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

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

    (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.)


-STATAMEND-
                           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    subsection (p) of this section is repealed.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.

-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. 112-55, div. B, title V, Sec. 511, Nov. 18, 2011, 125
    Stat. 632, provided that: "Hereafter, none of the funds
    appropriated pursuant to this Act [div. B of Pub. L. 112-55, see
    Tables for classification] or any other provision of law may be
    used for - 
        "(1) the implementation of any tax or fee in connection with
      the implementation of subsection [sic] 922(t) of title 18, United
      States Code; and
        "(2) any system to implement subsection [sic] 922(t) of title
      18, United States Code, that does not require and result in the
      destruction of any identifying information submitted by or on
      behalf of any person who has been determined not to be prohibited
      from possessing or receiving a firearm no more than 24 hours
      after the system advises a Federal firearms licensee that
      possession or receipt of a firearm by the prospective transferee
      would not violate subsection (g) or (n) of section 922 of title
      18, United States Code, or State law."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 106-58, title VI, Sec. 634, Sept. 29, 1999, 113 Stat.
    473.
      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         
      Pub. L. 110-180, Jan. 8, 2008, 121 Stat. 2559, provided that:

      "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
      "(a) Short Tile [sic]. - This Act may be cited as the 'NICS
    Improvement Amendments Act of 2007'.
      "(b) Table of Contents. - [Omitted.]

      "SEC. 2. FINDINGS.
      "Congress finds the following:
        "(1) Approximately 916,000 individuals were prohibited from
      purchasing a firearm for failing a background check between
      November 30, 1998, (the date the National Instant Criminal
      Background Check System (NICS) began operating) and December 31,
      2004.
        "(2) From November 30, 1998, through December 31, 2004, nearly
      49,000,000 Brady background checks were processed through NICS.
        "(3) Although most Brady background checks are processed
      through NICS in seconds, many background checks are delayed if
      the Federal Bureau of Investigation (FBI) does not have automated
      access to complete information from the States concerning persons
      prohibited from possessing or receiving a firearm under Federal
      or State law.
        "(4) Nearly 21,000,000 criminal records are not accessible by
      NICS and millions of criminal records are missing critical data,
      such as arrest dispositions, due to data backlogs.
        "(5) The primary cause of delay in NICS background checks is
      the lack of - 
          "(A) updates and available State criminal disposition
        records; and
          "(B) automated access to information concerning persons
        prohibited from possessing or receiving a firearm because of
        mental illness, restraining orders, or misdemeanor convictions
        for domestic violence.
        "(6) Automated access to this information can be improved by - 
          "(A) computerizing information relating to criminal history,
        criminal dispositions, mental illness, restraining orders, and
        misdemeanor convictions for domestic violence; or
          "(B) making such information available to NICS in a usable
        format.
        "(7) Helping States to automate these records will reduce
      delays for law-abiding gun purchasers.
        "(8) On March 12, 2002, the senseless shooting, which took the
      lives of a priest and a parishioner at the Our Lady of Peace
      Church in Lynbrook, New York, brought attention to the need to
      improve information-sharing that would enable Federal and State
      law enforcement agencies to conduct a complete background check
      on a potential firearm purchaser. The man who committed this
      double murder had a prior disqualifying mental health commitment
      and a restraining order against him, but passed a Brady
      background check because NICS did not have the necessary
      information to determine that he was ineligible to purchase a
      firearm under Federal or State law.
        "(9) On April 16, 2007, a student with a history of mental
      illness at the Virginia Polytechnic Institute and State
      University shot to death 32 students and faculty members, wounded
      17 more, and then took his own life. The shooting, the deadliest
      campus shooting in United States history, renewed the need to
      improve information-sharing that would enable Federal and State
      law enforcement agencies to conduct complete background checks on
      potential firearms purchasers. In spite of a proven history of
      mental illness, the shooter was able to purchase the two firearms
      used in the shooting. Improved coordination between State and
      Federal authorities could have ensured that the shooter's
      disqualifying mental health information was available to NICS.

      "SEC. 3. DEFINITIONS.
      "As used in this Act, the following definitions shall apply:
        "(1) Court order. - The term 'court order' includes a court
      order (as described in section 922(g)(8) of title 18, United
      States Code).
        "(2) Mental health terms. - The terms 'adjudicated as a mental
      defective' and 'committed to a mental institution' have the same
      meanings as in section 922(g)(4) of title 18, United States Code.
        "(3) Misdemeanor crime of domestic violence. - The term
      'misdemeanor crime of domestic violence' has the meaning given
      the term in section 921(a)(33) of title 18, United States Code.

                     "TITLE I - TRANSMITTAL OF RECORDS                 

      "SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS
        AND AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL
        INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
      "(a) In General. - [Amended section 103 of Pub. L. 103-159, set
    out below.]
      "(b) Provision and Maintenance of NICS Records. - 
        "(1) Department of homeland security. - The Secretary of
      Homeland Security shall make available to the Attorney General - 
          "(A) records, updated not less than quarterly, which are
        relevant to a determination of whether a person is disqualified
        from possessing or receiving a firearm under subsection (g) or
        (n) of section 922 of title 18, United States Code, for use in
        background checks performed by the National Instant Criminal
        Background Check System; and
          "(B) information regarding all the persons described in
        subparagraph (A) of this paragraph who have changed their
        status to a category not identified under section 922(g)(5) of
        title 18, United States Code, for removal, when applicable,
        from the National Instant Criminal Background Check System.
        "(2) Department of justice. - The Attorney General shall - 
          "(A) ensure that any information submitted to, or maintained
        by, the Attorney General under this section is kept accurate
        and confidential, as required by the laws, regulations,
        policies, or procedures governing the applicable record system;
          "(B) provide for the timely removal and destruction of
        obsolete and erroneous names and information from the National
        Instant Criminal Background Check System; and
          "(C) work with States to encourage the development of
        computer systems, which would permit electronic notification to
        the Attorney General when - 
            "(i) a court order has been issued, lifted, or otherwise
          removed by order of the court; or
            "(ii) a person has been adjudicated as a mental defective
          or committed to a mental institution.
      "(c) Standard for Adjudications and Commitments Related to Mental
    Health. - 
        "(1) In general. - No department or agency of the Federal
      Government may provide to the Attorney General any record of an
      adjudication related to the mental health of a person or any
      commitment of a person to a mental institution if - 
          "(A) the adjudication or commitment, respectively, has been
        set aside or expunged, or the person has otherwise been fully
        released or discharged from all mandatory treatment,
        supervision, or monitoring;
          "(B) the person has been found by a court, board, commission,
        or other lawful authority to no longer suffer from the mental
        health condition that was the basis of the adjudication or
        commitment, respectively, or has otherwise been found to be
        rehabilitated through any procedure available under law; or
          "(C) the adjudication or commitment, respectively, is based
        solely on a medical finding of disability, without an
        opportunity for a hearing by a court, board, commission, or
        other lawful authority, and the person has not been adjudicated
        as a mental defective consistent with section 922(g)(4) of
        title 18, United States Code, except that nothing in this
        section or any other provision of law shall prevent a Federal
        department or agency from providing to the Attorney General any
        record demonstrating that a person was adjudicated to be not
        guilty by reason of insanity, or based on lack of mental
        responsibility, or found incompetent to stand trial, in any
        criminal case or under the Uniform Code of Military Justice.
        "(2) Treatment of certain adjudications and commitments. - 
          "(A) Program for relief from disabilities. - 
            "(i) In general. - Each department or agency of the United
          States that makes any adjudication related to the mental
          health of a person or imposes any commitment to a mental
          institution, as described in subsection (d)(4) and (g)(4) of
          section 922 of title 18, United States Code, shall establish,
          not later than 120 days after the date of enactment of this
          Act [Jan. 8, 2008], a program that permits such a person to
          apply for relief from the disabilities imposed by such
          subsections.
            "(ii) Process. - Each application for relief submitted
          under the program required by this subparagraph shall be
          processed not later than 365 days after the receipt of the
          application. If a Federal department or agency fails to
          resolve an application for relief within 365 days for any
          reason, including a lack of appropriated funds, the
          department or agency shall be deemed for all purposes to have
          denied such request for relief without cause. Judicial review
          of any petitions brought under this clause shall be de novo.
            "(iii) Judicial review. - Relief and judicial review with
          respect to the program required by this subparagraph shall be
          available according to the standards prescribed in section
          925(c) of title 18, United States Code. If the denial of a
          petition for relief has been reversed after such judicial
          review, the court shall award the prevailing party, other
          than the United States, a reasonable attorney's fee for any
          and all proceedings in relation to attaining such relief, and
          the United States shall be liable for such fee. Such fee
          shall be based upon the prevailing rates awarded to public
          interest legal aid organizations in the relevant community.
          "(B) Relief from disabilities. - In the case of an
        adjudication related to the mental health of a person or a
        commitment of a person to a mental institution, a record of
        which may not be provided to the Attorney General under
        paragraph (1), including because of the absence of a finding
        described in subparagraph (C) of such paragraph, or from which
        a person has been granted relief under a program established
        under subparagraph (A) or (B), or because of a removal of a
        record under section 103(e)(1)(D) of the Brady Handgun Violence
        Prevention Act [Pub. L. 103-159, set out below], the
        adjudication or commitment, respectively, shall be deemed not
        to have occurred for purposes of subsections (d)(4) and (g)(4)
        of section 922 of title 18, United States Code. Any Federal
        agency that grants a person relief from disabilities under this
        subparagraph shall notify such person that the person is no
        longer prohibited under 922(d)(4) or 922(g)(4) of title 18,
        United States Code, on account of the relieved disability for
        which relief was granted pursuant to a proceeding conducted
        under this subparagraph, with respect to the acquisition,
        receipt, transfer, shipment, transportation, or possession of
        firearms.
        "(3) Notice requirement. - Effective 30 days after the date of
      enactment of this Act, any Federal department or agency that
      conducts proceedings to adjudicate a person as a mental defective
      under 922(d)(4) or 922(g)(4) of title 18, United States Code,
      shall provide both oral and written notice to the individual at
      the commencement of the adjudication process including - 
          "(A) notice that should the agency adjudicate the person as a
        mental defective, or should the person be committed to a mental
        institution, such adjudication, when final, or such commitment,
        will prohibit the individual from purchasing, possessing,
        receiving, shipping or transporting a firearm or ammunition
        under section 922(d)(4) or section 922(g)(4) of title 18,
        United States Code;
          "(B) information about the penalties imposed for unlawful
        possession, receipt, shipment or transportation of a firearm
        under section 924(a)(2) of title 18, United States Code; and
          "(C) information about the availability of relief from the
        disabilities imposed by Federal laws with respect to the
        acquisition, receipt, transfer, shipment, transportation, or
        possession of firearms.
        "(4) Effective date. - Except for paragraph (3), this
      subsection shall apply to names and other information provided
      before, on, or after the date of enactment of this Act. Any name
      or information provided in violation of this subsection (other
      than in violation of paragraph (3)) before, on, or after such
      date shall be removed from the National Instant Criminal
      Background Check System.

      "SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.
      "(a) In General. - Beginning 3 years after the date of the
    enactment of this Act [Jan. 8, 2008], a State shall be eligible to
    receive a waiver of the 10 percent matching requirement for
    National Criminal History Improvement Grants under the Crime
    Identification Technology Act of 1988 [1998] (42 U.S.C. 14601 [et
    seq.]) if the State provides at least 90 percent of the information
    described in subsection (c). The length of such a waiver shall not
    exceed 2 years.
      "(b) State Estimates. - 
        "(1) Initial state estimate. - 
          "(A) In general. - To assist the Attorney General in making a
        determination under subsection (a) of this section, and under
        section 104, concerning the compliance of the States in
        providing information to the Attorney General for the purpose
        of receiving a waiver under subsection (a) of this section, or
        facing a loss of funds under section 104, by a date not later
        than 180 days after the date of the enactment of this Act [Jan.
        8, 2008], each State shall provide the Attorney General with a
        reasonable estimate, as calculated by a method determined by
        the Attorney General and in accordance with section 104(d), of
        the number of the records described in subparagraph (C)
        applicable to such State that concern persons who are
        prohibited from possessing or receiving a firearm under
        subsection (g) or (n) of section 922 of title 18, United States
        Code.
          "(B) Failure to provide initial estimate. - A State that
        fails to provide an estimate described in subparagraph (A) by
        the date required under such subparagraph shall be ineligible
        to receive any funds under section 103, until such date as it
        provides such estimate to the Attorney General.
          "(C) Record defined. - For purposes of subparagraph (A), a
        record is the following:
            "(i) A record that identifies a person who has been
          convicted in any court of a crime punishable by imprisonment
          for a term exceeding 1 year.
            "(ii) A record that identifies a person for whom an
          indictment has been returned for a crime punishable by
          imprisonment for a term exceeding 1 year that is valid under
          the laws of the State involved or who is a fugitive from
          justice, as of the date of the estimate, and for which a
          record of final disposition is not available.
            "(iii) A record that identifies a person who is an unlawful
          user of, or addicted to a controlled substance (as such terms
          'unlawful user' and 'addicted' are respectively defined in
          regulations implementing section 922(g)(3) of title 18,
          United States Code, as in effect on the date of the enactment
          of this Act) as demonstrated by arrests, convictions, and
          adjudications, and whose record is not protected from
          disclosure to the Attorney General under any provision of
          State or Federal law.
            "(iv) A record that identifies a person who has been
          adjudicated as a mental defective or committed to a mental
          institution, consistent with section 922(g)(4) of title 18,
          United States Code, and whose record is not protected from
          disclosure to the Attorney General under any provision of
          State or Federal law.
            "(v) A record that is electronically available and that
          identifies a person who, as of the date of such estimate, is
          subject to a court order described in section 922(g)(8) of
          title 18, United States Code.
            "(vi) A record that is electronically available and that
          identifies a person convicted in any court of a misdemeanor
          crime of domestic violence, as defined in section 921(a)(33)
          of title 18, United States Code.
        "(2) Scope. - The Attorney General, in determining the
      compliance of a State under this section or section 104 for the
      purpose of granting a waiver or imposing a loss of Federal funds,
      shall assess the total percentage of records provided by the
      State concerning any event occurring within the prior 20 years,
      which would disqualify a person from possessing a firearm under
      subsection (g) or (n) of section 922 of title 18, United States
      Code.
        "(3) Clarification. - Notwithstanding paragraph (2), States
      shall endeavor to provide the National Instant Criminal
      Background Check System with all records concerning persons who
      are prohibited from possessing or receiving a firearm under
      subsection (g) or (n) of section 922 of title 18, United States
      Code, regardless of the elapsed time since the disqualifying
      event.
      "(c) Eligibility of State Records for Submission to the National
    Instant Criminal Background Check System. - 
        "(1) Requirements for eligibility. - 
          "(A) In general. - From the information collected by a State,
        the State shall make electronically available to the Attorney
        General records relevant to a determination of whether a person
        is disqualified from possessing or receiving a firearm under
        subsection (g) or (n) of section 922 of title 18, United States
        Code, or applicable State law.
          "(B) NICS updates. - The State, on being made aware that the
        basis under which a record was made available under
        subparagraph (A) does not apply, or no longer applies, shall,
        as soon as practicable - 
            "(i) update, correct, modify, or remove the record from any
          database that the Federal or State government maintains and
          makes available to the National Instant Criminal Background
          Check System, consistent with the rules pertaining to that
          database; and
            "(ii) notify the Attorney General that such basis no longer
          applies so that the record system in which the record is
          maintained is kept up to date.
      The Attorney General upon receiving notice pursuant to clause
      (ii) shall ensure that the record in the National Instant
      Criminal Background Check System is updated, corrected, modified,
      or removed within 30 days of receipt.
          "(C) Certification. - To remain eligible for a waiver under
        subsection (a), a State shall certify to the Attorney General,
        not less than once during each 2-year period, that at least 90
        percent of all records described in subparagraph (A) has been
        made electronically available to the Attorney General in
        accordance with subparagraph (A).
          "(D) Inclusion of all records. - For purposes of this
        paragraph, a State shall identify and include all of the
        records described under subparagraph (A) without regard to the
        age of the record.
        "(2) Application to persons convicted of misdemeanor crimes of
      domestic violence. - The State shall make available to the
      Attorney General, for use by the National Instant Criminal
      Background Check System, records relevant to a determination of
      whether a person has been convicted in any court of a misdemeanor
      crime of domestic violence. With respect to records relating to
      such crimes, the State shall provide information specifically
      describing the offense and the specific section or subsection of
      the offense for which the defendant has been convicted and the
      relationship of the defendant to the victim in each case.
        "(3) Application to persons who have been adjudicated as a
      mental defective or committed to a mental institution. - The
      State shall make available to the Attorney General, for use by
      the National Instant Criminal Background Check System, the name
      and other relevant identifying information of persons adjudicated
      as a mental defective or those committed to mental institutions
      to assist the Attorney General in enforcing section 922(g)(4) of
      title 18, United States Code.
      "(d) Privacy Protections. - For any information provided to the
    Attorney General for use by the National Instant Criminal
    Background Check System, relating to persons prohibited from
    possessing or receiving a firearm under section 922(g)(4) of title
    18, United States Code, the Attorney General shall work with States
    and local law enforcement and the mental health community to
    establish regulations and protocols for protecting the privacy of
    information provided to the system. The Attorney General shall make
    every effort to meet with any mental health group seeking to
    express its views concerning these regulations and protocols and
    shall seek to develop regulations as expeditiously as practicable.
      "(e) Attorney General Report. - Not later than January 31 of each
    year, the Attorney General shall submit to the Committee on the
    Judiciary of the Senate and the Committee on the Judiciary of the
    House of Representatives a report on the progress of States in
    automating the databases containing the information described in
    subsection (b) and in making that information electronically
    available to the Attorney General pursuant to the requirements of
    subsection (c).

      "SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES.
      "(a) Authorization. - 
        "(1) In general. - From amounts made available to carry out
      this section and subject to section 102(b)(1)(B), the Attorney
      General shall make grants to States and Indian tribal
      governments, in a manner consistent with the National Criminal
      History Improvement Program, which shall be used by the States
      and Indian tribal governments, in conjunction with units of local
      government and State and local courts, to establish or upgrade
      information and identification technologies for firearms
      eligibility determinations. Not less than 3 percent, and no more
      than 10 percent of each grant under this paragraph shall be used
      to maintain the relief from disabilities program in accordance
      with section 105.
        "(2) Grants to indian tribes. - Up to 5 percent of the grant
      funding available under this section may be reserved for Indian
      tribal governments, including tribal judicial systems.
      "(b) Use of Grant Amounts. - Grants awarded to States or Indian
    tribes under this section may only be used to - 
        "(1) create electronic systems, which provide accurate and up-
      to-date information which is directly related to checks under
      the National Instant Criminal Background Check System (referred
      to in this section as 'NICS'), including court disposition and
      corrections records;
        "(2) assist States in establishing or enhancing their own
      capacities to perform NICS background checks;
        "(3) supply accurate and timely information to the Attorney
      General concerning final dispositions of criminal records to
      databases accessed by NICS;
        "(4) supply accurate and timely information to the Attorney
      General concerning the identity of persons who are prohibited
      from obtaining a firearm under section 922(g)(4) of title 18,
      United States Code, to be used by the Federal Bureau of
      Investigation solely to conduct NICS background checks;
        "(5) supply accurate and timely court orders and records of
      misdemeanor crimes of domestic violence for inclusion in Federal
      and State law enforcement databases used to conduct NICS
      background checks;
        "(6) collect and analyze data needed to demonstrate levels of
      State compliance with this Act; and
        "(7) maintain the relief from disabilities program in
      accordance with section 105, but not less than 3 percent, and no
      more than 10 percent of each grant shall be used for this
      purpose.
      "(c) Eligibility. - To be eligible for a grant under this
    section, a State shall certify, to the satisfaction of the Attorney
    General, that the State has implemented a relief from disabilities
    program in accordance with section 105.
      "(d) Condition. - As a condition of receiving a grant under this
    section, a State shall specify the projects for which grant amounts
    will be used, and shall use such amounts only as specified. A State
    that violates this subsection shall be liable to the Attorney
    General for the full amount of the grant received under this
    section.
      "(e) Authorization of Appropriations. - 
        "(1) In general. - There are authorized to be appropriated to
      carry out this section $125,000,000 for fiscal year 2009,
      $250,000,000 for fiscal year 2010, $250,000,000 for fiscal year
      2011, $125,000,000 for fiscal year 2012, and $125,000,000 for
      fiscal year 2013.
        "(2) Allocations. - For fiscal years 2009 and 2010, the
      Attorney General shall endeavor to allocate at least  1/2  of the
      authorized appropriations to those States providing more than 50
      percent of the records required to be provided under sections 102
      and 103. For fiscal years 2011, 2012, and 2013, the Attorney
      General shall endeavor to allocate at least  1/2  of the
      authorized appropriations to those States providing more than 70
      percent of the records required to be provided under section 102
      and 103. The allocations in this paragraph shall be subject to
      the discretion of the Attorney General, who shall have the
      authority to make adjustments to the distribution of the
      authorized appropriations as necessary to maximize incentives for
      State compliance.
      "(f) User Fee. - The Federal Bureau of Investigation shall not
    charge a user fee for background checks pursuant to section 922(t)
    of title 18, United States Code.

      "SEC. 104. PENALTIES FOR NONCOMPLIANCE.
      "(a) Attorney General Report. - 
        "(1) In general. - Not later than January 31 of each year, the
      Attorney General shall submit to the Committee on the Judiciary
      of the Senate and the Committee on the Judiciary of the House of
      Representatives a report on the progress of the States in
      automating the databases containing information described under
      sections 102 and 103, and in providing that information pursuant
      to the requirements of sections 102 and 103.
        "(2) Authorization of appropriations. - There are authorized to
      be appropriated to the Department of Justice, such funds as may
      be necessary to carry out paragraph (1).
      "(b) Penalties. - 
        "(1) Discretionary reduction. - 
          "(A) During the 2-year period beginning 3 years after the
        date of enactment of this Act [Jan. 8, 2008], the Attorney
        General may withhold not more than 3 percent of the amount that
        would otherwise be allocated to a State under section 505 of
        the Omnibus Crime Control and Safe Streets Act of 1968 (42
        U.S.C. 3755) if the State provides less than 50 percent of the
        records required to be provided under sections 102 and 103.
          "(B) During the 5-year period after the expiration of the
        period referred to in subparagraph (A), the Attorney General
        may withhold not more than 4 percent of the amount that would
        otherwise be allocated to a State under section 505 of the
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
        3755) if the State provides less than 70 percent of the records
        required to be provided under sections 102 and 103.
        "(2) Mandatory reduction. - After the expiration of the periods
      referred to in paragraph (1), the Attorney General shall withhold
      5 percent of the amount that would otherwise be allocated to a
      State under section 505 of the Omnibus Crime Control and Safe
      Streets Act of 1968 (42 U.S.C. 3755), if the State provides less
      than 90 percent of the records required to be provided under
      sections 102 and 103.
        "(3) Waiver by attorney general. - The Attorney General may
      waive the applicability of paragraph (2) to a State if the State
      provides substantial evidence, as determined by the Attorney
      General, that the State is making a reasonable effort to comply
      with the requirements of sections 102 and 103, including an
      inability to comply due to court order or other legal
      restriction.
      "(c) Reallocation. - Any funds that are not allocated to a State
    because of the failure of the State to comply with the requirements
    of this Act shall be reallocated to States that meet such
    requirements.
      "(d) Methodology. - The method established to calculate the
    number of records to be reported, as set forth in section
    102(b)(1)(A), and State compliance with the required level of
    reporting under sections 102 and 103 shall be determined by the
    Attorney General. The Attorney General shall calculate the
    methodology based on the total number of records to be reported
    from all subcategories of records, as described in section
    102(b)(1)(C).

      "SEC. 105. RELIEF FROM DISABILITIES PROGRAM REQUIRED AS CONDITION
        FOR PARTICIPATION IN GRANT PROGRAMS.
      "(a) Program Described. - A relief from disabilities program is
    implemented by a State in accordance with this section if the
    program - 
        "(1) permits a person who, pursuant to State law, has been
      adjudicated as described in subsection (g)(4) of section 922 of
      title 18, United States Code, or has been committed to a mental
      institution, to apply to the State for relief from the
      disabilities imposed by subsections (d)(4) and (g)(4) of such
      section by reason of the adjudication or commitment;
        "(2) provides that a State court, board, commission, or other
      lawful authority shall grant the relief, pursuant to State law
      and in accordance with the principles of due process, if the
      circumstances regarding the disabilities referred to in paragraph
      (1), and the person's record and reputation, are such that the
      person will not be likely to act in a manner dangerous to public
      safety and that the granting of the relief would not be contrary
      to the public interest; and
        "(3) permits a person whose application for the relief is
      denied to file a petition with the State court of appropriate
      jurisdiction for a de novo judicial review of the denial.
      "(b) Authority To Provide Relief From Certain Disabilities With
    Respect to Firearms. - If, under a State relief from disabilities
    program implemented in accordance with this section, an application
    for relief referred to in subsection (a)(1) of this section is
    granted with respect to an adjudication or a commitment to a mental
    institution or based upon a removal of a record under section
    102(c)(1)(B), the adjudication or commitment, as the case may be,
    is deemed not to have occurred for purposes of subsections (d)(4)
    and (g)(4) of section 922 of title 18, United States Code.

      "SEC. 106. ILLEGAL IMMIGRANT GUN PURCHASE NOTIFICATION.
      "(a) In General. - Notwithstanding any other provision of law or
    of this Act, all records obtained by the National Instant Criminal
    Background Check system relevant to whether an individual is
    prohibited from possessing a firearm because such person is an
    alien illegally or unlawfully in the United States shall be made
    available to U.S. Immigration and Customs Enforcement.
      "(b) Regulations. - The Attorney General, at his or her
    discretion, shall promulgate guidelines relevant to what records
    relevant to illegal aliens shall be provided pursuant to the
    provisions of this Act.

       "TITLE II - FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF
                             RELEVANT RECORDS

      "SEC. 201. CONTINUING EVALUATIONS.
      "(a) Evaluation Required. - The Director of the Bureau of Justice
    Statistics (referred to in this section as the 'Director') shall
    study and evaluate the operations of the National Instant Criminal
    Background Check System. Such study and evaluation shall include
    compilations and analyses of the operations and record systems of
    the agencies and organizations necessary to support such System.
      "(b) Report on Grants. - Not later than January 31 of each year,
    the Director shall submit to Congress a report containing the
    estimates submitted by the States under section 102(b).
      "(c) Report on Best Practices. - Not later than January 31 of
    each year, the Director shall submit to Congress, and to each State
    participating in the National Criminal History Improvement Program,
    a report of the practices of the States regarding the collection,
    maintenance, automation, and transmittal of information relevant to
    determining whether a person is prohibited from possessing or
    receiving a firearm by Federal or State law, by the State or any
    other agency, or any other records relevant to the National Instant
    Criminal Background Check System, that the Director considers to be
    best practices.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as may be necessary for each of the
    fiscal years 2009 through 2013 to complete the studies,
    evaluations, and reports required under this section.

     "TITLE III - GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN
             AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS

      "SEC. 301. DISPOSITION RECORDS AUTOMATION AND TRANSMITTAL
        IMPROVEMENT GRANTS.
      "(a) Grants Authorized. - From amounts made available to carry
    out this section, the Attorney General shall make grants to each
    State, consistent with State plans for the integration, automation,
    and accessibility of criminal history records, for use by the State
    court system to improve the automation and transmittal of criminal
    history dispositions, records relevant to determining whether a
    person has been convicted of a misdemeanor crime of domestic
    violence, court orders, and mental health adjudications or
    commitments, to Federal and State record repositories in accordance
    with sections 102 and 103 and the National Criminal History
    Improvement Program.
      "(b) Grants to Indian Tribes. - Up to 5 percent of the grant
    funding available under this section may be reserved for Indian
    tribal governments for use by Indian tribal judicial systems.
      "(c) Use of Funds. - Amounts granted under this section shall be
    used by the State court system only - 
        "(1) to carry out, as necessary, assessments of the
      capabilities of the courts of the State for the automation and
      transmission of arrest and conviction records, court orders, and
      mental health adjudications or commitments to Federal and State
      record repositories; and
        "(2) to implement policies, systems, and procedures for the
      automation and transmission of arrest and conviction records,
      court orders, and mental health adjudications or commitments to
      Federal and State record repositories.
      "(d) Eligibility. - To be eligible to receive a grant under this
    section, a State shall certify, to the satisfaction of the Attorney
    General, that the State has implemented a relief from disabilities
    program in accordance with section 105.
      "(e) Authorization of Appropriations. - There are authorized to
    be appropriated to the Attorney General to carry out this section
    $62,500,000 for fiscal year 2009, $125,000,000 for fiscal year
    2010, $125,000,000 for fiscal year 2011, $62,500,000 for fiscal
    year 2012, and $62,500,000 for fiscal year 2013.

                           "TITLE IV - GAO AUDIT                       

      "SEC. 401. GAO AUDIT.
      "(a) In General. - The Comptroller General of the United States
    shall conduct an audit of the expenditure of all funds appropriated
    for criminal records improvement pursuant to section 106(b) of the
    Brady Handgun Violence Prevention Act (Public Law 103-159) [set out
    below] to determine if the funds were expended for the purposes
    authorized by the Act and how those funds were expended for those
    purposes or were otherwise expended.
      "(b) Report. - Not later than 6 months after the date of
    enactment of this Act [Jan. 8, 2008], the Comptroller General shall
    submit a report to Congress describing the findings of the audit
    conducted pursuant to subsection (a)."
      Pub. L. 103-159, title I, Sec. 103, Nov. 30, 1993, 107 Stat.
    1541, 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; Pub. L. 110-180,
    title I, Sec. 101(a), Jan. 8, 2008, 121 Stat. 2561, 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. - 
          "(A) In general. - 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.
          "(B) Request of attorney general. - On request of the
        Attorney General, the head of such department or agency shall
        furnish electronic versions of the information described under
        subparagraph (A) to the system.
          "(C) Quarterly submission to attorney general. - If a Federal
        department or agency under subparagraph (A) has any record of
        any person demonstrating that the person falls within one of
        the categories described in subsection (g) or (n) of section
        922 of title 18, United States Code, the head of such
        department or agency shall, not less frequently than quarterly,
        provide the pertinent information contained in such record to
        the Attorney General.
          "(D) Information updates. - The Federal department or agency,
        on being made aware that the basis under which a record was
        made available under subparagraph (A) does not apply, or no
        longer applies, shall - 
            "(i) update, correct, modify, or remove the record from any
          database that the agency maintains and makes available to the
          Attorney General, in accordance with the rules pertaining to
          that database; and
            "(ii) notify the Attorney General that such basis no longer
          applies so that the National Instant Criminal Background
          Check System is kept up to date.
      The Attorney General upon receiving notice pursuant to clause
      (ii) shall ensure that the record in the National Instant
      Criminal Background Check System is updated, corrected, modified,
      or removed within 30 days of receipt.
          "(E) Annual report. - The Attorney General shall submit an
        annual report to Congress that describes the compliance of each
        department or agency with the provisions of this paragraph.
        "(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."

               

    (footnote 1) So in original. Probably should be followed with "and".

    (footnote 2) So in original. The word "who" probably should not appear.

    (footnote 3) So in original. Probably should be followed by "of".

    (footnote 4) See References in Text note below.