I have a question about persons shipping guns under federal law, with the statute revision.
18 USC 922 states that it is unlawful for any person (person being extremely broadly defined under 18 USC 921) to ship a firearm “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, receive any firearm in interstate or foreign commerce.” 18 USC 922(a)(1)(A)
However, in 18 USC 922(a)(2)(A) it states that “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.”
Under the former version of 18 USC 922, with the repair language, it was obvious that the exemption applied to any person in addition to any dealer. The question in this instance is what is the meaning of “paragraph” for the exception. It is obvious that “paragraph” does not extend to other subsections of the section, due to the addition of ‘subsection b’ to 922(a)(2)(A). However, it is not clear whether “paragraph” extends to all of sub a or if it only applies to sub a sub-sub 2. Logically, in order for the language in (a)(2)(A) to relating to individuals shipping to make sense, it would have to exempt the individual mailing of a firearm from (a)(1)(A), and therefore extend “paragraph” to mean all of sub a. However, it is simply unclear what “paragraph” means.
In addition, because the postal regulations were originally written under the former statute wording, they are of no help. Also, “paragraph” is not defined in 18 USC 921.
Has anyone had dealings with the new statutory language? Does anyone have any interpretive help for the meaning of “paragraph”?
Thank you,
Gary