Gun Laws

Legal Firearm Definitions 

Definitions From THE GUN CONTROL ACT OF 1968 - Click Here

Definitions From THE NATIONAL FIREARMS ACT
TITLE 26, UNITED STATES CODE, CHAPTER 53
INTERNAL REVENUE CODE

CHAPTER 53 - MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS

SUBCHAPTER B:

PART I – GENERAL PROVISIONS

SEC. 5845. Definitions
For the purpose of this chapter -

(a) Firearm. - The term "firearm" means (1) a shotgun having a barrel or barrels
of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as
modified has an overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16
inches in length; (4) a weapon made from a rifle if such weapon as modified has an
overall length of less than 26 inches or a barrel or barrels of less than 16 inches
in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7)
any silencer (as defined in section 921 of title 18, United States Code); and (8) a
destructive device. The term "firearm" shall not include an antique firearm or any
device (other than a machinegun or destructive device) which, although designed as a
weapon, the Secretary finds by reason of the date of its manufacture, value, design,
and other characteristics is primarily a collector's item and is not likely to be
used as a weapon.

(b) Machinegun. - The term "machinegun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also
include the frame or receiver of any such weapon, any part designed and intended
solely and exclusively, or combination of parts designed and intended, for use in
converting a weapon into a machinegun, and any combination of parts from which a
machinegun can be assembled if such parts are in the possession or under the control
of a person.

(c) Rifle. - The term "rifle" means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed cartridge to fire only a
single projectile through a rifled bore for each single pull of the trigger, and
shall include any such weapon which may be readily restored to fire a fixed
cartridge.

(d) Shotgun. - The term "shotgun" means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger, and shall include any such weapon which may
be readily restored to fire a fixed shotgun shell.

(e) Any other weapon. - The term "any other weapon" means any weapon or device
capable of being concealed on the person from which a shot can be discharged through
the energy of an explosive, a pistol or revolver having a barrel with a smooth bore
designed or redesigned to fire a fixed shotgun shell, weapons with combination
shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from
which only a single discharge can be made from either barrel without manual
reloading, and shall include any such weapon which may be readily restored to fire.
Such term shall not include a pistol or a revolver having a rifled bore, or rifled
bores, or weapons designed, made, or intended to be fired from the shoulder and not
capable of firing fixed ammunition.

(f) Destructive device. - The term "destructive device" means (1) any explosive,
incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellant
charge of more than four ounces, (D) missile having an explosive or incendiary charge
of more than one-quarter ounce, (E) mine, or (F) similar device; (2) any type of
weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels
of which have a bore of more than one-half inch in diameter, except a shotgun or
shotgun shell which the Secretary finds is generally recognized as particularly
suitable for sporting purposes; and (3) any combination of parts either designed or
intended for use in converting any device into a destructive device as defined in
subparagraphs (1) and (2) and from which a destructive device may be readily
assembled. The term "destructive device" shall not include any device which is
neither designed nor redesigned for use as a weapon; any device, although originally
designed for use as a weapon, which is redesigned for use as a signaling,
pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned,
or given by the Secretary of the Army pursuant to the provisions of section 4684(2),
4685, or 4686 of title 10 of the United States Code; or any other device which the
Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle
which the owner intends to use solely for sporting purposes.

(g) Antique firearm. - The term "antique firearm" means any firearm not designed
or redesigned for using rim fire or conventional center fire ignition with fixed
ammunition and manufactured in or before 1898 (including any matchlock, flintlock,
percussion cap, or similar type of ignition system or replica thereof, whether
actually manufactured before or after the year 1898) and also any firearm using fixed
ammunition manufactured in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available in the ordinary
channels of commercial trade.

(h) Unserviceable firearm. - The term "unserviceable firearm" means a firearm
which is incapable of discharging a shot by means of an explosive and incapable of
being readily restored to a firing condition.

(i) Make. - The term "make", and the various derivatives of such word, shall
include manufacturing (other than by one qualified to engage in such business under
this chapter), putting together, altering, any combination of these, or otherwise
producing a firearm.

(j) Transfer. - The term "transfer" and the various derivatives of such word,
shall include selling, assigning, pledging, leasing, loaning, giving away, or
otherwise disposing of.

(k) Dealer. - The term "dealer" means any person, not a manufacturer or importer,
engaged in the business of selling, renting, leasing, or loaning firearms and shall
include pawnbrokers who accept firearms as collateral for loans.

(l) Importer. - The term "importer" means any person who is engaged in the
business of importing or bringing firearms into the United States.

(m) Manufacturer. - The term "manufacturer" means any person who is engaged in the
business of manufacturing firearms.

(Added Pub.L. 90-618, Title II, § 201, Oct. 22, 1968, 82 Stat. 1230, and amended
Pub.L. 94-455, Title XIX, § 1906(b)(13)(A), (J), Oct. 4, 1976, 90 Stat. 1834, 1835;
Pub.L. 99-308, § 109, May 19, 1986, 100 Stat. 460.)

THE GUN CONTROL ACT OF 1968, PUBLIC LAW 90-618
TITLE 18, UNITED STATES CODE, CHAPTER 44

An Act to amend title 18, United States Code, to provide for better control of the
interstate traffic in firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the "Gun Control Act of 1968".

TITLE I - STATE FIREARMS CONTROL ASSISTANCE

Chapter 44 Firearms

Sec. 921. Definitions

(a) As used in this chapter –

(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 ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10; or any other device which the Secretary of the Treasury 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.

(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.

(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.

(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.

(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 propellent 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.

(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.

(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 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.

Editor’s Note
Section 921(a)(34) was enacted by Public Law 105-277 on October 21, 1998, and
became effective on April 19, 1999. No subparagraph (c) was enacted in subsection
(a)(33).

(Added Pub.L. 90-351, Title IV, § 902, June 19, 1968, 82 Stat. 226, and amended
Pub.L. 90-618, Title I, § 102, Oct. 22, 1968, 82 Stat. 1214; Pub.L. 93-639, § 102,
Jan. 4, 1975, 88 Stat. 2217; Pub.L. 99-308, § 101, May 19, 1986, 100 Stat. 449;
Pub.L. 99-360, § 1(b), July 8, 1986, 100 Stat. 766; Pub.L. 99-408, § 1, Aug. 28,
1986, 100 Stat. 920; Pub.L. 101-647, Title XVII, § 1702(b)(2), Title XXII, § 2204(a),
Nov. 29, 1990, 104 Stat. 4845, 4857; Pub.L. 103-159, Title I, § 102(a)(2), Nov. 30,
1993, 107 Stat. 1539; Pub.L. 103-322, Title XI, §§ 110102(b), 110103(b), 110401(a),
110519, Title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 1997, 1999, 2014, 2020,
2150; Pub.L. 104-88, Title III, § 303(1), Dec. 29, 1995, 109 Stat. 943; Pub.L. 104-
208, Div. A, Title I, § 101(f) [Title VI, § 658(a)], Sept. 30, 1996, 110 Stat. 3009-
371; Pub.L. 105-277, Div. A, § 101(b) [Title I, § 119(a)], § 101(h) [Title I, § 115],
Oct. 21, 1998, 112 Stat. 2681 - ____, 2681 - ____.)