Notes on 18 U.S.C. § 922 : US Code - Notes

Search Notes on 18 U.S.C. § 922 : US Code - Notes

[APPENDIX A REPEALED. PUB. L. 103-322, TITLE XI, SEC. 110105(2),
SEPT. 13, 1994, 108 STAT. 2000]
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
228; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1216; Pub. L. 97-377, title I, Sec. 165(a), Dec. 21, 1982, 96
Stat. 1923; Pub. L. 99-308, Sec. 102, May 19, 1986, 100 Stat. 451;
Pub. L. 99-408, Sec. 2, Aug. 28, 1986, 100 Stat. 920; Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-649, Sec.
2(a), (f)(2)(A), Nov. 10, 1988, 102 Stat. 3816, 3818; Pub. L. 100-
690, title VII, Sec. 7060(c), Nov. 18, 1988, 102 Stat. 4404; Pub.
L. 101-647, title XVII, Sec. 1702(b)(1), title XXII, Secs. 2201,
2202, 2204(b), title XXXV, Sec. 3524, Nov. 29, 1990, 104 Stat.
4844, 4856, 4857, 4924; Pub. L. 103-159, title I, Sec. 102(a)(1),
(b), title III, Sec. 302(a)-(c), Nov. 30, 1993, 107 Stat. 1536,
1539, 1545; Pub. L. 103-322, title XI, Secs. 110102(a), 110103(a),
110105(2), 110106, 110201(a), 110401(b), (c), 110511, 110514, title
XXXII, Secs. 320904, 320927, title XXXIII, Sec. 330011(i), Sept.
13, 1994, 108 Stat. 1996, 1998, 2000, 2010, 2014, 2019, 2125, 2131,
2145; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI,
Secs. 657, 658(b)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-369,
3009-372; Pub. L. 104-294, title VI, Sec. 603(b), (c)(1), (d)-
(f)(1), (g), Oct. 11, 1996, 110 Stat. 3503, 3504; Pub. L. 105-277,
div. A, Sec. 101(b) [title I, Sec. 121], Oct. 21, 1998, 112 Stat.
2681-50, 2681-71; Pub. L. 107-273, div. B, title IV, Sec.
4003(a)(1), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 107-296, title
XI, Sec. 1112(f)(4), (6), Nov. 25, 2002, 116 Stat. 2276; Pub. L.
109-92, Secs. 5(c)(1), 6(a), Oct. 26, 2005, 119 Stat. 2099, 2101.)
AMENDMENT OF SECTION
Pub. L. 100-649, Sec. 2(f)(2)(A), Nov. 10, 1988, 102 Stat. 3818,
as amended by Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec.
649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528; Pub. L. 108-174,
Sec. 1(1), Dec. 9, 2003, 117 Stat. 2481, provided that, effective
25 years after the 30th day beginning after Nov. 10, 1988,
subsection (p) of this section is repealed.
REFERENCES IN TEXT
The effective date of this chapter, referred to in subsec.
(a)(3), is December 16, 1968.
Section 5845 of the Internal Revenue Code of 1986, referred to in
subsecs. (a)(4) and (b)(4), is classified to section 5845 of Title
26, Internal Revenue Code.
For date this subsection takes effect, referred to in subsec.
(o)(2)(B), as May 19, 1986, see Effective Date of 1986 Amendment
note, set out below.
The date of the enactment of this subsection and the date of the
enactment of the Undetectable Firearms Act of 1988, referred to in
subsec. (p)(2)(C)(i), (6), respectively, are both the date of
enactment of Pub. L. 100-649, which enacted subsec. (p) of this
section and which was approved Nov. 10, 1988.
The date of enactment of this subsection, referred to in subsec.
(s)(1), is the date of enactment of Pub. L. 103-159, which was
approved Nov. 30, 1993.
Section 5812 of the Internal Revenue Code of 1986, referred to in
subsecs. (s)(1)(E) and (t)(3)(B), is classified to section 5812 of
Title 26, Internal Revenue Code.
Section 1028 of this title, referred to in subsec. (s)(3)(A), was
subsequently amended, and section 1028(d)(1) no longer defines the
term "identification document". However, such term is defined
elsewhere in that section.
Section 102 of the Controlled Substances Act, referred to in
subsec. (s)(3)(B)(iii), is classified to section 802 of Title 21,
Food and Drugs.
Section 103 of the Brady Handgun Violence Prevention Act,
referred to in subsec. (t)(1), is section 103 of Pub. L. 103-159,
which is set out below.
AMENDMENTS
2005 - Subsec. (a)(7), (8). Pub. L. 109-92, Sec. 6(a), added
pars. (7) and (8) and struck out former pars. (7) and (8) which
related to prohibitions on the manufacture, importation, sale, and
delivery of armor piercing ammunition.
Subsec. (z). Pub. L. 109-92, Sec. 5(c)(1), added subsec. (z).
2002 - Subsecs. (a) to (c), (p)(2) to (4). Pub. L. 107-296, Sec.
1112(f)(6), substituted "Attorney General" for "Secretary" wherever
appearing.
Subsec. (p)(5)(A). Pub. L. 107-296, Sec. 1112(f)(4), substituted
"after consultation with the Attorney General" for "after
consultation with the Secretary".
Subsecs. (r), (s). Pub. L. 107-296, Sec. 1112(f)(6), substituted
"Attorney General" for "Secretary" wherever appearing.
Subsec. (t)(1)(C). Pub. L. 107-273 substituted "1028(d)" for
"1028(d)(1)".
Subsecs. (t)(3), (5), (v), (w). Pub. L. 107-296, Sec. 1112(f)(6),
substituted "Attorney General" for "Secretary" wherever appearing.
1998 - Subsec. (d)(5). Pub. L. 105-277, Sec. 101(b) [title I,
Sec. 121(1)], added par. (5) and struck out former par. (5) which
read as follows: "who, being an alien, is illegally or unlawfully
in the United States;".
Subsec. (g)(5). Pub. L. 105-277, Sec. 101(b) [title I, Sec.
121(2)], added par. (5) and struck out former par. (5) which read
as follows: "who, being an alien, is illegally or unlawfully in the
United States;".
Subsec. (s)(3)(B)(v). Pub. L. 105-277, Sec. 101(b) [title I, Sec.
121(3)], added cl. (v) and struck out former cl. (v) which read as
follows: "is not an alien who is illegally or unlawfully in the
United States;".
Subsec. (y). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 121(4)],
added subsec. (y).
1996 - Pub. L. 104-294, Sec. 603(g), amended Appendix A by
substituting "Uberti 1866 Sporting Rifle" for "Uberti 1866 Sporting
Rilfe" in category designated "Centerfire Rifles - Lever&Slide",
"Sako FiberClass Sporter" for "Sako Fiberclass Sporter" in category
designated "Centerfire Rifles - Bolt Action", "Remington 870 SPS
Special Purpose Magnum" for "Remington 879 SPS Special Purpose
Magnum" in category designated "Shotguns - Slide Actions", and
"E.A.A./Sabatti Falcon-Mon Over/Under" for "E.A.A/Sabatti Falcon-
Mon Over/Under" in category designated "Shotguns - Over/Unders".
Subsec. (d)(9). Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(1)],
added par. (9).
Subsec. (g)(7). Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)(A)],
struck out "or" at end.
Subsec. (g)(8)(C)(ii). Pub. L. 104-294, Sec. 603(b), which
directed the amendment of cl. (ii) by substituting a semicolon for
the comma at end, could not be executed because of the prior
amendment by Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)]. See
below.
Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)(B)], substituted ";
or" for comma at end.
Subsec. (g)(9). Pub. L. 104-208, Sec. 101(f) [Sec. 658(b)(2)(C)],
added par. (9).
Subsec. (q). Pub. L. 104-208, Sec. 101(f) [title VI, Sec. 657],
amended subsec. generally, revising and restating former
provisions.
Subsec. (s)(1). Pub. L. 104-294, Sec. 603(c)(1), amended
directory language of Pub. L. 103-322, Sec. 320927. See 1994
Amendment note below.
Subsec. (s)(3)(B)(i). Pub. L. 104-208, Sec. 101(f) [title VI,
Sec. 658(b)(3)], inserted ", and has not been convicted in any
court of a misdemeanor crime of domestic violence" before the
semicolon.
Subsec. (t)(2). Pub. L. 104-294, Sec. 603(d), substituted
"subsection (g) or (n)" for "section 922(g) or (n)" in introductory
provisions.
Subsec. (w)(4). Pub. L. 104-294, Sec. 603(e), substituted
"section 923(i) of this title" for "section 923(i) of title 18,
United States Code,".
Subsec. (x). Pub. L. 104-294, Sec. 603(f)(1), amended directory
language of Pub. L. 103-322, Sec. 110201(a). See 1994 Amendment
note below.
1994 - Pub. L. 103-322, Sec. 110106, which added Appendix A
specifying firearms that were not prohibited by subsec. (v)(1) at
end of section, was repealed by Pub. L. 103-322, Sec. 110105(2).
See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (a)(9). Pub. L. 103-322, Sec. 110514, added par. (9).
Subsec. (b)(1). Pub. L. 103-322, Sec. 330011(i), amended
directory language of Pub. L. 101-647, Sec. 3524. See 1990
Amendment note below.
Subsec. (d)(8). Pub. L. 103-322, Sec. 110401(b), added par. (8).
Subsec. (g)(8). Pub. L. 103-322, Sec. 110401(c), added par. (8).
Subsec. (j). Pub. L. 103-322, Sec. 110511, amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: "It
shall be unlawful for any person to receive, 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, knowing or having reasonable cause
to believe that the firearm or ammunition was stolen."
Subsec. (q). Pub. L. 103-322, Sec. 320904, added par. (1) and
redesignated former pars. (1) to (3) as (2) to (4), respectively.
Subsec. (s)(1). Pub. L. 103-322, Sec. 320927, as amended by Pub.
L. 104-294, Sec. 603(c)(1), inserted "(other than the return of a
handgun to the person from whom it was received)" after "handgun"
in introductory provisions.
Subsec. (v). Pub. L. 103-322, Sec. 110102(a), which added subsec.
(v) prohibiting the manufacture, transfer, or possession of
automatic assault weapons, was repealed by Pub. L. 103-322, Sec.
110105(2). See Effective and Termination Dates of 1994 Amendment
note below.
Subsec. (w). Pub. L. 103-322, Sec. 110103(a), which added subsec.
(w) prohibiting the transfer or possession of a large capacity
ammunition feeding device, was repealed by Pub. L. 103-322, Sec.
110105(2). See Effective and Termination Dates of 1994 Amendment
note below.
Subsec. (x). Pub. L. 103-322, Sec. 110201(a), as amended by Pub.
L. 104-294, Sec. 603(f)(1), added subsec. (x).
1993 - Subsec. (e). Pub. L. 103-159, Sec. 302(a), inserted at end
"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."
Subsec. (f). Pub. L. 103-159, Sec. 302(b), designated existing
provisions as par. (1) and added par. (2).
Subsec. (s). Pub. L. 103-159, Sec. 102(a)(1), added subsec. (s).
Subsec. (t). Pub. L. 103-159, Sec. 102(b), added subsec. (t).
Subsec. (u). Pub. L. 103-159, Sec. 302(c), added subsec. (u).
1990 - Subsec. (a)(5). Pub. L. 101-647, Sec. 2201, substituted
"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;" for "resides in any State
other than that in which the transferor resides (or other than that
in which its place of business is located if the transferor is a
corporation or other business entity);".
Subsec. (b)(1). Pub. L. 101-647, Sec. 3524, as amended by Pub. L.
103-322, Sec. 330011(i), substituted semicolon for period at end.
Subsec. (j). Pub. L. 101-647, Sec. 2202(a), substituted "which
constitutes, or which has been shipped or transported in" for "or
which constitutes".
Subsec. (k). Pub. L. 101-647, Sec. 2202(b), inserted before
period at end "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".
Subsec. (q). Pub. L. 101-647, Sec. 1702(b)(1), added subsec. (q).
Subsec. (r). Pub. L. 101-647, Sec. 2204(b), added subsec. (r).
1988 - Subsec. (g)(3). Pub. L. 100-690 inserted "who" before
"is".
Subsec. (p). Pub. L. 100-649 added subsec. (p).
1986 - Subsec. (a)(1). Pub. L. 99-308, Sec. 102(1), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: "for
any person, except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms or ammunition, or in the
course of such business to ship, transport, or receive any firearm
or ammunition in interstate or foreign commerce;"
Subsec. (a)(2). Pub. L. 99-308, Sec. 102(2)(A), in provision
preceding subpar. (A) struck out "or ammunition" after "any
firearm".
Subsec. (a)(2)(A). Pub. L. 99-308, Sec. 102(2)(B), substituted
"licensed dealer, or licensed collector" for "or licensed dealer
for the sole purpose of repair or customizing".
Subsec. (a)(3)(B). Pub. L. 99-308, Sec. 102(3), substituted
"firearm" for "rifle or shotgun" and "with subsection (b)(3) of
this section" for "with the provisions of subsection (b)(3) of this
section".
Subsec. (a)(4). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Subsec. (a)(7), (8). Pub. L. 99-408 added pars. (7) and (8).
Subsec. (b)(2). Pub. L. 99-308, Sec. 102(4)(A), struck out "or
ammunition" after "firearm" in two places.
Subsec. (b)(3)(A). Pub. L. 99-308, Sec. 102(4)(B), inserted a new
cl. (A) and struck out former cl. (A) which provided that par. (3)
"shall not apply to the sale or delivery of a rifle or shotgun to a
resident of a State contiguous to the State in which the licensee's
place of business is located if the purchaser's State of residence
permits such sale or delivery by law, the sale fully complies with
the legal conditions of sale in both such contiguous States, and
the purchaser and the licensee have, prior to the sale, or delivery
for sale, of the rifle or shotgun, complied with all of the
requirements of section 922(c) applicable to intrastate
transactions other than at the licensee's business premises,".
Subsec. (b)(3)(B), (C). Pub. L. 99-308, Sec. 102(4)(C), (D),
inserted "and" before "(B)" and struck out cl. (C), which provided
that par. (3) "shall not preclude any person who is participating
in any organized rifle or shotgun match or contest, or is engaged
in hunting, in a State other than his State of residence and whose
rifle or shotgun has been lost or stolen or has become inoperative
in such other State, from purchasing a rifle or shotgun in such
other State from a licensed dealer if such person presents to such
dealer a sworn statement (i) that his rifle or shotgun was lost or
stolen or became inoperative while participating in such a match or
contest, or while engaged in hunting, in such other State, and (ii)
identifying the chief law enforcement officer of the locality in
which such person resides, to whom such licensed dealer shall
forward such statement by registered mail".
Subsec. (b)(4). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Subsec. (b)(5). Pub. L. 99-308, Sec. 102(4)(E), substituted "or
armor-piercing ammunition" for "or ammunition except .22 caliber
rimfire ammunition".
Subsec. (d). Pub. L. 99-308, Sec. 102(5)(A), substituted "person"
for "licensed importer, licensed manufacturer, licensed dealer, or
licensed collector" in provision preceding par. (1).
Subsec. (d)(3). Pub. L. 99-308, Sec. 102(5)(B), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "is an
unlawful user of or addicted to marihuana or any depressant or
stimulant drug (as defined in section 201(v) of the Federal Food,
Drug, and Cosmetic Act) or narcotic drug (as defined in section
4731(a) of the Internal Revenue Code of 1954); or".
Subsec. (d)(5) to (7). Pub. L. 99-308, Sec. 102(5)(C), (D), added
pars. (5) to (7).
Subsec. (g). Pub. L. 99-308, Sec. 102(6)(D), in concluding
provision substituted "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" for "any firearm or
ammunition in interstate or foreign commerce".
Subsec. (g)(1). Pub. L. 99-308, Sec. 102(6)(A), struck out "is
under indictment for, or who" after "who".
Subsec. (g)(3). Pub. L. 99-308, Sec. 102(6)(B), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "who is an
unlawful user of or addicted to marihuana or any depressant or
stimulant drug (as defined in section 201(v) of the Federal Food,
Drug, and Cosmetic Act) or narcotic drug (as defined in section
4731(a) of the Internal Revenue Code of 1954); or".
Subsec. (g)(5) to (7). Pub. L. 99-308, Sec. 102(6)(C), added
pars. (5) to (7).
Subsec. (h). Pub. L. 99-308, Sec. 102(7), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: "It
shall be unlawful for any person -
"(1) who is under indictment for, or 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 marihuana or any
depressant or stimulant drug (as defined in section 201(v) of the
Federal Food, Drug, and Cosmetic Act) or narcotic drug (as
defined in section 4731(a) of the Internal Revenue Code of 1954);
or
"(4) who has been adjudicated as a mental defective or who has
been committed to any mental institution;
to receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce."
Subsec. (n). Pub. L. 99-308, Sec. 102(8), added subsec. (n).
Subsec. (o). Pub. L. 99-308, Sec. 102(9), added subsec. (o).
1982 - Subsec. (b)(5). Pub. L. 97-377 inserted "except .22
caliber rimfire ammunition" after "or ammunition".
1968 - Subsec. (a)(1). Pub. L. 90-618 reenacted par. (1) without
change.
Subsec. (a)(2). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees subject to the provisions of this
chapter, struck out exemption for the shipment or transportation in
interstate or foreign commerce for rifles or shotguns, and inserted
exemption authorizing an individual to mail a lawfully owned
firearm to the specified licensees for the sole purpose of repair
or customizing.
Subsec. (a)(3). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees, struck out exemption for shotguns or
rifles purchased or otherwise obtained outside the state of
residence of the recipient, struck out provision making it unlawful
for any person to purchase or otherwise obtain outside his state of
residence any firearm which it would be unlawful for him to
purchase or possess in that state, and provided for exemptions when
any person outside of his state of residence acquires a firearm by
bequest or interstate succession and transports the firearm or
otherwise receives it in his state of residence, if it is lawful
for such person to purchase or possess such firearm in his state of
residence, when a rifle or shotgun is obtained in conformity with
the provisions of subsec. (b)(3) of this section, and when any
firearm has been acquired in any state prior to the effective date
of this chapter.
Subsec. (a)(4). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees, and provided that the transporting of
the specified articles be authorized by the Secretary when
consistent with public safety and necessity.
Subsec. (a)(5). Pub. L. 90-618 added licensed collectors to the
enumerated list of exempted licensees, prohibited the transfer,
etc., of any firearm when the transferor has reasonable cause to
believe that the transferee resides in a State other than that in
which the transferor resides, and substituted provisions which
exempted the transfer, transportation, or delivery of firearms
incident to a bequest or intestate succession and the loan or
rental of firearms to any person for temporary use for lawful
sporting purposes for provisions which exempted the transfer of
shotguns or rifles and prohibited the transfer, etc., of any
firearm which the transferee could not lawfully purchase or possess
in accord with the applicable laws, regulations or ordinances of
the state or political subdivision in which the transferee resides.
Subsec. (a)(6). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees, and extended the provisions to
include the acquisition or attempted acquisition of ammunition.
Subsec. (b). Pub. L. 90-618, in provision preceding par. (1),
added licensed collectors to the enumerated list of licensees.
Subsec. (b)(1). Pub. L. 90-618 substituted provisions making it
unlawful to sell or deliver any firearm or ammunition to any
individual who the licensee knows or has reasonable cause to
believe is less than 18, and to sell or deliver any firearm, other
than a rifle or shotgun, or ammunition, other than ammunition for a
rifle or shotgun, to any individual who the licensee knows or has
reasonable cause to believe is less than 21, for provisions making
it unlawful to sell or deliver any firearm to any individual who
the licensee knows or has reasonable cause to believe is less than
21, if the firearm is other than a shotgun or rifle.
Subsec. (b)(2). Pub. L. 90-618 extended the prohibition to
include the sale or delivery of ammunition to any person where the
purchase or possession by such person of such ammunition would be
unlawful, and struck out "or in the locality in which such person
resides" after "or other disposition,".
Subsec. (b)(3). Pub. L. 90-618 inserted the exemptions to the
prohibition against the sale or delivery of any firearm to any
person who the licensee knows or has reasonable cause to believe
does not reside in the state in which the licensee's place of
business is located.
Subsec. (b)(4). Pub. L. 90-618 substituted provisions making it
unlawful to sell or deliver any of the specified articles, except
as specifically authorized by the Secretary as consistent with
public safety and necessity, for provisions making it unlawful to
sell or deliver any of the specified articles, unless the
transferor has obtained a sworn statement executed by the principal
law enforcement officer of the locality in which the transferee
resides stating that such person's receipt or possession would not
be unlawful, and that the receipt or possession is intended for
lawful purposes, with such sworn statement to be retained by the
licensee as part of the records required to be kept under this
chapter.
Subsec. (b)(5). Pub. L. 90-618 extended the prohibition to
include the sale or delivery of ammunition and, in the material
following subsec. (b)(5), added licensed collectors to the
enumerated list of licensees, and the provision that subsec. (b)(4)
shall not apply to a sale or delivery to any research organization
designated by the Secretary.
Subsecs. (c), (d). Pub. L. 90-618 added subsec. (c), redesignated
former subsec. (c) as (d), added licensed collectors to the
enumerated list of licensees, extended the prohibition against
disposal of firearms or ammunition to include the disposal by any
person who is an unlawful user of or addicted to marihuana or any
depressant, stimulant, or narcotic drug, or any person who has been
adjudicated a mental defective or has been committed to any mental
institution, and inserted "or ammunition" after "the sale or
disposition of a firearm". Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 90-618 added subsec. (e). Former subsec. (e)
redesignated (g).
Subsec. (f). Pub. L. 90-618 redesignated former subsec. (d) as
(f) and extended the prohibition against transportation or delivery
to include ammunition. Former subsec. (f) redesignated (h).
Subsec. (g). Pub. L. 90-618 redesignated former subsec. (e) as
(g) and extended the prohibition against the shipment or
transportation of firearms or ammunition to include the shipment or
transportation by any persons who is an unlawful user of or
addicted to marihuana or any depressant, stimulant, or narcotic
drug, or any person who has been adjudicated a mental defective or
has been committed to a mental institution. Former subsec. (g)
redesignated (i).
Subsec. (h). Pub. L. 90-618 redesignated former subsec. (f) as
(h) and extended the prohibition against the receipt of any
firearms or ammunition to include the receipt by any person who is
an unlawful user of or addicted to marihuana or any depressant,
stimulant, or narcotic drug, or any person who has been adjudicated
a mental defective or has been committed to any mental institution.
Former subsec. (h) redesignated (j).
Subsec. (i). Pub. L. 90-618 redesignated former subsec. (g) as
(i) and substituted "that the firearm or ammunition was" for "the
same to have been". Former subsec. (i) redesignated (k).
Subsec. (j). Pub. L. 90-618 redesignated former subsec. (h) as
(j) and substituted "which is moving as, which is a part of," for
"moving as or which is a part of" and "that the firearm or
ammunition was" for "the same to have been". Former subsec. (j)
redesignated (l).
Subsec. (k). Pub. L. 90-618 redesignated former subsec. (i) as
(k). Former subsec. (k) redesignated (m).
Subsec. (l). Pub. L. 90-618 redesignated former subsec. (j) as
(l).
Subsec. (m). Pub. L. 90-618 redesignated former subsec. (k) as
(m) and added licensed collectors to the enumerated list of
licensees.
CHANGE OF NAME
Reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as
the head of the intelligence community deemed to be a reference to
the Director of National Intelligence. Reference to the Director of
Central Intelligence or the Director of the Central Intelligence
Agency in the Director's capacity as the head of the Central
Intelligence Agency deemed to be a reference to the Director of the
Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
108-458, set out as a note under section 401 of Title 50, War and
National Defense.
Post Office Department, referred to in subsec. (c)(2),
redesignated United States Postal Service pursuant to Pub. L. 91-
375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 733, set out as a note
preceding section 101 of Title 39, Postal Service.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-92, Sec. 5(d), Oct. 26, 2005, 119 Stat. 2101,
provided that: "This section [amending this section and section 924
of this title and enacting provisions set out as notes under this
section and section 921 of this title] and the amendments made by
this section shall take effect 180 days after the date of enactment
of this Act [Oct. 26, 2005]."
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 603(c)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if the amendment had been included in section 320927 of
the Act referred to in paragraph (1) [Pub. L. 103-322] on the date
of the enactment of such Act [Sept. 13, 1994]."
Section 603(f)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if the amendment had been included in section 110201 of
the Act referred to in paragraph (1) [Pub. L. 103-322] on the date
of the enactment of such Act [Sept. 13, 1994]."
Section 603(i)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending section 210603(b) of Pub.
L. 103-322, which amended sections 103(k) and 106(b)(2) of Pub. L.
103-159, set out as notes below] shall take effect as if the
amendment had been included in section 210603(b) of the Act
referred to in paragraph (1) [Pub. L. 103-322] on the date of the
enactment of such Act [Sept. 13, 1994]."
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT
Amendment by sections 110102(a), 110103(a), and 110106 of Pub. L.
103-322 repealed 10 years after Sept. 13, 1994, see section
110105(2) of Pub. L. 103-322, formerly set out as a note under
section 921 of this title.
Section 330011(i) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section
3524 of Pub. L. 101-647 took effect.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 1702(b)(1) of Pub. L. 101-647 applicable to
conduct engaged in after the end of the 60-day period beginning on
Nov. 29, 1990, see section 1702(b)(4) of Pub. L. 101-647, set out
as a note under section 921 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET PROVISION
Pub. L. 100-649, Sec. 2(f), Nov. 10, 1988, 102 Stat. 3818, as
amended by Pub. L. 101-647, title XXXV, Sec. 3526(b), Nov. 29,
1990, 104 Stat. 4924; Pub. L. 105-277, div. A, Sec. 101(h) [title
VI, Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528; Pub. L.
108-174, Sec. 1, Dec. 9, 2003, 117 Stat. 2481, provided that:
"(1) Effective date. - This Act and the amendments made by this
Act [amending this section and sections 924 and 925 of this title
and enacting provisions set out as notes under this section,
section 921 of this title, and section 1356 of former Title 49,
Transportation] shall take effect on the 30th day beginning after
the date of the enactment of this Act [Nov. 10, 1988].
"(2) Sunset. - Effective 25 years after the effective date of
this Act -
"(A) subsection (p) of section 922 of title 18, United States
Code, is hereby repealed;
"(B) subsection (f) of section 924 of such title is hereby
repealed and subsections (g) through (o) of such section are
hereby redesignated as subsections (f) through (n), respectively;
"(C) subsection (f) of section 925 of such title is hereby
repealed;
"(D) section 924(a)(1) of such title is amended by striking
'this subsection, subsection (b), (c), or (f) of this section, or
in section 929' and inserting 'this chapter'; and
"(E) section 925(a) of such title is amended -
"(i) in paragraph (1), by striking 'and provisions relating
to firearms subject to the prohibitions of section 922(p)'; and
"(ii) in paragraph (2), by striking ', except for provisions
relating to firearms subject to the prohibitions of section
922(p),'; and
"(iii) in each of paragraphs (3) and (4), by striking 'except
for provisions relating to firearms subject to the prohibitions
of section 922(p),'."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 102(1)-(8) of Pub. L. 99-308 effective 180
days after May 19, 1986, and amendment by section 102(9) of Pub. L.
99-308 effective May 19, 1986, see section 110(a), (c) of Pub. L.
99-308, set out as a note under section 921 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, except
subsec. (l) effective Oct. 22, 1968, see section 105 of Pub. L. 90-
618, set out as a note under section 921 of this title.
PURPOSES
Pub. L. 109-92, Sec. 5(b), Oct. 26, 2005, 119 Stat. 2099,
provided that: "The purposes of this section [amending this section
and section 924 of this title and enacting provisions set out as
notes under this section and section 921 of this title] are -
"(1) to promote the safe storage and use of handguns by
consumers;
"(2) to prevent unauthorized persons from gaining access to or
use of a handgun, including children who may not be in possession
of a handgun; and
"(3) to avoid hindering industry from supplying firearms to law
abiding citizens for all lawful purposes, including hunting, self-
defense, collecting, and competitive or recreational shooting."
[For definition of "person" as used in section 5(b) of Pub. L.
109-92, set out above, see section 7903 of Title 15, Commerce and
Trade.]
LIABILITY; EVIDENCE
Pub. L. 109-92, Sec. 5(c)(3), Oct. 26, 2005, 119 Stat. 2101,
provided that:
"(A) Liability. - Nothing in this section [amending this section
and section 924 of this title and enacting provisions set out as
notes under this section and section 921 of this title] shall be
construed to -
"(i) create a cause of action against any Federal firearms
licensee or any other person for any civil liability; or
"(ii) establish any standard of care.
"(B) Evidence. - Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the amendments
made by this section shall not be admissible as evidence in any
proceeding of any court, agency, board, or other entity, except
with respect to an action relating to section 922(z) of title 18,
United States Code, as added by this subsection.
"(C) Rule of construction. - Nothing in this paragraph shall be
construed to bar a governmental action to impose a penalty under
section 924(p) of title 18, United States Code, for a failure to
comply with section 922(z) of that title."
[For definition of "person" as used in section 5(c)(3) of Pub. L.
109-92, set out above, see section 7903 of Title 15, Commerce and
Trade.]
CRIMINAL BACKGROUND CHECKS FOR PERSONS OFFERING FIREARM AS
COLLATERAL
Pub. L. 106-58, title VI, Sec. 634, Sept. 29, 1999, 113 Stat.
473, provided that: "None of the funds made available in this or
any other Act with respect to any fiscal year may be used for any
system to implement section 922(t) of title 18, United States Code,
unless the system allows, in connection with a person's delivery of
a firearm to a Federal firearms licensee as collateral for a loan,
the background check to be performed at the time the collateral is
offered for delivery to such licensee: Provided, That the licensee
notifies local law enforcement within 48 hours of the licensee
receiving a denial on the person offering the collateral: Provided
further, That the provisions of section 922(t) shall apply at the
time of the redemption of the firearm."
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 655], Oct.
21, 1998, 112 Stat. 2681-480, 2681-530.
AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND
ACTIVITIES AUTHORIZED BY BRADY HANDGUN VIOLENCE PREVENTION ACT AND
NATIONAL CHILD PROTECTION ACT OF 1993
Pub. L. 103-322, title XXI, Sec. 210603(a), Sept. 13, 1994, 108
Stat. 2074, which provided that certain amounts authorized in
sections 103(k) and 106(b)(2) of Pub. L. 103-159, set out below,
and section 5119b(b) of Title 42, The Public Health and Welfare,
may be appropriated from the Violent Crime Reduction Trust Fund,
was repealed by Pub. L. 109-162, title XI, Sec. 1154(b)(4), Jan. 5,
2006, 119 Stat. 3113.
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
Section 103 of Pub. L. 103-159, as amended by Pub. L. 103-322,
title XXI, Sec. 210603(b), Sept. 13, 1994, 103 Stat. 2074; Pub. L.
104-294, title VI, Sec. 603(h), (i)(1), Oct. 11, 1996, 110 Stat.
3504, provided that:
"(a) Determination of Timetables. - Not later than 6 months after
the date of enactment of this Act [Nov. 30, 1993], the Attorney
General shall -
"(1) determine the type of computer hardware and software that
will be used to operate the national instant criminal background
check system and the means by which State criminal records
systems and the telephone or electronic device of licensees will
communicate with the national system;
"(2) investigate the criminal records system of each State and
determine for each State a timetable by which the State should be
able to provide criminal records on an on-line capacity basis to
the national system; and
"(3) notify each State of the determinations made pursuant to
paragraphs (1) and (2).
"(b) Establishment of System. - Not later than 60 months after
the date of the enactment of this Act [Nov. 30, 1993], the Attorney
General shall establish a national instant criminal background
check system that any licensee may contact, by telephone or by
other electronic means in addition to the telephone, for
information, to be supplied immediately, on whether receipt of a
firearm by a prospective transferee would violate section 922 of
title 18, United States Code, or State law.
"(c) Expedited Action by the Attorney General. - The Attorney
General shall expedite -
"(1) the upgrading and indexing of State criminal history
records in the Federal criminal records system maintained by the
Federal Bureau of Investigation;
"(2) the development of hardware and software systems to link
State criminal history check systems into the national instant
criminal background check system established by the Attorney
General pursuant to this section; and
"(3) the current revitalization initiatives by the Federal
Bureau of Investigation for technologically advanced fingerprint
and criminal records identification.
"(d) Notification of Licensees. - On establishment of the system
under this section, the Attorney General shall notify each licensee
and the chief law enforcement officer of each State of the
existence and purpose of the system and the means to be used to
contact the system.
"(e) Administrative Provisions. -
"(1) Authority to obtain official information. -
Notwithstanding any other law, the Attorney General may secure
directly from any department or agency of the United States such
information on persons for whom receipt of a firearm would
violate subsection (g) or (n) of section 922 of title 18, United
States Code, or State law, as is necessary to enable the system
to operate in accordance with this section. On request of the
Attorney General, the head of such department or agency shall
furnish such information to the system.
"(2) Other authority. - The Attorney General shall develop such
computer software, design and obtain such telecommunications and
computer hardware, and employ such personnel, as are necessary to
establish and operate the system in accordance with this section.
"(f) Written Reasons Provided on Request. - If the national
instant criminal background check system determines that an
individual is ineligible to receive a firearm and the individual
requests the system to provide the reasons for the determination,
the system shall provide such reasons to the individual, in
writing, within 5 business days after the date of the request.
"(g) Correction of Erroneous System Information. - If the system
established under this section informs an individual contacting the
system that receipt of a firearm by a prospective transferee would
violate subsection (g) or (n) of section 922 of title 18, United
States Code, or State law, the prospective transferee may request
the Attorney General to provide the prospective transferee with the
reasons therefor. Upon receipt of such a request, the Attorney
General shall immediately comply with the request. The prospective
transferee may submit to the Attorney General information to
correct, clarify, or supplement records of the system with respect
to the prospective transferee. After receipt of such information,
the Attorney General shall immediately consider the information,
investigate the matter further, and correct all erroneous Federal
records relating to the prospective transferee and give notice of
the error to any Federal department or agency or any State that was
the source of such erroneous records.
"(h) Regulations. - After 90 days' notice to the public and an
opportunity for hearing by interested parties, the Attorney General
shall prescribe regulations to ensure the privacy and security of
the information of the system established under this section.
"(i) Prohibition Relating To Establishment of Registration
Systems With Respect to Firearms. - No department, agency, officer,
or employee of the United States may -
"(1) require that any record or portion thereof generated by
the system established under this section be recorded at or
transferred to a facility owned, managed, or controlled by the
United States or any State or political subdivision thereof; or
"(2) use the system established under this section to establish
any system for the registration of firearms, firearm owners, or
firearm transactions or dispositions, except with respect to
persons, prohibited by section 922(g) or (n) of title 18, United
States Code, or State law, from receiving a firearm.
"(j) Definitions. - As used in this section:
"(1) Licensee. - The term 'licensee' means a licensed importer
(as defined in section 921(a)(9) of title 18, United States
Code), a licensed manufacturer (as defined in section 921(a)(10)
of that title), or a licensed dealer (as defined in section
921(a)(11) of that title).
"(2) Other terms. - The terms 'firearm', 'handgun', 'licensed
importer', 'licensed manufacturer', and 'licensed dealer' have
the meanings stated in section 921(a) of title 18, United States
Code, as amended by subsection (a)(2).
"(k) Authorization of Appropriations. - There are authorized to
be appropriated such sums as are necessary to enable the Attorney
General to carry out this section."
FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS
Section 106(b) of Pub. L. 103-159, as amended by Pub. L. 103-322,
title XXI, Sec. 210603(b), Sept. 13, 1994, 103 Stat. 2074; Pub. L.
104-294, title VI, Sec. 603(i)(1), Oct. 11, 1996, 110 Stat. 3504,
provided that:
"(1) Grants for the improvement of criminal records. - The
Attorney General, through the Bureau of Justice Statistics, shall,
subject to appropriations and with preference to States that as of
the date of enactment of this Act [Nov. 30, 1993] have the lowest
percent currency of case dispositions in computerized criminal
history files, make a grant to each State to be used -
"(A) for the creation of a computerized criminal history record
system or improvement of an existing system;
"(B) to improve accessibility to the national instant criminal
background system; and
"(C) upon establishment of the national system, to assist the
State in the transmittal of criminal records to the national
system.
"(2) Authorization of appropriations. - There are authorized to
be appropriated for grants under paragraph (1) a total of
$200,000,000 for fiscal year 1994 and all fiscal years thereafter."
GUN-FREE ZONE SIGNS
Section 1702(b)(5) of Pub. L. 101-647 provided that: "Federal,
State, and local authorities are encouraged to cause signs to be
posted around school zones giving warning of prohibition of the
possession of firearms in a school zone."
IDENTIFICATION OF FELONS AND OTHER PERSONS INELIGIBLE TO PURCHASE
HANDGUNS
Section 6213 of Pub. L. 100-690 provided that:
"(a) Identification of Felons Ineligible To Purchase Handguns. -
The Attorney General shall develop a system for immediate and
accurate identification of felons who attempt to purchase 1 or more
firearms but are ineligible to purchase firearms by reason of
section 922(g)(1) of title 18, United States Code. The system shall
be accessible to dealers but only for the purpose of determining
whether a potential purchaser is a convicted felon. The Attorney
General shall establish a plan (including a cost analysis of the
proposed system) for implementation of the system. In developing
the system, the Attorney General shall consult with the Secretary
of the Treasury, other Federal, State, and local law enforcement
officials with expertise in the area, and other experts. The
Attorney General shall begin implementation of the system 30 days
after the report to the Congress as provided in subsection (b).
"(b) Report to Congress. - Not later than 1 year after the date
of the enactment of this Act [Nov. 18, 1988], the Attorney General
shall report to the Congress a description of the system referred
to in subsection (a) and a plan (including a cost analysis of the
proposed system) for implementation of the system. Such report may
include, if appropriate, recommendations for modifications of the
system and legislation necessary in order to fully implement such
system.
"(c) Additional Study of Other Persons Ineligible To Purchase
Firearms. - The Attorney General in consultation with the Secretary
of the Treasury shall conduct a study to determine if an effective
method for immediate and accurate identification of other persons
who attempt to purchase 1 or more firearms but are ineligible to
purchase firearms by reason of section 922(g) of title 18, United
States Code. In conducting the study, the Attorney General shall
consult with the Secretary of the Treasury, other Federal, State,
and local law enforcement officials with expertise in the area, and
other experts. Such study shall be completed within 18 months after
the date of the enactment of this Act [Nov. 18, 1988] and shall be
submitted to the Congress and made available to the public. Such
study may include, if appropriate, recommendations for legislation.
"(d) Definitions. - As used in this section, the terms 'firearm'
and 'dealer' shall have the meanings given such terms in section
921(a) of title 18, United States Code."
STUDIES TO IDENTIFY EQUIPMENT CAPABLE OF DISTINGUISHING SECURITY
EXEMPLAR FROM OTHER METAL OBJECTS LIKELY TO BE CARRIED ON ONE'S
PERSON
Section 2(e) of Pub. L. 100-649 provided that: "The Attorney
General, the Secretary of the Treasury, and the Secretary of
Transportation shall each conduct studies to identify available
state-of-the-art equipment capable of detecting the Security
Exemplar (as defined in section 922(p)(2)(C) of title 18, United
States Code) and distinguishing the Security Exemplar from
innocuous metal objects likely to be carried on one's person. Such
studies shall be completed within 6 months after the date of the
enactment of this Act [Nov. 10, 1988] and shall include a schedule
providing for the installation of such equipment at the earliest
practicable time at security checkpoints maintained or regulated by
the agency conducting the study. Such equipment shall be installed
in accordance with each schedule. In addition, such studies may
include recommendations, where appropriate, concerning the use of
secondary security equipment and procedures to enhance detection
capability at security checkpoints."
(!1) So in original. Probably should be followed with "and".
(!2) So in original. The word "who" probably should not appear.
(!3) So in original. Probably should be followed by "of".
(!4) See References in Text note below.