Gun
Laws
Gun Control Act of 1968
Page Two
Gun
Control Act of 1968 Page One - Click Here
THE
GUN CONTROL ACT OF 1968, PUBLIC LAW 90-618
TITLE 18, UNITED STATES CODE, CHAPTER 44
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 879 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 MX 8/20 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.
(Added
Pub.L. 90-351, Title IV, § 902, June 19,
1968, 82 Stat. 228, and amended
Pub.L. 90-618, Title I, § 102, Oct. 22, 1968,
82 Stat. 1216; Pub.L. 97-377, Title I,
§ 165(a), Dec. 21, 1982, 96 Stat. 1923; Pub.L.
99-308, § 102, May 19, 1986, 100
Stat. 451; Pub.L. 99-408, § 2, Aug. 28, 1986,
100 Stat. 920; Pub.L. 100-649, §
2(a), Nov. 10, 1988, 102 Stat. 3816, 3818; Pub.L.
100-690, Title VII, § 7060(c),
Nov. 18, 1988, 102 Stat. 4404; Pub.L. 101-647,
Title XVII, § 1702(b)(1), Title XXII,
§§ 2201, 2202, 2204(b), Title XXXV,
§ 3524, Nov. 29, 1990, 104 Stat. 4844, 4856,
4857, 4924; Pub.L. 103-159, Title I, § 102(a)(1),(b),
Title III, § 302(a) to (c),
Nov. 30, 1993, 107 Stat. 1536, 1539, 1545; Pub.L.
103-322, Title XI, §§ 110102(a),
110103(a), 110106, 110201(a), 110401(b), (c),
110511, 110514, Title XXXII, §§ 320904,
320927, Title XXXIII, § 330011(i), Sept.
13, 1994, 108 Stat. 1996, 1998, 2000, 2010,
2014, 2019, 2125, 2131, 2145; Pub.L. 104-208,
Div. A, Title I, § 101(f) [Title VI, §§
657, 658(b)], Sept. 30, 1996, 110 Stat. 3009-369,
3009-372; Pub.L. 104-294, Title VI,
§ 603(b), (c)(1), (d) to (f)(1), (g), Oct.
11, 1996, 110 Stat. 3503, 3504; Pub.L.
105-277, Div. A, § 101(b) [Title I, §
121], Oct. 21, 1998, 112 Stat. 2681 - ____.)
§
923. Licensing
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.
[(C) Repealed. Pub.L. 103-159, Title III, §
303(4), Nov. 30, 1993, 107
Stat. 1546.]
(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 material fact, 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,
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 under this subparagraph to make available
such a device).
Editor’s
Note
Section 923(d)(1)(G) was enacted by Public Law
105-277 on October 21, 1998, and
became effective April 19, 1999.
(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.
Editor’s
Note
The provision in Section 923(e) for revoking a
license if the holder fails to have
secure gun storage or safety devices available
where firearms are sold was enacted by
Public Law 105-277 on October 21, 1998 and became
effective April 19, 1999.
(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 Secretary of the Treasury 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.
(Added
Pub.L. 90-351, Title IV, § 902, June 19,
1968, 82 Stat. 231, and amended
Pub.L. 90-618, Title I, § 102, Oct. 22, 1968,
82 Stat. 1221; Pub.L. 97-377, Title I,
§ 165(b), Dec. 21, 1982, 96 Stat. 1923; Pub.L.
99-308, § 103, May 19, 1986, 100
Stat. 453; Pub.L. 99-360, § 1(c), July 8,
1986, 100 Stat. 766; Pub.L. 99-408, §§
3
to 7, Aug. 28, 1986, 100 Stat. 921; Pub.L. 100-690,
Title VII, § 7060(d), Nov. 18,
1988, 102 Stat. 4404; Pub.L. 101-647, Title XXII,
§ 2203(a), Title XXXV, § 3525,
Nov. 29, 1990, 104 Stat. 4857, 4924; Pub.L. 103-159,
Title II, § 201, Title III, §
303, Nov. 30, 1993, 107 Stat. 1544, 1545; Pub.L.
103-322, Title XI, §§ 110102(d),
110103(d), 110301(a), 110302 to 110307, Title
XXXIII, § 330011(i), Sept. 13, 1994,
108 Stat. 1998, 1999, 2012, 2013, 2014, 2145;
Pub.L. 104-208, Div. A, Title I, §
101(f) [Title I, § 118], Sept. 30, 1996,
110 Stat. 3009-326; Pub.L. 104-294, Title
VI, § 603(j)(1), (k), (l), Oct. 11, 1996,
110 Stat. 3504, 3405; Pub. L. 105-277, Oct.
21, 1998, 112 Stat. 2681 - ____, 2681 - ____).
§
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 or
ammunition 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)(A) Except to the extent that a greater
minimum sentence is otherwise
provided by this subsection or by any other provision
of law, any person who, during
and in relation to any crime of violence or drug
trafficking crime (including a crime
of violence or drug trafficking crime that provides
for an enhanced punishment if
committed by the use of a deadly or dangerous
weapon or device) for which the person
may be prosecuted in a court of the United States,
uses or carries a firearm, or who,
in furtherance of any such crime, possesses a
firearm, shall, in addition to the
punishment provided for such crime of violence
or drug trafficking crime –
(i) be sentenced to a term of imprisonment of
not less than 5 years;
(ii) if the firearm is brandished, be sentenced
to a term of imprisonment of
not less than 7 years; and
(iii) if the firearm is discharged, be sentenced
to a term of imprisonment of
not less than 10 years.
(B) If the firearm possessed by a person convicted
of a violation of this
subsection -
(i) is a short-barreled rifle, short-barreled
shotgun, or semiautomatic assault
weapon, the person shall be sentenced to a term
of imprisonment of not less than
10 years; or
(ii) is a machinegun or a destructive device,
or is equipped with a firearm
silencer or firearm muffler, the person shall
be sentenced to a term of
imprisonment of not less than 30 years.
(C) In the case of a second or subsequent conviction
under this subsection, the
person shall -
(i) be sentenced to a term of imprisonment of
not less than 25 years; and
(ii) if the firearm involved is a machinegun or
a destructive device, or is
equipped with a firearm silencer or firearm muffler,
be sentenced to imprisonment
for life.
(D) Notwithstanding any other provision of law
-
(i) a court shall not place on probation any person
convicted of a violation of
this subsection; and
(ii) no term of imprisonment imposed on a person
under this subsection shall
run concurrently with any other term of imprisonment
imposed on the person,
including any term of imprisonment imposed for
the crime of violence or drug
trafficking crime during which the firearm was
used, carried, or possessed.
(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 force against
the person or property of another may be used
in the course of committing the
offense.
(4) For purposes of this subsection, the term
“brandish” means, with respect to
a
firearm, to display all or part of the firearm,
or otherwise make the presence of the
firearm known to another person, in order to intimidate
that person, regardless of
whether the firearm is directly visible to that
person.
(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 which
involves 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 than 20 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.
(Added
Pub.L. 90-351, Title IV, § 902, June 19,
1968, 82 Stat. 233, and amended
Pub.L. 90-618, Title I, § 102, Oct. 22, 1968,
82 Stat. 1223; Pub.L. 91-644, Title II,
§ 13, Jan. 2, 1971, 84 Stat. 1889; Pub.L.
98-473, Title II, §§ 223(a), 1005(a),
Oct.
12, 1984, 98 Stat. 2028, 2138; Pub.L. 99-308,
§ 104(a), May 19, 1986, 100 Stat. 456;
Pub.L. 99-570, Title I, § 1402, Oct. 27,
1986, 100 Stat. 3207-39; Pub.L. 100-649, §
2(b), (f)(2)(B), (E), Nov. 10, 1988, 102 Stat.
3817, 3818; Pub.L. 100-690, Title VI,
§§ 6211, 6212, 6451, 6460, 6462, Title
VII, §§ 7056, 7060(a), Nov. 18, 1988,
102
Stat. 4359, 4360, 4371, 4373, 4374, 4402, 4403;
Pub.L. 101-647, Title XI, § 1101,
Title XVII, § 1702(b)(3), Title XXII, §§
2203(d), 2204(c), Title XXXV, §§ 3526,
3527,
3528, 3529, Nov. 29, 1990, 104 Stat. 4829, 4845,
4857, 4924; Pub.L. 103-159, Title
I, § 102(c), Title III, § 302(d), Nov.
30, 1993, 107 Stat. 1541, 1545; Pub.L.
103-322, Title VI, § 60013, Title XI, §§
110102(c), 110103(c), 110201(b), 110401(e),
110503, 110504(a), 110507, 110510, 110515(a),
110517, 110518(a), Title XXXIII, §§
330002(h), 330003(f)(2), 330011(i), (j), 330016(1)(H),
(K), (L), Sept. 13, 1994, 108
Stat. 1973, 1998, 1999, 2011, 2015, 2016, 2018,
2019, 2020, 2140, 2141, 2145, 2147;
Pub.L. 104-294, Title VI, § 603(m)(1), (n)
to (p)(1), (q) to (s), Oct. 11, 1996, 110
Stat. 3505; Pub.L. 105-386, § 1(a), Nov.
13, 1998, 112 Stat. 3469.)
§
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 Secretary of the
Treasury 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 401 of
title 10;
(2) is an unserviceable firearm, other than a
machinegun as defined in section
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.
(Added
Pub.L. 90-351, Title IV, § 902, June 19,
1968, 82 Stat. 233, and amended
Pub.L. 90-618, Title I, § 102, Oct. 22, 1968,
82 Stat. 1224; Pub.L. 98-573, Title II,
§ 233, Oct. 30, 1984, 98 Stat. 2991; Pub.L.
99-308, § 105, May 19, 1986, 100 Stat.
459; Pub.L. 100-649, § 2(c)(f)(2)(C), (E),
Nov. 10, 1988, 102 Stat. 3817; Pub.L.
101-647, Title XXII, § 2203(b), (c), Nov.
29, 1990, 104 Stat. 4857; Pub.L. 104-106,
Div. A, Title XVI, § 1624(b)(3), Feb. 10,
1996, 110 Stat. 522; Pub.L. 104-208, Div.
A, Title I, § 101(f) [Title VI, § 658(c)],
Sept. 30, 1996, 110 Stat. 3009-372; Pub.L.
104-294, Title VI, § 607(c), Oct. 11, 1996,
110 Stat. 35ll.)
§
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.
(Added
Pub.L. 103-159, Title I, § 104(a), Nov. 30,
1993, 107 Stat. 1543.)
§
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.
(Added
Pub.L. 90-351, Title IV, § 902, June 19,
1968, 82 Stat. 234, and amended
Pub.L. 90-618, Title I, § 102, Oct. 22, 1968,
82 Stat. 1226; Pub.L. 99-308, § 106,
May 19, 1986, 100 Stat. 459; Pub.L. 103-322, Title
XI, § 110401(d), Sept. 13, 1994,
108 Stat. 2015.)
§
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.
(Added
Pub.L. 99-360, § 1(a), July 8, 1986, 100
Stat. 766.)
§
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.
(Added
Pub.L. 90-351, Title IV, § 902, June 19,
1968, 82 Stat. 234, and amended
Pub.L. 90-618, Title I, § 102, Oct. 22, 1968,
82 Stat. 1226.)
§
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.
(Added
Pub.L. 90-351, Title IV, § 902, June 19,
1968, 82 Stat. 234, and amended
Pub.L. 90-618, Title I, § 102, Oct. 22, 1968,
82 Stat. 1226.)
§
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.
(Added
Pub.L. 98-473, Title II, § 1006(a), Oct.
12, 1984, 98 Stat. 2139; and amended
Pub.L. 99-308, § 108, May 19, 1986, 100 Stat.
460; Pub.L. 99-408, § 8, Aug. 28, 1986,
100 Stat. 921; Pub.L. 100-690, Title VI, §
6212, Title VII, § 7060(b), Nov. 18,
1988, 102 Stat. 4360, 4404.)
§
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.
(Added
Pub.L. 100-690, Title VI, § 6215(a), Nov.
18, 1988, 102 Stat. 4361, and
amended Pub.L. 101-647, Title XXII, § 2205(a),
Nov. 29, 1990, 104 Stat. 4857; Pub.L.
103-322, Title VI, § 60014, Sept. 13, 1994,
108 Stat. 1973; Pub.L. 104-294, Title VI,
§ 603(t), (u), Oct. 11, 1996, 110 Stat. 3506.)
Editor's
Note
The Secretary of the Treasury has the responsibility
to administer and enforce
the provisions of the Gun Control Act. See section
103 of Pub. L. 90-618 and
section 903 of Pub. L. 90-351.
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