18 U.S.C. § 923 — Licensing

Page 244 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 923 appropriated from the Violent Crime Reduction Trust Fund, was repealed by Pub. L. 109–162, title XI, § 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, known as the NICS Improvement Amendments Act of 2007, which enhanced the requirement that Federal departments and agencies provide relevant information to the Na- tional Instant Criminal Background Check System, was transferred or omitted as follows: Section 1 was editorially reclassified as a note under section 10101 of Title 34, Crime Control and Law En- forcement; Sections 2 and 3 were editorially reclassified as sec- tions 40902 and 40903, respectively, of Title 34; Titles I (§ 101 et seq.), II (§ 201), and III (§ 301) were edi- torially reclassified as subchapter I (§ 40911 et seq.), sub- chapter II (§ 40931), and subchapter III (§ 40941), respec- tively, of chapter 409 of Title 34; and Title IV (§ 401) was omitted from the Code as obsolete. Pub. L. 103–159, title I, § 103, Nov. 30, 1993, 107 Stat. 1541, as amended by Pub. L. 103–322, title XXI, § 210603(b), Sept. 13, 1994, 108 Stat. 2074; Pub. L. 104–294, title VI, § 603(h), (i)(1), Oct. 11, 1996, 110 Stat. 3504; Pub. L. 110–180, title I, § 101(a), Jan. 8, 2008, 121 Stat. 2561, which provided for the establishment of a national in- stant criminal background check system, was edi- torially reclassified as section 40901 of Title 34, Crime Control and Law Enforcement. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS Pub. L. 103–159, title I, § 106(b), Nov. 30, 1993, 107 Stat. 1544, as amended by Pub. L. 103–322, title XXI, § 210603(b), Sept. 13, 1994, 108 Stat. 2074; Pub. L. 104–294, title VI, § 603(i)(1), Oct. 11, 1996, 110 Stat. 3504, which di- rected the Attorney General to provide grants to States for the improvement of criminal history record systems, was editorially reclassified as section 40302 of Title 34, Crime Control and Law Enforcement. GUN-FREE ZONE SIGNS Pub. L. 101–647, title XVII, § 1702(b)(5), Nov. 29, 1990, 104 Stat. 4845, 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 Pub. L. 100–690, title VI, § 6213, Nov. 18, 1988, 102 Stat. 4360, which required the Attorney General to develop a system to identify felons and other persons ineligible to purchase firearms, was editorially reclassified and is set out as a note under section 40901 of Title 34, Crime Control and Law Enforcement. STUDIES TO IDENTIFY EQUIPMENT CAPABLE OF DISTIN- GUISHING SECURITY EXEMPLAR FROM OTHER METAL OBJECTS LIKELY TO BE CARRIED ON ONE’S PERSON Pub. L. 100–649, § 2(e), Nov. 10, 1988, 102 Stat. 3817, di- rected the Attorney General, the Secretary of the Treasury, and the Secretary of Transportation to con- duct studies to identify available state-of-the-art equipment capable of detecting the Security Exemplar (as defined in subsec. (p)(2)(C) of this section) while dis- tinguishing innocuous metal objects; studies were to be completed within 6 months after Nov. 10, 1988, and in- clude a schedule to install such equipment at the ear- liest practicable time at security checkpoints main- tained or regulated by the agency conducting the study. Executive Documents IMPROVING AVAILABILITY OF RELEVANT EXECUTIVE BRANCH RECORDS TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM Memorandum of President of the United States, Jan. 16, 2013, 78 F.R. 4297, which required the Department of Justice to issue guidance to agencies regarding the identification and sharing of relevant Federal records and their submission to the National Instant Criminal Background Check System, was editorially reclassified and is set out as a note under section 40911 of Title 34, Crime Control and Law Enforcement. § 923. Licensing (a) No person shall engage in the business of importing, manufacturing, or dealing in fire- arms, or importing or manufacturing ammuni- tion, until he has filed an application with and received a license to do so from the Attorney General. The application shall be in such form and contain only that information necessary to determine eligibility for licensing as the Attor- ney General shall by regulation prescribe and shall include a photograph and fingerprints of the applicant. Each applicant shall pay a fee for obtaining such a license, a separate fee being re- quired for each place in which the applicant is to do business, as follows: (1) If the applicant is a manufacturer— (A) of destructive devices, ammunition for destructive devices or armor piercing ammuni- tion, a fee of $1,000 per year; (B) of firearms other than destructive de- vices, a fee of $50 per year; or (C) of ammunition for firearms, other than ammunition for destructive devices or armor piercing ammunition, a fee of $10 per year. (2) If the applicant is an importer— (A) of destructive devices, ammunition for destructive devices or armor piercing ammuni- tion, a fee of $1,000 per year; or (B) of firearms other than destructive de- vices or ammunition for firearms other than destructive devices, or ammunition other than armor piercing ammunition, a fee of $50 per year. (3) If the applicant is a dealer— (A) in destructive devices or ammunition for destructive devices, a fee of $1,000 per year; or (B) who is not a dealer in destructive de- vices, a fee of $200 for 3 years, except that the fee for renewal of a valid license shall be $90 for 3 years. (b) Any person desiring to be licensed as a col- lector shall file an application for such license with the Attorney General. The application shall be in such form and contain only that in- formation necessary to determine eligibility as the Attorney General shall by regulation pre- scribe. The fee for such license shall be $10 per year. Any license granted under this subsection shall only apply to transactions in curios and relics. (c) Upon the filing of a proper application and payment of the prescribed fee, the Attorney General shall issue to a qualified applicant the appropriate license which, subject to the provi- sions of this chapter and other applicable provi- sions of law, shall entitle the licensee to trans- port, ship, and receive firearms and ammunition covered by such license in interstate or foreign commerce during the period stated in the li- cense. Nothing in this chapter shall be con- strued to prohibit a licensed manufacturer, im- porter, or dealer from maintaining and disposing of a personal collection of firearms, subject only Page 245 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 923 1 So in original. Probably should be ‘‘Attorney General’s’’. to such restrictions as apply in this chapter to dispositions by a person other than a licensed manufacturer, importer, or dealer. If any fire- arm is so disposed of by a licensee within one year after its transfer from his business inven- tory into such licensee’s personal collection or if such disposition or any other acquisition is made for the purpose of willfully evading the re- strictions placed upon licensees by this chapter, then such firearm shall be deemed part of such licensee’s business inventory, except that any li- censed manufacturer, importer, or dealer who has maintained a firearm as part of a personal collection for one year and who sells or other- wise disposes of such firearm shall record the de- scription of the firearm in a bound volume, con- taining the name and place of residence and date of birth of the transferee if the transferee is an individual, or the identity and principal and local places of business of the transferee if the transferee is a corporation or other business en- tity: Provided, That no other recordkeeping shall be required. (d)(1) Any application submitted under sub- section (a) or (b) of this section shall be ap- proved if— (A) the applicant is twenty-one years of age or over; (B) the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corpora- tion, partnership, or association) is not pro- hibited from transporting, shipping, or receiv- ing firearms or ammunition in interstate or foreign commerce under section 922(g) and (n) of this chapter; (C) the applicant has not willfully violated any of the provisions of this chapter or regula- tions issued thereunder; (D) the applicant has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with his applica- tion; (E) the applicant has in a State (i) premises from which he conducts business subject to li- cense under this chapter or from which he in- tends to conduct such business within a rea- sonable period of time, or (ii) in the case of a collector, premises from which he conducts his collecting subject to license under this chap- ter or from which he intends to conduct such collecting within a reasonable period of time; (F) the applicant certifies that— (i) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premise is located; (ii)(I) within 30 days after the application is approved the business will comply with the requirements of State and local law ap- plicable to the conduct of the business; and (II) the business will not be conducted under the license until the requirements of State and local law applicable to the busi- ness have been met; and (iii) that the applicant has sent or deliv- ered a form to be prescribed by the Attorney General, to the chief law enforcement officer of the locality in which the premises are lo- cated, which indicates that the applicant in- tends to apply for a Federal firearms license; and (G) in the case of an application to be li- censed as a dealer, the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (subject to the exception 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 li- censee, the dealer shall not be considered to be in violation of the requirement under this sub- paragraph to make available such a device). (2) The Attorney General must approve or deny an application for a license within the 60- day period beginning on the date it is received. If the Attorney General fails to act within such period, the applicant may file an action under section 1361 of title 28 to compel the Attorney General to act. If the Attorney General approves an applicant’s application, such applicant shall be issued a license upon the payment of the pre- scribed fee. (e) The Attorney General may, after notice and opportunity for hearing, revoke any license issued under this section if the holder of such li- cense has willfully violated any provision of this chapter or any rule or regulation prescribed by the Attorney General under this chapter 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 licens- ees (except that in any case in which a secure gun storage or safety device is temporarily un- available because of theft, casualty loss, con- sumer 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). The Attorney General may, after notice and opportunity for hearing, revoke the license of a dealer who willfully transfers armor piercing ammunition. The Sec- retary’s 1 action under this subsection may be reviewed only as provided in subsection (f) of this section. (f)(1) Any person whose application for a li- cense is denied and any holder of a license which is revoked shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was revoked. Any no- tice of a revocation of a license shall be given to the holder of such license before the effective date of the revocation. (2) If the Attorney General denies an applica- tion for, or revokes, a license, he shall, upon re- quest by the aggrieved party, promptly hold a hearing to review his denial or revocation. In the case of a revocation of a license, the Attor- ney General shall upon the request of the holder of the license stay the effective date of the rev- ocation. A hearing held under this paragraph Page 246 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 923 shall be held at a location convenient to the ag- grieved party. (3) If after a hearing held under paragraph (2) the Attorney General decides not to reverse his decision to deny an application or revoke a li- cense, the Attorney General shall give notice of his decision to the aggrieved party. The ag- grieved party may at any time within sixty days after the date notice was given under this para- graph file a petition with the United States dis- trict court for the district in which he resides or has his principal place of business for a de novo judicial review of such denial or revocation. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Attorney General was not authorized to deny the application or to revoke the license, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court. (4) If criminal proceedings are instituted against a licensee alleging any violation of this chapter or of rules or regulations prescribed under this chapter, and the licensee is acquitted of such charges, or such proceedings are termi- nated, other than upon motion of the Govern- ment before trial upon such charges, the Attor- ney General shall be absolutely barred from de- nying or revoking any license granted under this chapter where such denial or revocation is based in whole or in part on the facts which form the basis of such criminal charges. No pro- ceedings for the revocation of a license shall be instituted by the Attorney General more than one year after the filing of the indictment or in- formation. (g)(1)(A) Each licensed importer, licensed man- ufacturer, and licensed dealer shall maintain such records of importation, production, ship- ment, receipt, sale, or other disposition of fire- arms at his place of business for such period, and in such form, as the Attorney General may by regulations prescribe. Such importers, manufac- turers, and dealers shall not be required to sub- mit to the Attorney General reports and infor- mation with respect to such records and the con- tents thereof, except as expressly required by this section. The Attorney General, when he has reasonable cause to believe a violation of this chapter has occurred and that evidence thereof may be found on such premises, may, upon dem- onstrating such cause before a Federal mag- istrate judge and securing from such magistrate judge a warrant authorizing entry, enter during business hours the premises (including places of storage) of any licensed firearms importer, li- censed manufacturer, licensed dealer, licensed collector, or any licensed importer or manufac- turer of ammunition, for the purpose of inspect- ing or examining— (i) any records or documents required to be kept by such licensed importer, licensed man- ufacturer, licensed dealer, or licensed col- lector under this chapter or rules or regula- tions under this chapter, and (ii) any firearms or ammunition kept or stored by such licensed importer, licensed manufacturer, licensed dealer, or licensed col- lector, at such premises. (B) The Attorney General may inspect or ex- amine the inventory and records of a licensed importer, licensed manufacturer, or licensed dealer without such reasonable cause or war- rant— (i) in the course of a reasonable inquiry dur- ing the course of a criminal investigation of a person or persons other than the licensee; (ii) for ensuring compliance with the record keeping requirements of this chapter— (I) not more than once during any 12- month period; or (II) at any time with respect to records re- lating to a firearm involved in a criminal in- vestigation that is traced to the licensee; or (iii) when such inspection or examination may be required for determining the disposi- tion of one or more particular firearms in the course of a bona fide criminal investigation. (C) The Attorney General may inspect the in- ventory and records of a licensed collector with- out such reasonable cause or warrant— (i) for ensuring compliance with the record keeping requirements of this chapter not more than once during any twelve-month period; or (ii) when such inspection or examination may be required for determining the disposi- tion of one or more particular firearms in the course of a bona fide criminal investigation. (D) At the election of a licensed collector, the annual inspection of records and inventory per- mitted under this paragraph shall be performed at the office of the Attorney General designated for such inspections which is located in closest proximity to the premises where the inventory and records of such licensed collector are main- tained. The inspection and examination author- ized by this paragraph shall not be construed as authorizing the Attorney General to seize any records or other documents other than those records or documents constituting material evi- dence of a violation of law. If the Attorney Gen- eral seizes such records or documents, copies shall be provided the licensee within a reason- able time. The Attorney General may make available to any Federal, State, or local law en- forcement agency any information which he may obtain by reason of this chapter with re- spect to the identification of persons prohibited from purchasing or receiving firearms or ammu- nition who have purchased or received firearms or ammunition, together with a description of such firearms or ammunition, and he may pro- vide information to the extent such information may be contained in the records required to be maintained by this chapter, when so requested by any Federal, State, or local law enforcement agency. (2) Each licensed collector shall maintain in a bound volume the nature of which the Attorney General may by regulations prescribe, records of the receipt, sale, or other disposition of fire- arms. Such records shall include the name and address of any person to whom the collector sells or otherwise disposes of a firearm. Such collector shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by this section. (3)(A) Each licensee shall prepare a report of multiple sales or other dispositions whenever Page 247 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 923 the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totalling two or more, to an unlicensed person. The report shall be prepared on a form specified by the At- torney General and forwarded to the office spec- ified thereon and to the department of State po- lice or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other dis- position took place, not later than the close of business on the day that the multiple sale or other disposition occurs. (B) Except in the case of forms and contents thereof regarding a purchaser who is prohibited by subsection (g) or (n) of section 922 of this title from receipt of a firearm, the department of State police or State law enforcement agency or local law enforcement agency of the local ju- risdiction shall not disclose any such form or the contents thereof to any person or entity, and shall destroy each such form and any record of the contents thereof no more than 20 days from the date such form is received. No later than the date that is 6 months after the effec- tive date of this subparagraph, and at the end of each 6-month period thereafter, the department of State police or State law enforcement agency or local law enforcement agency of the local ju- risdiction shall certify to the Attorney General of the United States that no disclosure contrary to this subparagraph has been made and that all forms and any record of the contents thereof have been destroyed as provided in this subpara- graph. (4) Where a firearms or ammunition business is discontinued and succeeded by a new licensee, the records required to be kept by this chapter shall appropriately reflect such facts and shall be delivered to the successor. Where discontinu- ance of the business is absolute, such records shall be delivered within thirty days after the business discontinuance to the Attorney Gen- eral. However, where State law or local ordi- nance requires the delivery of records to other responsible authority, the Attorney General may arrange for the delivery of such records to such other responsible authority. (5)(A) Each licensee shall, when required by letter issued by the Attorney General, and until notified to the contrary in writing by the Attor- ney General, submit on a form specified by the Attorney General, for periods and at the times specified in such letter, all record information required to be kept by this chapter or such less- er record information as the Attorney General in such letter may specify. (B) The Attorney General may authorize such record information to be submitted in a manner other than that prescribed in subparagraph (A) of this paragraph when it is shown by a licensee that an alternate method of reporting is reason- ably necessary and will not unduly hinder the effective administration of this chapter. A li- censee may use an alternate method of report- ing if the licensee describes the proposed alter- nate method of reporting and the need therefor in a letter application submitted to the Attor- ney General, and the Attorney General approves such alternate method of reporting. (6) Each licensee shall report the theft or loss of a firearm from the licensee’s inventory or col- lection, within 48 hours after the theft or loss is discovered, to the Attorney General and to the appropriate local authorities. (7) Each licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by the Attorney General for information contained in the records required to be kept by this chapter as may be required for determining the disposition of 1 or more fire- arms in the course of a bona fide criminal inves- tigation. The requested information shall be provided orally or in writing, as the Attorney General may require. The Attorney General shall implement a system whereby the licensee can positively identify and establish that an in- dividual requesting information via telephone is employed by and authorized by the agency to re- quest such information. (h) Licenses issued under the provisions of subsection (c) of this section shall be kept post- ed and kept available for inspection on the premises covered by the license. (i) Licensed importers and licensed manufac- turers shall identify by means of a serial num- ber engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each fire- arm imported or manufactured by such importer or manufacturer. (j) A licensed importer, licensed manufacturer, or licensed dealer may, under rules or regula- tions prescribed by the Attorney General, con- duct business temporarily at a location other than the location specified on the license if such temporary location is the location for a gun show or event sponsored by any national, State, or local organization, or any affiliate of any such organization devoted to the collection, competitive use, or other sporting use of fire- arms in the community, and such location is in the State which is specified on the license. Records of receipt and disposition of firearms transactions conducted at such temporary loca- tion shall include the location of the sale or other disposition and shall be entered in the per- manent records of the licensee and retained on the location specified on the license. Nothing in this subsection shall authorize any licensee to conduct business in or from any motorized or towed vehicle. Notwithstanding the provisions of subsection (a) of this section, a separate fee shall not be required of a licensee with respect to business conducted under this subsection. Any inspection or examination of inventory or records under this chapter by the Attorney Gen- eral at such temporary location shall be limited to inventory consisting of, or records relating to, firearms held or disposed at such temporary location. Nothing in this subsection shall be construed to authorize the Attorney General to inspect or examine the inventory or records of a licensed importer, licensed manufacturer, or li- censed dealer at any location other than the lo- cation specified on the license. Nothing in this subsection shall be construed to diminish in any manner any right to display, sell, or otherwise dispose of firearms or ammunition, which is in effect before the date of the enactment of the Firearms Owners’ Protection Act, including the Page 248 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 923 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. (k) Licensed importers and licensed manufac- turers shall mark all armor piercing projectiles and packages containing such projectiles for dis- tribution in the manner prescribed by the Attor- ney General by regulation. The Attorney Gen- eral shall furnish information to each dealer li- censed under this chapter defining which projec- tiles are considered armor piercing ammunition as defined in section 921(a)(17)(B). (l) The Attorney General shall notify the chief law enforcement officer in the appropriate State and local jurisdictions of the names and address- es of all persons in the State to whom a firearms license is issued. (Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 231; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1221; Pub. L. 92–377, title I, § 165(b), Dec. 21, 1982, 96 Stat. 1923; Pub. L. 99–308, § 103, May 19, 1986, 100 Stat. 453; Pub. L. 99–360, § 1(c), July 8, 1986, 100 Stat. 766; Pub. L. 99–408, §§ 3–7, Aug. 28, 1986, 100 Stat. 921; Pub. L. 100–690, title VII, § 7060(d), Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101–647, title XXII, § 2203(a), title XXXV, § 3525, Nov. 29, 1990, 104 Stat. 4857, 4924; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–159, title II, § 201, title III, § 303, Nov. 30, 1993, 107 Stat. 1544, 1545; Pub. L. 103–322, title XI, §§ 110102(d), 110103(d), 110105(2), 110301(a), 110302–110307, title XXXIII, § 330011(i), Sept. 13, 1994, 108 Stat. 1998–2000, 2012–2014, 2145; Pub. L. 104–208, div. A, title I, § 101(f) [title I, § 118], Sept. 30, 1996, 110 Stat. 3009–314, 3009–326; Pub. L. 104–294, title VI, § 603(j)(1), (k), (l), Oct. 11, 1996, 110 Stat. 3504, 3505; Pub. L. 105–277, div. A, § 101(b) [title I, § 119(b), (c)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–69; Pub. L. 107–296, title XI, § 1112(f)(5), (6), Nov. 25, 2002, 116 Stat. 2276.) Editorial Notes 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, § 1112(f)(6), substituted ‘‘Attorney General’’ for ‘‘Sec- retary’’ wherever appearing. Subsec. (l). Pub. L. 107–296, § 1112(f)(5), substituted ‘‘Attorney General’’ for ‘‘Secretary of the Treasury’’. 1998—Subsec. (d)(1)(G). Pub. L. 105–277, § 101(b) [title I, § 119(b)], added subpar. (G). Subsec. (e). Pub. L. 105–277, § 101(b) [title I, § 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 li- cense 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 vio- lation of the requirement to make available such a de- vice)’’. 1996—Subsec. (g)(1)(B)(ii). Pub. L. 104–294, § 603(k), substituted ‘‘; or’’ for period at end of subcl. (II) and re- aligned margins. Subsec. (g)(3)(A). Pub. L. 104–294, § 603(j)(1), amended directory language of Pub. L. 103–159, § 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 ‘cu- rios 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, § 603(l), redesignated last subsec. as subsec. (l) and realigned margins. 1994—Subsec. (a). Pub. L. 103–322, § 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, § 330011(i), amended directory language of Pub. L. 101–647, § 3525. See 1990 Amendment note below. Subsec. (d)(1)(F). Pub. L. 103–322, § 110302, added sub- par. (F). Subsec. (d)(2). Pub. L. 103–322, § 110303, substituted ‘‘60-day period’’ for ‘‘forty-five-day period’’. Subsec. (g)(1)(B)(ii). Pub. L. 103–322, § 110304, amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘for ensuring compliance with the record keep- ing requirements of this chapter not more than once during any twelve-month period; or’’. Subsec. (g)(6). Pub. L. 103–322, § 110305, added par. (6). Subsec. (g)(7). Pub. L. 103–322, § 110306, added par. (7). Subsec. (i). Pub. L. 103–322, § 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 im- ported after the effective date of this subsection, and such other identification as the Secretary may by regu- lation prescribe.’’, was repealed by Pub. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below. Pub. L. 103–322, § 110102(d), which inserted penul- timate sentence which read as follows: ‘‘The serial number of any semiautomatic assault weapon manufac- tured 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, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below. Subsec. (l). Pub. L. 103–322, § 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, § 303(1), in- serted ‘‘or’’ at end of subpar. (A). Subsec. (a)(3)(B). Pub. L. 103–159, § 303(2), (3), sub- stituted ‘‘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 destruc- tive devices, a fee of $25 per year; or’’. Subsec. (a)(3)(C). Pub. L. 103–159, § 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, § 201, as amended by Pub. L. 104–294, § 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 ju- risdiction in which the sale or other disposition took place,’’ after ‘‘thereon’’, and added subpar. (B). 1990—Subsec. (a)(3)(B). Pub. L. 101–647, § 3525, as amended by Pub. L. 103–322, § 330011(i), inserted a comma after ‘‘devices’’. Subsec. (d)(1)(B). Pub. L. 101–647, § 2203(a), substituted ‘‘(n)’’ for ‘‘(h)’’. Page 249 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 923 1988—Subsec. (a). Pub. L. 100–690, § 7060(d)(1), struck out period after ‘‘licensing’’ in introductory provisions. Subsec. (f)(3). Pub. L. 100–690, § 7060(d)(2), struck out the period that followed a period after ‘‘paragraph (2)’’. 1986—Subsec. (a). Pub. L. 99–308, § 103(1), amended first sentence generally and substituted ‘‘only that informa- tion 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, § 3, in amending sub- par. (A) generally, substituted ‘‘, ammunition for de- structive devices or armor piercing ammunition’’ for ‘‘or ammunition for destructive devices’’. Subsec. (a)(1)(C). Pub. L. 99–408, § 4, in amending sub- par. (C) generally, substituted ‘‘, other than ammuni- tion for destructive devices or armor piercing ammuni- tion’’ for ‘‘other than destructive devices’’. Subsec. (a)(2). Pub. L. 99–408, § 5, amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows: ‘‘(A) of destructive devices or ammunition for de- structive devices, a fee of $1,000 per year; or ‘‘(B) of firearms other than destructive devices or ammunition for firearms other than destructive de- vices, a fee of $50 per year.’’ Subsec. (a)(3)(B). Pub. L. 99–308, § 103(2), struck out ‘‘or ammunition for firearms other than destructive de- vices,’’ after ‘‘destructive devices’’. Subsec. (b). Pub. L. 99–308, § 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 deal- er 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, § 103(4), inserted provision that nothing in this chapter be construed to prohibit a licensed man- ufacturer, importer, or dealer from maintaining and disposing of a personal collection of firearms subject to such restrictions as apply in this chapter to other per- sons, and provision specifying circumstances under which such disposition or any other acquisition shall result in such firearms being deemed part of the licens- ee’s business inventory. Subsec. (e). Pub. L. 99–408, § 6, inserted provisions re- lating to licenses of dealers willfully transferring armor piercing ammunition. Pub. L. 99–308, § 103(5), inserted ‘‘willfully’’ before ‘‘violated’’. Subsec. (f)(3). Pub. L. 99–308, § 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 pro- ceeding’’ in third sentence. Subsec. (f)(4). Pub. L. 99–308, § 103(6)(B), added par. (4). Subsec. (g). Pub. L. 99–308, § 103(7), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: ‘‘Each licensed importer, licensed manufac- turer, licensed dealer, and licensed collector shall maintain such records of importation, production, ship- ment, 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 import- ers, 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 col- lector 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 Sec- retary may make available to such State or any polit- ical 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 pur- chased or received firearms or ammunition, together with a description of such firearms or ammunition.’’ Subsec. (j). Pub. L. 99–308, § 103(8), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as fol- lows: ‘‘This section shall not apply to anyone who en- gages only in hand loading, reloading, or custom load- ing ammunition for his own firearm, and who does not hand load, reload, or custom load ammunition for oth- ers.’’ Subsec. (k). Pub. L. 99–408, § 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 re- quired 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 sub- par. (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 de- vices 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 ammuni- tion’’ in subpar. (A), and inserted provision for ammu- nition 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), re- designated former subsec. (b) as (c) and made manda- tory the requirement that the Secretary issue the ap- propriate license to a qualified applicant. Former sub- sec. (c) redesignated (d). Subsec. (d). Pub. L. 90–618 redesignated former subsec. (c) as (d)(1), made changes in phraseology, inserted ref- erences to section 922(g) and (h) of this chapter in sub- sec. (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 enumer- ated list of licensees subject to the provisions of this section. Subsec. (h). Pub. L. 90–618 redesignated former sub- sec. (e) as (h) and substituted ‘‘subsection (c)’’ for ‘‘sub- section (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 weap- on,’’ after ‘‘shall identify’’. Subsec. (j). Pub. L. 90–618 added subsec. (j). Page 250 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 923 Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ wherever appearing in subsec. (g)(1)(A) pursu- ant 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, Do- mestic 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, § 119(e)] of Pub. L. 105–277, set out as a note under section 921 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–294, title VI, § 603(j)(2), Oct. 11, 1996, 110 Stat. 3505, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect as if the amendment had been included in the Act re- ferred 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 sec- tion 110105(2) of Pub. L. 103–322, formerly set out as a note under section 921 of this title. Pub. L. 103–322, title XXXIII, § 330011(i), Sept. 13, 1994, 108 Stat. 2145, 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 effec- tive 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 sec- tion 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 amend- ment 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. EFFECTIVE DATE Section effective 180 days after June 19, 1968, see sec- tion 907 of Pub. L. 90–351, set out as a note under sec- tion 921 of this title. STATUTORY CONSTRUCTION; EVIDENCE Pub. L. 105–277, div. A, § 101(b) [title I, § 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 sec- tion and section 921 of this title] shall be construed— ‘‘(A) as creating a cause of action against any fire- arms dealer or any other person for any civil liabil- ity; or ‘‘(B) as establishing any standard of care. ‘‘(2) EVIDENCE.—Notwithstanding any other provision of law, evidence regarding compliance or noncompli- ance 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 IMPLEMENTING PHYSICAL INVENTORY REQUIREMENT Pub. L. 113–6, div. B, title II, Mar. 26, 2013, 127 Stat. 248, provided in part: ‘‘That, in the current fiscal year and any fiscal year thereafter, no funds made available by this or any other Act shall be expended to promul- gate or implement any rule requiring a physical inven- tory of any business licensed under section 923 of title 18, United States Code’’. FUNDING FOR BUREAU NOT AUTHORIZED TO DENY LI- CENSE APPLICATIONS OR RENEWALS DUE TO LACK OF BUSINESS ACTIVITY Pub. L. 113–6, div. B, title II, Mar. 26, 2013, 127 Stat. 248, provided in part: ‘‘That, in the current fiscal year and any fiscal year thereafter, no funds authorized or made available under this or any other Act may be used to deny any application for a license under section 923 of title 18, United States Code, or renewal of such a license due to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license, and is eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.].’’ TRACING STUDIES DISCLAIMER Pub. L. 113–6, div. B, title V, § 514, Mar. 26, 2013, 127 Stat. 271, provided that: ‘‘(a) Tracing studies conducted by the Bureau of Alco- hol, Tobacco, Firearms and Explosives are released without adequate disclaimers regarding the limitations of the data. ‘‘(b) For fiscal year 2013 and thereafter, the Bureau of Alcohol, Tobacco, Firearms and Explosives shall in- clude in all such data releases, language similar to the following that would make clear that trace data cannot be used to draw broad conclusions about firearms-re- lated crime: ‘‘(1) Firearm traces are designed to assist law en- forcement authorities in conducting investigations by tracking the sale and possession of specific fire- arms. Law enforcement agencies may request fire- arms traces for any reason, and those reasons are not necessarily reported to the Federal Government. Not all firearms used in crime are traced and not all fire- arms traced are used in crime. ‘‘(2) Firearms selected for tracing are not chosen for purposes of determining which types, makes, or models of firearms are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally traced to the first retail seller, and sources reported for firearms traced do not necessarily represent the sources or methods by which firearms in general are acquired for use in crime.’’ FUNDING FOR BUREAU NOT AUTHORIZED FOR CONSOLIDATION OR CENTRALIZATION OF RECORDS Pub. L. 112–55, div. B, title II, Nov. 18, 2011, 125 Stat. 609, provided in part: ‘‘That no funds appropriated here- in or hereafter shall be available for salaries or admin- istrative expenses in connection with consolidating or centralizing, within the Department of Justice, the records, or any portion thereof, of acquisition and dis- position of firearms maintained by Federal firearms li- censees’’. FUNDING FOR BUREAU NOT AUTHORIZED FOR ELECTRONIC RETRIEVAL OF INFORMATION Pub. L. 112–55, div. B, title II, Nov. 18, 2011, 125 Stat. 610, provided in part: ‘‘That, hereafter, no funds made Page 251 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 924 available by this or any other Act may be used to elec- tronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code’’. FUNDING FOR BUREAU NOT AUTHORIZED FOR DISCLOSURE OF DATA Pub. L. 112–55, div. B, title II, Nov. 18, 2011, 125 Stat. 609, provided in part: ‘‘That, during the current fiscal year and in each fiscal year thereafter, no funds appro- priated under this or any other Act may be used to dis- close 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 li- censees 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, except to: (1) a Federal, State, local, or tribal law enforcement agency, or a Federal, State, or local prosecutor; or (2) a foreign law enforcement agency solely in connection with or for use in a criminal investigation or prosecution; or (3) a Federal agency for a national security or intelligence purpose; unless such disclosure of such data to any of the entities described in (1), (2) or (3) of this proviso would compromise the identity of any undercover law enforcement officer or confidential informant, or inter- fere with any case under investigation; and no person or entity described in (1), (2) or (3) shall knowingly and publicly disclose such data; and all such data shall be immune from legal process, shall not be subject to sub- poena or other discovery, shall be inadmissible in evi- dence, and shall not be used, relied on, or disclosed in any manner, nor shall testimony or other evidence be permitted based on the data, in a civil action in any State (including the District of Columbia) or Federal court or in an administrative proceeding other than a proceeding commenced by the Bureau of Alcohol, To- bacco, Firearms and Explosives to enforce the provi- sions of chapter 44 of such title, or a review of such an action or proceeding; except that this proviso shall not be construed to prevent: (A) the disclosure of statis- tical information concerning total production, impor- tation, 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); (B) the sharing or exchange of such information among and between Federal, State, local, or foreign law enforcement agencies, Federal, State, or local pros- ecutors, and Federal national security, intelligence, or counterterrorism officials; or (C) the publication of an- nual statistical reports on products regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, including total production, importation, and expor- tation by each licensed importer (as so defined) and li- censed manufacturer (as so defined), or statistical ag- gregate data regarding firearms traffickers and traf- ficking channels, or firearms misuse, felons, and traf- ficking investigations’’. Similar provisions were contained in the following prior appropriation acts: Pub. L. 111–117, div. B, title II, Dec. 16, 2009, 123 Stat. 3128. Pub. L. 111–8, div. B, title II, Mar. 11, 2009, 123 Stat. 575. Pub. L. 110–161, div. B, title II, Dec. 26, 2007, 121 Stat. 1903. Pub. L. 109–108, title I, Nov. 22, 2005, 119 Stat. 2295. Pub. L. 108–447, div. B, title I, Dec. 8, 2004, 118 Stat. 2859. § 924. Penalties (a)(1) Except as otherwise provided in this sub- section, subsection (b), (c), (f), or (p) of this sec- tion, or in section 929, whoever— (A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter; (B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922; (C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(l); or (D) willfully violates any other provision of this chapter, shall be fined under this title, imprisoned not more than five years, or both. (2) Whoever knowingly violates subsection (a)(6), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both. (3) Any licensed dealer, licensed importer, li- censed manufacturer, or licensed collector who knowingly— (A) makes any false statement or represen- tation with respect to the information re- quired by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or (B) violates subsection (m) of section 922, shall be fined under this title, imprisoned not more than one year, or both. (4) Whoever violates section 922(q) shall be fined under this title, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprison- ment imposed under this paragraph shall not run concurrently with any other term of impris- onment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(q) shall be deemed to be a misdemeanor. (5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be fined under this title, imprisoned for not more than 1 year, or both. (6)(A)(i) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except that a juvenile described in clause (ii) shall be sentenced to pro- bation on appropriate conditions and shall not be incarcerated unless the juvenile fails to com- ply with a condition of probation. (ii) A juvenile is described in this clause if— (I) the offense of which the juvenile is charged is possession of a handgun or ammuni- tion in violation of section 922(x)(2); and (II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if en- gaged in by an adult would constitute an of- fense. (B) A person other than a juvenile who know- ingly violates section 922(x)— (i) shall be fined under this title, imprisoned not more than 1 year, or both; and (ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a ju-