a violent
felony.
(f) In the
case of a person who knowingly
violates section 922(p), such
person shall be fined under this
title, or imprisoned not more
than 5 years, or both.
(g) Whoever,
with the intent to engage in
conduct which:
(1)
constitutes an offense listed in
section 1961(1),
(2) is
punishable under the Controlled
Substances Act (21 U.S.C. 802 et
seq.), the Controlled Substances
Import and Export Act (21 U.S.C.
951 et seq.), or the Maritime
Drug Law Enforcement Act (46
U.S.C. App. 1901 et
seq.),
(3) violates
any State law relating to any
controlled substance (as defined
in section 102(6) of the
Controlled Substances Act (21
U.S.C. 802(6))), or
(4)
constitutes a crime of violence
(as defined in subsection
(c)(3)), travels from any State
or foreign country into any other
State and acquires, transfers, or
attempts to acquire or transfer,
a firearm in such other State in
furtherance of such purpose,
shall be imprisoned not more than
10 years, fined in accordance
with this title, or
both.
(h) Whoever
knowingly transfers a firearm,
knowing that such firearm will be
used to commit a crime of
violence (as defined in
subsection (c)(3)) or drug
trafficking crime (as defined in
subsection (c)(2)) shall be
imprisoned not more than 10
years, fined in accordance with
this title, or both.
(i) (1) A
person who knowingly violates
section 922(u) shall be fined
under this title, imprisoned not
more than 10 years, or
both.
(2) Nothing
contained in this subsection
shall be construed as indicating
an intent on the part of Congress
to occupy the field in which
provisions of this subsection
operate to the exclusion of State
laws on the same subject matter,
nor shall any provision of this
subsection be construed as
invalidating any provision of
State law unless such provision
is inconsistent with any of the
purposes of this
subsection.
(j) A person
who, in the course of a violation
of subsection (c), causes the
death of a person through the use
of a firearm, shall:
(1) if the
killing is a murder (as defined
in section 1111), be punished by
death or by imprisonment for any
term of years or for
life;and
(2) if the
killing is manslaughter (as
defined in section 1112), be
punished as provided in that
section.
(k) A person
who, with intent to engage in or
to promote conduct
that:
(1) is
punishable under the Controlled
Substances Act (21 U.S.C. 801 et
seq.), the Controlled Substances
Import and Export Act (21 U.S.C.
951 et seq.), or the Maritime
Drug Law Enforcement Act (46
U.S.C. App. 1901 et
seq.);
(2) violates
any law of a State relating to
any controlled substance (as
defined in section 102 of the
Controlled Substances Act, 21
U.S.C. 802); or
(3)
constitutes a crime of violence
(as defined in subsection
(c)(3)), smuggles or knowingly
brings into the United States a
firearm, or attempts to do so,
shall be imprisoned not more than
10 years, fined under this title,
or both.
(l) A person
who steals any firearm which is
moving as, or is a part of, or
which has moved in, interstate or
foreign commerce shall be
imprisoned for not more than 10
years, fined under this title, or
both.
(m) A person
who steals any firearm from a
licensed importer, licensed
manufacturer, licensed dealer, or
licensed collector shall be fined
under this title, imprisoned not
more than 10 years, or
both.
(n) A person
who, with the intent to engage in
conduct that constitutes a
violation of section
922(a)(1)(A), travels from any
State or foreign country into any
other State and acquires, or
attempts to acquire, a firearm in
such other State in furtherance
of such purpose shall be
imprisoned for not more than 10
years.
(o) A person
who conspires to commit an
offense under subsection (c)
shall be imprisoned for not more
than20 years, fined under this
title, or both;and if the firearm
is a machinegun or destructive
device, or is equipped with a
firearm silencer or muffler,
shall be imprisoned for any term
of years or life.
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Sec.
925. Exceptions:Relief from
disabilities
(a) (1) The
provisions of this chapter,
except for sections 922(d)(9) and
922(g)(9) and provisions relating
to firearms subject to the
prohibitions of section 922(p),
shall not apply with respect to
the transportation, shipment,
receipt, possession, or
importation of any firearm or
ammunition imported for, sold or
shipped to, or issued for the use
of, the United States or any
department or agency thereof or
any State or any department,
agency, or political subdivision
thereof.
(2) The
provisions of this chapter shall
not apply with respect to (A) the
shipment or receipt of firearms
or ammunition when sold or issued
by the Secretary of the Army
pursuant to section 4308 of title
10, before the repeal of such
section by section 1624(a) of the
Corporation for the Promotion of
Rifle Practice and Firearms
Safety Act, and (B) the
transportation of any such
firearm or ammunition carried out
to enable a person, who lawfully
received such firearm or
ammunition from the Secretary of
the Army, to engage in military
training or in
competitions.
(3) Unless
otherwise prohibited by this
chapter or any other Federal law,
a licensed importer, licensed
manufacturer, or licensed dealer
may ship to a member of the
United States Armed Forces on
active duty outside the United
States or to clubs, recognized by
the Department of Defense, whose
entire membership is composed of
such members, and such members or
clubs may receive a firearm or
ammunition determined by the
Attorney General to be generally
recognized as particularly
suitable for sporting purposes
and intended for the personal use
of such member or
club.
(4) When
established to the satisfaction
of the Secretary to be consistent
with the provisions of this
chapter and other applicable
Federal and State laws and
published ordinances, the
Secretary may authorize the
transportation, shipment,
receipt, or importation into the
United States to the place of
residence of any member of the
United States Armed Forces who is
on active duty outside the United
States (or who has been on active
duty outside the United States
within the sixty day period
immediately preceding the
transportation, shipment,
receipt, or importation), of any
firearm or ammunition which is
(A) determined by the Secretary
to be generally recognized as
particularly suitable for
sporting purposes, or determined
by the Department of Defense to
be a type of firearm normally
classified as a war souvenir, and
(B) intended for the personal use
of such member.
(5) For the
purpose of paragraph (3) of this
subsection, the term "United
States" means each of the several
States and the District of
Columbia.
(b) A licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector who is indicted for a
crime punishable by imprisonment
for a term exceeding one year,
may, notwithstanding any other
provision of this chapter,
continue operation pursuant to
his existing license (if prior to
the expiration of the term of the
existing license timely
application is made for a new
license) during the term of such
indictment and until any
conviction pursuant to the
indictment becomes
final.
(c) A person
who is prohibited from
possessing, shipping,
transporting, or receiving
firearms or ammunition may make
application to the Secretary for
relief from the disabilities
imposed by Federal laws with
respect to the acquisition,
receipt, transfer, shipment,
transportation, or possession of
firearms, and the Secretary may
grant such relief if it is
established to his satisfaction
that the circumstances regarding
the disability, and the
applicant's record and
reputation, are such that the
applicant will not be likely to
act in a manner dangerous to
public safety and that the
granting of the relief would not
be contrary to the public
interest.Any person whose
application for relief from
disabilities is denied by the
Secretary may file a petition
with the United States district
court for the district in which
he resides for a judicial review
of such denial.The court may in
its discretion admit additional
evidence where failure to do so
would result in a miscarriage of
justice.A licensed importer,
licensed manufacturer, licensed
dealer, or licensed collector
conducting operations under this
chapter, who makes application
for relief from the disabilities
incurred under this chapter,
shall not be barred by such
disability from further
operations under his license
pending final action on an
application for relief filed
pursuant to this section.Whenever
the Secretary grants relief to
any person pursuant to this
section he shall promptly publish
in the Federal Register notice of
such action, together with the
reasons therefor.
(d) The
Secretary shall authorize a
firearm or ammunition to be
imported or brought into the
United States or any possession
thereof if the firearm or
ammunition:
(1) is being
imported or brought in for
scientific or research purposes,
or is for use in connection with
competition or training pursuant
to chapter 401of title
10;
(2) is an
unserviceable firearm, other than
a machinegun as defined insection
5845(b) of the Internal Revenue
Code of 1954 (not readily
restorable to firing condition),
imported or brought in as a curio
or museum piece;
(3) is of a
type that does not fall within
the definition of a firearm as
defined in section 5845(a) of the
Internal Revenue Code of 1954 and
is generally recognized as
particularly suitable for or
readily adaptable to sporting
purposes, excluding surplus
military firearms, except in any
case where the Secretary has not
authorized the importation of the
firearm pursuant to this
paragraph, it shall be unlawful
to import any frame, receiver, or
barrel of such firearm which
would be prohibited if
assembled;or
(4) was
previously taken out of the
United States or a possession by
the person who is bringing in the
firearm or ammunition.
The Secretary
shall permit the conditional
importation or bringing in of a
firearm or ammunition for
examination and testing in
connection with the making of a
determination as to whether the
importation or bringing in of
such firearm or ammunition will
be allowed under this
subsection.
(e)
Notwithstanding any other
provision of this title, the
Secretary shall authorize the
importation of, by any licensed
importer, the
following:
(1) All rifles
and shotguns listed as curios or
relics by the Secretary pursuant
to section 921(a)(13),
and
(2) All
handguns, listed as curios or
relics by the Secretary pursuant
to section 921(a)(13), provided
that such handguns are generally
recognized as particularly
suitable for or readily adaptable
to sporting purposes.
(f) In the
case of a person who knowingly
violates section 922(p), such
person shall be fined under this
title, or imprisoned not more
than 5 years, or both.
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Sec.925A.
Remedy for erroneous denial of
firearm
Any person
denied a firearm pursuant to
subsection (s) or (t) of section
922:
(1) due to the
provision of erroneous
information relating to the
person by any State or political
subdivision thereof, or by the
national instant criminal
background check system
established under section 103 of
the Brady Handgun Violence
Prevention Act;or
(2) who was
not prohibited from receipt of a
firearm pursuant to subsection(g)
or (n) of section 922, may bring
an action against the State or
political subdivision responsible
for providing the erroneous
information, or responsible for
denying the transfer, or against
the United States, as the case
may be, for an order directing
that the erroneous information be
corrected or that the transfer be
approved, as the case may be.In
any action under this section,
the court, in its discretion, may
allow the prevailing party a
reasonable attorney's fee as part
of the costs.
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Sec.
926. Rules and
regulations
(a) The
Secretary may prescribe only such
rules and regulations as are
necessary to carry out the
provisions of this chapter,
including:
(1)
regulations providing that a
person licensed under this
chapter, when dealing with
another person so licensed, shall
provide such other licensed
person a certified copy of this
license;
(2)
regulations providing for the
issuance, at a reasonable cost,
to a person licensed under this
chapter, of certified copies of
his license for use as provided
under regulations issued under
paragraph (1) of this
subsection;and
(3)
regulations providing for
effective receipt and secure
storage of firearms relinquished
by or seized from persons
described in subsection (d)(8)or
(g)(8) of section 922.
No such rule
or regulation prescribed after
the date of the enactment of the
Firearms Owners' Protection Act
may require that records required
to be maintained under this
chapter or any portion of the
contents of such records, be
recorded at or transferred to a
facility owned, managed, or
controlled by the United States
or any State or any political
subdivision thereof, nor that any
system of registration of
firearms, firearms owners, or
firearms transactions or
dispositions be
established.Nothing in this
section expands or restricts the
Secretary's authority to inquire
into the disposition of any
firearm in the course of a
criminal
investigation.
(b) The
Secretary shall give not less
than ninety days public notice,
and shall afford interested
parties opportunity for hearing,
before prescribing such rules and
regulations.
(c) The
Secretary shall not prescribe
rules or regulations that require
purchasers of black powder under
the exemption provided in section
845(a)(5) of this title to
complete affidavits or forms
attesting to that
exemption.
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Sec.
926A. Interstate transportation
of firearms
Notwithstanding
any other provision of any law or
any rule or regulation of a State
or any political subdivision
thereof, any person who is not
otherwise prohibited by this
chapter from transporting,
shipping, or receiving a firearm
shall be entitled to transport a
firearm for any lawful purpose
from any place where he may
lawfully possess and carry such
firearm to any other place where
he may lawfully possess and carry
such firearm if, during such
transportation the firearm is
unloaded, and neither the firearm
nor any ammunition being
transported is readily accessible
or is directly accessible from
the passenger compartment of such
transporting vehicle:Provided,
That in the case of a vehicle
without a compartment separate
from the driver's compartment the
firearm or ammunition shall be
contained in a locked container
other than the glove compartment
or console.
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Sec.
927. Effect on State
law
No provision
of this chapter shall be
construed as indicating an intent
on the part of the Congress to
occupy the field in which such
provision operates to the
exclusion of the law of any State
on the same subject matter,
unless there is a direct and
positive conflict between such
provision and the law of the
State so that the two cannot be
reconciled or consistently stand
together.
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Sec.
928. Separability
If any
provision of this chapter or the
application thereof to any person
or circumstance is held invalid,
the remainder of the chapter and
the application of such provision
to other persons not similarly
situated or to other
circumstances shall not be
affected thereby.
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Sec.
929. Use of restricted
ammunition
(a) (1)
Whoever, during and in relation
to the commission of a crime of
violence or drug trafficking
crime (including a crime of
violence or drug trafficking
crime which provides for an
enhanced punishment if committed
by the use of a deadly or
dangerous weapon or device) for
which he may be prosecuted in a
court of the United States, uses
or carries a firearm and is in
possession of armor piercing
ammunition capable of being fired
in that firearm, shall, in
addition to the punishment
provided for the commission of
such crime of violence or drug
trafficking crime be sentenced to
a term of imprisonment for not
less than five years.
(2) For
purposes of this subsection, the
term "drug trafficking crime"
means any felony punishable under
the Controlled Substances Act (21
U.S.C. 801 et seq.), the
Controlled Substances Import and
Export Act (21 U.S.C. 951 et
seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App.
1901 et seq.).
(b)
Notwithstanding any other
provision of law, the court shall
not suspend the sentence of any
person convicted of a violation
of this section, nor place the
person on probation, nor shall
the terms of imprisonment run
concurrently with any other terms
of imprisonment, including that
imposed for the crime in which
the armor piercing ammunition was
used or possessed.No person
sentenced under this section
shall be eligible for parole
during the term of imprisonment
imposed herein.
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Sec.
930. Possession of firearms and
dangerous weapons in Federal
facilities
(a) Except as
provided in subsection (d),
whoever knowingly possesses or
causes to be present a firearm or
other dangerous weapon in a
Federal facility (other than a
Federal court facility), or
attempts to do so, shall be fined
under this title or imprisoned
not more than 1 year, or
both.
(b) Whoever,
with intent that a firearm or
other dangerous weapon be used in
the commission of a crime,
knowingly possesses or causes to
be present such firearm or
dangerous weapon in a Federal
facility, or attempts to do so,
shall be fined under this title
or imprisoned not more than 5
years, or both.
(c) A person
who kills or attempts to kill any
person in the course of a
violation of subsection (a) or
(b), or in the course of an
attack on a Federal facility
involving the use of a firearm or
other dangerous weapon, shall be
punished as provided in sections
1111, 1112, and 1113.
(d) Subsection
(a) shall not apply
to:
(1) the lawful
performance of official duties by
an officer, agent, or employee of
the United States, a State, or a
political subdivision thereof,
who is authorized by law to
engage in or supervise the
prevention, detection,
investigation, or prosecution of
any violation of law;
(2) the
possession of a firearm or other
dangerous weapon by a Federal
official or a member of the Armed
Forces if such possession is
authorized by law;or
(3) the lawful
carrying of firearms or other
dangerous weapons in a Federal
facility incident to hunting or
other lawful purposes.
(e) (1) Except
as provided in paragraph (2),
whoever knowingly possesses or
causes to be present a firearm in
a Federal court facility, or
attempts to do so, shall be fined
under this title, imprisoned not
more than 2 years, or
both.
(2) Paragraph
(1) shall not apply to conduct
which is described in
paragraph(1) or (2) of subsection
(d).
(f) Nothing in
this section limits the power of
a court of the United States to
punish for contempt or to
promulgate rules or orders
regulating, restricting, or
prohibiting the possession of
weapons within any building
housing such court or any of its
proceedings, or upon any grounds
appurtenant to such
building.
(g) As used in
this section:
(1) The term
"Federal facility" means a
building or part thereof owned or
leased by the Federal Government,
where Federal employees are
regularly present for the purpose
of performing their official
duties.
(2) The term
"dangerous weapon" means a
weapon, device, instrument,
material, or substance, animate
or inanimate, that is used for,
or is readily capable of, causing
death or serious bodily injury,
except that such term does not
include a pocket knife with a
blade of less than 2 1/2 inches
in length.
(3) The term
"Federal court facility" means
the courtroom, judges' chambers,
witness rooms, jury deliberation
rooms, attorney conference rooms,
prisoner holding cells, offices
of the court clerks, the United
States attorney, and the United
States marshal, probation and
parole offices, and adjoining
corridors of any court of the
United States.
(h) Notice of
the provisions of subsections (a)
and (b) shall be posted
conspicuously at each public
entrance to each Federal
facility, and notice of
subsection (e) shall be posted
conspicuously at each public
entrance to each Federal court
facility, and no person shall be
convicted of an offense under
subsection (a) or (e) with
respect to a Federal facility if
such notice is not so posted at
such facility, unless such person
had actual notice of
subsection(a) or (e), as the case
may be.
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TITLE
II : Machine Guns, Destructive
Devices, and Certain other
Firearms.
(The National
Firearms Act)
(Title 26,
U.S. Code, Section
5801-5872)
Chapter 53.
Subchapter A : Taxes
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Sec.
5801. Imposition of
tax
(a) General
rule.:On 1st engaging in business
and thereafter on or before July
1 of each year, every importer,
manufacturer, and dealer in
firearms shall pay a special
(occupational) tax for each place
of business at the following
rates:
(1) Importers
and manufacturers:$1,000 a year
or fraction thereof.
(2)
Dealers:$500 a year or fraction
thereof.
(b) Reduced
rates of tax for small importers
and manufacturers.:
(1) In
general.:Paragraph (1) of
subsection (a) shall be applied
bysubstituting "$500" for
"$1,000" with respect to any
taxpayer the gross receipts of
which (for the most recent
taxable year ending before the
1st day of the taxable period to
which the tax imposed by
subsection (a) relates) are less
than $500,000.
(2) Controlled
group rules.:All persons treated
as 1 taxpayer under section
5061(e)(3) shall be treated as 1
taxpayer for purposes of
paragraph (1).
(3) Certain
rules to apply.:For purposes of
paragraph (1), rules similar to
the rules of subparagraphs (B)
and (C) of section 448(c)(3)
shall apply.
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Sec.
5802. Registration of importers,
manufacturers, and
dealers
On first
engaging in business and
thereafter on or before the first
day of July of each year, each
importer, manufacturer, and
dealer in firearms shall register
with the Secretary in each
internal revenue district in
which such business is to be
carried on, his name, including
any trade name, and the address
of each location in the district
where he will conduct such
business. An individual required
to register under this section
shall include a photograph and
fingerprints of the individual
with the initial application.
Where there is a change during
the taxable year in the location
of, or the trade name used in,
such business, the importer,
manufacturer, or dealer shall
file an application with the
Secretary to amend his
registration.Firearms operations
of an importer, manufacturer, or
dealer may not be commenced at
the new location or under a new
trade name prior to approval by
the Secretary of the
application.
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Sec.
5811. Transfer tax
(a)
Rate.:There shall be levied,
collected, and paid on firearms
transferred a tax at the rate of
$200 for each firearm
transferred, except, the transfer
tax on any firearm classified as
any other weapon under section
5845(e) shall be at the rate of
$5 for each such firearm
transferred.
(b) By whom
paid.:The tax imposed by
subsection (a) of this section
shall be paid by the
transferor.
(c)
Payment.:The tax imposed by
subsection (a) of this section
shall be payable by the
appropriate stamps prescribed for
payment by the
Secretary.
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Sec.
5812. Transfers
(a)
Application.:A firearm shall not
be transferred unless (1) the
transferor of the firearm has
filed with the Secretary a
written application, in
duplicate, for the transfer and
registration of the firearm to
the transferee on the application
form prescribed by the
Secretary;(2) any tax payable on
the transfer is paid as evidenced
by the proper stamp affixed to
the original application form;(3)
the transferee is identified in
the application form in such
manner as the Secretary may by
regulations prescribe, except
that, if such person is an
individual, the identification
must include his fingerprints and
his photograph;(4) the transferor
of the firearm is identified in
the application form in such
manner as the Secretary may by
regulations prescribe;(5) the
firearm is identified in the
application form in such manner
as the Secretary may by
regulations prescribe;and (6) the
application form shows that the
Secretary has approved the
transfer and the registration of
the firearm to the
transferee.Applications shall be
denied if the transfer, receipt,
or possession of the firearm
would place the transferee in
violation of law.
(b) Transfer
of possession.:The transferee of
a firearm shall not take
possession of the firearm unless
the Secretary has approved the
transfer and registration of the
firearm to the transferee as
required by subsection (a) of
this section.
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Sec.
5821. Making tax
(a)
Rate.:There shall be levied,
collected, and paid upon the
making of a firearm a tax at the
rate of $200 for each firearm
made.
(b) By whom
paid.:The tax imposed by
subsection (a) of this section
shall be paid by the person
making the firearm.
(c)
Payment.:The tax imposed by
subsection (a) of this section
shall be payable by the stamp
prescribed for payment by the
Secretary.
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Sec.
5822. Making
No person
shall make a firearm unless he
has (a) filed with the Secretary
a written application, in
duplicate, to make and register
the firearm on the form
prescribed by the Secretary;(b)
paid any tax payable on the
making and such payment is
evidenced by the proper stamp
affixed to the original
application form;(c) identified
the firearm to be made in the
application form in such manner
as the Secretary may by
regulations prescribe;(d)
identified himself in the
application form in such manner
as the Secretary may by
regulations prescribe, except
that, if such person is an
individual, the identification
must include his fingerprints and
his photograph;and (e) obtained
the approval of the Secretary to
make and register the firearm and
the application form shows such
approval.Applications shall be
denied if the making or
possession of the firearm would
place the person making the
firearm in violation of
law.
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Contents
Sec.
5841. Registration of
firearms
(a) Central
registry.:The Secretary shall
maintain a central registry of
all firearms in the United States
which are not in the possession
or under the control of the
United States.This registry shall
be known as the National Firearms
Registration and Transfer
Record.The registry shall
include:
(1)
identification of the
firearm;
(2) date of
registration;and
(3)
identification and address of
person entitled to possession of
the firearm.
(b) By whom
registered.:Each manufacturer,
importer, and maker shall
register each firearm he
manufactures, imports, or
makes.Each firearm transferred
shall be registered to the
transferee by the
transferor.
(c) How
registered.:Each manufacturer
shall notify the Secretary of the
manufacture of a firearm in such
manner as may by regulations be
prescribed and such notification
shall effect the registration of
the firearm required by this
section.Each importer, maker, and
transferor of a firearm shall,
prior to importing, making, or
transferring a firearm, obtain
authorization in such manner as
required by this chapter or
regulations issued thereunder to
import, make, or transfer the
firearm, and such authorization
shall effect the registration of
the firearm required by this
section.
(d) Firearms
registered on effective date of
this act.:A person shown as
possessing a firearm by the
records maintained by the
Secretary pursuant to the
National Firearms Act in force on
the day immediately prior to the
effective date of the National
Firearms Act of 1968 shall be
considered to have registered
under this section the firearms
in his possession which are
disclosed by that record as being
in his possession.
(e) Proof of
registration.:A person possessing
a firearm registered as required
by this section shall retain
proof of registration which shall
be made available to the
Secretary upon
request.
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Sec.
5842. Identification of
firearms
(a)
Identification of firearms other
than destructive devices.:Each
manufacturer and importer and
anyone making a firearm shall
identify each firearm, other than
a destructive device,
manufactured, imported, or made
by a serial number which may not
be readily removed, obliterated,
or altered, the name of the
manufacturer, importer, or maker,
and such other identification as
the Secretary may by regulations
prescribe.
(b) Firearms
without serial number.:Any person
who possesses a firearm, other
than a destructive device, which
does not bear the serial number
and other information required by
subsection (a) of this section
shall identify the firearm with a
serial number assigned by the
Secretary and any other
information the Secretary may by
regulations prescribe.
(c)
Identification of destructive
device.:Any firearm classified as
a destructive device shall be
identified in such manner as the
Secretary may by regulations
prescribe.
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Sec.
5843. Records and
returns
Importers,
manufacturers, and dealers shall
keep such records of, and render
such returns in relation to, the
importation, manufacture, making,
receipt, and sale, or other
disposition, of firearms as the
Secretary may by regulations
prescribe.
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Contents
Sec.
5844. Importation
No firearm
shall be imported or brought into
the United States or any
territory under its control or
jurisdiction unless the importer
establishes, under regulations as
may be prescribed by the
Secretary, that the firearm to be
imported or brought in
is:
(1) being
imported or brought in for the
use of the United States or any
department, independent
establishment, or agency thereof
or any State or possession or any
political subdivision
thereof;or
(2) being
imported or brought in for
scientific or research
purposes;or
(3) being
imported or brought in solely for
testing or use as a model by a
registered manufacturer or solely
for use as a sample by a
registered importer or registered
dealer; except that, the
Secretary may permit the
conditional importation or
bringing in of a firearm for
examination and testing in
connection with classifying the
firearm.
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Contents
Sec.
5845. Definitions
For the
purpose of this
chapter:
(a)
Firearm.:The term "firearm" means
(1) a shotgun having a barrel or
barrels of less than 18 inches in
length;(2) a weapon made from a
shotgun if such weapon as
modified has an overall length of
less than 26 inches or a barrel
or barrels of less than 18 inches
in length;(3) a rifle having a
barrel or barrels of less than 16
inches in length;(4) a weapon
made from a rifle if such weapon
as modified has an overall length
of less than 26 inches or a
barrel or barrels of less than 16
inches in length;(5) any other
weapon, as defined in subsection
(e);(6) a machinegun;(7) any
silencer (as defined in section
921 of title 18, United States
Code);and (8) a destructive
device.The term "firearm" shall
not include an antique firearm or
any device (other than a
machinegun or destructive device)
which, although designed as a
weapon, the Secretary finds by
reason of the date of its
manufacture, value, design, and
other characteristics is
primarily a collector's item and
is not likely to be used as a
weapon.
(b)
Machinegun.:The term "machinegun"
means any weapon which shoots, is
designed to shoot, or can be
readily restored to shoot,
automatically more than one shot,
without manual reloading, by a
single function of the
trigger.The term shall also
include the frame or receiver of
any such weapon, any part
designed and intended solely and
exclusively, or combination of
parts designed and intended, for
use in converting a weapon into a
machinegun, and any combination
of parts from which a machinegun
can be assembled if such parts
are in the possession or under
the control of a
person.
(c) Rifle.:The
term "rifle" means a weapon
designed or redesigned, made or
remade, and intended to be fired
from the shoulder and designed or
redesigned and made or remade to
use the energy of the explosive
in a fixed cartridge to fire only
a single projectile through a
rifled bore for each single pull
of the trigger, and shall include
any such weapon which may be
readily restored to fire a fixed
cartridge.
(d)
Shotgun.:The term "shotgun" means
a weapon designed or redesigned,
made or remade, and intended to
be fired from the shoulder and
designed or redesigned and made
or remade to use the energy of
the explosive in a fixed shotgun
shell to fire through a smooth
bore either a number of
projectiles (ball shot) or a
single projectile for each pull
of the trigger, and shall include
any such weapon which may be
readily restored to fire a fixed
shotgun shell.
(e) Any other
weapon.:The term "any other
weapon" means any weapon or
device capable of being concealed
on the person from which a shot
can be discharged through the
energy of an explosive, a pistol
or revolver having a barrel with
a smooth bore designed or
redesigned to fire a fixed
shotgun shell, weapons with
combination shotgun and rifle
barrels 12 inches or more, less
than 18 inches in length, from
which only a single discharge can
be made from either barrel
without manual reloading, and
shall include any such weapon
which may be readily restored to
fire.Such term shall not include
a pistol or a revolver having a
rifled bore, or rifled bores, or
weapons designed, made, or
intended to be fired from the
shoulder and not capable of
firing fixed
ammunition.
(f)
Destructive device.:The term
"destructive device" means (1)
any explosive, incendiary, or
poison gas (A) bomb, (B) grenade,
(C) rocket having a propellent
charge of more than four ounces,
(D) missile having an explosive
or incendiary charge of more than
one-quarter ounce, (E) mine, or
(F) similar device;(2) any type
of weapon 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,
the barrel or barrels of which
have a bore of more than one-
half inch in diameter, except a
shotgun or shotgun shell which
the Secretary finds is generally
recognized as particularly
suitable for sporting purposes;
and (3) any combination of parts
either designed or intended for
use in converting any device into
a destructive device as defined
in subparagraphs (1) and (2) and
from which a destructive device
may be readily assembled.The term
"destructive device" shall not
include any device which is
neither designed nor redesigned
for use as a weapon;any device,
although originally designed for
use as a weapon, which is
redesigned for use as a
signaling, pyrotechnic, line
throwing, safety, or similar
device;surplus ordnance sold,
loaned, or given by the Secretary
of the Army pursuant to the
provisions of section 4684(2),
4685, or 4686 of title 10 of the
United States Code; or any other
device which the Secretary finds
is not likely to be used as a
weapon, or is an antique or is a
rifle which the owner intends to
use solely for sporting
purposes.
(g) Antique
firearm.:The term "antique
firearm" means any firearm not
designed or redesigned for using
rim fire or conventional center
fire ignition with fixed
ammunition and manufactured in or
before 1898 (including any
matchlock, flintlock, percussion
cap, or similar type of ignition
system or replica thereof,
whether actually manufactured
before or after the year 1898)
and also any firearm using fixed
ammunition manufactured in or
before 1898, for which ammunition
is no longer manufactured in the
United States and is not readily
available in the ordinary
channels of commercial
trade.
(h)
Unserviceable firearm.:The term
"unserviceable firearm" means a
firearm which is incapable of
discharging a shot by means of an
explosive and incapable of being
readily restored to a firing
condition.
(i) Make.:The
term "make", and the various
derivatives of such word, shall
include manufacturing (other than
by one qualified to engage in
such business under this
chapter), putting together,
altering, any combination of
these, or otherwise producing a
firearm.
(j)
Transfer.:The term "transfer" and
the various derivatives of such
word, shall include selling,
assigning, pledging, leasing,
loaning, giving away, or
otherwise disposing
of.
(k)
Dealer.:The term "dealer" means
any person, not a manufacturer or
importer, engaged in the business
of selling, renting, leasing, or
loaning firearms and shall
include pawnbrokers who accept
firearms as collateral for
loans.
(l)
Importer.:The term "importer"
means any person who is engaged
in the business of importing or
bringing firearms into the United
States.
(m)
Manufacturer.:The term
"manufacturer" means any person
who is engaged in the business of
manufacturing
firearms.
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Sec.
5846. Other laws
applicable
All provisions
of law relating to special taxes
imposed by chapter 51 and to
engraving, issuance, sale,
accountability, cancellation, and
distribution of stamps for tax
payment shall, insofar as not
inconsistent with the provisions
of this chapter, be applicable
with respect to the taxes imposed
by sections 5801, 5811, and
5821.
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Sec.
5847. Effect on other
laws
Nothing in
this chapter shall be construed
as modifying or affecting the
requirements of section 414 of
the Mutual Security Act of 1954,
as amended, with respect to the
manufacture, exportation, and
importation of arms, ammunition,
and implements of war.
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Sec.
5848. Restrictive use of
information
(a) General
rule.:No information or evidence
obtained from an application,
registration, or records required
to be submitted or retained by a
natural person in order to comply
with any provision of this
chapter or regulations issued
thereunder, shall, except as
provided in subsection (b) of
this section, be used, directly
or indirectly, as evidence
against that person in a criminal
proceeding with respect to a
violation of law oc | 
