18 U.S.C. § 921 : US Code - Section 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 (!1)

      (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), (31) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2),
    Sept. 13, 1994, 108 Stat. 2000.]
      (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),(!2) the term
    "misdemeanor crime of domestic violence" means an offense that - 

        (i) is a misdemeanor under Federal, State, or Tribal (!3) 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.