Notes on 18 U.S.C. § 923 : US Code - Notes

Search Notes on 18 U.S.C. § 923 : US Code - Notes

(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
231; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1221; Pub. L. 92-377, title I, Sec. 165(b), Dec. 21, 1982, 96
Stat. 1923; Pub. L. 99-308, Sec. 103, May 19, 1986, 100 Stat. 453;
Pub. L. 99-360, Sec. 1(c), July 8, 1986, 100 Stat. 766; Pub. L. 99-
408, Secs. 3-7, Aug. 28, 1986, 100 Stat. 921; Pub. L. 100-690,
title VII, Sec. 7060(d), Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101-
647, title XXII, Sec. 2203(a), title XXXV, Sec. 3525, Nov. 29,
1990, 104 Stat. 4857, 4924; Pub. L. 101-650, title III, Sec. 321,
Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-159, title II, Sec. 201,
title III, Sec. 303, Nov. 30, 1993, 107 Stat. 1544, 1545; Pub. L.
103-322, title XI, Secs. 110102(d), 110103(d), 110105(2),
110301(a), 110302-110307, title XXXIII, Sec. 330011(i), Sept. 13,
1994, 108 Stat. 1998-2000, 2012-2014, 2145; Pub. L. 104-208, div.
A, title I, Sec. 101(f) [title I, Sec. 118], Sept. 30, 1996, 110
Stat. 3009-314, 3009-326; Pub. L. 104-294, title VI, Sec.
603(j)(1), (k), (l), Oct. 11, 1996, 110 Stat. 3504, 3505; Pub. L.
105-277, div. A, Sec. 101(b) [title I, Sec. 119(b), (c)], Oct. 21,
1998, 112 Stat. 2681-50, 2681-69; Pub. L. 107-296, title XI, Sec.
1112(f)(5), (6), Nov. 25, 2002, 116 Stat. 2276.)
REFERENCES IN TEXT
The effective date of this subparagraph, referred to in subsec.
(g)(3)(B), is the date of enactment of Pub. L. 103-159, which was
approved Nov. 30, 1993.
The date of the enactment of the Firearms Owners' Protection Act,
referred to in subsec. (j), is the date of enactment of Pub. L. 99-
308, which was approved May 19, 1986.
AMENDMENTS
2002 - Subsecs. (a) to (g), (i) to (k). Pub. L. 107-296, Sec.
1112(f)(6), substituted "Attorney General" for "Secretary" wherever
appearing.
Subsec. (l). Pub. L. 107-296, Sec. 1112(f)(5), substituted
"Attorney General" for "Secretary of the Treasury".
1998 - Subsec. (d)(1)(G). Pub. L. 105-277, Sec. 101(b) [title I,
Sec. 119(b)], added subpar. (G).
Subsec. (e). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 119(c)],
inserted before period at end of first sentence "or fails to have
secure gun storage or safety devices available at any place in
which firearms are sold under the license to persons who are not
licensees (except that in any case in which a secure gun storage or
safety device is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, the dealer shall
not be considered to be in violation of the requirement to make
available such a device)".
1996 - Subsec. (g)(1)(B)(ii). Pub. L. 104-294, Sec. 603(k),
substituted "; or" for period at end of subcl. (II) and realigned
margins.
Subsec. (g)(3)(A). Pub. L. 104-294, Sec. 603(j)(1), amended
directory language of Pub. L. 103-159, Sec. 201(1). See 1993
Amendment note below.
Subsec. (j). Pub. L. 104-208 substituted for period at end ",
including the right of a licensee to conduct 'curios or relics'
firearms transfers and business away from their business premises
with another licensee without regard as to whether the location of
where the business is conducted is located in the State specified
on the license of either licensee."
Subsec. (l). Pub. L. 104-294, Sec. 603(l), redesignated last
subsec. as subsec. (l) and realigned margins.
1994 - Subsec. (a). Pub. L. 103-322, Sec. 110301(a), inserted
"and shall include a photograph and fingerprints of the applicant"
after "regulation prescribe" in introductory provisions.
Subsec. (a)(3)(B). Pub. L. 103-322, Sec. 330011(i), amended
directory language of Pub. L. 101-647, Sec. 3525. See 1990
Amendment note below.
Subsec. (d)(1)(F). Pub. L. 103-322, Sec. 110302, added subpar.
(F).
Subsec. (d)(2). Pub. L. 103-322, Sec. 110303, substituted "60-day
period" for "forty-five-day period".
Subsec. (g)(1)(B)(ii). Pub. L. 103-322, Sec. 110304, amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: "for
ensuring compliance with the record keeping requirements of this
chapter not more than once during any twelve-month period; or".
Subsec. (g)(6). Pub. L. 103-322, Sec. 110305, added par. (6).
Subsec. (g)(7). Pub. L. 103-322, Sec. 110306, added par. (7).
Subsec. (i). Pub. L. 103-322, Sec. 110103(d), which inserted at
end "A large capacity ammunition feeding device manufactured after
the date of the enactment of this sentence shall be identified by a
serial number that clearly shows that the device was manufactured
or imported after the effective date of this subsection, and such
other identification as the Secretary may by regulation
prescribe.", was repealed by Pub. L. 103-322, Sec. 110105(2). See
Effective and Termination Dates of 1994 Amendment note below.
Pub. L. 103-322, Sec. 110102(d), which inserted penultimate
sentence which read as follows: "The serial number of any
semiautomatic assault weapon manufactured after the date of the
enactment of this sentence shall clearly show the date on which the
weapon was manufactured.", was repealed by Pub. L. 103-322, Sec.
110105(2). See Effective and Termination Dates of 1994 Amendment
note below.
Subsec. (l). Pub. L. 103-322, Sec. 110307, which directed the
amendment of this section by adding subsec. (1) at end, was
executed by adding subsec. (l) at end to reflect the probable
intent of Congress.
1993 - Subsec. (a)(3)(A). Pub. L. 103-159, Sec. 303(1), inserted
"or" at end of subpar. (A).
Subsec. (a)(3)(B). Pub. L. 103-159, Sec. 303(2), (3), substituted
"who is not a dealer in destructive devices, a fee of $200 for 3
years, except that the fee for renewal of a valid license shall be
$90 for 3 years." for "who is a pawnbroker dealing in firearms
other than destructive devices, a fee of $25 per year; or".
Subsec. (a)(3)(C). Pub. L. 103-159, Sec. 303(4), struck out
subpar. (C) which read as follows: "who is not a dealer in
destructive devices or a pawnbroker, a fee of $10 per year."
Subsec. (g)(3). Pub. L. 103-159, Sec. 201, as amended by Pub. L.
104-294, Sec. 603(j)(1), designated existing provisions as subpar.
(A), inserted "and to the department of State police or State law
enforcement agency of the State or local law enforcement agency of
the local jurisdiction in which the sale or other disposition took
place," after "thereon", and added subpar. (B).
1990 - Subsec. (a)(3)(B). Pub. L. 101-647, Sec. 3525, as amended
by Pub. L. 103-322, Sec. 330011(i), inserted a comma after
"devices".
Subsec. (d)(1)(B). Pub. L. 101-647, Sec. 2203(a), substituted
"(n)" for "(h)".
1988 - Subsec. (a). Pub. L. 100-690, Sec. 7060(d)(1), struck out
period after "licensing" in introductory provisions.
Subsec. (f)(3). Pub. L. 100-690, Sec. 7060(d)(2), struck out the
period that followed a period after "paragraph (2)".
1986 - Subsec. (a). Pub. L. 99-308, Sec. 103(1), amended first
sentence generally and substituted "only that information necessary
to determine eligibility for licensing." for "such information" in
second sentence. Prior to amendment, first sentence read as
follows: "No person shall engage in business as a firearms or
ammunition importer, manufacturer, or dealer until he has filed an
application with, and received a license to do so from, the
Secretary."
Subsec. (a)(1)(A). Pub. L. 99-408, Sec. 3, in amending subpar.
(A) generally, substituted ", ammunition for destructive devices or
armor piercing ammunition" for "or ammunition for destructive
devices".
Subsec. (a)(1)(C). Pub. L. 99-408, Sec. 4, in amending subpar.
(C) generally, substituted ", other than ammunition for destructive
devices or armor piercing ammunition" for "other than destructive
devices".
Subsec. (a)(2). Pub. L. 99-408, Sec. 5, amended subpars. (A) and
(B) generally. Prior to amendment, subpars. (A) and (B) read as
follows:
"(A) of destructive devices or ammunition for destructive
devices, a fee of $1,000 per year; or
"(B) of firearms other than destructive devices or ammunition for
firearms other than destructive devices, a fee of $50 per year."
Subsec. (a)(3)(B). Pub. L. 99-308, Sec. 103(2), struck out "or
ammunition for firearms other than destructive devices," after
"destructive devices".
Subsec. (b). Pub. L. 99-308, Sec. 103(3), substituted "only that
information necessary to determine eligibility" for "such
information".
Subsec. (c). Pub. L. 99-360 inserted provision which required any
licensed manufacturer, importer, or dealer who has maintained a
firearm as part of a personal collection for one year and sells or
otherwise disposes of such firearm to record the description of the
firearm in a bound volume, specified other information to be
recorded, and provided that no other recordkeeping be required.
Pub. L. 99-308, Sec. 103(4), inserted provision that nothing in
this chapter be construed to prohibit a licensed manufacturer,
importer, or dealer from maintaining and disposing of a personal
collection of firearms subject to such restrictions as apply in
this chapter to other persons, and provision specifying
circumstances under which such disposition or any other acquisition
shall result in such firearms being deemed part of the licensee's
business inventory.
Subsec. (e). Pub. L. 99-408, Sec. 6, inserted provisions relating
to licenses of dealers willfully transferring armor piercing
ammunition.
Pub. L. 99-308, Sec. 103(5), inserted "willfully" before
"violated".
Subsec. (f)(3). Pub. L. 99-308, Sec. 103(6)(A), inserted "de
novo" before "judicial review" in second sentence and "whether or
not such evidence was considered at the hearing held under
paragraph (2)." after "to the proceeding" in third sentence.
Subsec. (f)(4). Pub. L. 99-308, Sec. 103(6)(B), added par. (4).
Subsec. (g). Pub. L. 99-308, Sec. 103(7), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: "Each
licensed importer, licensed manufacturer, licensed dealer, and
licensed collector shall maintain such records of importation,
production, shipment, receipt, sale, or other disposition, of
firearms and ammunition except .22 caliber rimfire ammunition at
such place, for such period, and in such form as the Secretary may
by regulations prescribe. Such importers, manufacturers, dealers,
and collectors shall make such records available for inspection at
all reasonable times, and shall submit to the Secretary such
reports and information with respect to such records and the
contents thereof as he shall by regulations prescribe. The
Secretary may enter during business hours the premises (including
places of storage) of any firearms or ammunition importer,
manufacturer, dealer, or collector for the purpose of inspecting or
examining (1) any records or documents required to be kept by such
importer, manufacturer, dealer, or collector under the provisions
of this chapter or regulations issued under this chapter, and (2)
any firearms or ammunition kept or stored by such importer,
manufacturer, dealer, or collector at such premises. Upon the
request of any State or any political subdivision thereof, the
Secretary may make available to such State or any political
subdivision thereof, any information which he may obtain by reason
of the provisions of this chapter with respect to the
identification of persons within such State or political
subdivision thereof, who have purchased or received firearms or
ammunition, together with a description of such firearms or
ammunition."
Subsec. (j). Pub. L. 99-308, Sec. 103(8), amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: "This
section shall not apply to anyone who engages only in hand loading,
reloading, or custom loading ammunition for his own firearm, and
who does not hand load, reload, or custom load ammunition for
others."
Subsec. (k). Pub. L. 99-408, Sec. 7, added subsec. (k).
1982 - Subsec. (g). Pub. L. 97-377 inserted "except .22 caliber
rimfire ammunition" after "and ammunition". The amendment by Pub.
L. 97-377, which purported to amend subsec. (9), was executed
instead to subsec. (g) as the probable intent of Congress because
this section does not contain a subsec. (9).
1968 - Subsec. (a). Pub. L. 90-618 struck out "be required to"
after "Each applicant shall".
Subsec. (a)(1). Pub. L. 90-618 inserted "the applicant is" after
"If" in text preceding subpar. (A), substituted "or ammunition for
destructive devices," for "and/or ammunition" in subpar. (A),
decreased the fee from $500 per year to $50 per year in subpar.
(B), and added subpar. (C).
Subsec. (a)(2). Pub. L. 90-618 inserted "the applicant is" after
"If" in text preceding subpar. (A), substituted "or ammunition for
destructive devices," for "and/or ammunition" in subpar. (A), and
inserted provision for ammunition for firearms other than
destructive devices and decreased the fee from $500 per year to $50
per year in subpar. (B).
Subsec. (a)(3). Pub. L. 90-618 inserted "the applicant is" after
"If" in text preceding subpar. (A), substituted "in destructive
devices or ammunition for destructive devices," for "of destructive
devices and/or ammunition" in subpar. (A), and inserted provision
for ammunition for firearms other than destructive devices and
decreased the fee from $250 per year to $25 per year in subpar.
(B).
Subsecs. (b), (c). Pub. L. 90-618 added subsec. (b), redesignated
former subsec. (b) as (c) and made mandatory the requirement that
the Secretary issue the appropriate license to a qualified
applicant. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 90-618 redesignated former subsec. (c) as
(d)(1), made changes in phraseology, inserted references to section
922(g) and (h) of this chapter in subsec. (d)(1)(B) and to
applicants engaged in collecting in subsec. (d)(1)(E)(ii), and
added subsec. (d)(2). Former subsec. (d) redesignated (g).
Subsecs. (e), (f). Pub. L. 90-618 added subsecs. (e) and (f) and
redesignated former subsecs. (e) and (f) as (h) and (i),
respectively.
Subsec. (g). Pub. L. 90-618 redesignated former subsec. (d) as
(g) and added licensed collectors to the enumerated list of
licensees subject to the provisions of this section.
Subsec. (h). Pub. L. 90-618 redesignated former subsec. (e) as
(h) and substituted "subsection (c)" for "subsection (b)".
Subsec. (i). Pub. L. 90-618 redesignated former subsec. (f) as
(i) and inserted ", by means of a serial number engraved or cast on
the receiver or frame of the weapon," after "shall identify".
Subsec. (j). Pub. L. 90-618 added subsec. (j).
CHANGE OF NAME
Words "magistrate judge" substituted for "magistrate" wherever
appearing in subsec. (g)(1)(A) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
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 1998 AMENDMENT
Amendment by Pub. L. 105-277, effective 180 days after Oct. 21,
1998, see section 101(b) [title I, Sec. 119(e)] of Pub. L. 105-277,
set out as a note under section 921 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 603(j)(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 the Act referred to
in paragraph (1) [Pub. L. 103-159] on the date of the enactment of
such Act [Nov. 30, 1993]."
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT
Amendment by sections 110102(d) and 110103(d) 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
3525 of Pub. L. 101-647 took effect.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by sections 3 to 5 of Pub. L. 99-408 effective first
day of first calendar month beginning more than ninety days after
Aug. 28, 1986, and amendment by sections 6 and 7 of Pub. L. 99-408
effective Aug. 28, 1986, see section 9 of Pub. L. 99-408, set out
as a note under section 921 of this title.
Amendment by Pub. L. 99-360 effective on date on which amendment
of this section by Firearms Owners' Protection Act, Pub. L. 99-308,
became effective, see section 2 of Pub. L. 99-360, set out as a
note under section 921 of this title.
Amendment by section 103(1)-(6)(A), (7), (8) of Pub. L. 99-308
effective 180 days after May 19, 1986, and amendment by section
103(6)(B) of Pub. L. 99-308 applicable to any action, petition, or
appellate proceeding pending on May 19, 1986, see section 110(a),
(b) 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, see section
105 of Pub. L. 90-618, set out as a note under section 921 of this
title.
STATUTORY CONSTRUCTION; EVIDENCE
Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 119(d)], Oct.
21, 1998, 112 Stat. 2681-50, 2681-70, provided that:
"(1) Statutory construction. - Nothing in the amendments made by
this section [amending this section and section 921 of this title]
shall be construed -
"(A) as creating a cause of action against any firearms dealer
or any other person for any civil liability; or
"(B) as establishing any standard of care.
"(2) 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."
FUNDING FOR BUREAU NOT AUTHORIZED FOR DISCLOSURE OF DATA
Pub. L. 109-108, title I, Nov. 22, 2005, 119 Stat. 2295, provided
in part: "That no funds appropriated under this or any other Act
with respect to any fiscal year may be used to disclose part or all
of the contents of the Firearms Trace System database maintained by
the National Trace Center of the Bureau of Alcohol, Tobacco,
Firearms and Explosives or any information required to be kept by
licensees pursuant to section 923(g) of title 18, United States
Code, or required to be reported pursuant to paragraphs (3) and (7)
of such section 923(g), to anyone other than a Federal, State, or
local law enforcement agency or a prosecutor solely in connection
with and for use in a bona fide criminal investigation or
prosecution and then only such information as pertains to the
geographic jurisdiction of the law enforcement agency requesting
the disclosure and not for use in any civil action or proceeding
other than an action or proceeding commenced by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, or a review of such an
action or proceeding, to enforce the provisions of chapter 44 of
such title, and all such data shall be immune from legal process
and shall not be subject to subpoena or other discovery, shall be
inadmissible in evidence, and shall not be used, relied on, or
disclosed in any manner, nor shall testimony or other evidence be
permitted based upon such data, in any civil action pending on or
filed after the effective date of this Act [Pub. L. 109-108,
approved Nov. 22, 2005] in any State (including the District of
Columbia) or Federal court or in any administrative proceeding
other than a proceeding commenced by the Bureau of Alcohol,
Tobacco, Firearms and Explosives to enforce the provisions of that
chapter, or a review of such an action or proceeding; except that
this proviso shall not be construed to prevent the disclosure of
statistical information concerning total production, importation,
and exportation by each licensed importer (as defined in section
921(a)(9) of such title) and licensed manufacturer (as defined in
section 921(a)(10) of such title)".
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 108-447, div. B, title I, Dec. 8, 2004, 118 Stat. 2859.
(!1) So in original. Probably should be "Attorney General's".