(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
(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
(A) a firearm which has a short stock and is designed
to be held and fired by the use of a single hand;
and
(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.
(30) The term "semiautomatic assault weapon"
means
(A) any of the firearms, or copies or duplicates of
the firearms in any caliber, known as
(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and
Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar
to) the Street Sweeper and Striker 12;
(B) a semiautomatic rifle that has an ability to
accept a detachable magazine and has at least 2 of
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously
beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed
to accommodate a flash suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to
accept a detachable magazine and has at least 2 of;
(i) an ammunition magazine that attaches to the
pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip, or
silencer;
(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits the
shooter to hold the firearm with the nontrigger hand
without being burned;
(iv) a manufactured weight of 50 ounces or more when
the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm;
and
(D) a semiautomatic shotgun that has at least 2
of;
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously
beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5
rounds; and
(iv) an ability to accept a detachable magazine.
(31) The term "large capacity ammunition feeding
device";
(A) means a magazine, belt, drum, feed strip, or
similar device manufactured after the date of enactment
of the Violent Crime Control and Law Enforcement Act of
1994 [ 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;
(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;
(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.
(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 any possession of the
United States differently than it would apply if the
District of Columbia, the Commonwealth of Puerto Rico,
or the possession were in fact a State of the United
States;
(3) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector to transport into or receive in the State
where he resides (or if the person is a corporation or
other business entity, the State where it maintains a
place of business) any 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-barreled rifle, except
as specifically authorized by the Secretary consistent
with public safety and necessity;
(5) for any person (other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector) to transfer, sell, trade, give, transport, or
deliver any firearm to any person (other than a licensed
importer, licensed manufacturer, licensed dealer, or
licensed collector) who the transferor knows or has
reasonable cause to believe does not reside in (or if
the person is a corporation or other business entity,
does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph
shall not apply to (A) the transfer, transportation, or
delivery of a firearm made to carry out a bequest of a
firearm to, or an acquisition by intestate succession of
a firearm by, a person who is permitted to acquire or
possess a firearm under the laws of the State of his
residence, and (B) the loan or rental of a firearm to
any person for temporary use for lawful sporting
purposes;
(6) for any person in connection with the acquisition
or attempted acquisition of any firearm or ammunition
from a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, knowingly to
make any false or fictitious oral or written statement
or to furnish or exhibit any false, fictitious, or
misrepresented identification, intended or likely to
deceive such importer, manufacturer, dealer, or
collector with respect to any fact material to the
lawfulness of the sale or other disposition of such
firearm or ammunition under the provisions of this
chapter;
(7) for any person to manufacture or import armor
piercing ammunition, except that this paragraph shall
not apply to:
(A) the manufacture or importation of such ammunition
for the use of the United States or any department or
agency thereof or any State or any department, agency,
or political subdivision thereof;
(B) the manufacture of such ammunition for the
purpose of exportation; and
(C) any manufacture or importation for the purposes
of testing or experimentation authorized by the
Secretary;
(8) for any manufacturer or importer to sell or
deliver armor piercing ammunition, except that this
paragraph shall not apply to:
(A) the sale or delivery by a manufacturer or
importer of such ammunition for use of the United States
or any department or agency thereof or any State or any
department, agency, or political subdivision
thereof;
(B) the sale or delivery by a manufacturer or
importer of such ammunition for the purpose of
exportation;
(C) the sale or delivery by a manufacturer or
importer of such ammunition for the purposes of testing
or experimenting authorized by the Secretary; and
(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, who does not reside in any State to receive
any firearms unless such receipt is for lawful sporting
purposes.
(b) It shall be unlawful for any licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector to sell or deliver:
(1) any firearm or ammunition to any individual who
the licensee knows or has reasonable cause to believe is
less than eighteen years of age, and, if the firearm, or
ammunition is other than a shotgun or rifle, or
ammunition for a shotgun or rifle, to any individual who
the licensee knows or has reasonable cause to believe is
less than twenty-one years of age;
(2) any firearm to any person in any State where the
purchase or possession by such person of such firearm
would be in violation of any State law or any published
ordinance applicable at the place of sale, delivery or
other disposition, unless the licensee knows or has
reasonable cause to believe that the purchase or
possession would not be in violation of such State law
or such published ordinance;
(3) any firearm to any person who the licensee knows
or has reasonable cause to believe does not reside in
(or if the person is a corporation or other business
entity, does not maintain a place of business in) the
State in which the licensee's place of business is
located, except that this paragraph (A) shall not apply
to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the
licensee's place of business is located if the
transferee meets in person with the transferor to
accomplish the transfer, and the sale, delivery, and
receipt fully comply with the legal conditions of sale
in both such States (and any licensed manufacturer,
importer or dealer shall be presumed, for purposes of
this subparagraph, in the absence of evidence to the
contrary, to have had actual knowledge of the State laws
and published ordinances of both States), and (B) shall
not apply to the loan or rental of a firearm to any
person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun
(as defined in section 5845 of the Internal Revenue Code
of 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 or affecting interstate or foreign
commerce; or
(2) to receive any firearm or ammunition which has
been shipped or transported in interstate or foreign
commerce.
(i)It shall be unlawful for any person to transport
or ship in interstate or foreign commerce, any stolen
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 motor vehicle;
(iv) by an individual for use in a program approved
by a school in the school zone;
(v) by an individual in accordance with a contract
entered into between a school in the school zone and the
individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or
her official capacity; or
(vii) that is unloaded and is possessed by an
individual while traversing school premises for the
purpose of gaining access to public or private lands
open to hunting, if the entry on school premises is
authorized by school authorities.
(3) (A) Except as provided in subparagraph (B), it
shall be unlawful for any person, knowingly or with
reckless disregard for the safety of another, to
discharge or attempt to discharge a firearm 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 a school in a school zone and the
individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or
her official capacity.
(4) Nothing in this subsection shall be construed as
preempting or preventing a State or local government
from enacting a statute establishing gun free school
zones as provided in this subsection.
(r) It shall be unlawful for any person to assemble
from imported parts any semiautomatic rifle or any
shotgun which is identical to any rifle or shotgun
prohibited from importation under section 925(d)(3) of
this chapter as not being particularly suitable for or
readily adaptable to sporting purposes except that this
subsection shall not apply to:
(1) the assembly of any such rifle or shotgun for
sale or distribution by a licensed manufacturer to the
United States or any department or agency thereof or to
any State or any department, agency, or political
subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the
purposes of testing or experimentation authorized by the
Secretary.
(s) (1) Beginning on the date that is 90 days after
the date of enactment of this subsection and ending on
the day before the date that is 60 months after such
date of enactment, it shall be unlawful for any licensed
importer, licensed manufacturer, or licensed dealer to
sell, deliver, or transfer a handgun (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 record keeping
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, has renounced such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a
handgun from the transferor.
(4) Any transferor of a handgun who, after such
transfer, receives a report from a chief law enforcement
officer containing information that receipt or
possession of the handgun by the transferee violates
Federal, State, or local law shall, within 1 business
day after receipt of such request, communicate any
information related to the transfer that the transferor
has about the transfer and the transferee to:
(A) the chief law enforcement officer of the place of
business of the transferor; and
(B) the chief law enforcement officer of the place of
residence of the transferee.
(5) Any transferor who receives information, not
otherwise available to the public, in a report under
this subsection shall not disclose such information
except to the transferee, to law enforcement
authorities, or pursuant to the direction of a court of
law.
(6) (A) Any transferor who sells, delivers, or
otherwise transfers a handgun to a transferee shall
retain the copy of the statement of the transferee with
respect to the handgun transaction, and shall retain
evidence that the transferor has complied with
subclauses (III) and (IV) of paragraph (1)(A)(i) with
respect to the statement.
(B) Unless the chief law enforcement officer to whom
a statement is transmitted under paragraph (1)(A)(i)(IV)
determines that a transaction would violate Federal,
State, or local law:
(i) the officer shall, within 20 business days after
the date the transferee made the statement on the basis
of which the notice was provided, destroy the statement,
any record containing information derived from the
statement, and any record created as a result of the
notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall
not be conveyed to any person except a person who has a
need to know in order to carry out this subsection;
and
(iii) the information contained in the statement
shall not be used for any purpose other than to carry
out this subsection.
(C) If a chief law enforcement officer determines
that an individual is ineligible to receive a handgun
and the individual requests the officer to provide the
reason for such determination, the officer shall provide
such reasons to the individual in writing within 20
business days after receipt of the request.
(7) A chief law enforcement officer or other person
responsible for providing criminal history background
information pursuant to this subsection shall not be
liable in an action at law for damages:
(A) for failure to prevent the sale or transfer of a
handgun to a person whose receipt or possession of the
handgun is unlawful under this section; or
(B) for preventing such a sale or transfer to a
person who may lawfully receive or possess a
handgun.
(8) For purposes of this subsection, the term "chief
law enforcement officer" means the chief of police, the
sheriff, or an equivalent officer or the designee of any
such individual.
(9) The Secretary shall take necessary actions to
ensure that the provisions of this subsection are
published and disseminated to licensed dealers, law
enforcement officials, and the public.
(t) (1) Beginning on the date that is 30 days after
the Attorney General notifies licensees under section
103(d) of the Brady Handgun Violence Prevention Act that
the national instant criminal background check system is
established, a licensed importer, licensed manufacturer,
or licensed dealer shall not transfer a firearm to any
other person who is not licensed under this chapter,
unless:
(A) before the completion of the transfer, the
licensee contacts the national instant criminal
background check system established under section 103 of
that Act;
(B) (i) the system provides the licensee with a
unique identification number; or
(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee
contacted the system, and the system has not notified
the licensee that the receipt of a firearm by such other
person would violate subsection (g) or (n) of this
section; and
(C) the transferor has verified the identity of the
transferee by examining a valid identification document
(as defined in section 1028(d)(1) of this title) of the
transferee containing a photograph of the
transferee.
(2) If receipt of a firearm would not violate
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 the geographical area in which the
business premises are located.
(4) If the national instant criminal background check
system notifies the licensee that the information
available to the system does not demonstrate that the
receipt of a firearm by such other person would violate
subsection (g) or (n) or State law, and the licensee
transfers a firearm to such other person, the licensee
shall include in the record of the transfer the unique
identification number provided by the system with
respect to the transfer.
(5) If the licensee knowingly transfers a firearm to
such other person and knowingly fails to comply with
paragraph (1) of this subsection with respect to the
transfer and, at the time such other person most
recently proposed the transfer, the national instant
criminal background check system was operating and
information was available to the system demonstrating
that receipt of a firearm by such other person would
violate subsection (g) or (n) of this section or State
law, the Secretary may, after notice and opportunity for
a hearing, suspend for not more than 6 months or revoke
any license issued to the licensee under section 923,
and may impose on the l
