Notes on 18 U.S.C. § 925 : US Code - Notes

Search Notes on 18 U.S.C. § 925 : US Code - Notes

(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
233; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1224; Pub. L. 98-573, title II, Sec. 233, Oct. 30, 1984, 98
Stat. 2991; Pub. L. 99-308, Sec. 105, May 19, 1986, 100 Stat. 459;
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-
649, Sec. 2(c), (f)(2)(C), (E), Nov. 10, 1988, 102 Stat. 3817,
3818; Pub. L. 101-647, title XXII, Sec. 2203(b), (c), Nov. 29,
1990, 104 Stat. 4857; Pub. L. 104-106, div. A, title XVI, Sec.
1624(b)(3), Feb. 10, 1996, 110 Stat. 522; Pub. L. 104-208, div. A,
title I, Sec. 101(f) [title VI, Sec. 658(d)], Sept. 30, 1996, 110
Stat. 3009-314, 3009-372; Pub. L. 104-294, title VI, Sec. 607(c),
Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107-296, title XI, Sec.
1112(f)(6), Nov. 25, 2002, 116 Stat. 2276; Pub. L. 108-174, Sec.
1(3), Dec. 9, 2003, 117 Stat. 2481.)
AMENDMENT OF SECTION
Pub. L. 100-649, Sec. 2(f)(2)(C), (E), 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), (3), Dec. 9, 2003, 117 Stat. 2481, provided that,
effective 25 years after the 30th day beginning after Nov. 10,
1988, subsection (a) of this section is amended by striking "and
provisions relating to firearms subject to the prohibitions of
section 922(p)" in par. (1), striking ", except for provisions
relating to firearms subject to the prohibitions of section
922(p)," in par. (2), and striking "except for provisions relating
to firearms subject to the prohibitions of section 922(p)," in
pars. (3) and (4) and subsection (f) of this section is repealed.
REFERENCES IN TEXT
Section 4308 of title 10 before the repeal of such section by
section 1624(a) of the Corporation for the Promotion of Rifle
Practice and Firearms Safety Act, referred to in subsec. (a)(2)(A),
means section 4308 of Title 10, Armed Forces, prior to repeal by
section 1624(a)(1) of Pub. L. 104-106, div. A, title XVI, Feb. 10,
1996, 110 Stat. 522.
Section 5845(b) of the Internal Revenue Code of 1986, referred to
in subsec. (d)(2), is classified to section 5845(b) of Title 26,
Internal Revenue Code.
Section 5845(a) of the Internal Revenue Code of 1986, referred to
in subsec. (d)(3), is classified to section 5845(a) of Title 26.
AMENDMENTS
2002 - Subsecs. (a), (c) to (f). Pub. L. 107-296, which directed
amendment of this section by substituting "Attorney General" for
"Secretary" wherever appearing, was executed by making the
substitution wherever appearing in subsecs. (a)(4) and (c) to (f),
by not making the substitution for "Secretary of the Army" in
subsec. (a)(2), and by substituting "Attorney General" for
"Secretary of the Treasury" in subsec. (a)(3), to reflect the
probable intent of Congress.
1996 - Subsec. (a)(1). Pub. L. 104-208 inserted "sections
922(d)(9) and 922(g)(9) and" after "except for".
Subsec. (a)(2)(A). Pub. L. 104-106 inserted "before the repeal of
such section by section 1624(a) of the Corporation for the
Promotion of Rifle Practice and Firearms Safety Act" after "section
4308 of title 10".
Subsec. (a)(5). Pub. L. 104-294 substituted "For the purpose of
paragraph (3)" for "For the purpose of paragraphs (3) and (4)".
1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 2203(b), inserted
"possession," before "or importation".
Subsec. (c). Pub. L. 101-647, Sec. 2203(c), substituted
"regarding the disability" for "regarding the conviction" and
"barred by such disability" for "barred by such conviction" and
struck out "by reason of such a conviction" after "incurred under
this chapter".
1988 - Subsec. (a). Pub. L. 100-649, Sec. 2(c)(1), inserted ",
except for provisions relating to firearms subject to the
prohibitions of section 922(p)," after "chapter" in pars. (1) to
(4).
Subsec. (f). Pub. L. 100-649, Sec. 2(c)(2), added subsec. (f).
1986 - Subsec. (c). Pub. L. 99-308, Sec. 105(1), substituted "is
prohibited from possessing, shipping, transporting, or receiving
firearms or ammunition" for "has been convicted of a crime
punishable by imprisonment for a term exceeding one year (other
than a crime involving the use of a firearm or other weapon or a
violation of this chapter or of the National Firearms Act)" and
"shipment, transportation, or possession of firearms, and" for
"shipment, or possession of firearms and incurred by reason of such
conviction, and" and inserted provision that any person whose
application for relief has been denied may file for judicial relief
of such denial and that the court may admit additional evidence to
avoid a miscarriage of justice.
Subsec. (d). Pub. L. 99-308, Sec. 105(2)(A), (B), (D), in
provision preceding par. (1) substituted "shall authorize" for "may
authorize" and struck out "the person importing or bringing in the
firearm or ammunition establishes to the satisfaction of the
Secretary that" after "thereof if", and in provision following par.
(4) substituted "shall permit" for "may permit".
Subsec. (d)(2). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Subsec. (d)(3). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Pub. L. 99-308, Sec. 105(2)(C), inserted "except in any case
where the Secretary has not authorized the importation of the
firearm pursuant to this paragraph, it shall be unlawful to import
any frame, receiver, or barrel of such firearm which would be
prohibited if assembled".
1984 - Subsec. (e). Pub. L. 98-573 added subsec. (e).
1968 - Subsec. (a). Pub. L. 90-618 redesignated existing
provisions as par. (1), made minor changes in phraseology, and
added pars. (2) to (5).
Subsec. (b). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees.
Subsec. (c). Pub. L. 90-618 substituted "imposed by Federal laws
with respect to the acquisition, receipt, transfer, shipment, or
possession of firearms and" for "under this chapter", "to act in a
manner dangerous to public safety" for "to conduct his operations
in an unlawful manner," and "licensed importer, licensed
manufacturer, licensed dealer, or licensed collector" for
"licensee".
Subsec. (d). Pub. L. 90-618 made minor changes in phraseology,
subjected ammunition to the authority of the Secretary in text
preceding par. (1), substituted "section 5845(b)" for "section
5848(2)" in par. (2), substituted "section 5845(a)" for "section
5848(1)" and "excluding surplus military firearms" for "and in the
case of surplus military firearms is a rifle or shotgun" in par.
(3), inserted "or ammunition" after "the firearm" in par. (4), and
authorized the Secretary to permit the importation of ammunition
for examination and testing in text following par. (4).
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
Amendment by Pub. L. 104-106 effective on the earlier of the date
on which the Secretary of the Army submits a certification in
accordance with section 5523 of [former] Title 36, Patriotic
Societies and Observances, or Oct. 1, 1996, see section 1624(c) of
Pub. L. 104-106, set out as a note under section 4316 of Title 10,
Armed Forces.
EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET PROVISION
Amendment by section 2(c) of Pub. L. 100-649 effective 30th day
beginning after Nov. 10, 1988, and amendment by section 2(f)(2)(C),
(E) effective 25 years after such effective date, see section 2(f)
of Pub. L. 100-649, as amended, set out as a note under section 922
of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-308 applicable to any action, petition,
or appellate proceeding pending on May 19, 1986, see section 110(b)
of Pub. L. 99-308, set out as a note under section 921 of this
title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-573 effective 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
under section 1304 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, except
subsecs. (a)(1) and (d) effective Oct. 22, 1968, see section 105 of
Pub. L. 90-618, set out as a note under section 921 of this title.