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Posted: 8/23/2004 1:12:30 PM EST
Link Posted: 8/23/2004 1:21:07 PM EST
??? Splain.
Link Posted: 8/23/2004 1:24:41 PM EST
Trust me, unless you like legalese, just imagine it instead of reading it. Boring AND painful.
Link Posted: 8/23/2004 1:26:11 PM EST
Yep. To much anti gun BS.

Basically it is all the Fed.gov gun control statutes.

CRC
Link Posted: 8/23/2004 2:02:02 PM EST
As it is now:



TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

Sec. 921. Definitions

(a) As used in this chapter -
(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 Attorney General finds is generally recognized as
particularly suitable for sporting purposes) by whatever name
known which will, or which may be readily converted to, expel a
projectile by the action of an explosive or other propellant, and
which has any barrel with a bore of more than one-half inch in
diameter; and
(C) any combination of parts either designed or intended for
use in converting any device into any destructive device
described in subparagraph (A) or (B) and from which a destructive
device may be readily assembled.
The term ''destructive device'' shall not include any device which
is neither designed nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is
redesigned for use as a signaling, pyrotechnic, line throwing,
safety, or similar device; surplus ordnance sold, loaned, or given
by the Secretary of the Army pursuant to the provisions of section
4684(2), 4685, or 4686 of title 10; or any other device which the
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 a weapon as modified has an overall length of
less than twenty-six inches.
(7) The term ''rifle'' means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of an
explosive to fire only a single projectile through a rifled bore
for each single pull of the trigger.
(8) The term ''short-barreled rifle'' means a rifle having one or
more barrels less than sixteen inches in length and any weapon made
from a rifle (whether by alteration, modification, or otherwise) if
such weapon, as modified, has an overall length of less than
twenty-six inches.
(9) The term ''importer'' means any person engaged in the
business of importing or bringing firearms or ammunition into the
United States for purposes of sale or distribution; and the term
''licensed importer'' means any such person licensed under the
provisions of this chapter.
(10) The term ''manufacturer'' means any person engaged in the
business of manufacturing firearms or ammunition for purposes of
sale or distribution; and the term ''licensed manufacturer'' means
any such person licensed under the provisions of this chapter.
(11) The term ''dealer'' means (A) any person engaged in the
business of selling firearms at wholesale or retail, (B) any person
engaged in the business of repairing firearms or of making or
fitting special barrels, stocks, or trigger mechanisms to firearms,
or (C) any person who is a pawnbroker. The term ''licensed
dealer'' means any dealer who is licensed under the provisions of
this chapter.
(12) The term ''pawnbroker'' means any person whose business or
occupation includes the taking or receiving, by way of pledge or
pawn, of any firearm as security for the payment or repayment of
money.
(13) The term ''collector'' means any person who acquires, holds,
or disposes of firearms as curios or relics, as the Attorney
General shall by regulation define, and the term ''licensed
collector'' means any such person licensed under the provisions of
this chapter.
(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 propellent powder designed for use in
any firearm.
(B) The term ''armor piercing ammunition'' means -
(i) a projectile or projectile core which may be used in a
handgun and which is constructed entirely (excluding the presence
of traces of other substances) from one or a combination of
tungsten alloys, steel, iron, brass, bronze, beryllium copper, or
depleted uranium; or
(ii) a full jacketed projectile larger than .22 caliber
designed and intended for use in a handgun and whose jacket has a
weight of more than 25 percent of the total weight of the
projectile.
(C) The term ''armor piercing ammunition'' does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile designed
for target shooting, a projectile which the Attorney General finds
is primarily intended to be used for sporting purposes, or any
other projectile or projectile core which the Attorney General
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 of
the United States (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be followed by a
period.
(19) The term ''published ordinance'' means a published law of
any political subdivision of a State which the Attorney General
determines to be relevant to the enforcement of this chapter and
which is contained on a list compiled by the Attorney General,
which list shall be published in the Federal Register, revised
annually, and furnished to each licensee under this chapter.
(20) The term ''crime punishable by imprisonment for a term
exceeding one year'' does not include -
(A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business
practices, or
(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years
or less.
What constitutes a conviction of such a crime shall be determined
in accordance with the law of the jurisdiction in which the
proceedings were held. Any conviction which has been expunged, or
set aside or for which a person has been pardoned or has had civil
rights restored shall not be considered a conviction for purposes
of this chapter, unless such pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.
(21) The term ''engaged in the business'' means -
(A) as applied to a manufacturer of firearms, a person who
devotes time, attention, and labor to manufacturing firearms as a
regular course of trade or business with the principal objective
of livelihood and profit through the sale or distribution of the
firearms manufactured;
(B) as applied to a manufacturer of ammunition, a person who
devotes time, attention, and labor to manufacturing ammunition as
a regular course of trade or business with the principal
objective of livelihood and profit through the sale or
distribution of the ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in section
921(a)(11)(A), a person who devotes time, attention, and labor to
dealing in firearms as a regular course of trade or business with
the principal objective of livelihood and profit through the
repetitive purchase and resale of firearms, but such term shall
not include a person who makes occasional sales, exchanges, or
purchases of firearms for the enhancement of a personal
collection or for a hobby, or who sells all or part of his
personal collection of firearms;
(D) as applied to a dealer in firearms, as defined in section
921(a)(11)(B), a person who devotes time, attention, and labor to
engaging in such activity as a regular course of trade or
business with the principal objective of livelihood and profit,
but such term shall not include a person who makes occasional
repairs of firearms, or who occasionally fits special barrels,
stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person who devotes
time, attention, and labor to importing firearms as a regular
course of trade or business with the principal objective of
livelihood and profit through the sale or distribution of the
firearms imported; and
(F) as applied to an importer of ammunition, a person who
devotes time, attention, and labor to importing ammunition as a
regular course of trade or business with the principal objective
of livelihood and profit through the sale or distribution of the
ammunition imported.
(22) The term ''with the principal objective of livelihood and
profit'' means that the intent underlying the sale or disposition
of firearms is predominantly one of obtaining livelihood and
pecuniary gain, as opposed to other intents, such as improving or
liquidating a personal firearms collection: Provided, That proof of
profit shall not be required as to a person who engages in the
regular and repetitive purchase and disposition of firearms for
criminal purposes or terrorism. For purposes of this paragraph,
the term ''terrorism'' means activity, directed against United
States persons, which -
(A) is committed by an individual who is not a national or
permanent resident alien of the United States;
(B) involves violent acts or acts dangerous to human life which
would be a criminal violation if committed within the
jurisdiction of the United States; and
(C) is intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation
or coercion; or
(iii) to affect the conduct of a government by assassination
or kidnapping.
(23) The term ''machinegun'' has the meaning given such term in
section 5845(b) of the National Firearms Act (26 U.S.C. 5845(b)).
(24) The terms ''firearm silencer'' and ''firearm muffler'' mean
any device for silencing, muffling, or diminishing the report of a
portable firearm, including any combination of parts, designed or
redesigned, and intended for use in assembling or fabricating a
firearm silencer or firearm muffler, and any part intended only for
use in such assembly or fabrication.
(25) The term ''school zone'' means -
(A) in, or on the grounds of, a public, parochial or private
school; or
(B) within a distance of 1,000 feet from the grounds of a
public, parochial or private school.
(26) The term ''school'' means a school which provides elementary
or secondary education, as determined under State law.
(27) The term ''motor vehicle'' has the meaning given such term
in section 13102 of title 49, United States Code.
(28) The term ''semiautomatic rifle'' means any repeating rifle
which utilizes a portion of the energy of a firing cartridge to
extract the fired cartridge case and chamber the next round, and
which requires a separate pull of the trigger to fire each
cartridge.
(29) The term ''handgun'' means -
(A) a firearm which has a short stock and is designed to be
held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in
subparagraph (A) can be assembled.
(30) The term ''semiautomatic assault weapon'' means -
(A) any of the firearms, or copies or duplicates of the
firearms in any caliber, known as -
(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the
Street Sweeper and Striker 12;
(B) a semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of -
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to
accommodate a flash suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to accept a
detachable magazine and has at least 2 of -
(i) an ammunition magazine that attaches to the pistol
outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits the shooter
to hold the firearm with the nontrigger hand without being
burned;
(iv) a manufactured weight of 50 ounces or more when the
pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and
(D) a semiautomatic shotgun that has at least 2 of -
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.
(31) The term ''large capacity ammunition feeding device'' -
(A) means a magazine, belt, drum, feed strip, or similar device
manufactured after the date of enactment of the Violent Crime
Control and Law Enforcement Act of 1994 that has a capacity of,
or that can be readily restored or converted to accept, more than
10 rounds of ammunition; but
(B) does not include an attached tubular device designed to
accept, and capable of operating only with, .22 caliber rimfire
ammunition.
(32) The term ''intimate partner'' means, with respect to a
person, the spouse of the person, a former spouse of the person, an
individual who is a parent of a child of the person, and an
individual who cohabitates or has cohabited with the person.
(33)(A) Except as provided in subparagraph (C), the term
''misdemeanor crime of domestic violence'' means an offense that -
(i) is a misdemeanor under Federal or State law; and
(ii) has, as an element, the use or attempted use of physical
force, or the threatened use of a deadly weapon, committed by a
current or former spouse, parent, or guardian of the victim, by a
person with whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim as a
spouse, parent, or guardian, or by a person similarly situated to
a spouse, parent, or guardian of the victim.
(B)(i) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter, unless -
(I) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the
case; and
(II) in the case of a prosecution for an offense described in
this paragraph for which a person was entitled to a jury trial in
the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right
to have the case tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter 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.
(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.
(35) The term ''body armor'' means any product sold or offered
for sale, in interstate or foreign commerce, as personal protective
body covering intended to protect against gunfire, regardless of
whether the product is to be worn alone or is sold as a complement
to another product or garment.
(b) For the purposes of this chapter, a member of the Armed
Forces on active duty is a resident of the State in which his
permanent duty station is located.


Sec. 922. Unlawful acts

(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms, or in the course of such
business to ship, transport, or receive any firearm in
interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to
engage in the business of importing or manufacturing
ammunition, or in the course of such business, to ship,
transport, or receive any ammunition in interstate or foreign
commerce;
(2) for any importer, manufacturer, dealer, or collector
licensed under the provisions of this chapter to ship or
transport in interstate or foreign commerce any firearm to any
person other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, except that -
(A) this paragraph and subsection (b)(3) shall not be held to
preclude a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector from returning a firearm or
replacement firearm of the same kind and type to a person from
whom it was received; and this paragraph shall not be held to
preclude an individual from mailing a firearm owned in
compliance with Federal, State, and local law to a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to preclude a licensed
importer, licensed manufacturer, or licensed dealer from
depositing a firearm for conveyance in the mails to any
officer, employee, agent, or watchman who, pursuant to the
provisions of section 1715 of this title, is eligible to
receive through the mails pistols, revolvers, and other
firearms capable of being concealed on the person, for use in
connection with his official duty; and
(C) nothing in this paragraph shall be construed as applying
in any manner in the District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United States differently
than it would apply if the District of Columbia, the
Commonwealth of Puerto Rico, or the possession were in fact a
State of the United States;
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;
(4) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, to
transport in interstate or foreign commerce any destructive
device, machinegun (as defined in section 5845 of the Internal
Revenue Code of 1986), short-barreled shotgun, or short-barreled
rifle, except as specifically authorized by the Attorney General
consistent with public safety and necessity;
(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to
transfer, sell, trade, give, transport, or deliver any firearm to
any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the
transferor knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person who
is permitted to acquire or possess a firearm under the laws of
the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
(6) for any person in connection with the acquisition or
attempted acquisition of any firearm or ammunition from a
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, knowingly to make any false or fictitious
oral or written statement or to furnish or exhibit any false,
fictitious, or misrepresented identification, intended or likely
to deceive such importer, manufacturer, dealer, or collector with
respect to any fact material to the lawfulness of the sale or
other disposition of such firearm or ammunition under the
provisions of this chapter;
(7) for any person to manufacture or import armor piercing
ammunition, except that this paragraph shall not apply to -
(A) the manufacture or importation of such ammunition for the
use of the United States or any department or agency thereof or
any State or any department, agency, or political subdivision
thereof;
(B) the manufacture of such ammunition for the purpose of
exportation; and
(C) any manufacture or importation for the purposes of
testing or experimentation authorized by the Attorney General;
(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 Attorney General; and
(9) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, who does
not reside in any State to receive any firearms unless such
receipt is for lawful sporting purposes.
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase
or possession by such person of such firearm would be in
violation of any State law or any published ordinance applicable
at the place of sale, delivery or other disposition, unless the
licensee knows or has reasonable cause to believe that the
purchase or possession would not be in violation of such State
law or such published ordinance;
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a
place of business in) the State in which the licensee's place of
business is located, except that this paragraph (A) shall not
apply to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the licensee's
place of business is located if the transferee meets in person
with the transferor to accomplish the transfer, and the sale,
delivery, and receipt fully comply with the legal conditions of
sale in both such States (and any licensed manufacturer, importer
or dealer shall be presumed, for purposes of this subparagraph,
in the absence of evidence to the contrary, to have had actual
knowledge of the State laws and published ordinances of both
States), and (B) shall not apply to the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun (as
defined in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except as
specifically authorized by the Attorney General 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 business entity.
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 Attorney
General.
(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 Attorney
General, 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 (FOOTNOTE 1) has been discharged from the Armed Forces
under dishonorable conditions;
(FOOTNOTE 1) So in original. The word ''who'' probably should
not appear.
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child, except
that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of
domestic violence.
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector who
pursuant to subsection (b) of section 925 of this chapter is not
precluded from dealing in firearms or ammunition, or to a person
who has been granted relief from disabilities pursuant to
subsection (c) of section 925 of this chapter.
(e) It shall be unlawful for any person knowingly to deliver or
cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce, to
persons other than licensed importers, licensed manufacturers,
licensed dealers, or licensed collectors, any package or other
container in which there is any firearm or ammunition without
written notice to the carrier that such firearm or ammunition is
being transported or shipped; except that any passenger who owns or
legally possesses a firearm or ammunition being transported aboard
any common or contract carrier for movement with the passenger in
interstate or foreign commerce may deliver said firearm or
ammunition into the custody of the pilot, captain, conductor or
operator of such common or contract carrier for the duration of the
trip without violating any of the provisions of this chapter. No
common or contract carrier shall require or cause any label, tag,
or other written notice to be placed on the outside of any package,
luggage, or other container that such package, luggage, or other
container contains a firearm.
(f)(1) It shall be unlawful for any common or contract carrier to
transport or deliver in interstate or foreign commerce any firearm
or ammunition with knowledge or reasonable cause to believe that
the shipment, transportation, or receipt thereof would be in
violation of the provisions of this chapter.
(2) It shall be unlawful for any common or contract carrier to
deliver in interstate or foreign commerce any firearm without
obtaining written acknowledgement of receipt from the recipient of
the package or other container in which there is a firearm.
(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has
been committed to a mental institution;
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) who is subject to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;
(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and
(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime
of domestic violence,
to ship or transport in interstate or foreign commerce, or possess
in or affecting commerce, any firearm or ammunition; or to receive
any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person
described in any paragraph of subsection (g) of this section, in
the course of such employment -
(1) to receive, possess, or transport any firearm or ammunition
in or affecting interstate or foreign commerce; or
(2) to receive any firearm or ammunition which has been shipped
or transported in interstate or foreign commerce.
(i) It shall be unlawful for any person to transport or ship in
interstate or foreign commerce, any stolen firearm or stolen
ammunition, knowing or having reasonable cause to believe that the
firearm or ammunition was stolen.
(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm or
stolen ammunition, or pledge or accept as security for a loan any
stolen firearm or stolen ammunition, which is moving as, which is a
part of, which constitutes, or which has been shipped or
transported in, interstate or foreign commerce, either before or
after it was stolen, knowing or having reasonable cause to believe
that the firearm or ammunition was stolen.
(k) It shall be unlawful for any person knowingly to transport,
ship, or receive, in interstate or foreign commerce, any firearm
which has had the importer's or manufacturer's serial number
removed, obliterated, or altered or to possess or receive any
firearm which has had the importer's or manufacturer's serial
number removed, obliterated, or altered and has, at any time, been
shipped or transported in interstate or foreign commerce.
(l) Except as provided in section 925(d) of this chapter, it
shall be unlawful for any person knowingly to import or bring into
the United States or any possession thereof any firearm or
ammunition; and it shall be unlawful for any person knowingly to
receive any firearm or ammunition which has been imported or
brought into the United States or any possession thereof in
violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly to
make any false entry in, to fail to make appropriate entry in, or
to fail to properly maintain, any record which he is required to
keep pursuant to section 923 of this chapter or regulations
promulgated thereunder.
(n) It shall be unlawful for any person who is under indictment
for a crime punishable by imprisonment for a term exceeding one
year to ship or transport in interstate or foreign commerce any
firearm or ammunition or receive any firearm or ammunition which
has been shipped or transported in interstate or foreign commerce.
(o)(1) Except as provided in paragraph (2), it shall be unlawful
for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to -
(A) a transfer to or by, or possession by or under the
authority of, the United States or any department or agency
thereof or a State, or a department, agency, or political
subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun
that was lawfully possessed before the date this subsection takes
effect.
(p)(1) It shall be unlawful for any person to manufacture,
import, sell, ship, deliver, possess, transfer, or receive any
firearm -
(A) that, after removal of grips, stocks, and magazines, is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security
Exemplar; or
(B) any major component of which, when subjected to inspection
by the types of x-ray machines commonly used at airports, does
not generate an image that accurately depicts the shape of the
component. Barium sulfate or other compounds may be used in the
fabrication of the component.
(2) For purposes of this subsection -
(A) the term ''firearm'' does not include the frame or receiver
of any such weapon;
(B) the term ''major component'' means, with respect to a
firearm, the barrel, the slide or cylinder, or the frame or
receiver of the firearm; and
(C) the term ''Security Exemplar'' means an object, to be
fabricated at the direction of the Attorney General, that is -
(i) constructed of, during the 12-month period beginning on
the date of the enactment 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 Attorney General 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 Attorney General
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 Attorney General 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 Attorney General 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
Attorney General 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.
(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 (FOOTNOTE 2) the House of Representatives and the
Committee on the Judiciary of the Senate;
(FOOTNOTE 2) So in original. Probably should be followed by
''of''.
(D) in fact, even before the sale of a firearm, the gun, its
component parts, ammunition, and the raw materials from which
they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary
citizens and foreign visitors may fear to travel to or through
certain parts of the country due to concern about violent crime
and gun violence, and parents may decline to send their children
to school for the same reason;
(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse
impact on interstate commerce and the foreign commerce of the
United States;
(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves - even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or inability
of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation's
schools by enactment of this subsection.
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;
(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard for
the safety of another, to discharge or attempt to discharge a
firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm
-
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school
zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered
into between a school in a school zone and the individual or an
employer of the individual; or
(iv) by a law enforcement officer acting in his or her official
capacity.
(4) Nothing in this subsection shall be construed as preempting
or preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.
(r) It shall be unlawful for any person to assemble from imported
parts any semiautomatic rifle or any shotgun which is identical to
any rifle or shotgun prohibited from importation under section
925(d)(3) of this chapter as not being particularly suitable for or
readily adaptable to sporting purposes except that this subsection
shall not apply to -
(1) the assembly of any such rifle or shotgun for sale or
distribution by a licensed manufacturer to the United States or
any department or agency thereof or to any State or any
department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes
of testing or experimentation authorized by the Attorney General.
(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 Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986; or
(F) on application of the transferor, the Attorney General 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)
(FOOTNOTE 3) ) of the transferee containing a photograph of the
transferee and a description of the identification used;
(FOOTNOTE 3) See References in Text note below.
(B) a statement that the transferee -
(i) is not under indictment for, and has not been convicted
in any court of, a crime punishable by imprisonment for a term
exceeding 1 year, and has not been convicted in any court of a
misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act);
(iv) has not been adjudicated as a mental defective or been
committed to a mental institution;
(v) is not an alien who -
(I) is illegally or unlawfully in the United States; or
(II) subject to subsection (y)(2), has been admitted to the
United States under a nonimmigrant visa (as that term is
defined in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(vi) has not been discharged from the Armed Forces under
dishonorable conditions; and
(vii) is not a person who, having been a citizen of the
United States, has renounced such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a handgun from
the transferor.
(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer containing
information that receipt or possession of the handgun by the
transferee violates Federal, State, or local law shall, within 1
business day after receipt of such request, communicate any
information related to the transfer that the transferor has about
the transfer and the transferee to -
(A) the chief law enforcement officer of the place of business
of the transferor; and
(B) the chief law enforcement officer of the place of residence
of the transferee.
(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection shall
not disclose such information except to the transferee, to law
enforcement authorities, or pursuant to the direction of a court of
law.
(6)(A) Any transferor who sells, delivers, or otherwise transfers
a handgun to a transferee shall retain the copy of the statement of
the transferee with respect to the handgun transaction, and shall
retain evidence that the transferor has complied with subclauses
(III) and (IV) of paragraph (1)(A)(i) with respect to the
statement.
(B) Unless the chief law enforcement officer to whom a statement
is transmitted under paragraph (1)(A)(i)(IV) determines that a
transaction would violate Federal, State, or local law -
(i) the officer shall, within 20 business days after the date
the transferee made the statement on the basis of which the
notice was provided, destroy the statement, any record containing
information derived from the statement, and any record created as
a result of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall not be
conveyed to any person except a person who has a need to know in
order to carry out this subsection; and
(iii) the information contained in the statement shall not be
used for any purpose other than to carry out this subsection.
(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the individual
requests the officer to provide the reason for such determination,
the officer shall provide such reasons to the individual in writing
within 20 business days after receipt of the request.
(7) A chief law enforcement officer or other person responsible
for providing criminal history background information pursuant to
this subsection shall not be liable in an action at law for damages
-
(A) for failure to prevent the sale or transfer of a handgun to
a person whose receipt or possession of the handgun is unlawful
under this section; or
(B) for preventing such a sale or transfer to a person who may
lawfully receive or possess a handgun.
(8) For purposes of this subsection, the term ''chief law
enforcement officer'' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.
(9) The Attorney General 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) 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 Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986; or
(C) on application of the transferor, the Attorney General has
certified that compliance with paragraph (1)(A) is impracticable
because -
(i) the ratio of the number of law enforcement officers of
the State in which the transfer is to occur to the number of
square miles of land area of the State does not exceed 0.0025;
(ii) the business premises of the licensee at which the
transfer is to occur are extremely remote in relation to the
chief law enforcement officer (as defined in subsection
(s)(8)); and
(iii) there is an absence of telecommunications facilities in
the geographical area in which the business premises are
located.
(4) If the national instant criminal background check system
notifies the licensee that the information available to the system
does not demonstrate that the receipt of a firearm by such other
person would violate subsection (g) or (n) or State law, and the
licensee transfers a firearm to such other person, the licensee
shall include in the record of the transfer the unique
identification number provided by the system with respect to the
transfer.
(5) If the licensee knowingly transfers a firearm to such other
person and knowingly fails to comply with paragraph (1) of this
subsection with respect to the transfer and, at the time such other
person most recently proposed the transfer, the national instant
criminal background check system was operating and information was
available to the system demonstrating that receipt of a firearm by
such other person would violate subsection (g) or (n) of this
section or State law, the Attorney General 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 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 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
Attorney General.
(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 Attorney General.
(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 the possession or use of a handgun or ammunition
by a juvenile if the handgun and ammunition 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

-SOURCE-
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.


Link Posted: 8/23/2004 2:03:15 PM EST
Damn. that sucks.
Link Posted: 8/23/2004 2:05:14 PM EST
How it will look Sept 13th



TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

Sec. 921. Definitions

(a) As used in this chapter -
(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 Attorney General finds is generally recognized as
particularly suitable for sporting purposes) by whatever name
known which will, or which may be readily converted to, expel a
projectile by the action of an explosive or other propellant, and
which has any barrel with a bore of more than one-half inch in
diameter; and
(C) any combination of parts either designed or intended for
use in converting any device into any destructive device
described in subparagraph (A) or (B) and from which a destructive
device may be readily assembled.
The term ''destructive device'' shall not include any device which
is neither designed nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is
redesigned for use as a signaling, pyrotechnic, line throwing,
safety, or similar device; surplus ordnance sold, loaned, or given
by the Secretary of the Army pursuant to the provisions of section
4684(2), 4685, or 4686 of title 10; or any other device which the
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 a weapon as modified has an overall length of
less than twenty-six inches.
(7) The term ''rifle'' means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of an
explosive to fire only a single projectile through a rifled bore
for each single pull of the trigger.
(8) The term ''short-barreled rifle'' means a rifle having one or
more barrels less than sixteen inches in length and any weapon made
from a rifle (whether by alteration, modification, or otherwise) if
such weapon, as modified, has an overall length of less than
twenty-six inches.
(9) The term ''importer'' means any person engaged in the
business of importing or bringing firearms or ammunition into the
United States for purposes of sale or distribution; and the term
''licensed importer'' means any such person licensed under the
provisions of this chapter.
(10) The term ''manufacturer'' means any person engaged in the
business of manufacturing firearms or ammunition for purposes of
sale or distribution; and the term ''licensed manufacturer'' means
any such person licensed under the provisions of this chapter.
(11) The term ''dealer'' means (A) any person engaged in the
business of selling firearms at wholesale or retail, (B) any person
engaged in the business of repairing firearms or of making or
fitting special barrels, stocks, or trigger mechanisms to firearms,
or (C) any person who is a pawnbroker. The term ''licensed
dealer'' means any dealer who is licensed under the provisions of
this chapter.
(12) The term ''pawnbroker'' means any person whose business or
occupation includes the taking or receiving, by way of pledge or
pawn, of any firearm as security for the payment or repayment of
money.
(13) The term ''collector'' means any person who acquires, holds,
or disposes of firearms as curios or relics, as the Attorney
General shall by regulation define, and the term ''licensed
collector'' means any such person licensed under the provisions of
this chapter.
(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 propellent powder designed for use in
any firearm.
(B) The term ''armor piercing ammunition'' means -
(i) a projectile or projectile core which may be used in a
handgun and which is constructed entirely (excluding the presence
of traces of other substances) from one or a combination of
tungsten alloys, steel, iron, brass, bronze, beryllium copper, or
depleted uranium; or
(ii) a full jacketed projectile larger than .22 caliber
designed and intended for use in a handgun and whose jacket has a
weight of more than 25 percent of the total weight of the
projectile.
(C) The term ''armor piercing ammunition'' does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile designed
for target shooting, a projectile which the Attorney General finds
is primarily intended to be used for sporting purposes, or any
other projectile or projectile core which the Attorney General
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 of
the United States (FOOTNOTE 1)
(FOOTNOTE 1) So in original. Probably should be followed by a
period.
(19) The term ''published ordinance'' means a published law of
any political subdivision of a State which the Attorney General
determines to be relevant to the enforcement of this chapter and
which is contained on a list compiled by the Attorney General,
which list shall be published in the Federal Register, revised
annually, and furnished to each licensee under this chapter.
(20) The term ''crime punishable by imprisonment for a term
exceeding one year'' does not include -
(A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business
practices, or
(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years
or less.
What constitutes a conviction of such a crime shall be determined
in accordance with the law of the jurisdiction in which the
proceedings were held. Any conviction which has been expunged, or
set aside or for which a person has been pardoned or has had civil
rights restored shall not be considered a conviction for purposes
of this chapter, unless such pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.
(21) The term ''engaged in the business'' means -
(A) as applied to a manufacturer of firearms, a person who
devotes time, attention, and labor to manufacturing firearms as a
regular course of trade or business with the principal objective
of livelihood and profit through the sale or distribution of the
firearms manufactured;
(B) as applied to a manufacturer of ammunition, a person who
devotes time, attention, and labor to manufacturing ammunition as
a regular course of trade or business with the principal
objective of livelihood and profit through the sale or
distribution of the ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in section
921(a)(11)(A), a person who devotes time, attention, and labor to
dealing in firearms as a regular course of trade or business with
the principal objective of livelihood and profit through the
repetitive purchase and resale of firearms, but such term shall
not include a person who makes occasional sales, exchanges, or
purchases of firearms for the enhancement of a personal
collection or for a hobby, or who sells all or part of his
personal collection of firearms;
(D) as applied to a dealer in firearms, as defined in section
921(a)(11)(B), a person who devotes time, attention, and labor to
engaging in such activity as a regular course of trade or
business with the principal objective of livelihood and profit,
but such term shall not include a person who makes occasional
repairs of firearms, or who occasionally fits special barrels,
stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person who devotes
time, attention, and labor to importing firearms as a regular
course of trade or business with the principal objective of
livelihood and profit through the sale or distribution of the
firearms imported; and
(F) as applied to an importer of ammunition, a person who
devotes time, attention, and labor to importing ammunition as a
regular course of trade or business with the principal objective
of livelihood and profit through the sale or distribution of the
ammunition imported.
(22) The term ''with the principal objective of livelihood and
profit'' means that the intent underlying the sale or disposition
of firearms is predominantly one of obtaining livelihood and
pecuniary gain, as opposed to other intents, such as improving or
liquidating a personal firearms collection: Provided, That proof of
profit shall not be required as to a person who engages in the
regular and repetitive purchase and disposition of firearms for
criminal purposes or terrorism. For purposes of this paragraph,
the term ''terrorism'' means activity, directed against United
States persons, which -
(A) is committed by an individual who is not a national or
permanent resident alien of the United States;
(B) involves violent acts or acts dangerous to human life which
would be a criminal violation if committed within the
jurisdiction of the United States; and
(C) is intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation
or coercion; or
(iii) to affect the conduct of a government by assassination
or kidnapping.
(23) The term ''machinegun'' has the meaning given such term in
section 5845(b) of the National Firearms Act (26 U.S.C. 5845(b)).
(24) The terms ''firearm silencer'' and ''firearm muffler'' mean
any device for silencing, muffling, or diminishing the report of a
portable firearm, including any combination of parts, designed or
redesigned, and intended for use in assembling or fabricating a
firearm silencer or firearm muffler, and any part intended only for
use in such assembly or fabrication.
(25) The term ''school zone'' means -
(A) in, or on the grounds of, a public, parochial or private
school; or
(B) within a distance of 1,000 feet from the grounds of a
public, parochial or private school.
(26) The term ''school'' means a school which provides elementary
or secondary education, as determined under State law.
(27) The term ''motor vehicle'' has the meaning given such term
in section 13102 of title 49, United States Code.
(28) The term ''semiautomatic rifle'' means any repeating rifle
which utilizes a portion of the energy of a firing cartridge to
extract the fired cartridge case and chamber the next round, and
which requires a separate pull of the trigger to fire each
cartridge.
(29) The term ''handgun'' means -
(A) a firearm which has a short stock and is designed to be
held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in
subparagraph (A) can be assembled.
(30) The term ''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.
(31)(A) Except as provided in subparagraph (C), the term
''misdemeanor crime of domestic violence'' means an offense that -
(i) is a misdemeanor under Federal or State law; and
(ii) has, as an element, the use or attempted use of physical
force, or the threatened use of a deadly weapon, committed by a
current or former spouse, parent, or guardian of the victim, by a
person with whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim as a
spouse, parent, or guardian, or by a person similarly situated to
a spouse, parent, or guardian of the victim.
(B)(i) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter, unless -
(I) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the
case; and
(II) in the case of a prosecution for an offense described in
this paragraph for which a person was entitled to a jury trial in
the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right
to have the case tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter 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.
(32) 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.
(33) The term ''body armor'' means any product sold or offered
for sale, in interstate or foreign commerce, as personal protective
body covering intended to protect against gunfire, regardless of
whether the product is to be worn alone or is sold as a complement
to another product or garment.
(b) For the purposes of this chapter, a member of the Armed
Forces on active duty is a resident of the State in which his
permanent duty station is located.


Sec. 922. Unlawful acts

(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms, or in the course of such
business to ship, transport, or receive any firearm in
interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to
engage in the business of importing or manufacturing
ammunition, or in the course of such business, to ship,
transport, or receive any ammunition in interstate or foreign
commerce;
(2) for any importer, manufacturer, dealer, or collector
licensed under the provisions of this chapter to ship or
transport in interstate or foreign commerce any firearm to any
person other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, except that -
(A) this paragraph and subsection (b)(3) shall not be held to
preclude a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector from returning a firearm or
replacement firearm of the same kind and type to a person from
whom it was received; and this paragraph shall not be held to
preclude an individual from mailing a firearm owned in
compliance with Federal, State, and local law to a licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector;
(B) this paragraph shall not be held to preclude a licensed
importer, licensed manufacturer, or licensed dealer from
depositing a firearm for conveyance in the mails to any
officer, employee, agent, or watchman who, pursuant to the
provisions of section 1715 of this title, is eligible to
receive through the mails pistols, revolvers, and other
firearms capable of being concealed on the person, for use in
connection with his official duty; and
(C) nothing in this paragraph shall be construed as applying
in any manner in the District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United States differently
than it would apply if the District of Columbia, the
Commonwealth of Puerto Rico, or the possession were in fact a
State of the United States;
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;
(4) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, to
transport in interstate or foreign commerce any destructive
device, machinegun (as defined in section 5845 of the Internal
Revenue Code of 1986), short-barreled shotgun, or short-barreled
rifle, except as specifically authorized by the Attorney General
consistent with public safety and necessity;
(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to
transfer, sell, trade, give, transport, or deliver any firearm to
any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the
transferor knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person who
is permitted to acquire or possess a firearm under the laws of
the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
(6) for any person in connection with the acquisition or
attempted acquisition of any firearm or ammunition from a
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, knowingly to make any false or fictitious
oral or written statement or to furnish or exhibit any false,
fictitious, or misrepresented identification, intended or likely
to deceive such importer, manufacturer, dealer, or collector with
respect to any fact material to the lawfulness of the sale or
other disposition of such firearm or ammunition under the
provisions of this chapter;
(7) for any person to manufacture or import armor piercing
ammunition, except that this paragraph shall not apply to -
(A) the manufacture or importation of such ammunition for the
use of the United States or any department or agency thereof or
any State or any department, agency, or political subdivision
thereof;
(B) the manufacture of such ammunition for the purpose of
exportation; and
(C) any manufacture or importation for the purposes of
testing or experimentation authorized by the Attorney General;
(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 Attorney General; and
(9) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, who does
not reside in any State to receive any firearms unless such
receipt is for lawful sporting purposes.
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase
or possession by such person of such firearm would be in
violation of any State law or any published ordinance applicable
at the place of sale, delivery or other disposition, unless the
licensee knows or has reasonable cause to believe that the
purchase or possession would not be in violation of such State
law or such published ordinance;
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a
place of business in) the State in which the licensee's place of
business is located, except that this paragraph (A) shall not
apply to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the licensee's
place of business is located if the transferee meets in person
with the transferor to accomplish the transfer, and the sale,
delivery, and receipt fully comply with the legal conditions of
sale in both such States (and any licensed manufacturer, importer
or dealer shall be presumed, for purposes of this subparagraph,
in the absence of evidence to the contrary, to have had actual
knowledge of the State laws and published ordinances of both
States), and (B) shall not apply to the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
(4) to any person any destructive device, machinegun (as
defined in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except as
specifically authorized by the Attorney General 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 business entity.
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 Attorney
General.
(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 Attorney
General, 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 (FOOTNOTE 1) has been discharged from the Armed Forces
under dishonorable conditions;
(FOOTNOTE 1) So in original. The word ''who'' probably should
not appear.
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child, except
that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of
domestic violence.
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector who
pursuant to subsection (b) of section 925 of this chapter is not
precluded from dealing in firearms or ammunition, or to a person
who has been granted relief from disabilities pursuant to
subsection (c) of section 925 of this chapter.
(e) It shall be unlawful for any person knowingly to deliver or
cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce, to
persons other than licensed importers, licensed manufacturers,
licensed dealers, or licensed collectors, any package or other
container in which there is any firearm or ammunition without
written notice to the carrier that such firearm or ammunition is
being transported or shipped; except that any passenger who owns or
legally possesses a firearm or ammunition being transported aboard
any common or contract carrier for movement with the passenger in
interstate or foreign commerce may deliver said firearm or
ammunition into the custody of the pilot, captain, conductor or
operator of such common or contract carrier for the duration of the
trip without violating any of the provisions of this chapter. No
common or contract carrier shall require or cause any label, tag,
or other written notice to be placed on the outside of any package,
luggage, or other container that such package, luggage, or other
container contains a firearm.
(f)(1) It shall be unlawful for any common or contract carrier to
transport or deliver in interstate or foreign commerce any firearm
or ammunition with knowledge or reasonable cause to believe that
the shipment, transportation, or receipt thereof would be in
violation of the provisions of this chapter.
(2) It shall be unlawful for any common or contract carrier to
deliver in interstate or foreign commerce any firearm without
obtaining written acknowledgement of receipt from the recipient of
the package or other container in which there is a firearm.
(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has
been committed to a mental institution;
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) who is subject to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;
(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and
(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime
of domestic violence,
to ship or transport in interstate or foreign commerce, or possess
in or affecting commerce, any firearm or ammunition; or to receive
any firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person
described in any paragraph of subsection (g) of this section, in
the course of such employment -
(1) to receive, possess, or transport any firearm or ammunition
in or affecting interstate or foreign commerce; or
(2) to receive any firearm or ammunition which has been shipped
or transported in interstate or foreign commerce.
(i) It shall be unlawful for any person to transport or ship in
interstate or foreign commerce, any stolen firearm or stolen
ammunition, knowing or having reasonable cause to believe that the
firearm or ammunition was stolen.
(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm or
stolen ammunition, or pledge or accept as security for a loan any
stolen firearm or stolen ammunition, which is moving as, which is a
part of, which constitutes, or which has been shipped or
transported in, interstate or foreign commerce, either before or
after it was stolen, knowing or having reasonable cause to believe
that the firearm or ammunition was stolen.
(k) It shall be unlawful for any person knowingly to transport,
ship, or receive, in interstate or foreign commerce, any firearm
which has had the importer's or manufacturer's serial number
removed, obliterated, or altered or to possess or receive any
firearm which has had the importer's or manufacturer's serial
number removed, obliterated, or altered and has, at any time, been
shipped or transported in interstate or foreign commerce.
(l) Except as provided in section 925(d) of this chapter, it
shall be unlawful for any person knowingly to import or bring into
the United States or any possession thereof any firearm or
ammunition; and it shall be unlawful for any person knowingly to
receive any firearm or ammunition which has been imported or
brought into the United States or any possession thereof in
violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly to
make any false entry in, to fail to make appropriate entry in, or
to fail to properly maintain, any record which he is required to
keep pursuant to section 923 of this chapter or regulations
promulgated thereunder.
(n) It shall be unlawful for any person who is under indictment
for a crime punishable by imprisonment for a term exceeding one
year to ship or transport in interstate or foreign commerce any
firearm or ammunition or receive any firearm or ammunition which
has been shipped or transported in interstate or foreign commerce.
(o)(1) Except as provided in paragraph (2), it shall be unlawful
for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to -
(A) a transfer to or by, or possession by or under the
authority of, the United States or any department or agency
thereof or a State, or a department, agency, or political
subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun
that was lawfully possessed before the date this subsection takes
effect.
(p)(1) It shall be unlawful for any person to manufacture,
import, sell, ship, deliver, possess, transfer, or receive any
firearm -
(A) that, after removal of grips, stocks, and magazines, is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security
Exemplar; or
(B) any major component of which, when subjected to inspection
by the types of x-ray machines commonly used at airports, does
not generate an image that accurately depicts the shape of the
component. Barium sulfate or other compounds may be used in the
fabrication of the component.
(2) For purposes of this subsection -
(A) the term ''firearm'' does not include the frame or receiver
of any such weapon;
(B) the term ''major component'' means, with respect to a
firearm, the barrel, the slide or cylinder, or the frame or
receiver of the firearm; and
(C) the term ''Security Exemplar'' means an object, to be
fabricated at the direction of the Attorney General, that is -
(i) constructed of, during the 12-month period beginning on
the date of the enactment 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 Attorney General 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 Attorney General
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 Attorney General 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 Attorney General 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
Attorney General 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.
(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 (FOOTNOTE 2) the House of Representatives and the
Committee on the Judiciary of the Senate;
(FOOTNOTE 2) So in original. Probably should be followed by
''of''.
(D) in fact, even before the sale of a firearm, the gun, its
component parts, ammunition, and the raw materials from which
they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary
citizens and foreign visitors may fear to travel to or through
certain parts of the country due to concern about violent crime
and gun violence, and parents may decline to send their children
to school for the same reason;
(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse
impact on interstate commerce and the foreign commerce of the
United States;
(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves - even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or inability
of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation's
schools by enactment of this subsection.
(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is
on a motor vehicle;
(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be
unlawful for any person, knowingly or with reckless disregard for
the safety of another, to discharge or attempt to discharge a
firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm
-
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school
zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered
into between a school in a school zone and the individual or an
employer of the individual; or
(iv) by a law enforcement officer acting in his or her official
capacity.
(4) Nothing in this subsection shall be construed as preempting
or preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.
(r) It shall be unlawful for any person to assemble from imported
parts any semiautomatic rifle or any shotgun which is identical to
any rifle or shotgun prohibited from importation under section
925(d)(3) of this chapter as not being particularly suitable for or
readily adaptable to sporting purposes except that this subsection
shall not apply to -
(1) the assembly of any such rifle or shotgun for sale or
distribution by a licensed manufacturer to the United States or
any department or agency thereof or to any State or any
department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes
of testing or experimentation authorized by the Attorney General.
(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 Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986; or
(F) on application of the transferor, the Attorney General 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)
(FOOTNOTE 3) ) of the transferee containing a photograph of the
transferee and a description of the identification used;
(FOOTNOTE 3) See References in Text note below.
(B) a statement that the transferee -
(i) is not under indictment for, and has not been convicted
in any court of, a crime punishable by imprisonment for a term
exceeding 1 year, and has not been convicted in any court of a
misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act);
(iv) has not been adjudicated as a mental defective or been
committed to a mental institution;
(v) is not an alien who -
(I) is illegally or unlawfully in the United States; or
(II) subject to subsection (y)(2), has been admitted to the
United States under a nonimmigrant visa (as that term is
defined in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
(vi) has not been discharged from the Armed Forces under
dishonorable conditions; and
(vii) is not a person who, having been a citizen of the
United States, has renounced such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a handgun from
the transferor.
(4) Any transferor of a handgun who, after such transfer,
receives a report from a chief law enforcement officer containing
information that receipt or possession of the handgun by the
transferee violates Federal, State, or local law shall, within 1
business day after receipt of such request, communicate any
information related to the transfer that the transferor has about
the transfer and the transferee to -
(A) the chief law enforcement officer of the place of business
of the transferor; and
(B) the chief law enforcement officer of the place of residence
of the transferee.
(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection shall
not disclose such information except to the transferee, to law
enforcement authorities, or pursuant to the direction of a court of
law.
(6)(A) Any transferor who sells, delivers, or otherwise transfers
a handgun to a transferee shall retain the copy of the statement of
the transferee with respect to the handgun transaction, and shall
retain evidence that the transferor has complied with subclauses
(III) and (IV) of paragraph (1)(A)(i) with respect to the
statement.
(B) Unless the chief law enforcement officer to whom a statement
is transmitted under paragraph (1)(A)(i)(IV) determines that a
transaction would violate Federal, State, or local law -
(i) the officer shall, within 20 business days after the date
the transferee made the statement on the basis of which the
notice was provided, destroy the statement, any record containing
information derived from the statement, and any record created as
a result of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall not be
conveyed to any person except a person who has a need to know in
order to carry out this subsection; and
(iii) the information contained in the statement shall not be
used for any purpose other than to carry out this subsection.
(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the individual
requests the officer to provide the reason for such determination,
the officer shall provide such reasons to the individual in writing
within 20 business days after receipt of the request.
(7) A chief law enforcement officer or other person responsible
for providing criminal history background information pursuant to
this subsection shall not be liable in an action at law for damages
-
(A) for failure to prevent the sale or transfer of a handgun to
a person whose receipt or possession of the handgun is unlawful
under this section; or
(B) for preventing such a sale or transfer to a person who may
lawfully receive or possess a handgun.
(8) For purposes of this subsection, the term ''chief law
enforcement officer'' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.
(9) The Attorney General 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) 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 Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986; or
(C) on application of the transferor, the Attorney General has
certified that compliance with paragraph (1)(A) is impracticable
because -
(i) the ratio of the number of law enforcement officers of
the State in which the transfer is to occur to the number of
square miles of land area of the State does not exceed 0.0025;
(ii) the business premises of the licensee at which the
transfer is to occur are extremely remote in relation to the
chief law enforcement officer (as defined in subsection
(s)(8)); and
(iii) there is an absence of telecommunications facilities in
the geographical area in which the business premises are
located.
(4) If the national instant criminal background check system
notifies the licensee that the information available to the system
does not demonstrate that the receipt of a firearm by such other
person would violate subsection (g) or (n) or State law, and the
licensee transfers a firearm to such other person, the licensee
shall include in the record of the transfer the unique
identification number provided by the system with respect to the
transfer.
(5) If the licensee knowingly transfers a firearm to such other
person and knowingly fails to comply with paragraph (1) of this
subsection with respect to the transfer and, at the time such other
person most recently proposed the transfer, the national instant
criminal background check system was operating and information was
available to the system demonstrating that receipt of a firearm by
such other person would violate subsection (g) or (n) of this
section or State law, the Attorney General 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 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 the possession or use of a handgun or ammunition
by a juvenile if the handgun and ammunition 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.
(w) 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.



You asked for it, now read it.
Link Posted: 8/23/2004 2:07:34 PM EST

How it will look Sept 13th




Aw jeeze, not this shit again.



Link Posted: 8/23/2004 4:57:29 PM EST
[Last Edit: 8/23/2004 4:57:52 PM EST by miamilightning]
I believe the word 'ammunition' was misspelled in line 4,284.
Link Posted: 8/23/2004 5:00:01 PM EST
Well, it's gonna be a HELL OF A LOT EASIER to read because a good size chunk of it will be GONE!
Link Posted: 8/23/2004 5:06:05 PM EST
This may be a record for the longest ARFCOM post in a single message.

Think of the annual savings in ink and paper!
Link Posted: 8/23/2004 5:17:24 PM EST
You mean they put ALL TWENTY THOUSAND gun laws in one?

Link Posted: 8/23/2004 6:47:16 PM EST
thats the short laymans version.
The offical version is in latin and has to viewed using a mirror.
Link Posted: 8/24/2004 12:06:10 PM EST
Loooooooooooooooonnnnnnnnnnnnnnnnnngggggggggg­ggggggggg story short...........

On 9/13, there will no longer be a legal definition of an "Assault Weapon". In the eyes of Federal Law, they will no longer exist........period..........end of story!

Thats all the 94 ban did. First it defined them then outlawed their manufacture. Luckily for us, both are in the section that is sunsetting. This is why getting a new ban in the future will be next to impossible. The antis no longer have a legal definition of what they are banning. They will have to start from scratch across the board.
Link Posted: 8/24/2004 12:11:03 PM EST
And that is precisely what groups like the VPC want to do.

They hate the current ban and want it to sunset so they can start over.

CRC
Link Posted: 8/24/2004 12:11:47 PM EST

Originally Posted By rickinvegas:
They will have to start from scratch across the board.



Not to be chicken little, but just to be PREPARED, consider that the above statement could lead to two possible courses of action:

1. A stonger ban is drafted and attempted to pass, -OR-
2. A more incremental approach is adopted, whereby the antis try to get pieces and parts of it back rather than all in one shot. For example legislation might come up that ONLY bans high-cap magazines or ONLY rifles with pistol-grips.

I agree we are in a good position but it pays to be ever-vigilant.
Link Posted: 8/24/2004 12:27:23 PM EST

Originally Posted By CRC:
And that is precisely what groups like the VPC want to do.

They hate the current ban and want it to sunset so they can start over.

CRC



Absolutely true!!

The problem they have is this...........a ban on cosmetic features like the 94 ban is a loser for them. This is a proven fact. Therefore, they would have to ban FUNCTIONALITY. Think about this.....we are all pretty knowledgeable here about guns........try to write a function ban that wouldn't snare everything from grandpa's huntin' iron to the guns used by Olympic shooters and everything in between. Almost impossible to do.

In 1994, the antis blew their wad on the path of least resistance (evil AW owners) hoping it would lead to bigger and better things. It didn't. Now they have nowhere to run and hide.
Link Posted: 8/24/2004 12:33:35 PM EST
I think the VPCers (not the Bradys) would just settle for a Kaliban-style ban.

Not that it would pass, but they don't want any less.

Now the Bradys would prolly compromise like they are doing now. They are more into the politics of it.

CRC
Link Posted: 8/24/2004 12:50:06 PM EST

Originally Posted By CRC:
I think the VPCers (not the Bradys) would just settle for a Kaliban-style ban.

Not that it would pass, but they don't want any less.

Now the Bradys would prolly compromise like they are doing now. They are more into the politics of it.

CRC



Money talks and .....etc etc

Take a look at their 501(c)3 tax returns. Their money is drying up big time. They are both in danger of literally going out of business.
Link Posted: 8/24/2004 1:41:37 PM EST

Originally Posted By rickinvegas:

Take a look at their 501(c)3 tax returns.



Got a link to those? They are public records, right?
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