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                                             Firearms  Laws For


Arkansas
 

As of March, 2005


A synopsis of state laws on purchase,
possession and carrying of firearms.

 

CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

 

 

QUICK REFERENCE CHART

Rifles and Shotguns

Handguns

Permit to Purchase

No

No

Registration of Firearms

No

No

Licensing of Owners

No

No

Permit to Carry

No

Yes

 

STATE CONSTITUTIONAL PROVISION

"The citizens of this State shall have the right to keep and bear arms for their common defense." Article 2, Section 5.

 

PURCHASE AND POSSESSION

No state permit is required for the purchase or possession of a rifle, shotgun, or handgun. Possession or ownership of any firearm is unlawful for any person who has been:

  • Convicted of a felony.
  • Adjudicated a mental defective.
  • Committed involuntarily to any mental institution.

It is unlawful to sell, give, rent, or otherwise furnish a firearm to a person under 18 without the consent of a parent, guardian, or other person responsible for the general supervision of the minor`s welfare.

"Possession of firearms . . . in fields, forests, along streams, or in any location known to be game cover . . . shall be considered prima facie evidence that the possessor is hunting...." It is "unlawful to refuse or to fail to immediately surrender for inspection any weapon . . . on request of a wildlife officer or other person authorized to enforce regulations of the (game) Commission."

 

CARRYING

It is unlawful for a person to possess a handgun on or about his person, in a vehicle occupied by him, or otherwise readily available for use with a purpose to employ it as a weapon against a person. It is also unlawful to possess a firearm upon the property of public or private schools, public or private college or upon a school bus.

It is a defense that at the time of the act:

  • The person is in his own dwelling or place of business or on property in which he has a possessor or proprietary interest.
  • The person is a law enforcement officer, prison guard, or member of the armed forces, acting in the course and scope of official duties.
  • The person is, by request, assisting a law enforcement officer, prison guard, or member of the armed forces acting in the course and scope of his official duties.
  • The person is carrying a handgun when upon a journey, unless he is under 18.
  • The person is a licensed security guard acting in the course and scope of his duties.
  • The person is taking a hunter safety course, hunting or going to and from such activities.
  • The person is taking part in a school approved educational or sporting activity.
  • The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his parent or legal guardian or is traveling to or from this activity with an unloaded handgun or firearm accompanied by his parent or legal guardian.

Arkansas courts have held that there is a legal presumption of fact that a loaded handgun under the front seat or in the glove compartment of a car driven by the defendant has been placed there as a weapon. This presumption may be refuted by proof offered by the defendant, but it is a question of fact for the jury to decide whether the handgun is carried as a weapon. Generally, law enforcement authorities agree that an unloaded and cased handgun is not carried as a weapon.

It is lawful to carry a handgun concealed with a license. Application for a license to carry a handgun concealed is made to the Arkansas State Police. The license is valid throughout the state for 4 years from the date of issuance and may include up to 3 handguns. The licensee must carry the license, together with valid identification. The application shall be completed under oath on a form promulgated by the Director of State Police and shall include the applicant`s name, address, place of birth, race, sex, occupation, driver`s license or social security number, full-face photograph and a statement of whether the applicant is applying for an unrestricted permit, which allows the person to carry any handgun, or a restricted permit, which allows the person to carry any handgun other than a semiautomatic handgun. The non-refundable license fee is $100. Costs for processing the set of fingerprints shall be borne by the applicant. The Arkansas State Police must conduct fingerprinting. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees. The director shall issue the license if the applicant: is a resident of the State for 1 year or longer; is at least 21; does not suffer from a mental or physical infirmity which prevents the safe handling of a handgun and has not threatened or attempted suicide; has not been convicted of a felony; has not been found guilty of one or more crimes of violence or for the offense of carrying a weapon within the preceding five years; is not subject to any federal, state or local law which makes it unlawful to receive, possess or transport any firearm, and has had his or her background checked through the Federal Bureau of Investigation`s National Instant Criminal Background Check System (NICS); has not been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime relating to controlled substances within the previous three years; has not been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has not been convicted of 2 or more alcohol offenses within the previous three years; does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired; desires a legal means to carry a concealed handgun to defend himself; has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility; is not a fugitive from justice; has satisfactorily completed a training course as prescribed and approved by the Director of State Police; signs a statement of allegiance to the United States and the Arkansas Constitution.

The director shall issue or deny the license within 120 days. If the director denies the license, the director shall notify the applicant in writing, stating the grounds for denial. The decision of the director shall be final. Within 30 days after the change of address or within 30 days after having a license or handgun lost or disposed of, the licensee shall notify the director in writing of such change or loss or disposition.

Any person in possession of a valid license issued by another state to carry a concealed handgun shall be entitled to the privileges and subject to the restrictions prescribed by Arkansas` concealed handgun law, provided that the concealed handgun law of the state that issued the license is at least as restrictive as Arkansas` concealed handgun law and that the state that issued the license recognizes Arkansas` concealed handgun licenses.

A license does not authorize any person to carry a concealed handgun into any police station, any Arkansas Highway Police facility, any buildings of the Arkansas State Highway and Transportation Department, or onto any parking lots or grounds adjacent to such buildings; any detention facility; any courthouse or courtroom; any portion of an establishment, except a restaurant, licensed to dispense alcoholic beverages for consumption on the premises; any school or college or event unless for the purpose of participating in an authorized firearms-related activity; any polling place; meeting of a governmental body; any state office building; place of worship; airport terminal; or where prohibited by federal law. Carrying of a concealed handgun may not be allowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than 10 feet that the "carrying of a handgun is prohibited" and posted at each entrance to the location. No sign shall be required for private homes and any licensee entering a private home shall notify the occupants that he is carrying a concealed handgun.

It is unlawful to transport a firearm in a boat at night, unless it is unloaded and cased.

It is unlawful for any person, other than a law enforcement officer or a security guard in the employ of the State or any agency thereof, to carry or possess a loaded firearm in any State office building or other State owned building, or on the State Capitol grounds.

 

ANTIQUES

Arkansas statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.

 

NATIONAL FIREARMS ACT FIREARMS

A machine gun is defined as "a weapon of any description by whatever name known, loaded or unloaded from which more than five shots or bullets may be rapidly, or automatically, or semi-automatically discharged from a magazine, by a single function of the firing device."

Machine guns must be registered with the Secretary of State, in addition to being registered under Federal Law.

 

MISCELLANEOUS

It is unlawful to deface the serial number or identification mark of a firearm, or to knowingly possess such a firearm.

It is unlawful to shoot from or across a public road or right of way.

A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law. This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.

Only the State of Arkansas has the authority to bring suit against a firearm or ammunition manufacturer or dealer, however in a proclamation by the Governor of a state of emergency, the governing body of a local unit of government may enact an emergency ordinance regulating firearms.

 

SOURCES

Arkansas Code Annotated sec. 5-73-101 through sec. 5-73-402.

 

 

 

 

 

 

National Instant Criminal Background Check System Fact Sheet


                                                 Brady Act Requirements

Mandated by the Brady Handgun Violence Prevention Act (Brady Act) of 1993, Public Law 103-159, the National Instant Criminal Background Check System (NICS) was established for Federal Firearms Licensees (FFLs) to contact by telephone, or other electronic means, for information to be supplied immediately on whether the transfer of a firearm would be in violation of Section 922 (g) or (n) of Title 18, United States Code, or state law. The Brady Act is a public record and is available from many sources including the Internet at www.atf.treas.gov.

The NICS is a national system that checks available records on persons who may be disqualified from receiving firearms. The FBI developed the system through a cooperative effort with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and local and state law enforcement agencies. The NICS is a computerized background check system designed to respond within 30 seconds on most background check inquiries so the FFLs receive an almost immediate response. Depending on the willingness of state governments to act as a liaison for the NICS, the FFLs contact either the FBI or a designated state point-of-contact (POC) to initiate background checks on individuals purchasing or redeeming firearms, and in certain instances, firearm-related permits. The background check process, as performed by the FBI and by state POCs, is described below.

                                               The NICS Section

Located at the FBI's Criminal Justice Information Services (CJIS) Division in Clarksburg, West Virginia, the NICS Section processes background checks for the FFLs in those states that have declined to serve as POCs for the NICS. The FFLs conducting business in these states will contact the NICS either by telephone, via one of two contracted call centers, or electronically by the NICS E-Check System via the Internet. When contacting the NICS by telephone, the FFL will provide the prospective After contacting the NICS, via two contracted call centers, either by telephone or electronically by the NICS E-Check System via the Internet, FFLs will provide the descriptive information provided on the ATF Form 4473, which is required by law to be completed and signed by every prospective firearm transferee. The prospective firearm transferee's descriptive information is required descriptive , the FFL will receive a response that the transfer may proceed or is delayed. This response is typically provided within 30 seconds.

If no matching records are returned by any of the databases, the transaction is automatically proceeded. If the NICS returns a match of the prospective firearm transferee's descriptive information to that of record information located in any of the databases, the FFL is advised that the transaction is delayed. While the FFL is still on the telephone, the call is placed on hold and transferred to the NICS Section in Clarksburg, West Virginia, for a quick review and evaluation by an FBI NICS Legal Instruments Examiner (NICS Examiner). If the record information returned by the NICS presents a valid match to the descriptive information of the prospective firearm transferee, the NICS Examiners, who have access to protected information (as opposed to Call Center personnel who do not have such access) reviews the information if state and federal firearm prohibitive criteria exists. If the information matched by the NICS is not a valid match or no prohibitive criteria exists, the FBI NICS Examiner will advise the FFL to PROCEED with the firearm transaction. The FFL must record the NICS Transaction Number (NTN) on the ATF Form 4473 and retain the form for auditing purposes.

If it is determined that prohibitive criteria exists, the FBI NICS Examiner will advise the FFL to DENY the firearm transaction. If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS Examiner will advise the FFL to DELAY the firearm transaction and the call is concluded. The FFL must record the NTN on the ATF Form 4473 and retain the form for auditing purposes.

When a transaction is DELAYED, the FBI NICS Examiner begins extensive research on the potential prohibitor. When the research is complete, the FBI NICS Examiner calls the FFL and gives a PROCEED or DENY decision on the firearm transaction.

On the third business day of a DELAYED transaction, the NICS Examiner is required to call the FFL and advise him/her of their rights under the Brady Act to transfer the firearm after the third business day. If the delayed transaction cannot be resolved within the allowed three business days, it is at the discretion of the FFL whether to allow the firearm transfer. However, the NICS Section continues to research the case in an effort to obtain complete disposition information. Business days do not include the day the check was initiated Saturdays, Sundays, and any day state offices in the state of purchase are closed.

                                  Privacy and Security of NICS Information

The privacy and security of the information in the NICS is of great importance. In October of 1998, the Attorney General published regulations on the privacy and security of NICS information, including the proper and official use of this information. These regulations are available on the NICS web site (www.fbi.gov/hq/cjisd/nics/index.htm). Data stored in the NICS are documented federal data, and access to that information is restricted to agencies authorized by the FBI. Extensive measures are taken to ensure the security and integrity of the system information and agency use. The NICS is not to be used to establish a federal firearm registry; information about an inquiry resulting in an allowed transfer is destroyed in accordance with NICS regulations.

 

 

                                                     NICS Appeals

Individuals who are denied the purchase of a firearm may request that the NICS or the state which processed their transaction provide the reasons for the denial. The regulations address the process for filing an appeal. Appellants must include the NTN assigned to their transaction. Appeals may be submitted via facsimile at 1-888-55-6427; by e-mail at nicsappeals@leo.gov; or by mail to the NICS Section, Appeal Services Unit, Post Office Box 4278, Clarksburg,
West Virginia 26302-9922.

                   Federal Categories of Persons Prohibited From Receiving

1. A Person convicted of/under indictment for a crime punishable by imprisonment for a term exceeding one year, whether or not sentence was imposed. This includes misdemeanor offenses with a potential term of imprisonment in excess of two years, whether or not the sentence was imposed.

2. A person who is a fugitive from justice; for example, the subject of an active felony or misdemeanor warrant.

3. An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use of possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.

4. A person adjudicated a mental defective or involuntarily commited to a mental institution or incompetent to handle their own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.

5. An alien illegally/unlawfully in the United States or a non-immigrant who does not qualify for exceptions under 18 United States Code 922(y); for example, not having possession of a valid hunting license.

6. A person dishonorably discharged from the United States Armed Forces.

7. A person who has renounced their citizenship.

8. The subject of a protection order issued after a hearing of which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.

9. A person convicted in any court of a misdemeanor crime which has an element or the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.

 

 

FEDERAL FIREARMS LAWS

 


GUN CONTROL ACT OF 1968

 

SUMMARY

The basic objectives of Title I of the Gun Control Act of 1968 were to ban mail-order sales of firearms and ammunition, confine the purchase of firearms to the buyer's state of residence, and prohibit certain classes of persons from purchasing, receiving or transporting firearms or ammunition in interstate commerce. Specifically, Title I prohibits dealers from selling any firearm or ammunition to any person who is:

a. convicted of or under indictment for a felony

b.a fugitive

c.adjudicated as a mental defective or who has been committed to any mental institution.

d.addicted to or an unlawful user of marihuana or a stimulant, depressant, or narcotic drug.

e.less than eighteen years of age for the purchase of a shotgun or rifle

f.less than twenty-one years of age for the purchase of a firearm that is other than a shotgun or rifle

g.a non resident of the State in whichthe licensee's place of business is located

h.an alien illegally or unlawfully in the United States

i.dishonorably discharged from the armed forces

j.subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner

k.convicted in any court of a misdemeanor crime of domestic violence

Such persons correspondingly are prohibited from purchasing or otherwise acquiring any firearm or ammunition which has been shipped in interstate commerce, and also are prohibited from shipping or transporting any firearm or ammunition in interstate commerce.

With certain exceptions-primarily, the purchase of rifles and shotguns-all over-the-counter purchases of firearms by persons other than dealers must be made within the buyer's state ofresidence. A private individual is prohibited from selling a firearm to any buyer whom he has reason to believe resides in another state.

Title I also requires all persons engaged in the business of dealing in firearms to be federally licensed. Dealers must require from all firearms purchasers proof of identity and residence, and buyers must sign under penalty of statement certifying eligibility to purchase.

It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm unless the federal firearms licensee contacts the national instant criminal background check system via a chief law enforcement officer and receives notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the firearm by the transferee would violate Federal, State, or local law.

Dealers are required to keep records of all firearms and are forbidden from selling handguns to persons under 21, or rifles and shotguns to persons under 18. Additionally, dealers are prohibited from making any sale of firearms or ammunition which would place the buyer in violation of state or local law.

Finally, Title I forbids the importation of some military surplus firearms, and permits importation only of firearms shown to be "particularly suitable for, or readily adaptable for sporting purposes."

Title II of the Gun Control Act of 1968 is a revision of the National Firearms Act of 1934, and pertains to machine guns, short or "sawed-off" shotguns and rifles, and so-called "destructive devices" (including grenades, mortars, rocket launchers, large projectiles, and other heavy ordance).Acquisition of these weapons is subject to prior approval of the Attorney General, and federal registration is required for possession. Generally, a $200 tax is imposed upon each transfer or making of any Title II weapon.

A violation of most provisions of Title I, or the making of any false statement with respect to information required to be recorded for the acquisition or sale of firearms or ammunition, is punishable by imprisonment for up to five years and a $5,000 fine.

Any person convicted of transporting or receiving firearms or ammunition in interstate commerce with intent to commit a felony therewith may be punished by imprisonment for up to ten years, and fined up to $10,000.

In addition, any firearms "involved in or used or intended to be used in" any violation of Title I, or of any regulation promulgated thereunder, or of any violation of any federal criminal law, is subject to seizure and foriture. Any violation of, or failure to comply with, any provision of Title II is punishable by imprisonment for up to ten years and a $10,000 fine. (Emphasis added.)

Administration and enforcement of the Gun Control Act are the responsibility of the Bureau of Alcohol, Tobacco, Firearms and Explosives, of the U.S. Department of Justice.

 


 

Gun Control Act Of 1968

(P. L. 90-618 As Amended,

Principally By P.L. 99-3081)

 

 

Title I : State Firearms Control Assistance

 

Chapter 44. Firearms

(Title18, U.S. Code, Sections 921-929)

 

PURPOSE

SEC. 101.The Congress hereby declares that the purpose of this title is to provide support to Federal, State, and local law enforcement officials in their fight against crime and violence, and it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title.


Sec. 921. Definitions

 

(a) As used in this chapter [18 USCS Sec.Sec.921 et seq.]:

(1) The term "person" and the term "whoever" include any individual, corporation, company, association, firm, partnership, society, or joint stock company.

(2) The term "interstate or foreign commerce" includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).

(3) The term "firearm" means

(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

(B) the frame or receiver of any such weapon;

(C) any firearm muffler or firearm silencer; or

(D) any destructive device. Such term does not include an antique firearm.(4) The term "destructive device" means:

(A) any explosive, incendiary, or poison gas:

(i) bomb,

(ii) grenade,

(iii) rocket having a propellant charge of more than four ounces,

(iv) missile having an explosive or incendiary charge of more than one-quarter ounce,

(v) mine, or

(vi) device similar to any of the devices described in the preceding clauses;

(B) any type of weapon (other than a shotgun or a shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and

(C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled.

The term "destructive device" shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordinance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.

(5) The term "shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

(6) The term "short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than twenty-six inches.

(7) The term "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.

(8) The term "short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.

(9) The term "importer" means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; and the term "licensed importer" means any such person licensed under the provisions of this chapter [18 USCS Sec.Sec.921 et seq.].

(10) The term "manufacturer" means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and the term "licensed manufacturer" means any such person licensed under the provisions of this chapter [18 USCS Sec.Sec.921 et seq.].

(11) The term "dealer" means (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term "licensed dealer" means any dealer who is licensed under the provisions of this chapter [18 USCS Sec.Sec.921 et seq].

(12) The term "pawnbroker" means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money.

(13) The term "collector" means any person who acquires, holds, or disposes of firearms as curios or relics, as the Secretary shall by regulation define, and the term "licensed collector" means any such person licensed under the provisions of this chapter [18 USCS Sec.Sec.921 et seq.].

(14) The term "indictment" includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.

(15) The term "fugitive from justice" means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.

(16) The term "antique firearm" means:

(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

(B) any replica of any firearm described in subparagraph (A) if such replica:

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.For purposes of this subparagraph, the term "antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

(17)(A) The term "ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.

(B) The term "armor piercing ammunition" means:

(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or

(ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.

(C)The term "armor piercing ammunition" does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Secretary finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Secretary finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.

(18) The term "Attorney General" means the Attorney General or his delegate.

(19) The term "published ordinance" means a published law of any political subdivision of a State which the Secretary determines to be relevant to the enforcement of this chapter [18 USCS Sec.Sec.921 et seq.] and which is contained on a list compiled by the Secretary, which list shall be published in the Federal Register, revised annually, and furnished to each licensee under this chapter [18 USCS Sec.Sec.921 et seq.].

(20) The term "crime punishable by imprisonment for a term exceeding one year" does not include:

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

(21) The term "engaged in the business" means:

(A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured;

(B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;

(C) as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;

(D) as applied to a dealer in firearms, as defined in section 921(a)(11)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms;

(E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported; and

(F) as applied to an importer of ammunition, a person who devotes time, attention, and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported.

(22) The term "with the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided, That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph, the term "terrorism" means activity, directed against United States persons, which:

(A) is committed by an individual who is not a national or permanent resident alien of the United States;

(B) involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the United States; and

(C) is intended:

(I) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion; or

(iii) to affect the conduct of a government by assassination or kidnapping.

(23) The term "machinegun" has the meaning given such term in section 5845(b) of the National Firearms Act (26 U.S.C. 5845(b)).

(24) The terms "firearm silencer" and "firearm muffler" mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

(25) The term "school zone" means&endash;&endash;

(A) in, or on the grounds of, a public, parochial or private school; or

(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

(26) The term "school" means a school which provides elementary or secondary education, as determined under State law.

(27) The term "motor vehicle" has the meaning given such term in section 13102 of title 49, United States Code.

(28) The term "semiautomatic rifle" means any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.

(29) The term "handgun" means&endash;&endash;

(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and

(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.

(30) The term "semiautomatic assault weapon" means&endash;&endash;

(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as&endash;&endash;

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta Ar70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique National FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of&endash;&endash;

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a bayonet mount;

(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

(v) a grenade launcher;

(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of&endash;&endash;

(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and

(v) a semiautomatic version of an automatic firearm; and

(D) a semiautomatic shotgun that has at least 2 of&endash;&endash;

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a fixed magazine capacity in excess of 5 rounds; and

(iv) an ability to accept a detachable magazine.

(31) The term "large capacity ammunition feeding device"&endash;&endash;

(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 [enacted Sept. 13, 1994] that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

(32) The term "intimate partner" means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.

(33)(A) Except as provided in subparagraph (C), the term "misdemeanor crime of domestic violence" means an offense that&endash;&endash;

(i) is a misdemeanor under Federal or State law; and

(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

(B) (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter [18 USCS Sec.Sec.921 et seq.], unless&endash;&endash;

(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either

(aa) the case was tried by a jury, or

(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter [18 USCS Sec.Sec.921 et seq.] if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

(b) For the purposes of this chapter [18 USCS Sec.Sec.921 et seq], a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.

(34) The term "secure gun storage or safety device" means:

(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;

(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device;or

(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.


                                    Sec. 922. Unlawful acts

 

(a) It shall be unlawful:

(1) or any person:

(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce;or

(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;

(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that:

(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received;and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;

(B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and

(C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or anypossession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States;

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1954), short-barreled shotgun, or short-barreledrifle, except as specifically authorized by the Secretary consistent with public safety and necessity;

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely todeceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;

(7) for any person to manufacture or import armor piercing ammunition, except that this paragraph shall not apply to:

(A) the manufacture or importation of such ammunition for the use of the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof;

(B) the manufacture of such ammunition for the purpose of exportation;and

(C) any manufacture or importation for the purposes of testing or experimentation authorized by the Secretary;

(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, except that this paragraph shall not apply to:

(A) the sale or delivery by a manufacturer or importer of such ammunition for use of the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof;

(B) the sale or delivery by a manufacturer or importer of such ammunition for the purpose of exportation;

(C) the sale or delivery by a manufacturer or importer of such ammunition for the purposes of testing or experimenting authorized by the Secretary;and

(9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver:

(1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance;

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in whichthe licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

(4) to any person any destructive device, machinegun (as defined insection 5845 of the Internal Revenue Code of 1954), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Secretary consistent with public safety and necessity;and

(5) any firearm or armor-piercing ammunition to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other businessentity.

Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors.Paragraph (4) of this subsection shall not apply to a sale or delivery to any research organization designated by the Secretary.

(c) In any case not otherwise prohibited by this chapter, a licensed importer, licensed manufacturer, or licensed dealer may sell a firearm to a person who does not appear in person at the licensee's business premises (other than another licensed importer, manufacturer, or dealer) only if:

(1) the transferee submits to the transferor a sworn statement in the following form:

"Subject to penalties provided by law, I swear that, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age;that I am not prohibited by the provisions of chapter 44 of title 18, United States Code, from receiving a firearm in interstate or foreign commerce;and that my receipt of this firearm will not be in violation of any statute of the State and published ordinance applicable to the locality in which I reside.Further, the true title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered are

...................................................................

Signature ................................ Date ............................"

and containing blank spaces for the attachment of a true copy of any permit or other information required pursuant to such statute or published ordinance;

(2) the transferor has, prior to the shipment or delivery of the firearm, forwarded by registered or certified mail (return receipt requested) a copy of the sworn statement, together with a description of the firearm, in a form prescribed by the Secretary, to the chief law enforcement officer of the transferee's place of residence, and has received a return receipt evidencing delivery of the statement or has had the statement returned due to the refusal of the named addressee to accept such letter in accordance with United States Post Office Department regulations;and

(3) the transferor has delayed shipment or delivery for a period of at least seven days following receipt of the notification of the acceptance or refusal of delivery of the statement.

A copy of the sworn statement and a copy of the notification to the local law enforcement officer, together with evidence of receipt or rejection of that notification shall be retained by the licensee as a part of the records required to be kept under section 923(g).

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person:

(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) is a fugitive from justice;

(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) has been adjudicated as a mental defective or has been committed to any mental institution;

(5) who, being an alien: (A) is illegally or unlawfully in the United States;or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that:

(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate;and

(B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child;or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;or

(9) has been convicted in any court of a misdemeanor crime of domestic violence.

This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of this chapter.

(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped;except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter.No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

(f) (1) It shall be unlawful for any common or contract carrier to transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment, transportation, or receipt thereof would be in violation of the provisions of this chapter.

(2) It shall be unlawful for any common or contract carrier to deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm.

 

(g) It shall be unlawful for any person:

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) who is a fugitive from justice;

(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

(5) who, being an alien:

(A) is illegally or unlawfully in the United States;or

(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));

(6) who has been discharged from the Armed Forces under dishonorable conditions;

(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) who is subject to a court order that:

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child;and

(C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child;or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition;or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

 

(h) It shall be unlawful for any individual, who to that individual's knowledge and while being employed for any person described in any paragraph of subsection (g) of this section, in the course of such employment:

(1) to receive, possess, or transport any firearm or ammunition in oraffecting interstate or foreign commerce;or

(2) to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

(i)It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

(j) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

 

(k) It shall be unlawful for any person knowingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered or to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.

 

(l) Except as provided in section 925(d) of this chapter, it shall be unlawful for any person knowingly to import or bring into the United States or any possession thereof any firearm or ammunition;and it shall be unlawful for any person knowingly to receive any firearm or ammunition which has been imported or brought into the United States or any possession thereof in violation of the provisions of this chapter.

 

(m) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector knowingly to make any false entry in, to fail to make appropriate entry in, or to fail to properly maintain, any record which he is required to keep pursuant to section 923 of this chapter or regulations promulgated thereunder.

 

(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

(o) (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

(2) This subsection does not apply with respect to:

(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department,agency, or political subdivision thereof;or

(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

(p) (1) It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm:

(A) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk- through metal detectors calibrated and operated to detect the Security Exemplar;or

(B) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component.Barium sulfate or other compounds may be used in the fabrication of the component.

(2) For purposes of this subsection:

(A) the term "firearm" does not include the frame or receiver of any such weapon;

(B) the term "major component" means, with respect to a firearm, the barrel, the slide or cylinder, or the frame or receiver of the firearm;and

(C) the term "Security Exemplar" means an object, to be fabricated at the direction of the Secretary, that is:

(i) constructed of, during the 12-month period beginning on the date of theenactment of this subsection, 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun;and

(ii) suitable for testing and calibrating metal detectors:

Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Secretary shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of firearms previously prohibited under this subparagraph that are as detectable as a "Security Exemplar" which contains 3.7 ounces of material type 17-4 PH stainless steel, in a shape resembling a handgun, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology.

(3) Under such rules and regulations as the Secretary shall prescribe, this subsection shall not apply to the manufacture, possession, transfer, receipt, shipment, or delivery of a firearm by a licensed manufacturer or any person acting pursuant to a contract with a licensed manufacturer, for the purpose of examining and testing such firearm to determine whether paragraph (1) applies to such firearm.The Secretary shall ensure that rules and regulations adopted pursuant to this paragraph do not impair the manufacture of prototype firearms or the development of new technology.

(4) The Secretary shall permit the conditional importation of a firearm by a licensed importer or licensed manufacturer, for examination and testing to determine whether or not the unconditional importation of such firearm would violate this subsection.

(5) This subsection shall not apply to any firearm which:

(A) has been certified by the Secretary of Defense or the Director of Central Intelligence, after consultation with the Secretary and the Administrator of the Federal Aviation Administration, as necessary for military or intelligence applications;and

(B) is manufactured for and sold exclusively to military or intelligence agencies of the United States.

(6) This subsection shall not apply with respect to any firearm manufactured in, imported into, or possessed in the United States before the date of the enactment of the Undetectable Firearms Act of 1988.2

(q) (1) The Congress finds and declares that:

(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;

(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;

(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary the House of Representatives and the Committee on the Judiciary of the Senate;

(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;

(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;

(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;

(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;

(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves: even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures;and

(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation's schools by enactment of this subsection.

(2) (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm:

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is:

(I) not loaded;and

(II) in a locked container, or a locked firearms rack that is on a motorvehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity;or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

(3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.

(B) Subparagraph (A) does not apply to the discharge of a firearm:

(i) on private property not part of school grounds;

(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

(iii) by an individual in accordance with a contract entered into between aschool in a school zone and the individual or an employer of the individual;or

(iv) by a law enforcement officer acting in his or her official capacity.

(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

(r) It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to:

(1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or

(2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Secretary.

(s) (1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was received) to an individual who is not licensed under section 923, unless:

(A) after the most recent proposal of such transfer by the transferee:

(i) the transferor has:

(I) received from the transferee a statement of the transferee containing the information described in paragraph (3);

(II) verified the identity of the transferee by examining the identification document presented;

(III) within 1 day after the transferee furnishes the statement, provided notice of the contents of the statement to the chief law enforcement officer of the place of residence of the transferee;and

(IV) within 1 day after the transferee furnishes the statement, transmitted a copy of the statement to the chief law enforcement officer of the place of residence of the transferee;and

(ii) (I) 5 business days (meaning days on which State offices are open) have elapsed from the date the transferor furnished notice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law;or

(II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law;

(B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee;

(C) (i) the transferee has presented to the transferor a permit that:

(I) allows the transferee to possess or acquire a handgun;and

(II) was issued not more than 5 years earlier by the State in which the transfer is to take place;and

(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of the law;

(D) the law of the State requires that, before any licensed importer,licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 923, an authorized government official verify that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law;

(E) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986;or

(F) on application of the transferor, the Secretary has certified that compliance with subparagraph (A)(i)(III) is impracticable because:

(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;

(ii) the business premises of the transferor at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and

(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located.

(2) A chief law enforcement officer to whom a transferor has provided notice pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effort to ascertain within 5 business days whether receipt or possession would be in violation of the law, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General.

(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only:

(A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1)) of the transferee containing a photograph of the transferee and a description of the identification used;

(B) a statement that the transferee:

(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year, and has not been convicted in any court of a misdemeanor crime of domestic violence;

(ii) is not a fugitive from justice;

(iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act);

(iv) has not been adjudicated as a mental defective or been committed to a mental institution;

(v) is not an alien who:

(I) is illegally or unlawfully in the United States;or

(II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26));

(vi) has not been discharged from the Armed Forces under dishonorable conditions;and

(vii) is not a person who, having been a citizen of the United States, hasrenounced such citizenship;

(C) the date the statement is made;and

(D) notice that the transferee intends to obtain a handgun from the transferor.

(4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall, within 1 business day after receipt of such request, communicate any information related to the transfer that the transferor has about the transfer and the transferee to:

(A) the chief law enforcement officer of the place of business of the transferor;and

(B) the chief law enforcement officer of the place of residence of the transferee.

(5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law.

(6) (A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun transaction, and shall retain evidence that the transferor has complied with subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to the statement.

(B) Unless the chief law enforcement officer to whom a statement is transmitted under paragraph (1)(A)(i)(IV) determines that a transaction would violate Federal, State, or local law:

(i) the officer shall, within 20 business days after the date the transferee made the statement on the basis of which the notice was provided, destroy the statement, any record containing information derived from the statement, and any record created as a result of the notice required by paragraph (1)(A)(i)(III);

(ii) the information contained in the statement shall not be conveyed to any person except a person who has a need to know in order to carry out this subsection;and

(iii) the information contained in the statement shall not be used for any purpose other than to carry out this subsection.

(C) If a chief law enforcement officer determines that an individual is ineligible to receive a handgun and the individual requests the officer to provide the reason for such determination, the officer shall provide such reasons to the individual in writing within 20 business days after receipt of the request.

(7) A chief law enforcement officer or other person responsible for providing criminal history background information pursuant to this subsection shall not be liable in an action at law for damages:

(A) for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this section;or

(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun.

(8) For purposes of this subsection, the term "chief law enforcement officer" means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.

(9) The Secretary shall take necessary actions to ensure that the provisions of this subsection are published and disseminated to licensed dealers, law enforcement officials, and the public.

(t) (1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless:

(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;

(B) (i) the system provides the licensee with a unique identification number;or

(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section;and

(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d)(1) of this title) of the transferee containing a photograph of the transferee.

(2) If receipt of a firearm would not violate subsection (g) or (n) or State law, the system shall:

(A) assign a unique identification number to the transfer;

(B) provide the licensee with the number;and

(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer.

(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if:

(A) (i) such other person has presented to the licensee a permit that:

(I) allows such other person to possess or acquire a firearm;and

(II) was issued not more than 5 years earlier by the State in which the transfer is to take place;and

(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law;

(B) the Secretary has approved the transfer under section 5812 of the Internal Revenue Code of 1986;or

(C) on application of the transferor, the Secretary has certified that compliance with paragraph (1)(A) is impracticable because:

(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;

(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (s)(8));and

(iii) there is an absence of telecommunications facilities in thegeographical area in which the business premises are located.

(4) If the national instant criminal background check system notifies the licensee that the information available to the system does not demonstrate that the receipt of a firearm by such other person would violate subsection (g) or (n) or State law, and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer.

(5) If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law, the Secretary may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000.

(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages:

(A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section;or

(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.

(u) It shall be unlawful for a person to steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing, manufacturing, or dealing in firearms, any firearm in the licensee's business inventory that has been shipped or transported in interstate or foreign commerce.

(v) (1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.

(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.

(3) Paragraph (1) shall not apply to:

(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993;

(B) any firearm that:

(i) is manually operated by bolt, pump, lever, or slide action;

(ii) has been rendered permanently inoperable;or

(iii) is an antique firearm;

(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition;or

(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.

The fact that a firearm is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect.

(4) Paragraph (1) shall not apply to:

(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protectionsystem and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement;or

(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.

(w) (1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.

(3) This subsection shall not apply to:

(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement;or

(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.

(4) If a person charged with violating paragraph (1) asserts that paragraph(1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person.The lack of a serial number as described in section 923(i) of this title shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).

(x) (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile:

(A) a handgun;or

(B) ammunition that is suitable for use only in a handgun.

(2) It shall be unlawful for any person who is a juvenile to knowingly possess:

(A) a handgun;or

(B) ammunition that is suitable for use only in a handgun.

(3) This subsection does not apply to:

(A) a temporary transfer of a handgun or ammunition to a juvenile or to thepossession or use of a handgun or ammunition by a juvenileif the handgun andammunition are possessed and used by the juvenile:

(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;

(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except:

(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor;or

(II) with respect to ranching or farming activities as described in clause(i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;

(iii) the juvenile has the prior written consent in the juvenile's possession at all times when a handgun is in the possession of the juvenile; and

(iv) in accordance with State and local law;

(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;

(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile;or

(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.

(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.

(5) For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age.

(6) (A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings.

(B) The court may use the contempt power to enforce subparagraph (A).

(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.

(y) PROVISIONS RELATING TO ALIENS ADMITTED UNDER NONIMMIGRANT VISAS.:

(1) DEFINITIONS.:In this subsection:

(A) the term "alien" has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3));and

(B) the term "nonimmigrant visa" has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)).

(2) EXCEPTIONS.:Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:

(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;

(B) an official representative of a foreign government who is:

(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or

(ii) en route to or from another country to which that alien is accredited;

(C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State;or

(D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

(3) WAIVER.:

(A) CONDITIONS FOR WAIVER.:Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5), if:

(i) the individual submits to the Attorney General a petition that meets the requirements of subparagraph (C);and

(ii) the Attorney General approves the petition.

(B) PETITION.:Each petition under subparagraph (B) shall:

(i) demonstrate that the petitioner has resided in the United States for a continuous period of not less than 180 days before the date on which the petition is submitted under this paragraph;and

(ii) include a written statement from the embassy or consulate of the petitioner, authorizing the petitioner to acquire a firearm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be prohibited from such acquisition under subsection (g).

(C) APPROVAL OF PETITION.:The Attorney General shall approve a petition submitted in accordance with this paragraph, if the Attorney General determines that waiving the requirements of subsection (g)(5)(B) with respect to the petitioner:

(i) would be in the interests of justice;and

(ii) would not jeopardize the public safety.


APPENDIX A

 

                                          Centerfire Rifles: Autoloaders

Browning BAR Mark II Safari Semi-Auto Rifle Browning BAR Mark II Safari Magnum Rifle Browning High-Power Rifle Heckler & Koch Model 300 Rifle Iver Johnson M-1 Carbine Iver Johnson 50th Anniversary M-1 Carbine Marlin Model 9 Camp Carbine Marlin Model 45 Carbine Remington Nylon 66 Auto-Loading Rifle Remington Model 7400 Auto Rifle Remington Model 7400 Rifle Remington Model 7400 Special Purpose Auto Rifle Ruger Mini-14 Autoloading Rifle (w/o folding stock) Ruger Mini Thirty Rifle

                                Centerfire Rifles:Lever & Slide

Browning Model 81 BLR Lever-Action Rifle Browning Model 81 Long Action BLR Browning Model 1886 Lever-Action Carbine Browning Model 1886 High Grade Carbine Cimarron 1860 Henry Replica Cimarron 1866 Winchester Replicas Cimarron 1873 Short Rifle Cimarron 1873 Sporting Rifle Cimarron 1873 30" Express Rifle Dixie Engraved 1873 Rifle E.M.F. 1866 Yellowboy Lever Actions E.M.F. 1860 Henry Rifle E.M.F. Model 73 Lever-Action Rifle Marlin Model 336CS Lever-Action Carbine Marlin Model 30AS Lever-Action Carbine Marlin Model 444SS Lever-Action Sporter Marlin Model 1894S Lever-Action Carbine Marlin Model 1894CS Carbine Marlin Model 1894CL Classic Marlin Model 1895SS Lever-Action Rifle Mitchell 1858 Henry Replica Mitchell 1866 Winchester Replica Mitchell 1873 Winchester Replica Navy Arms Military Henry Rifle Navy Arms Henry Trapper Navy Arms Iron Frame Henry Navy Arms Henry Carbine Navy Arms 1866 Yellowboy Rifle Navy Arms 1873 Winchester-Style Rifle Navy Arms 1873 Sporting Rifle Remington 7600 Slide Action Remington Model 7600 Special Purpose Slide Action Rossi M92 SRC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Savage 99C Lever-Action Rifle Uberti Henry Rifle Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle Winchester Model 94 Side Eject Lever-Action Rifle Winchester Model 94 Trapper Side Eject Winchester Model 94 Big Bore Side Eject Winchester Model 94 Ranger Side Eject Lever-Action Rifle Winchester Model 94 Wrangler Side Eject

                                    Centerfire Rifles:Bolt Action

Alpine Bolt-Action Rifle A-Square Caesar Bolt-Action Rifle A-Square Hannibal Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1733D Mannlicher Rifle Barret Model 90 Bolt-Action Rifle Beeman/HW 60J Bolt-Action Rifle Blaser R84 Bolt-Action Rifle BRNO 537 Sporter Bolt-Action Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt-Action Rifles Browning A-Bolt Rifle Browning A-Bolt Stainless Stalker Browning A-Bolt Left Hand Browning A-Bolt Short Action Browning Euro-Bolt Rifle Browning A-Bolt Gold Medallion Browning A-Bolt Micro Medallion Century Centurion 14 Sporter Century Enfield Sporter #4 Century Swedish Sporter #38 Century Mauser 98 Sporter Cooper Model 38 Centerfire Sporter Dakota 22 Sporter Bolt-Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 76 Safari Bolt-Action Rifle Dakota 416 Rigby African E.A.A./Sabatti Rover 870 Bolt-Action Rifle Auguste Francotte Bolt-Action Rifles Carl Gustaf 2000 Bolt-Action Rifle Heym Magnum Express Series Rifle Howa Lightning Bolt-Action Rifle Howa Realtree Camo Rifle Interarms Mark X Viscount Bolt-Action Rifle Interarms Mini-Mark X Rifle Interarms Mark X Whitworth Bolt-Action Rifle Interarms Whitworth Express Rifle Iver Johnson Model 5100A1 Long-Range Rifle KDF K15 American Bolt-Action Rifle Krico Model 600 Bolt-Action Rifle Krico Model 700 Bolt-Action Rifles Mauser Model 66 Bolt-Action Rifle Mauser Model 99 Bolt-Action Rifle McMillan Signature Classic Sporter McMillan Signature Super Varminter McMillan Signature Alaskan McMillan Signature Titanium Mountain Rifle McMillan Classic Stainless Sporter McMillan Talon Safari Rifle McMillan Talon Sporter Rifle Midland 1500S Survivor Rifle Navy Arms TU-33/40 Carbine Parker-Hale Model 81 Classic Rifle Parker-Hale Model 81 Classic African Rifle Parker-Hale Model 1000 Rifle Parker-Hale Model 1100M African Magnum Parker-Hale Model 1100 Lightweight Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1200 Super Clip Rifle Parker-Hale Model 1300C Scout Rifle Parker-Hale Model 2100 Midland Rifle Parker-Hale Model 2700 Lightweight Rifle Parker-Hale Model 2800 Midland Rifle Remington Model Seven Bolt-Action Rifle Remington Model Seven Youth Rifle Remington Model Seven Custom KS Remington Model Seven Custom MS Rifle Remington 700 ADL Bolt-Action Rifle Remington 700 BDL Bolt-Action Rifle Remington 700 BDL Varmint Special Remington 700 BDL European Bolt-Action Rifle Remington 700 Varmint Synthetic Rifle Remington 700 BDL SS Rifle Remington 700 Stainless Synthetic Rifle Remington 700 MTRSS Rifle Remington 700 BDL Left Hand Remington 700 Camo Synthetic Rifle Remington 700 Safari Remington 700 Mountain Rifle Remington 700 Custom KS Mountain Rifle Remington 700 Classic Rifle Ruger M77 Mark II Rifle Ruger M77 Mark II Magnum Rifle Ruger M77RL Ultra Light Ruger M77 Mark II All-Weather Stainless Rifle Ruger M77 RSI International Carbine Ruger M77 Mark II Express Rifle Ruger M77VT Target Rifle Sako Hunter Rifle Sako FiberClass Sporter Sako Safari Grade Bolt Action Sako Hunter Left-Hand Rifle Sako Classic Bolt Action Sako Hunter LS Rifle Sako Deluxe Lightweight Sako Super Deluxe Sporter Sako Mannlicher-Style Carbine Sako Varmint Heavy Barrel Sako TRG-S Bolt-Action Rifle Sauer 90 Bolt-Action Rifle Savage 110G Bolt-Action Rifle Savage 110CY Youth/Ladies Rifle Savage 110WLE One of One Thousand Limited Edition Rifle Savage 110GXP3 Bolt-Action Rifle Savage 110F Bolt-Action Rifle Savage 110FXP3 Bolt-Action Rifle Savage 110GV Varmint Rifle Savage 112FV Varmint Rifle Savage Model 112FVS Varmint Rifle Savage Model 112BV Heavy Barrel Varmint Rifle Savage 116FSS Bolt-Action Rifle Savage Model 116FSK Kodiak Rifle Savage 110FP Police Rifle Steyr-Mannlicher Sporter Models SL, L, M, S, S/T Steyr-Mannlicher Luxus Model L, M, S Steyr-Mannlicher Model M Professional Rifle Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka Varmint/Continental Rifle Tikka Whitetail/Battue Rifle Ultra Light Arms Model 20 Rifle Ultra Light Arms Model 28, Model 40 Rifles Voere VEC 91 Lightning Bolt-Action Rifle Voere Model 2165 Bolt-Action Rifle Voere Model 2155, 2150 Bolt-Action Rifles Weatherby Mark V Deluxe Bolt-Action Rifle Weatherby Lasermark V Rifle Weatherby Mark V Crown Custom Rifles Weatherby Mark V Sporter Rifle Weatherby Mark V Safari Grade Custom Rifles Weatherby Weathermark Rifle Weatherby Weathermark Alaskan Rifle Weatherby Classicmark No. 1 Rifle Weatherby Weatherguard Alaskan Rifle Weatherby Vanguard VGX Deluxe Rifle Weatherby Vanguard Classic Rifle Weatherby Vanguard Classic No. 1 Rifle Weatherby Vanguard Weatherguard Rifle Wichita Classic Rifle Wichita Varmint Rifle Winchester Model 70 Sporter Winchester Model 70 Sporter WinTuff Winchester Model 70 SM Sporter Winchester Model 70 Stainless Rifle Winchester Model 70 Varmint Winchester Model 70 Synthetic Heavy Varmint Rifle Winchester Model 70 DBM Rifle Winchester Model 70 DBM-S Rifle Winchester Model 70 Featherweight Winchester Model 70 Featherweight WinTuff Winchester Model 70 Featherweight Classic Winchester Model 70 Lightweight Rifle Winchester Ranger Rifle Winchester Model 70 Super Express Magnum Winchester Model 70 Super Grade Winchester Model 70 Custom  Sharpshooter Winchester Model 70 Custom Sporting Sharpshooter Rifle

                                   Centerfire Rifles: Single Shot

Armsport 1866 Sharps Rifle, Carbine Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G-90 Single Shot Rifle Harrington & Richardson Ultra Varmint Rifle Model 1885 High Wall Rifle Navy Arms Rolling Block Buffalo Rifle Navy Arms #2 Creedmoor Rifle Navy Arms Sharps Cavalry Carbine Navy Arms Sharps Plains Rifle New England Firearms Handi-Rifle Red Willow Armory Ballard No. 5 Pacific Red Willow Armory Ballard No. 1.5 Hunting Rifle Red Willow Armory Ballard No. 8 Union Hill Rifle Red Willow Armory Ballard No. 4.5 Target Rifle Remington-Style Rolling Block Carbine Ruger No. 1B Single Shot Ruger No. 1A Light Sporter Ruger No. 1H Tropical Rifle Ruger No. 1S Medium Sporter Ruger No. 1 RSI International Ruger No. 1V Special Varminter C.Sharps Arms New Model 1874 Old Reliable C.Sharps Arms New Model 1875 Rifle C.Sharps Arms 1875 Classic Sharps C.Sharps Arms New Model 1875 Target & Long Range Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Montana Roughrider Shiloh Sharps 1874 Military Carbine Shiloh Sharps 1874 Business Rifle Shiloh Sharps 1874 Military Rifle Sharps 1874 Old Reliable Thompson/Center Contender Carbine Thompson/Center Stainless Contender Carbine Thompson/Center Contender Carbine Survival System Thompson/Center Contender Carbine Youth Model Thompson/Center TCR '87 Single Shot Rifle Uberti Rolling Block Baby Carbine

                           Drillings, Combination Guns, Double Rifles

Beretta Express SSO O/U Double Rifles Beretta Model 455 SxS Express Rifle Chapuis RGExpress Double Rifle Auguste Francotte Sidelock Double Rifles Auguste Francotte Boxlock Double Rifle Heym Model 55B O/U Double Rifle Heym Model 55FW O/U Combo Gun Heym Model 88b Side-by-Side Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck O/U Combination Gun Kreighoff Trumpf Drilling Merkel Over/Under Combination Guns Merkel Drillings Merkel Model 160 Side-by-Side Double Rifles Merkel Over/Under Double Rifles Savage 24F O/U Combination Gun Savage 24F-12T Turkey Gun Springfield Inc. M6 Scout Rifle/Shotgun Tikka Model 412s Combination Gun Tikka Model 412S Double Fire A. Zoli Rifle-Shotgun O/U Combo

                                        Rimfire Rifles: Autoloaders

AMT Lightning 25/22 Rifle AMT Lightning Small-Game Hunting Rifle II AMT Magnum Hunter Auto Rifle Anschutz 525 Deluxe Auto Armscor Model 20P Auto Rifle Browning Auto-22 Rifle Browning Auto-22 Grade VI Krico Model 260 Auto Rifle Lakefield Arms Model 64B Auto Rifle Marlin Model 60 Self-Loading Rifle Marlin Model 60ss Self-Loading Rifle Marlin Model 70 HC Auto Marlin Model 990l Self-Loading Rifle Marlin Model 70P Papoose Marlin Model 922 Magnum Self-Loading Rifle Marlin Model 995 Self-Loading Rifle Norinco Model 22 ATD Rifle Remington Model 522 Viper Autoloading Rifle Remington 552BDL Speedmaster Rifle Ruger 10/22 Autoloading Carbine (w/o folding stock) Survival Arms AR-7 Explorer Rifle Texas Remington Revolving Carbine Voere Model 2115 Auto Rifle

                                Rimfire Rifles: Lever & Slide Action

 

Browning BL-22 Lever-Action Rifle Marlin 39TDS Carbine Marlin Model 39AS Golden Lever-Action Rifle Remington 572BDL Fieldmaster Pump Rifle Norinco EM-321 Pump Rifle Rossi Model 62 SA Pump Rifle Rossi Model 62 SAC Carbine Winchester Model 9422 Lever-Action Rifle Winchester Model 9422 Magnum Lever-Action Rifle

                    Rimfire Rifles: Bolt Actions & Single Shots

Anschutz Achiever Bolt-Action Rifle Anschutz 1416D/1516D Classic Rifles Anschutz 1418D/1518D Mannlicher Rifles Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700 FWT Bolt-Action Rifle Anschutz 1700D Graphite Custom Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Armscor Model 14P Bolt-Action Rifle Armscor Model 1500 Rifle BRNO ZKM-452 Deluxe Bolt-Action Rifle BRNO ZKM 452 Deluxe Beeman/HW 60-J-ST Bolt-Action Rifle Browning A-Bolt 22 Bolt-Action Rifle Browning A-Bolt Gold Medallion Cabanas Phaser Rifle Cabanas Master Bolt-Action Rifle Cabanas Espronceda IV Bolt-Action Rifle Cabanas Leyre Bolt-Action Rifle Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Dakota 22 Sporter Bolt-Action Rifle Krico Model 300 Bolt-Action Rifles Lakefield Arms Mark II Bolt-Action Rifle Lakefield Arms Mark I Bolt-Action Rifle Magtech Model MT-22C Bolt-Action Rifle Marlin Model 880 Bolt-Action Rifle Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action Rifle Marlin Model 883 Bolt-Action Rifle Marlin Model 883SS Bolt-Action Rifle Marlin Model 25MN Bolt-Action Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 15YN "Little Buckaroo" Mauser Model 107 Bolt-Action Rifle Mauser Model 201 Bolt-Action Rifle Navy Arms TU-KKW Training Rifle Navy Arms TU-33/40 Carbine Navy Arms TU-KKW Sniper Trainer Norinco JW-27 Bolt-Action Rifle Norinco JW-15 Bolt-Action Rifle Remington 541-T Remington 40-XR Rimfire Custom Sporter Remington 541-T HB Bolt-Action Rifle Remington 581-S Sportsman Rifle Ruger 77/22 Rimfire Bolt-Action Rifle Ruger K77/22 Varmint Rifle Ultra Light Arms Model 20 RF Bolt-Action Rifle Winchester Model 52B Sporting Rifle

                            Competition Rifles: Centerfire & Rimfire

Anschutz 64-MS Left Silhouette Anschutz 1808D RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 1903D Match Rifle Anschutz 1803D Intermediate Match Anschutz 1911 Match Rifle Anschutz 54.18MS REP Deluxe Silhouette Rifle Anschutz 1913 Super Match Rifle Anschutz 1907 Match Rifle Anschutz 1910 Super Match II Anschutz 54.18MS Silhouette Rifle Anschutz Super Match 54 Target Model 2013 Anschutz Super Match 54 Target Model 2007 Beeman/Feinwerkbau 2600 Target Rifle Cooper Arms Model TRP-1 ISU Standard Rifle E.A.A./Weihrauch HW 60 Target Rifle E.A.A./HW 660 Match Rifle Finnish Lion Standard Target Rifle Krico Model 360 S2 Biathlon Rifle Krico Model 400 Match Rifle Krico Model 360S Biathlon Rifle Krico Model 500 Kricotronic Match Rifle Krico Model 600 Sniper Rifle Krico Model 600 Match Rifle Lakefield Arms Model 90B Target Rifle Lakefield Arms Model 91T Target Rifle Lakefield Arms Model 92S Silhouette Rifle Marlin Model 2000 Target Rifle Mauser Model 86-SR Specialty Rifle McMillan M-86 Sniper Rifle McMillan Combo M-87/M-88 50-Caliber Rifle McMillan 300 Phoenix Long Range Rifle McMillan M-89 Sniper Rifle McMillan National Match Rifle McMillan Long Range Rifle Parker-Hale M-87 Target Rifle Parker-Hale M-85 Sniper Rifle Remington 40-XB Rangemaster Target Centerfire Remington 40-XR KS Rimfire Position Rifle Remington 40-XBBR KS Remington 40-XC KS National Match Course Rifle Sako TRG-21 Bolt-Action Rifle Steyr-Mannlicher Match SPG-UIT Rifle Steyr-Mannlicher SSG P-I Rifle Steyr-Mannlicher SSG P-III Rifle Steyr-Mannlicher SSG P-IV Rifle Tanner Standard UIT Rifle Tanner 50 Meter Free Rifle Tanner 300 Meter Free Rifle Wichita Silhouette Rifle

 

                                            Shotguns: Autoloaders

American Arms/Franchi Black Magic 48/AL Benelli Super Black Eagle Shotgun Benelli Super Black Eagle Slug Gun Benelli M1 Super 90 Field Auto Shotgun Benelli Montefeltro Super 90 20-Gauge Shotgun Benelli Montefeltro Super 90 Shotgun Benelli M1 Sporting Special Auto Shotgun Benelli Black Eagle Competition Auto Shotgun Beretta A-303 Auto Shotgun Beretta 390 Field Auto Shotgun Beretta 390 Super Trap, Super Skeet Shotguns Beretta Vittoria Auto Shotgun Beretta Model 1201F Auto Shotgun Browning BSA 10 Auto Shotgun Browning BSA 10 Stalker Auto Shotgun Browning A-500R Auto Shotgun Browning A-500G Auto Shotgun Browning A-500G Sporting Clays Browning Auto-5 Light 12 and 20 Browning Auto-5 Stalker Browning Auto-5 Magnum 20 Browning Auto-5 Magnum 12 Churchill Turkey Automatic Shotgun Cosmi Automatic Shotgun Maverick Model 60 Auto Shotgun Mossberg Model 5500 Shotgun Mossberg Model 9200 Regal Semi-Auto Shotgun Mossberg Model 9200 USST Auto Shotgun Mossberg Model 9200 Camo Shotgun Mossberg Model 6000 Auto Shotgun Remington Model 1100 Shotgun Remington 11-87 Premier Shotgun Remington 11-87 Sporting Clays Remington 11-87 Premier Skeet Remington 11-87 Premier Trap Remington 11-87 Special Purpose Magnum Remington 11-87 SPS-T Camo Auto Shotgun Remington 11-87 Special Purpose Deer Gun Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun Remington 11-87 SPS-Deer Shotgun Remington 11-87 Special Purpose Synthetic Camo Remington SP-10 Magnum-Camo Auto Shotgun Remington SP-10 Magnum Auto Shotgun Remington SP-10 Magnum Turkey Combo Remington 1100 LT-20 Auto Remington 1100 Special Field Remington 1100 20-Gauge Deer Gun Remington 1100 LT-20 Tournament Skeet Winchester Model 1400 Semi-Auto Shotgun

                                         Shotguns: Slide Actions

Browning Model 42 Pump Shotgun Browning BPS Pump Shotgun Browning BPS Stalker Pump Shotgun Browning BPS Pigeon Grade Pump Shotgun Browning BPS Pump Shotgun (Ladies and Youth Model) Browning BPS Game Gun Turkey Special Browning BPS Game Gun Deer Special Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Deerslayer Shotgun Ithaca Deerslayer II Rifled Shotgun Ithaca Model 87 Turkey Gun Ithaca Model 87 Deluxe Pump Shotgun Magtech Model 586-VR Pump Shotgun Maverick Models 88, 91 Pump Shotguns Mossberg Model 500 Sporting Pump Mossberg Model 500 Camo Pump Mossberg Model 500 Muzzleloader Combo Mossberg Model 500 Trophy Slugster Mossberg Turkey Model 500 Pump Mossberg Model 500 Bantam Pump Mossberg Field Grade Model 835 Pump Shotgun Mossberg Model 835 Regal Ulti-Mag Pump Remington 870 Wingmaster Remington 870 Special Purpose Deer Gun Remington 870 SPS-BG-Camo Deer/Turkey Shotgun Remington 870 SPS-Deer Shotgun Remington 870 Marine Magnum Remington 870 TC Trap Remington 870 Special Purpose Synthetic Camo Remington 870 Wingmaster Small Gauges Remington 870 Express Rifle Sighted Deer Gun Remington 870 SPS Special Purpose Magnum Remington 870 SPS-T Camo Pump Shotgun Remington 870 Special Field Remington 870 Express Turkey Remington 870 High Grades Remington 870 Express Remington Model 870 Express Youth Gun Winchester Model 12 Pump Shotgun Winchester Model 42 High Grade Shotgun Winchester Model 1300 Walnut Pump Winchester Model 1300 Slug Hunter Deer Gun Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun Winchester Model 1300 Turkey Gun Winchester Model 1300 Ranger Pump Gun

                                    Shotguns: Over/Unders

American Arms/Franchi Falconet 2000 O/U American Arms Silver I O/U American Arms Silver II Shotgun American Arms Silver Skeet O/U American Arms/Franchi Sporting 2000 O/U American Arms Silver Sporting O/U American Arms Silver Trap O/U American Arms WS/OU 12, TS/OU 12 Shotguns American Arms WT/OU 10 Shotgun Armsport 2700 O/U Goose Gun Armsport 2700 Series O/U Armsport 2900 Tri-Barrel Shotgun Baby Bretton Over/Under Shotgun Beretta Model 686 Ultralight O/U Beretta ASE 90 Competition O/U Shotgun Beretta Over/Under Field Shotguns Beretta Onyx Hunter Sport O/U Shotgun Beretta Model SO5, SO6, SO9 Shotguns Beretta Sporting Clay Shotguns Beretta 687EL Sporting O/U Beretta 682 Super Sporting O/U Beretta Series 682 Competition Over/Unders Browning Citori O/U Shotgun Browning Superlight Citori Over/Under Browning Lightning Sporting Clays Browning Micro Citori Lightning Browning Citori Plus Trap Combo Browning Citori Plus Trap Gun Browning Citori O/U Skeet Models Browning Citori O/U Trap Models Browning Special Sporting Clays Browning Citori GTI Sporting Clays Browning 325 Sporting Clays Centurion Over/Under Shotgun Chapuis Over/Under Shotgun Connecticut Valley Classics Classic Sporter O/U Connecticut Valley Classics Classic Field Waterfowler Charles Daly Field Grade O/U Charles Daly Lux Over/Under E.A.A./Sabatti Sporting Clays Pro-Gold O/U E.A.A./Sabatti Falcon-Mon Over/Under Kassnar Grade I O/U Shotgun Krieghoff K-80 Sporting Clays O/U Krieghoff K-80 Skeet Shotgun Krieghoff K-80 International Skeet Krieghoff K-80 Four-Barrel Skeet Set Krieghoff K-80/RT Shotguns Krieghoff K-80 O/U Trap Shotgun Laurona Silhouette 300 Sporting Clays Laurona Silhouette 300 Trap Laurona Super Model Over/Unders Ljutic LM-6 Deluxe O/U Shotgun Marocchi Conquista Over/Under Shotgun Marocchi Avanza O/U Shotgun Merkel Model 200E O/U Shotgun Merkel Model 200E Skeet, Trap Over/Unders Merkel Model 203E, 303E Over/Under Shotguns Perazzi Mirage Special Sporting O/U Perazzi Mirage Special Four-Gauge Skeet Perazzi Sporting Classic O/U Perazzi MX7 Over/Under Shotguns Perazzi Mirage Special Skeet Over/Under Perazzi MX8/MX8 Special Trap, Skeet Perazzi MX8/20 Over/Under Shotgun Perazzi MX9 Single Over/Under Shotguns Perazzi MX12 Hunting Over/Under Perazzi MX28, MX410 Game O/U Shotguns Perazzi MX20 Hunting Over/Under Piotti Boss Over/Under Shotgun Remington Peerless Over/Under Shotgun Ruger Red Label O/U Shotgun Ruger Sporting Clays O/U Shotgun San Marco 12-Ga. Wildflower Shotgun San Marco Field Special O/U Shotgun San Marco 10-Ga. O/U Shotgun SKB Model 505 Deluxe Over/Under Shotgun SKB Model 685 Over/Under Shotgun SKB Model 885 Over/Under Trap, Skeet, Sporting Clays Stoeger/IGA Condor I O/U Shotgun Stoeger/IGA ERA 2000 Over/Under Shotgun Techni-Mec Model 610 Over/Under Tikka Model 412S Field Grade Over/Under Weatherby Athena Grade IV O/U Shotguns Weatherby Athena Grade V Classic Field O/U Weatherby Orion O/U Shotguns Weatherby II, III Classic Field O/Us Weatherby Orion II Classic Sporting Clays O/U Weatherby Orion II Sporting Clays O/U Winchester Model 1001 O/U Shotgun Winchester Model 1001 Sporting Clays O/U Pietro Zanoletti Model 2000 Field O/U

                                       Shotguns: Side by Sides

American Arms Brittany Shotgun American Arms Gentry Double Shotgun American Arms Derby Side-by-Side American Arms Grulla #2 Double Shotgun American Arms WS/SS 10 American Arms TS/SS 10 Double Shotgun American Arms TS/SS 12 Side-by-Side Arrieta Sidelock Double Shotguns Armsport 1050 Series Double Shotguns Arizaga Model 31 Double Shotgun AYA Boxlock Shotguns AYA Sidelock Double Shotguns Beretta Model 452 Sidelock Shotgun Beretta Side-by-Side Field Shotguns Crucelegui Hermanos Model 150 Double Chapuis Side-by-Side Shotgun E.A.A./Sabatti Saba-Mon Double Shotgun Charles Daly Model Dss Double Ferlib Model F VII Double Shotgun Auguste Francotte Boxlock Shotgun Auguste Francotte Sidelock Shotgun Garbi Model 100 Double Garbi Model 101 Side-by-Side Garbi Model 103A, B Side-by-Side Garbi Model 200 Side-by-Side Bill Hanus Birdgun Doubles Hatfield Uplander Shotgun Merkel Model 8, 47E Side-by-Side Shotguns Merkel Model 47LSC Sporting Clays Double Merkel Model 47S, 147S Side-by-Sides Parker Reproductions Side-by-Side Piotti King No. 1 Side-by-Side Piotti Lunik Side-by-Side Piotti King Extra Side-by-Side Piotti Piuma Side-by-Side Precision Sports Model 600 Series Doubles Rizzini Boxlock Side-by-Side Rizzini Sidelock Side-by-Side Stoeger/IGA Uplander Side-by-Side Shotgun Ugartechea 10-Ga. Magnum Shotgun

                           Shotguns: Bolt Actions & Single Shots

Armsport Single Barrel Shotgun Browning BT-99 Competition Trap Special Browning BT-99 Plus Trap Gun Browning BT-99 Plus Micro Browning Recoilless Trap Shotgun Browning Micro Recoilless Trap Shotgun Desert Industries Big Twenty Shotgun Harrington & Richardson Topper Model 098 Harrington & Richardson Topper Classic Youth Shotgun Harrington & Richardson N.W.T.F. Turkey Mag Harrington & Richardson Topper Deluxe Model 098 Krieghoff KS-5 Trap Gun Krieghoff KS-5 Special Krieghoff K-80 Single Barrel Trap Gun Ljutic Mono Gun Single Barrel Ljutic LTX Super Deluxe Mono Gun Ljutic Recoilless Space Gun Shotgun Marlin Model 55 Goose Gun Bolt Action New England Firearms Turkey and Goose Gun New England Firearms N.W.T.F. Shotgun New England Firearms Tracker Slug Gun New England Firearms Standard Pardner New England Firearms Survival Gun Perazzi TM1 Special Single Trap Remington 90-T Super Single Shotgun Snake Charmer II Shotgun Stoeger/IGA Reuna Single Barrel Shotgun Thompson/Center TCR '87 Hunter Shotgun.


                                           Sec. 924. Penalties

 

 

(a) (1) Except as otherwise provided in this subsection, subsection (b), (c), or (f) of this section, or in section 929, whoever:

(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;

(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922;

(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(l);or

(D) willfully violates any other provision of this chapter, shall be fined under this title, imprisoned not more than five years, or both.

(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or(o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.

(3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly:

(A) makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or

(B) violates subsection (m) of section 922, shall be fined under this title, imprisoned not more than one year, or both.

(4) Whoever violates section 922(q) shall be fined under this title, imprisoned for not more than 5 years, or both.Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law.Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(q) shall be deemed to be a misdemeanor.

(5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be fined under this title, imprisoned for not more than 1 year, or both.

(6) (A) (i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation.

 

(ii) A juvenile is described in this clause if:

(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2);and

(II) the juvenile has not been convicted in any court of an offense(including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense.

(B) A person other than a juvenile who knowingly violates section 922(x):

(i) shall be fined under this title, imprisoned not more than 1 year, or both;and

(ii) if the person sold, delivered, or otherwise transferred a handgun orammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.

 

(b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be fined under this title, or imprisoned not more than ten years, or both.

(c) (1) Whoever, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for five years, and if the firearm is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, to imprisonment for ten years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to imprisonment for thirty years.In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for twenty years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to life imprisonment without release.Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used or carried.

(2) For purposes of this subsection, the term "drug trafficking crime" means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).

(3) For purposes of this subsection the term "crime of violence" means an offense that is a felony and:

(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or

(B) that by its nature, involves a substantial risk that physical forceagainst the person or property of another may be used in the course of committing the offense.

(d) (1) Any firearm or ammunition involved in or used in any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 922, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 922(l), or knowing violation of section 924, or willful violation of any other provision of this chapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, or any firearm or ammunition intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter:Provided, That upon acquittal of the owner or possessor, or dismissal of the charges against him other than upon motion of the Government prior to trial, or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law.Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure.

(2) (A) In any action or proceeding for the return of firearms or ammunition seized under the provisions of this chapter, the court shall allow the prevailing party, other than the United States, a reasonable attorney's fee, and the United States shall be liable therefor.

(B) In any other action or proceeding under the provisions of this chapter, the court, when it finds that such action was without foundation, or was initiated vexatiously, frivolously, or in bad faith, shall allow the prevailing party, other than the United States, a reasonable attorney's fee, and the United States shall be liable therefor.

(C) Only those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of the provisions of this chapter or any rule or regulation issued thereunder, or any other criminal law of the United States or as intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure, forfeiture, and disposition.

(D) The United States shall be liable for attorneys' fees under this paragraph only to the extent provided in advance by appropriation Acts.

(3) The offenses referred to in paragraphs (1) and (2)(C) of this subsection are:

(A) any crime of violence, as that term is defined in section 924(c)(3) of this title;

(B) any offense punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.);

(C) any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title, where the firearm or ammunition intended to be used in any such offense is involved in a pattern of activities which includes a violation of any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title;

(D) any offense described in section 922(d) of this title where the firearm or ammunition is intended to be used in such offense by the transferor of such firearm or ammunition;

(E) any offense described in section 922(i), 922(j), 922(l), 922(n), or 924(b) of this title;and

(F) any offense which may be prosecuted in a court of the United States whichinvolves the exportation of firearms or ammunition.

(e)(1) In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).

(2) As used in this subsection:

(A) the term "serious drug offense" means:

(i) an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.), for which a maximum term of imprisonment of ten years or more is prescribed by law;or

(ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law;

(B) the term "violent felony" means any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonment for such term if committed by an adult, that:

(i) has as an element the use, attempted use, or threatened use of physical force against the person of another;or

(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another;and

(C) the term "conviction" includes a finding that a person has committed an act of juvenile delinquency involving a violent felony.

(f) In the case of a person who knowingly violates section 922(p), such person shall be fined under this title, or imprisoned not more than 5 years, or both.

(g) Whoever, with the intent to engage in conduct which:

(1) constitutes an offense listed in section 1961(1),

(2) is punishable under the Controlled Substances Act (21 U.S.C. 802 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.),

(3) violates any State law relating to any controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), or

(4) constitutes a crime of violence (as defined in subsection (c)(3)), travels from any State or foreign country into any other State and acquires, transfers, or attempts to acquire or transfer, a firearm in such other State in furtherance of such purpose, shall be imprisoned not more than 10 years, fined in accordance with this title, or both.

(h) Whoever knowingly transfers a firearm, knowing that such firearm will be used to commit a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not more than 10 years, fined in accordance with this title, or both.

(i) (1) A person who knowingly violates section 922(u) shall be fined under this title, imprisoned not more than 10 years, or both.

(2) Nothing contained in this subsection shall be construed as indicating an intent on the part of Congress to occupy the field in which provisions of this subsection operate to the exclusion of State laws on the same subject matter, nor shall any provision of this subsection be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this subsection.

(j) A person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shall:

(1) if the killing is a murder (as defined in section 1111), be punished by death or by imprisonment for any term of years or for life;and

(2) if the killing is manslaughter (as defined in section 1112), be punished as provided in that section.

(k) A person who, with intent to engage in or to promote conduct that:

(1) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.);

(2) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or

(3) constitutes a crime of violence (as defined in subsection (c)(3)), smuggles or knowingly brings into the United States a firearm, or attempts to do so, shall be imprisoned not more than 10 years, fined under this title, or both.

(l) A person who steals any firearm which is moving as, or is a part of, or which has moved in, interstate or foreign commerce shall be imprisoned for not more than 10 years, fined under this title, or both.

(m) A person who steals any firearm from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall be fined under this title, imprisoned not more than 10 years, or both.

(n) A person who, with the intent to engage in conduct that constitutes a violation of section 922(a)(1)(A), travels from any State or foreign country into any other State and acquires, or attempts to acquire, a firearm in such other State in furtherance of such purpose shall be imprisoned for not more than 10 years.

(o) A person who conspires to commit an offense under subsection (c) shall be imprisoned for not more than20 years, fined under this title, or both;and if the firearm is a machinegun or destructive device, or is equipped with a firearm silencer or muffler, shall be imprisoned for any term of years or life.


         Sec. 925. Exceptions:Relief from disabilities

 

(a) (1) The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.

(2) The provisions of this chapter shall not apply with respect to (A) the shipment or receipt of firearms or ammunition when sold or issued by the Secretary of the Army pursuant to section 4308 of title 10, before the repeal of such section by section 1624(a) of the Corporation for the Promotion of Rifle Practice and Firearms Safety Act, and (B) the transportation of any such firearm or ammunition carried out to enable a person, who lawfully received such firearm or ammunition from the Secretary of the Army, to engage in military training or in competitions.

(3) Unless otherwise prohibited by this chapter or any other Federal law, a licensed importer, licensed manufacturer, or licensed dealer may ship to a member of the United States Armed Forces on active duty outside the United States or to clubs, recognized by the Department of Defense, whose entire membership is composed of such members, and such members or clubs may receive a firearm or ammunition determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes and intended for the personal use of such member or club.

(4) When established to the satisfaction of the Secretary to be consistent with the provisions of this chapter and other applicable Federal and State laws and published ordinances, the Secretary may authorize the transportation, shipment, receipt, or importation into the United States to the place of residence of any member of the United States Armed Forces who is on active duty outside the United States (or who has been on active duty outside the United States within the sixty day period immediately preceding the transportation, shipment, receipt, or importation), of any firearm or ammunition which is (A) determined by the Secretary to be generally recognized as particularly suitable for sporting purposes, or determined by the Department of Defense to be a type of firearm normally classified as a war souvenir, and (B) intended for the personal use of such member.

(5) For the purpose of paragraph (3) of this subsection, the term "United States" means each of the several States and the District of Columbia.

(b) A licensed importer, licensed manufacturer, licensed dealer, or licensed collector who is indicted for a crime punishable by imprisonment for a term exceeding one year, may, notwithstanding any other provision of this chapter, continue operation pursuant to his existing license (if prior to the expiration of the term of the existing license timely application is made for a new license) during the term of such indictment and until any conviction pursuant to the indictment becomes final.

(c) A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Secretary for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms, and the Secretary may grant such relief if it is established to his satisfaction that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.Any person whose application for relief from disabilities is denied by the Secretary may file a petition with the United States district court for the district in which he resides for a judicial review of such denial.The court may in its discretion admit additional evidence where failure to do so would result in a miscarriage of justice.A licensed importer, licensed manufacturer, licensed dealer, or licensed collector conducting operations under this chapter, who makes application for relief from the disabilities incurred under this chapter, shall not be barred by such disability from further operations under his license pending final action on an application for relief filed pursuant to this section.Whenever the Secretary grants relief to any person pursuant to this section he shall promptly publish in the Federal Register notice of such action, together with the reasons therefor.

(d) The Secretary shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if the firearm or ammunition:

(1) is being imported or brought in for scientific or research purposes, or is for use in connection with competition or training pursuant to chapter 401of title 10;

(2) is an unserviceable firearm, other than a machinegun as defined insection 5845(b) of the Internal Revenue Code of 1954 (not readily restorable to firing condition), imported or brought in as a curio or museum piece;

(3) is of a type that does not fall within the definition of a firearm as defined in section 5845(a) of the Internal Revenue Code of 1954 and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, except in any case where the Secretary has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled;or

(4) was previously taken out of the United States or a possession by the person who is bringing in the firearm or ammunition.

The Secretary shall permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of such firearm or ammunition will be allowed under this subsection.

(e) Notwithstanding any other provision of this title, the Secretary shall authorize the importation of, by any licensed importer, the following:

(1) All rifles and shotguns listed as curios or relics by the Secretary pursuant to section 921(a)(13), and

(2) All handguns, listed as curios or relics by the Secretary pursuant to section 921(a)(13), provided that such handguns are generally recognized as particularly suitable for or readily adaptable to sporting purposes.

(f) In the case of a person who knowingly violates section 922(p), such person shall be fined under this title, or imprisoned not more than 5 years, or both.


                   Sec.925A. Remedy for erroneous denial of firearm

 

Any person denied a firearm pursuant to subsection (s) or (t) of section 922:

(1) due to the provision of erroneous information relating to the person by any State or political subdivision thereof, or by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act;or

(2) who was not prohibited from receipt of a firearm pursuant to subsection(g) or (n) of section 922, may bring an action against the State or political subdivision responsible for providing the erroneous information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be.In any action under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.


                                    Sec. 926. Rules and regulations

 

(a) The Secretary may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including:

(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license;

(2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection;and

(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8)or (g)(8) of section 922.

No such rule or regulation prescribed after the date of the enactment of the Firearms Owners' Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established.Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

(b) The Secretary shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations.

(c) The Secretary shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 845(a)(5) of this title to complete affidavits or forms attesting to that exemption.


                         Sec. 926A. Interstate transportation of firearms

 

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle:Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.


                                    Sec. 927. Effect on State law

 

No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.


                                         Sec. 928. Separability

 

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby.


                             Sec. 929. Use of restricted ammunition

 

(a) (1) Whoever, during and in relation to the commission of a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm, shall, in addition to the punishment provided for the commission of such crime of violence or drug trafficking crime be sentenced to a term of imprisonment for not less than five years.

(2) For purposes of this subsection, the term "drug trafficking crime" means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).

(b) Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this section, nor place the person on probation, nor shall the terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed.No person sentenced under this section shall be eligible for parole during the term of imprisonment imposed herein.


Sec. 930. Possession of firearms and dangerous weapons in Federal facilities

 

(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.

(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.

(c) A person who kills or attempts to kill any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, shall be punished as provided in sections 1111, 1112, and 1113.

(d) Subsection (a) shall not apply to:

(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;

(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law;or

(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

(e) (1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.

(2) Paragraph (1) shall not apply to conduct which is described in paragraph(1) or (2) of subsection (d).

(f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.

(g) As used in this section:

(1) The term "Federal facility" means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.

(2) The term "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.

(3) The term "Federal court facility" means the courtroom, judges' chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.

(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection(a) or (e), as the case may be.


    TITLE II : Machine Guns, Destructive Devices, and Certain other Firearms.

 

(The National Firearms Act)

(Title 26, U.S. Code, Section 5801-5872)

Chapter 53. Subchapter A : Taxes

 

 

 

 

                                            Sec. 5812. Transfers

 

(a) Application.:A firearm shall not be transferred unless (1) the transferor of the firearm has filed with the Secretary a written application, in duplicate, for the transfer and registration of the firearm to the transferee on the application form prescribed by the Secretary;(2) any tax payable on the transfer is paid as evidenced by the proper stamp affixed to the original application form;(3) the transferee is identified in the application form in such manner as the Secretary may by regulations prescribe, except that, if such person is an individual, the identification must include his fingerprints and his photograph;(4) the transferor of the firearm is identified in the application form in such manner as the Secretary may by regulations prescribe;(5) the firearm is identified in the application form in such manner as the Secretary may by regulations prescribe;and (6) the application form shows that the Secretary has approved the transfer and the registration of the firearm to the transferee.Applications shall be denied if the transfer, receipt, or possession of the firearm would place the transferee in violation of law.

(b) Transfer of possession.:The transferee of a firearm shall not take possession of the firearm unless the Secretary has approved the transfer and registration of the firearm to the transferee as required by subsection (a) of this section.


                                               Sec. 5822. Making

 

No person shall make a firearm unless he has (a) filed with the Secretary a written application, in duplicate, to make and register the firearm on the form prescribed by the Secretary;(b) paid any tax payable on the making and such payment is evidenced by the proper stamp affixed to the original application form;(c) identified the firearm to be made in the application form in such manner as the Secretary may by regulations prescribe;(d) identified himself in the application form in such manner as the Secretary may by regulations prescribe, except that, if such person is an individual, the identification must include his fingerprints and his photograph;and (e) obtained the approval of the Secretary to make and register the firearm and the application form shows such approval.Applications shall be denied if the making or possession of the firearm would place the person making the firearm in violation of law.


                           Sec. 5841. Registration of firearms

 

(a) Central registry.:The Secretary shall maintain a central registry of all firearms in the United States which are not in the possession or under the control of the United States.This registry shall be known as the National Firearms Registration and Transfer Record.The registry shall include:

(1) identification of the firearm;

(2) date of registration;and

(3) identification and address of person entitled to possession of the firearm.

(b) By whom registered.:Each manufacturer, importer, and maker shall register each firearm he manufactures, imports, or makes.Each firearm transferred shall be registered to the transferee by the transferor.

(c) How registered.:Each manufacturer shall notify the Secretary of the manufacture of a firearm in such manner as may by regulations be prescribed and such notification shall effect the registration of the firearm required by this section.Each importer, maker, and transferor of a firearm shall, prior to importing, making, or transferring a firearm, obtain authorization in such manner as required by this chapter or regulations issued thereunder to import, make, or transfer the firearm, and such authorization shall effect the registration of the firearm required by this section.

(d) Firearms registered on effective date of this act.:A person shown as possessing a firearm by the records maintained by the Secretary pursuant to the National Firearms Act in force on the day immediately prior to the effective date of the National Firearms Act of 1968 shall be considered to have registered under this section the firearms in his possession which are disclosed by that record as being in his possession.

(e) Proof of registration.:A person possessing a firearm registered as required by this section shall retain proof of registration which shall be made available to the Secretary upon request.


                           Sec. 5842. Identification of firearms

 

(a) Identification of firearms other than destructive devices.:Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.

(b) Firearms without serial number.:Any person who possesses a firearm, other than a destructive device, which does not bear the serial number and other information required by subsection (a) of this section shall identify the firearm with a serial number assigned by the Secretary and any other information the Secretary may by regulations prescribe.

(c) Identification of destructive device.:Any firearm classified as a destructive device shall be identified in such manner as the Secretary may by regulations prescribe.


 

 

 

 

                                  

 

                                         Sec. 5844. Importation

 

No firearm shall be imported or brought into the United States or any territory under its control or jurisdiction unless the importer establishes, under regulations as may be prescribed by the Secretary, that the firearm to be imported or brought in is:

(1) being imported or brought in for the use of the United States or any department, independent establishment, or agency thereof or any State or possession or any political subdivision thereof;or

(2) being imported or brought in for scientific or research purposes;or

(3) being imported or brought in solely for testing or use as a model by a registered manufacturer or solely for use as a sample by a registered importer or registered dealer; except that, the Secretary may permit the conditional importation or bringing in of a firearm for examination and testing in connection with classifying the firearm.


                                       Sec. 5845. Definitions

 

For the purpose of this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

                                  Sec. 5861. Prohibited acts

 

It shall be unlawful for any person:

(a) to engage in business as a manufacturer or importer of, or dealer in, firearms without having paid the special (occupational) tax required by section 5801 for his business or having registered as required by section 5802;or

(b) to receive or possess a firearm transferred to him in violation of the provisions of this chapter;or

(c) to receive or possess a firearm made in violation of the provisions of this chapter;or

(d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record;or

(e) to transfer a firearm in violation of the provisions of this chapter;or

(f) to make a firearm in violation of the provisions of this chapter;or

(g) to obliterate, remove, change, or alter the serial number or other identification of a firearm required by this chapter;or

(h) to receive or possess a firearm having the serial number or other identification required by this chapter obliterated, removed, changed, or altered;or

(i) to receive or possess a firearm which is not identified by a serial number as required by this chapter;or

(j) to transport, deliver, or receive any firearm in interstate commerce which has not been registered as required by this chapter;or

(k) to receive or possess a firearm which has been imported or brought into the United States in violation of section 5844;or

(l) to make, or cause the making of, a false entry on any application, return, or record required by this chapter, knowing such entry to be false.


                                       Sec. 5871. Penalties

 

Any person who violates or fails to comply with any provision of this chapter shall, upon conviction, be fined not more than $10,000, or be imprisoned not more than ten years, or both.


                                      Sec. 5872. Forfeitures

 

(a) Laws applicable.:Any firearm involved in any violation of the provisions of this chapter shall be subject to seizure and forfeiture, and (except as provided in subsection (b)) all the provisions of internal revenue laws relating to searches, seizures, and forfeitures of unstamped articles are extended to and made to apply to the articles taxed under this chapter, and the persons to whom this chapter applies.

(b) Disposal.:In the case of the forfeiture of any firearm by reason of a violation of this chapter, no notice of public sale shall be required;no such firearm shall be sold at public sale;if such firearm is forfeited for a violation of this chapter and there is no remission or mitigation of forfeiture thereof, it shall be delivered by the Secretary to the Administrator of General Services, General Services Administration, who may order such firearm destroyed or may sell it to any State, or possession, or political subdivision thereof, or at the request of the Secretary, may authorize its retention for official use of the Justice Department, or may transfer it without charge to any executive department or independent establishment of the Government for use by it.

 

 

 

 

 

                    MAILING OF CONCEALABLE FIREARMS  

                           (Title 18, U.S. Code, Section 1715)

 

                 Sec. 1715. Firearms as nonmailable; regulations

Pistols, revolvers, and other firearms capable of being concealed on the person are nonmailable and shall not be deposited in or carried by the mails or delivered by any officer or employee of the Postal Service.Such articles may be conveyed in the mails, under such regulations as the Postal Service shall prescribe, for use in connection with their official duty, to officers of the Army, Navy, Air Force, Coast Guard, Marine Corps, or Organized Reserve Corps; to officers of the National Guard or Militia of a State, Territory, Commonwealth, Possession, or District;to officers of the United States or of a State, Territory, Commonwealth, Possession, or District whose official duty is to serve warrants of arrest or commitments;to employees of the Postal Service;to officers and employees of enforcement agencies of the United States;and to watchmen engaged in guarding the property of the United States, a State, Territory, Commonwealth, Possession, or District.Such articles also may be conveyed in the mails to manufacturers of firearms or bona fide dealers therein in customary trade shipments, including such articles for repairs or replacement of parts, from one to the other, under such regulations as the Postal Service shall prescribe.

Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, any pistol, revolver, or firearm declared nonmailable by this section, shall be fined under this title or imprisoned not more than two years, or both.


             POSTAL REGULATIONS ON THE MAILING OF FIREARMS

 

Domestic Mail Manual, Issue 53, Effective through February 11, 1999

C024 Other Restricted or Nonmailable Matter

 

          1.0 PISTOLS, REVOLVERS, AND OTHER CONCEALABLE FIREARMS

Definitions 1.1 The terms used in this standard are defined as follows:

a. Handgun means any pistol, revolver, or other firearm or device the mailing of which is regulated by this standard.

b. Pistol or revolver means a handgun styled to be fired by the use of a single hand and to fire or otherwise expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with enough force to be used as a weapon.

c. Firearm means any device, including a starter gun, designed to, or may readily be converted to, expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with enough force to be used as a weapon.

d. Other firearms capable of being concealed on the person includes, but is not limited to, short-barreled shotguns, and short-barreled rifles.

e. Short-barreled shotgun means a shotgun that has one or more barrels less than 18 inches long. The term short-barreled rifle means a rifle that has one or more barrels less than 16 inches long. These definitions include any weapon made from a shotgun or rifle, whether by alteration, modification, or otherwise, if such weapon as modified has an overall length of less than 26 inches. A short-barreled shotgun or rifle of greater dimension may be regarded as nonmailable when it has characteristics to allow concealment on the person.

f. Licensed manufacturer and licensed dealer mean, respectively, a manufacturer of firearms or a bona fide dealer of firearms, duly licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the Department of Justice, under the Gun Control Act of 1968 (Public Law 90-618), 18 USC 921,etseq.

g. Antique firearm means any firearm (including those with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, or any replica thereof, if such replica:

(1) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.

(2) 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.

                                           Handguns 1.2

Pistols, revolvers, and other firearms capable of being concealed on the person (referred to as handguns) are nonmailable unless mailed between the parties listed in 1.3 and 1.5 after the filing of an affidavit or statement required by 1.4 and 1.6.

                                    Authorized Persons 1.3

Subject to 1.4, handguns may be mailed by a licensed manufacturer of firearms, a licensed dealer of firearms, or an authorized agent of the federal government or the government of a state, territory, or district, only when addressed to a person in one of the following categories for use in the person's official duties:

a.Officers of the Army, Coast Guard, Air Force, Navy, Marine Corps, or Organized Reserve Corps.

b. Officers of the National Guard or militia of a state, territory, or district.

c. Officers of the United States or of a state, territory, or district, whose official duty is to serve warrants of arrest or commitment.

d. USPS employees authorized by the Chief Postal Inspector.

e. Officers and employees of enforcement agencies of the United States.

f.. Watchmen engaged in guarding the property of the United States, a state, territory, or district.

g. Purchasing agent or other designated member of agencies employing officers and employees included in 1.3c through 1.3e.

                                   Affidavit of Addressee 1.4

Any person proposing to mail a handgun under 1.3 must file with the postmaster, at the time of mailing, an affidavit signed by the addressee setting forth that the addressee is qualified to receive the firearm under a particular category of 1.3a through 1.3g, and that the firearm is intended for the addressee's official use. The affidavit must also bear a certificate stating that the firearm is for the official duty use of the addressee, signed by one of the following, as appropriate:

a. For officers of Armed Forces, by the commanding officer.

b. For officers and employees of enforcement agencies, by the head of the

agency employing the addressee to perform the official duty with which the

firearm is to be used.

c. For watchmen, by the chief clerk of the department, bureau, or independent branch of the Government of the United States, the state, the territory, or the district by which the watchman is employed.

d. For the purchasing agent or other designated member of enforcement

agencies, by the head of such agency, that the firearm is to be used by an

officer or employee included in 1.3c through 1.3e.

 

 

                     Certificate of Manufacturers and Dealers 1.6

A licensed manufacturer or dealer need not file the affidavit under 1.4, but must file with the postmaster a statement on Form 1508 signed by the mailer that he or she is a licensed manufacturer or dealer of firearms, that the parcels containhandguns (or major component parts thereof) are customary trade shipments or contain such articles for repairing or replacing parts, and that to the best of his or her knowledge or belief the addressees are licensed manufacturers or dealers offirearms.

                           FBI Crime Detection Bureaus 1.7

Handguns may be mailed without regard to 1.3 through 1.6 if:

a. Addressed to the Federal Bureau of Investigation (FBI), or its director, or tothe scientific laboratory or crime detection bureau of any agency whosemembers are federal law enforcement officers or officers of a state, territory, or district authorized to serve warrants of arrest or commitment; or

b. Offered by an authorized agent of the federal government as an official shipment to any qualified addressee in categories 1.3a through 1.3g, or to a licensed manufacturer or dealer of firearms or to a federal agency

 

                                      2.0 Antique Firearms

Antique firearms sent as curios or museum pieces may be accepted for mailing without regard to 1.3 through 1.6.

                                      3.0 Rifles And Shotguns

Although unloaded rifles and shotguns not precluded by 1. 1 e and 1.2 are mailable, mailers must comply with the Gun Control Act of 1968, Public Law 90-618, 18 USC 921, et seq., and the rules and regulations promulgated thereunder, 26 CFR 178, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the gun is unloaded and not precluded by 1.1 e.

                            4.0 Legal Opinions On Mailing Firearms

Postmasters are not authorized to give opinions on the legality of any shipment of rifles or shotguns. Contact the nearest office of the Bureau of Alcohol, Tobacco, Firearms and Explosives for further advice.

                                  6.0 Prohibited Parcel Marking

For any parcel containing a firearm or a ballistic or switchblade knife, any marking that indicates the contents is not permitted on the outside wrapper or container.

 

 

 

 


                                      FIREARMS ABOARD AIRCRAFT

 

                              49 USC Sec. 46303. Carrying a weapon

(a) Civil Penalty. - An individual who, when on, or attempting to board, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.

(b) Compromise and Setoff. - (1) The Secretary of Transportation may compromise the amount of a civil penalty imposed under subsection (a) of this section. (2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual liable for the penalty.

(c) Nonapplication. - This section does not apply to -

(1) a law enforcement officer of a State or political subdivision of a State, or an office or employee of the Government, authorized to carry arms in an official capacity; or

(2) another individual the Administrator of the Federal Aviation Administration by regulation authorizes to carry arms in an official capacity.

    49 USC Sec. 46505. Carrying a weapon or explosive on an aircraft

(a) Definition. - In this section, "loaded firearm" means a starter gun or a weapon designed or converted to expel a projectile through an explosive, that has a cartridge, a detonator, or powder in the chamber, magazine, cylinder, or clip.

(b) General Criminal Penalty. - An individual shall be fined under title 18, imprisoned for not more than one year, or both, if the individual -

(1) when on, or attempting to get on, an aircraft in, or intended for operation in, air

transportation or intrastate air transportation, has on or about the individual or the

property of the individual a concealed dangerous weapon that is or would be

accessible to the individual in flight;

(2) has placed, attempted to place, or attempted to have placed a loaded firearm on

that aircraft in property not accessible to passengers in flight; or

(3) has on or about the individual, or has placed, attempted to place, or attempted to

have placed on that aircraft, an explosive or incendiary device.

(c) Criminal Penalty Involving Disregard for Human Life. - An individual who willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, violates subsection (b) of this section, shall be fined under title 18, imprisoned for not more than 5 years, or both.

(d) Nonapplication. - Subsection (b)(1) of this section does not apply to-

(1) a law enforcement officer of a State or political subdivision of a State, or an officer

or employee of the United States Government, authorized to carry arms in an official

capacity;

(2) another individual the Administrator of the Federal Aviation Administration by

regulation authorizes to carry a dangerous weapon in air transportation or intrastate air

transportation; or

(3) an individual transporting a weapon (except a loaded firearm) in baggage not

accessible to a passenger in flight if the air carrier was informed of the presence of the

weapon.

                                             FAA REGULATIONS

                                Sec. 108.11Carriage of weapons.

(a) No certificate holder required to conduct screening under a security program may permit any person to have, nor may any person have, on or about his or her person or property, a deadly or dangerous weapon, either concealed or unconcealed, accessible to him or her while aboard an airplane for which screening is required unless:

(1) The person having the weapon is:

(i) An official or employee of the United States, or a State or political subdivision of a State, or of a municipality who is authorized by his or her agency to have the weapon; or

(ii) Authorized to have the weapon by the certificate holder and the Administrator and has successfully completed a course of training in the use of firearms acceptable to the Administrator.

(2) The person having the weapon needs to have the weapon accessible in connection with the performance of his or her duty from the time he or she would otherwise check it in accordance with paragraph (d) of this section until the time it would be returned after deplaning.

(3) The certificate holder is notified:

(i) Of the flight on which the armed person intends to have the weapon accessible to him or her at least 1 hour, or in an emergency as soon as practicable, before departure; and

(ii) When the armed person is other than an employee or official of the United States, that there is a need for the weapon to be accessible to the armed person in connection with the performance of that person's duty from the time he or she would otherwise check it in accordance with paragraph (d) of this section until the time it would be returned to him or her after deplaning.

(4) The armed person identifies himself or herself to the certificate holder by presenting credentials that include his or her clear, full-face picture, his or her signature, and the signature of the authorizing official of his or her service or the official seal of his or her service. A badge, shield, or similar may not be used as the sole means of identification.

(5) The certificate holder:

(i) Ensures that the armed person is familiar with its procedures for carrying a deadly or dangerous weapon aboard its airplane before the time the person boards the airplane;

(ii) Ensures that the identity of the armed person is known to each law enforcement officer and each employee of the certificate holder responsible for security during the boarding of the airplane; and

(iii) Notifies the pilot in command, other appropriate crewmembers, and any other person authorized to have a weapon accessible to him or her aboard the airplane of the location of each authorized armed person aboard the airplane.

(b) No person may, while on board an airplane operated by a certificate holder for which screening is not conducted, carry on or about that person a deadly or dangerous weapon, either concealed or unconcealed. This paragraph does not apply to:

(1) Officials or employees of a municipality or a State, or of the United States, who are authorized to carry arms; or

(2) Crewmembers and other persons authorized by the certificate holder to carry arms.

(c) No certificate holder may knowingly permit any person to transport, nor may any person transport or tender for transport, any explosive, incendiary or a loaded firearm in checked baggage aboard an airplane. For the purpose of this section, a loaded firearm means a firearm which has a live round of ammunition, cartridge, detonator, or powder in the chamber or in a clip, magazine, or cylinder inserted in it.

(d) No certificate holder may knowingly permit any person to transport, nor may any person transport or tender for transport, any unloaded firearm in checked baggage aboard an airplane unless:

(1) The passenger declares to the certificate holder, either orally or in writing before checking the baggage, that any firearm carried in the baggage is unloaded;

(2) The firearm is carried in a container the certificate holder considers appropriate for air transportation;

(3) When the firearm is other than a shotgun, rifle, or other firearm normally fired from the shoulder position, the baggage in which it is carried is locked, and only the passenger checking the baggage retains the key or combination; and

(4) The baggage containing the firearm is carried in an area, other than the flightcrew compartment, that is inaccessible to passengers.

(e) No certificate holder may serve any alcoholic beverage to a person having a deadly or dangerous weapon accessible to him or her nor may such person drink any alcoholic beverage while aboard an airplane operated by the certificate holder.

(f) Paragraphs (a), (b), and (d) of this section do not apply to the carriage of firearms aboard air carrier flights conducted for the military forces of the Government of the United States when the total cabin load of the airplane is under exclusive use by those military forces if the following conditions are met:

(1) No firearm is loaded and all bolts to such firearms are locked in the open position; and

(2) The certificate holder is notified by the unit commander or officer in charge of the flight before boarding that weapons will be carried aboard the aircraft.


                                    CIVIL RIGHTS ACT OF 1968

 

                                    Sec. 231. Civil disorders

(a) (1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function;or

(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder;or

(3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function:Shall be fined under this title or imprisoned not more than five years, or both.

(b) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties.

                                           Sec. 232. Definitions

For purposes of this chapter:

(1) The term "civil disorder" means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.

(2) The term "commerce" means commerce (A) between any State or the District of Columbia and any place outside thereof;(B) between points within any State or the District of Columbia, but through any place outside thereof;or (C) wholly within the District of Columbia.

(3) The term "federally protected function" means any function, operation, oraction carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof;and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails.

(4) The term "firearm" means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive;or the frame or receiver of any such weapon.

(5) The term "explosive or incendiary device" means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone.

(6) The term "fireman" means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia.

(7) The term "law enforcement officer" means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of anyof the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia;and such term shall specifically include members of the National Guard (as defined in section 101 of title 10), members of the organized militia of any State, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia not included within the National Guard (as defined in section 101 of title 10), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder.

(8) The term "State" includes a State of the United States, and any commonwealth, territory, or possession of the United States.

                                          Sec. 233. Preemption

Nothing contained in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any provisions of the chapter operate to the exclusion of State or local laws on the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of State law unless such provision is inconsistent with any of the purposes of this chapter or any provision thereof.


                                    EXPORTATION OF FIREARMS

 

Exportation Regulations: 22 CFR Sec. 121-128 (International Traffic in Arms Regulations)

NOTE: Because of space limitations, the following section on exportation is regulated by the U.S.Department of State under the authority of the Mutual Security Act of 1954, and Executive Orders 11432 and 10973, as amended by the Arms Control Act of 1976.

Exportation-

All manufacturers andexporters of firearms must register with the Office of Defense Trade Controls which maintains the U.S. Munitions List for the purpose of regulating the flow of arms abroad. The list includes, among other weapons, all firearms up to and including .50 caliber except shotguns with barrels 18 inches long and over.Export permits may be obtained from the Office of Defense Trade Controls for the exportation of any items on the Munitions List except pre-1889 firearms on presentation of sufficient authentication of age.

No export permit is required for U.S. citizens or resident aliens to temporarily export three non-automatic firearms and 1000 cartridges for such firearms for that person's personal use when the firearms are with the person's baggage or effects whether accompanied or unaccompanied (but not mailed).Special exemptions are provided for members of the Armed Forces and civilian employees of the U.S. Government.

Minor components of items on the Munitions List may be exported without a permit if the total transaction does not exceed $100 in value.

Licensed manufacturers, licensed importers, and licensed dealers exporting firearms and ammunition are required to maintain records showing which firearms and ammunition were exported, to which foreign consignees the firearms or ammunition were sent, and on which date they were expected.


USE AND POSSESSION OF FIREARMS IN NATIONAL PARKS AND FORESTS

 

Code of Federal Regulations Title 36 "Parks, Forests, Public Property"

NOTE: The National Parks are administered by the U.S. Department of the Interior. The National Forests are administered by the U.S. Department of Agriculture.

Generally, firearms are prohibited in National Parks but permitted in National Forests.

Firearms being transported through a Park must be rendered "inoperable": unloaded, cased, broken down (if possible) and out of sight. The ranger or gate attendant must be notified of the presence of firearms upon entering the Park.

Firearms and hunting are permitted in National Forests in accordance with state law. Firearms are prohibited in any National Forest designated a game refuge or wildlife preserve except where authorized by the Forest Service.Violation of state firearms laws is prohibited in all National Forests.

Regulations concerning firearms in National parks and Forests may be found in Title 36 of the Code of Federal Regulations.

Notes

1 The Congress finds that: (1) the rights of citizens: (A) to keep and bear arms under the second amendment to the United States Constitution; (B) to security against illegal and unreasonable searches and seizures under the Fourth Amendment; (C) against uncompensated taking of property, double jeopardy, and assurance of due process of law under the Fifth Amendment ; and (D) against unconstitutional exercise of authority under the Ninth and Tenth Amendments; require additional legislation to correct existing firearms statutes and enforcement policies; and (2) additional legislation is required to reaffirm the intent of the Congress, as expressed in section 101 of the Gun Control Act of 1968, that 'it is not the purpose of this title (18 USCS Sec.Sec.921 et seq.) to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes'.

2 SUNSET:Effective 15 years

3 18 U.S.C.A. Sec.923 NOTE, STATUTORY CONSTRUCTION; EVIDENCE: (1) STATUTORY CONSTRUCTION.:Nothing in the amendments made by this section shall be construed: (A) as creating a cause of action against any firearms dealer or any other person for any civil liability;or (B) as establishing any standard of care. (2) EVIDENCE.:Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity.

 


 

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