18 U.S.C. § 922 — Unlawful acts

Page 229 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 (b) Within 110 days of the date of this order, the Sec- retary of Education and the Secretary of Homeland Se- curity, in coordination with the Attorney General, the Secretary of Health and Human Services, and the Sur- geon General, shall develop and publish information on recommended areas for future research that can help inform policymakers, educators, students, parents, and other relevant stakeholders about different types of school-based active-shooter drills, the appropriate fre- quency of such drills, and the effects of such drills on students and educators. This information shall include potential funding sources that could help advance re- search on, and inform improvements to, active-shooter drills. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 922. Unlawful acts (a) It shall be unlawful— (1) for any person— (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign com- merce; or (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, trans- port, or receive any ammunition in inter- state or foreign commerce; (2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any per- son other than a licensed importer, licensed manufacturer, licensed dealer, or licensed col- lector, except that— (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed im- porter, licensed manufacturer, licensed deal- er, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or li- censed collector; (B) this paragraph shall not be held to pre- clude a licensed importer, licensed manufac- turer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and (C) nothing in this paragraph shall be con- strued as applying in any manner in the Dis- trict of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States; (3) for any person, other than a licensed im- porter, licensed manufacturer, licensed dealer, or licensed collector to transport into or re- ceive in the State where he resides (or if the person is a corporation or other business enti- ty, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not pre- clude any person who lawfully acquires a fire- arm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or re- ceipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter; (4) for any person, other than a licensed im- porter, licensed manufacturer, licensed dealer, or licensed collector, to transport in inter- state or foreign commerce any destructive de- vice, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-bar- reled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and ne- cessity; (5) for any person (other than a licensed im- porter, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, li- censed manufacturer, licensed dealer, or li- censed collector) who the transferor knows or has reasonable cause to believe 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; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a be- quest of a firearm to, or an acquisition by in- testate succession of a firearm by, a person who is permitted to acquire or possess a fire- arm under the laws of the State of his resi- dence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; (6) for any person in connection with the ac- quisition or attempted acquisition of any fire- arm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or li- censed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or mis- represented identification, intended or likely Page 230 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 1 So in original. Probably should be followed with ‘‘and’’. to deceive such importer, manufacturer, deal- er, or collector with respect to any fact mate- rial to the lawfulness of the sale or other dis- position of such firearm or ammunition under the provisions of this chapter; (7) for any person to manufacture or import armor piercing ammunition, unless— (A) the manufacture of such ammunition is for the use of the United States, any de- partment or agency of the United States, any State, or any department, agency, or po- litical subdivision of a State; (B) the manufacture of such ammunition is for the purpose of exportation; or (C) the manufacture or importation of such ammunition is for the purpose of test- ing or experimentation and has been author- ized by the Attorney General; (8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery— (A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or po- litical subdivision of a State; (B) is for the purpose of exportation; or (C) is for the purpose of testing or experi- mentation and has been authorized by the Attorney General; 1 (9) for any person, other than a licensed im- porter, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes. (b) It shall be unlawful for any licensed im- porter, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver— (1) any firearm or ammunition to any indi- vidual who the licensee knows or has reason- able cause to believe is less than eighteen years of age, and, if the firearm, or ammuni- tion is other than a shotgun or rifle, or ammu- nition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age; (2) any firearm to any person in any State where the purchase or possession by such per- son of such firearm would be in violation of any State law or any published ordinance ap- plicable at the place of sale, delivery or other disposition, unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such published ordinance; (3) any firearm to any person who the li- censee knows or has reasonable cause to be- lieve 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 licensee’s place of business is lo- cated, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully com- ply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for pur- poses of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published or- dinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes; (4) to any person any destructive device, ma- chinegun (as defined in section 5845 of the In- ternal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as spe- cifically authorized by the Attorney General consistent with public safety and necessity; and (5) any firearm or armor-piercing ammuni- tion to any person unless the licensee notes in his records, required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity. Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, and licensed collectors. Paragraph (4) of this subsection shall not apply to a sale or deliv- ery to any research organization designated by the Attorney General. (c) In any case not otherwise prohibited by this chapter, a licensed importer, licensed man- ufacturer, or licensed dealer may sell a firearm to a person who does not appear in person at the licensee’s business premises (other than another licensed importer, manufacturer, or dealer) only if— (1) the transferee submits to the transferor a sworn statement in the following form: ‘‘Subject to penalties provided by law, I swear that, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age; that I am not prohibited by the provisions of chapter 44 of title 18, United States Code, from receiving a firearm in interstate or foreign commerce; and that my receipt of this firearm will not be in viola- tion of any statute of the State and pub- lished ordinance applicable to the locality in which I reside. Further, the true title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered are llllllllllll lllllllllllllllllllllll Signature lllllllll Date llll.’’ and containing blank spaces for the attach- ment of a true copy of any permit or other in- formation required pursuant to such statute or published ordinance; (2) the transferor has— (A) prior to the shipment or delivery of the firearm, forwarded a copy of the sworn state- ment, together with a description of the fire- arm, in a form prescribed by the Attorney General, to the chief law enforcement officer of the transferee’s place of residence, by— Page 231 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 2 So in original. The word ‘‘who’’ probably should not appear. (i) registered or certified mail (return re- ceipt requested); or (ii) verified electronic notification; and (B)(i) with respect to a delivery method de- scribed in subparagraph (A)(i)— (I) received a return receipt evidencing delivery of the statement; or (II) had the statement returned due to the refusal of the named addressee to ac- cept such letter in accordance with United States Post Office Department regula- tions; or (ii) with respect to a delivery method de- scribed in subparagraph (A)(ii), received a return receipt evidencing delivery of the statement; and (3) the transferor has delayed shipment or delivery for a period of at least seven days fol- lowing receipt of the notification of the ac- ceptance or refusal of delivery of the state- ment. A copy of the sworn statement and a copy of the notification to the local law enforcement offi- cer, together with evidence of receipt or rejec- tion of that notification shall be retained by the licensee as a part of the records required to be kept under section 923(g). (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammuni- tion to any person knowing or having reasonable cause to believe that such person, including as a juvenile— (1) is under indictment for, or has been con- victed in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defec- tive or has been committed to any mental in- stitution at 16 years of age or older; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(26))); (6) who 2 has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such per- son or child of such intimate partner or per- son, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; (9) has been convicted in any court of a mis- demeanor crime of domestic violence; (10) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking offense (as such terms are defined in section 932(a)); or (11) intends to sell or otherwise dispose of the firearm or ammunition to a person de- scribed in any of paragraphs (1) through (10). This subsection shall not apply with respect to the sale or disposition of a firearm or ammuni- tion to a licensed importer, licensed manufac- turer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammuni- tion, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925. (e) It shall be unlawful for any person know- ingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, li- censed manufacturers, licensed dealers, or li- censed collectors, any package or other con- tainer in which there is any firearm or ammuni- tion without written notice to the carrier that such firearm or ammunition is being trans- ported or shipped; except that any passenger who owns or legally possesses a firearm or am- munition being transported aboard any common or contract carrier for movement with the pas- senger in interstate or foreign commerce may deliver said firearm or ammunition into the cus- tody of the pilot, captain, conductor or operator of such common or contract carrier for the dura- tion of the trip without violating any of the pro- visions of this chapter. 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 con- tains a firearm. (f)(1) It shall be unlawful for any common or contract carrier to transport or deliver in inter- state or foreign commerce any firearm or am- munition with knowledge or reasonable cause to believe that the shipment, transportation, or re- ceipt thereof would be in violation of the provi- sions of this chapter. (2) It shall be unlawful for any common or contract carrier to deliver in interstate or for- eign commerce any firearm without obtaining written acknowledgement of receipt from the re- cipient of the package or other container in which there is a firearm. (g) It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; Page 232 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) who has been adjudicated as a mental de- fective or who has been committed to a men- tal institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(26))); (6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) who is subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other con- duct that would place an intimate partner in reasonable fear of bodily injury to the part- ner or child; and (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign com- merce, or possess in or affecting commerce, any firearm or ammunition; or to receive any fire- arm or ammunition which has been shipped or transported in interstate or foreign commerce. (h) It shall be unlawful for any individual, who to that individual’s knowledge and while being employed for any person described in any para- graph of subsection (g) of this section, in the course of such employment— (1) to receive, possess, or transport any fire- arm or ammunition in or affecting interstate or foreign commerce; or (2) to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (i) It shall be unlawful for any person to trans- port or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, know- ing or having reasonable cause to believe that the firearm or ammunition was stolen. (j) It shall be unlawful for any person to re- ceive, possess, conceal, store, barter, sell, or dis- pose of any stolen firearm or stolen ammuni- tion, 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 con- stitutes, or which has been shipped or trans- ported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen. (k) It shall be unlawful for any person know- ingly to transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered or to possess or receive any firearm which has had the import- er’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or for- eign commerce. (l) Except as provided in section 925(d) of this chapter, it shall be unlawful for any person knowingly to import or bring into the United States or any possession thereof any firearm or ammunition; and it shall be unlawful for any person knowingly to receive any firearm or am- munition which has been imported or brought into the United States or any possession thereof in violation of the provisions of this chapter. (m) It shall be unlawful for any licensed im- porter, licensed manufacturer, licensed dealer, or licensed collector knowingly to make any false entry in, to fail to make appropriate entry in, or to fail to properly maintain, any record which he is required to keep pursuant to section 923 of this chapter or regulations promulgated thereunder. (n) It shall be unlawful for any person who is under indictment for a crime punishable by im- prisonment for a term exceeding one year to ship or transport in interstate or foreign com- merce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. (2) This subsection does not apply with respect to— (A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivi- sion thereof; or (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect. (p)(1) It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm— (A) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or (B) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrica- tion of the component. (2) For purposes of this subsection— Page 233 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 3 So in original. Probably should be followed by ‘‘of’’. (A) the term ‘‘firearm’’ does not include the frame or receiver of any such weapon; (B) the term ‘‘major component’’ means, with respect to a firearm, the barrel, the slide or cylinder, or the frame or receiver of the firearm; and (C) the term ‘‘Security Exemplar’’ means an object, to be fabricated at the direction of the Attorney General, that is— (i) constructed of, during the 12-month pe- riod beginning on the date of the enactment of this subsection, 3.7 ounces of material type 17–4 PH stainless steel in a shape re- sembling a handgun; and (ii) suitable for testing and calibrating metal detectors: Provided, however, That at the close of such 12- month period, and at appropriate times there- after the Attorney General shall promulgate regulations to permit the manufacture, impor- tation, sale, shipment, delivery, possession, transfer, or receipt of firearms previously pro- hibited under this subparagraph that are as detectable as a ‘‘Security Exemplar’’ which contains 3.7 ounces of material type 17–4 PH stainless steel, in a shape resembling a hand- gun, or such lesser amount as is detectable in view of advances in state-of-the-art develop- ments in weapons detection technology. (3) Under such rules and regulations as the At- torney General shall prescribe, this subsection shall not apply to the manufacture, possession, transfer, receipt, shipment, or delivery of a fire- arm by a licensed manufacturer or any person acting pursuant to a contract with a licensed manufacturer, for the purpose of examining and testing such firearm to determine whether para- graph (1) applies to such firearm. The Attorney General shall ensure that rules and regulations adopted pursuant to this paragraph do not im- pair the manufacture of prototype firearms or the development of new technology. (4) The Attorney General shall permit the con- ditional importation of a firearm by a licensed importer or licensed manufacturer, for examina- tion and testing to determine whether or not the unconditional importation of such firearm would violate this subsection. (5) This subsection shall not apply to any fire- arm which— (A) has been certified by the Secretary of Defense or the Director of Central Intel- ligence, after consultation with the Attorney General and the Administrator of the Federal Aviation Administration, as necessary for military or intelligence applications; and (B) is manufactured for and sold exclusively to military or intelligence agencies of the United States. (6) This subsection shall not apply with re- spect to any firearm manufactured in, imported into, or possessed in the United States before the date of the enactment of the Undetectable Firearms Act of 1988. (q)(1) The Congress finds and declares that— (A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem; (B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs; (C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary 3 the House of Representatives and the Committee on the Ju- diciary of the Senate; (D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce; (E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may de- cline to send their children to school for the same reason; (F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country; (G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States; (H) States, localities, and school systems find it almost impossible to handle gun-re- lated crime by themselves—even States, local- ities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and (I) the Congress has the power, under the interstate commerce clause and other provi- sions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection. (2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. (B) Subparagraph (A) does not apply to the possession of a firearm— (i) on private property not part of school grounds; (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivi- sion of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law en- forcement authorities of the State or political subdivision verify that the individual is quali- fied under law to receive the license; (iii) that is— (I) not loaded; and (II) in a locked container, or a locked fire- arms rack that is on a motor vehicle; (iv) by an individual for use in a program ap- proved by a school in the school zone; (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; Page 234 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 (vi) by a law enforcement officer acting in his or her official capacity; or (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or pri- vate lands open to hunting, if the entry on school premises is authorized by school au- thorities. (3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of an- other, to discharge or attempt to discharge a firearm that has moved in or that otherwise af- fects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm— (i) on private property not part of school grounds; (ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program; (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or (iv) by a law enforcement officer acting in his or her official capacity. (4) Nothing in this subsection shall be con- strued as preempting or preventing a State or local government from enacting a statute estab- lishing gun free school zones as provided in this subsection. (r) It shall be unlawful for any person to as- semble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adapt- able to sporting purposes except that this sub- section shall not apply to— (1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufac- turer to the United States or any department or agency thereof or to any State or any de- partment, agency, or political subdivision thereof; or (2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General. (s)(1) Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun (other than the return of a handgun to the person from whom it was re- ceived) to an individual who is not licensed under section 923, unless— (A) after the most recent proposal of such transfer by the transferee— (i) the transferor has— (I) received from the transferee a state- ment of the transferee containing the in- formation described in paragraph (3); (II) verified the identity of the transferee by examining the identification document presented; (III) within 1 day after the transferee furnishes the statement, provided notice of the contents of the statement to the chief law enforcement officer of the place of res- idence of the transferee; and (IV) within 1 day after the transferee fur- nishes the statement, transmitted a copy of the statement to the chief law enforce- ment officer of the place of residence of the transferee; and (ii)(I) 5 business days (meaning days on which State offices are open) have elapsed from the date the transferor furnished no- tice of the contents of the statement to the chief law enforcement officer, during which period the transferor has not received infor- mation from the chief law enforcement offi- cer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or (II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law; (B) the transferee has presented to the trans- feror a written statement, issued by the chief law enforcement officer of the place of resi- dence of the transferee during the 10-day pe- riod ending on the date of the most recent pro- posal of such transfer by the transferee, stat- ing that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee; (C)(i) the transferee has presented to the transferor a permit that— (I) allows the transferee to possess or ac- quire a handgun; and (II) was issued not more than 5 years ear- lier by the State in which the transfer is to take place; and (ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the infor- mation available to such official does not indi- cate that possession of a handgun by the transferee would be in violation of the law; (D) the law of the State requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 923, an authorized government official verify that the information available to such official does not indicate that posses- sion of a handgun by the transferee would be in violation of law; (E) the Attorney General has approved the transfer under section 5812 of the Internal Rev- enue Code of 1986; or (F) on application of the transferor, the At- torney General has certified that compliance with subparagraph (A)(i)(III) is impracticable because— (i) the ratio of the number of law enforce- ment officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not ex- ceed 0.0025; (ii) the business premises of the transferor at which the transfer is to occur are ex- Page 235 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 4 See References in Text note below. tremely remote in relation to the chief law enforcement officer; and (iii) there is an absence of telecommuni- cations facilities in the geographical area in which the business premises are located. (2) A chief law enforcement officer to whom a transferor has provided notice pursuant to para- graph (1)(A)(i)(III) shall make a reasonable ef- fort to ascertain within 5 business days whether receipt or possession would be in violation of the law, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General. (3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only— (A) the name, address, and date of birth ap- pearing on a valid identification document (as defined in section 1028(d)(1) 4) of the transferee containing a photograph of the transferee and a description of the identification used; (B) a statement that the transferee— (i) is not under indictment for, and has not been convicted in any court of, a crime pun- ishable by imprisonment for a term exceed- ing 1 year, and has not been convicted in any court of a misdemeanor crime of domestic violence; (ii) is not a fugitive from justice; (iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act); (iv) has not been adjudicated as a mental defective or been committed to a mental in- stitution; (v) is not an alien who— (I) is illegally or unlawfully in the United States; or (II) subject to subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); (vi) has not been discharged from the Armed Forces under dishonorable condi- tions; and (vii) is not a person who, having been a cit- izen of the United States, has renounced such citizenship; (C) the date the statement is made; and (D) notice that the transferee intends to ob- tain a handgun from the transferor. (4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall, within 1 business day after receipt of such request, communicate any information related to the transfer that the transferor has about the transfer and the transferee to— (A) the chief law enforcement officer of the place of business of the transferor; and (B) the chief law enforcement officer of the place of residence of the transferee. (5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such in- formation except to the transferee, to law en- forcement authorities, or pursuant to the direc- tion of a court of law. (6)(A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun trans- action, and shall retain evidence that the trans- feror has complied with subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to the state- ment. (B) Unless the chief law enforcement officer to whom a statement is transmitted under para- graph (1)(A)(i)(IV) determines that a transaction would violate Federal, State, or local law— (i) the officer shall, within 20 business days after the date the transferee made the state- ment on the basis of which the notice was pro- vided, destroy the statement, any record con- taining information derived from the state- ment, and any record created as a result of the notice required by paragraph (1)(A)(i)(III); (ii) the information contained in the state- ment shall not be conveyed to any person ex- cept a person who has a need to know in order to carry out this subsection; and (iii) the information contained in the state- ment shall not be used for any purpose other than to carry out this subsection. (C) If a chief law enforcement officer deter- mines that an individual is ineligible to receive a handgun and the individual requests the offi- cer to provide the reason for such determina- tion, the officer shall provide such reasons to the individual in writing within 20 business days after receipt of the request. (7) A chief law enforcement officer or other person responsible for providing criminal his- tory background information pursuant to this subsection shall not be liable in an action at law for damages— (A) for failure to prevent the sale or transfer of a handgun to a person whose receipt or pos- session of the handgun is unlawful under this section; or (B) for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun. (8) For purposes of this subsection, the term ‘‘chief law enforcement officer’’ means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. (9) The Attorney General shall take necessary actions to ensure that the provisions of this sub- section are published and disseminated to li- censed dealers, law enforcement officials, and the public. (t)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Vio- lence Prevention Act that the national instant criminal background check system is estab- lished, a licensed importer, licensed manufac- turer, or licensed dealer shall not transfer a fire- arm to any other person who is not licensed under this chapter, unless— (A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act; Page 236 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 5 So in original. Probably should be followed by a comma. (B)(i) the system provides the licensee with a unique identification number; or (ii) subject to subparagraph (C), 3 business days (meaning a day on which State offices are open) have elapsed since the licensee con- tacted the system, and the system has not no- tified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section, or State, local, or Tribal law; (C) in the case of a person less than 21 years of age, in addition to all other requirements of this chapter— (i) the system provides the licensee with a unique identification number; (ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that cause exists to further investigate a possibly disqualifying juvenile record under sub- section (d); or (iii) in the case of such a person with re- spect to whom the system notifies the li- censee in accordance with clause (ii) that cause exists to further investigate a possibly disqualifying juvenile record under sub- section (d), 10 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the sys- tem, and the system has not notified the li- censee that— (I) transferring the firearm to the other person would violate subsection (d) of this section; or (II) receipt of a firearm by the other per- son would violate subsection (g) or (n) of this section, or State, local, or Tribal law; and (D) the transferor has verified the identity of the transferee by examining a valid identi- fication document (as defined in section 1028(d) of this title) of the transferee con- taining a photograph of the transferee. (2) If transfer or receipt of a firearm would not violate subsection (d), (g), or (n) (as applicable) or State, local or Tribal law, the system shall— (A) assign a unique identification number to the transfer; (B) provide the licensee with the number; and (C) destroy all records of the system with re- spect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer. (3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if— (A)(i) such other person has presented to the licensee a permit that— (I) allows such other person to possess or acquire a firearm; and (II) was issued not more than 5 years ear- lier by the State in which the transfer is to take place; and (ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the infor- mation available to such official does not indi- cate that possession of a firearm by such other person would be in violation of law; (B) the Attorney General has approved the transfer under section 5812 of the Internal Rev- enue Code of 1986; or (C) on application of the transferor, the At- torney General has certified that compliance with paragraph (1)(A) is impracticable be- cause— (i) the ratio of the number of law enforce- ment officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not ex- ceed 0.0025; (ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforce- ment officer (as defined in subsection (s)(8)); and (iii) there is an absence of telecommuni- cations facilities in the geographical area in which the business premises are located. (4) If the national instant criminal back- ground check system notifies the licensee that the information available to the system does not demonstrate that the transfer of a firearm to or receipt of a firearm by such other person would violate subsection (d), (g), or (n) (as appli- cable) or State 5 local, or Tribal law, and the li- censee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number pro- vided by the system with respect to the transfer. (5) If the licensee knowingly transfers a fire- arm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal back- ground check system was operating and infor- mation was available to the system dem- onstrating that transfer of a firearm to or re- ceipt of a firearm by such other person would violate subsection (d), (g), or (n) (as applicable) of this section or State 5 local, or Tribal law, the Attorney General may, after notice and oppor- tunity for a hearing, suspend for not more than 6 months or revoke any license issued to the li- censee under section 923, and may impose on the licensee a civil fine of not more than $5,000. (6) Neither a local government nor an em- ployee of the Federal Government or of any State or local government, responsible for pro- viding information to the national instant criminal background check system shall be lia- ble in an action at law for damages— (A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or pos- session of the firearm is unlawful under this section; or (B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm. (u) It shall be unlawful for a person to steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing, manufac- Page 237 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 turing, or dealing in firearms, any firearm in the licensee’s business inventory that has been shipped or transported in interstate or foreign commerce. [(v), (w) Repealed. Pub. L. 103–322, title XI, § 110105(2), Sept. 13, 1994, 108 Stat. 2000.] (x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile— (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (2) It shall be unlawful for any person who is a juvenile to knowingly possess— (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (3) This subsection does not apply to— (A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juve- nile if the handgun and ammunition are pos- sessed and used by the juvenile— (i) in the course of employment, in the course of ranching or farming related to ac- tivities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; (ii) with the prior written consent of the juvenile’s parent or guardian who is not pro- hibited by Federal, State, or local law from possessing a firearm, except— (I) during transportation by the juvenile of an unloaded handgun in a locked con- tainer directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transpor- tation by the juvenile of that handgun, un- loaded and in a locked container, directly from the place at which such an activity took place to the transferor; or (II) with respect to ranching or farming activities as described in clause (i), a juve- nile may possess and use a handgun or am- munition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm; (iii) the juvenile has the prior written con- sent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and (iv) in accordance with State and local law; (B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a hand- gun in the line of duty; (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or (D) the possession of a handgun or ammuni- tion by a juvenile taken in defense of the juve- nile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. (4) A handgun or ammunition, the possession of which is transferred to a juvenile in cir- cumstances in which the transferor is not in vio- lation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently be- comes unlawful because of the conduct of the ju- venile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. (5) For purposes of this subsection, the term ‘‘juvenile’’ means a person who is less than 18 years of age. (6)(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guard- ian at all proceedings. (B) The court may use the contempt power to enforce subparagraph (A). (C) The court may excuse attendance of a par- ent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown. (y) PROVISIONS RELATING TO ALIENS ADMITTED UNDER NONIMMIGRANT VISAS.— (1) DEFINITIONS.—In this subsection— (A) the term ‘‘alien’’ has the same mean- ing as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); and (B) the term ‘‘nonimmigrant visa’’ has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)). (2) EXCEPTIONS.—Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is— (A) admitted to the United States for law- ful hunting or sporting purposes or is in pos- session of a hunting license or permit law- fully issued in the United States; (B) an official representative of a foreign government who is— (i) accredited to the United States Gov- ernment or the Government’s mission to an international organization having its headquarters in the United States; or (ii) en route to or from another country to which that alien is accredited; (C) an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or (D) a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business. (3) WAIVER.— (A) CONDITIONS FOR WAIVER.—Any indi- vidual who has been admitted to the United States under a nonimmigrant visa may re- ceive a waiver from the requirements of sub- section (g)(5), if— (i) the individual submits to the Attor- ney General a petition that meets the re- quirements of subparagraph (C); and Page 238 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 (ii) the Attorney General approves the petition. (B) PETITION.—Each petition under sub- paragraph (B) shall— (i) demonstrate that the petitioner has resided in the United States for a contin- uous period of not less than 180 days before the date on which the petition is sub- mitted under this paragraph; and (ii) include a written statement from the embassy or consulate of the petitioner, au- thorizing the petitioner to acquire a fire- arm or ammunition and certifying that the alien would not, absent the application of subsection (g)(5)(B), otherwise be pro- hibited from such acquisition under sub- section (g). (C) APPROVAL OF PETITION.—The Attorney General shall approve a petition submitted in accordance with this paragraph, if the At- torney General determines that waiving the requirements of subsection (g)(5)(B) with re- spect to the petitioner— (i) would be in the interests of justice; and (ii) would not jeopardize the public safe- ty. (z) SECURE GUN STORAGE OR SAFETY DEVICE.— (1) IN GENERAL.—Except as provided under paragraph (2), it shall be unlawful for any li- censed importer, licensed manufacturer, or li- censed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the trans- feree is provided with a secure gun storage or safety device (as defined in section 921(a)(34)) for that handgun. (2) EXCEPTIONS.—Paragraph (1) shall not apply to— (A)(i) the manufacture for, transfer to, or possession by, the United States, a depart- ment or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; or (ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off duty); or (B) the transfer to, or possession by, a rail police officer directly employed by or con- tracted by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off duty); (C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 921(a)(13); or (D) the transfer to any person of a hand- gun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun. (3) LIABILITY FOR USE.— (A) IN GENERAL.—Notwithstanding any other provision of law, a person who has law- ful possession and control of a handgun, and who uses a secure gun storage or safety de- vice with the handgun, shall be entitled to immunity from a qualified civil liability ac- tion. (B) PROSPECTIVE ACTIONS.—A qualified civil liability action may not be brought in any Federal or State court. (C) DEFINED TERM.—As used in this para- graph, the term ‘‘qualified civil liability ac- tion’’— (i) means a civil action brought by any person against a person described in sub- paragraph (A) for damages resulting from the criminal or unlawful misuse of the handgun by a third party, if— (I) the handgun was accessed by an- other person who did not have the per- mission or authorization of the person having lawful possession and control of the handgun to have access to it; and (II) at the time access was gained by the person not so authorized, the hand- gun had been made inoperable by use of a secure gun storage or safety device; and (ii) shall not include an action brought against the person having lawful posses- sion and control of the handgun for neg- ligent entrustment or negligence per se. [APPENDIX A Repealed. Pub. L. 103–322, title XI, § 110105(2), Sept. 13, 1994, 108 Stat. 2000] (Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 228; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1216; Pub. L. 97–377, title I, § 165(a), Dec. 21, 1982, 96 Stat. 1923; Pub. L. 99–308, § 102, May 19, 1986, 100 Stat. 451; Pub. L. 99–408, § 2, Aug. 28, 1986, 100 Stat. 920; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–649, § 2(a), (f)(2)(A), Nov. 10, 1988, 102 Stat. 3816, 3818; Pub. L. 100–690, title VII, § 7060(c), Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101–647, title XVII, § 1702(b)(1), title XXII, §§ 2201, 2202, 2204(b), title XXXV, § 3524, Nov. 29, 1990, 104 Stat. 4844, 4856, 4857, 4924; Pub. L. 103–159, title I, § 102(a)(1), (b), title III, § 302(a)–(c), Nov. 30, 1993, 107 Stat. 1536, 1539, 1545; Pub. L. 103–322, title XI, §§ 110102(a), 110103(a), 110105(2), 110106, 110201(a), 110401(b), (c), 110511, 110514, title XXXII, §§ 320904, 320927, title XXXIII, § 330011(i), Sept. 13, 1994, 108 Stat. 1996, 1998, 2000, 2010, 2014, 2019, 2125, 2131, 2145; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, §§ 657, 658(b)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–369, 3009–372; Pub. L. 104–294, title VI, § 603(b), (c)(1), (d)–(f)(1), (g), Oct. 11, 1996, 110 Stat. 3503, 3504; Pub. L. 105–277, div. A, § 101(b) [title I, § 121], Oct. 21, 1998, 112 Stat. 2681–50, 2681–71; Pub. L. 107–273, div. B, title IV, § 4003(a)(1), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 107–296, title XI, § 1112(f)(4), (6), Nov. 25, 2002, 116 Stat. 2276; Pub. L. 109–92, §§ 5(c)(1), 6(a), Oct. 26, 2005, 119 Stat. 2099, 2101; Pub. L. 114–94, div. A, title XI, § 11412(c)(2), Dec. 4, 2015, 129 Stat. 1688; Pub. L. 117–103, div. W, title XI, § 1104(b), Mar. 15, 2022, 136 Stat. 921; Pub. L. 117–159, div. A, title II, §§ 12001(a)(1), (3), 12004(b), June 25, 2022, 136 Stat. 1322, 1324, 1329; Pub. L. 118–159, div. E, title LII, § 5211(b), Dec. 23, 2024, 138 Stat. 2444.) Page 239 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 AMENDMENT OF SECTION For repeal of amendment by section 12001(a)(3) of Pub. L. 117–159, see Effective and Termination Dates of 2022 Amendment note below. Pub. L. 100–649, § 2(f)(2)(A), Nov. 10, 1988, 102 Stat. 3818, as amended by Pub. L. 105–277, div. A, § 101(h) [title VI, § 649], Oct. 21, 1998, 112 Stat. 2681–480, 2681–528; Pub. L. 108–174, § 1(1), Dec. 9, 2003, 117 Stat. 2481; Pub. L. 113–57, § 1, Dec. 9, 2013, 127 Stat. 656, provided that, effec- tive on Mar. 8, 2031, subsection (p) of this sec- tion is repealed. Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (a)(3), is December 16, 1968. Section 5845 of the Internal Revenue Code of 1986, re- ferred to in subsecs. (a)(4) and (b)(4), is classified to sec- tion 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), respec- tively, 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, re- ferred 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 Preven- tion Act, referred to in subsec. (t)(1), is section 103 of Pub. L. 103–159, which is classified to section 40901 of Title 34, Crime Control and Law Enforcement. AMENDMENTS 2024—Subsec. (c)(2). Pub. L. 118–159 added par. (2) and struck out former par. (2) which read as follows: ‘‘the transferor has, prior to the shipment or delivery of the firearm, forwarded by registered or certified mail (re- turn receipt requested) a copy of the sworn statement, together with a description of the firearm, in a form prescribed by the Attorney General, to the chief law enforcement officer of the transferee’s place of resi- dence, and has received a return receipt evidencing de- livery of the statement or has had the statement re- turned due to the refusal of the named addressee to ac- cept such letter in accordance with United States Post Office Department regulations; and’’. 2022—Subsec. (d). Pub. L. 117–159, § 12004(b)(3), in con- cluding provisions, substituted ‘‘This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not pre- cluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.’’ for ‘‘This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or li- censed collector who pursuant to subsection (b) of sec- tion 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of this chapter.’’ Pub. L. 117–159, § 12001(a)(1)(A)(i), inserted ‘‘, including as a juvenile’’ after ‘‘such person’’ in in- troductory provisions. Subsec. (d)(4). Pub. L. 117–159, § 12001(a)(1)(A)(ii), in- serted ‘‘at 16 years of age or older’’ after ‘‘institution’’. Subsec. (d)(10), (11). Pub. L. 117–159, § 12004(b), added pars. (10) and (11). Subsec. (t)(1)(B)(ii). Pub. L. 117–159, § 12001(a)(1)(B)(i)(I)(aa), (3), temporarily inserted ‘‘sub- ject to subparagraph (C),’’ before ‘‘3 business days’’. See Effective and Termination Dates of 2022 Amendment note below. Pub. L. 117–103, § 1104(b)(1), inserted ‘‘, or State, local, or Tribal law’’ after ‘‘subsection (g) or (n) of this sec- tion’’. Subsec. (t)(1)(C), (D). Pub. L. 117–159, § 12001(a)(1)(B)(i)(I)(bb)–(III), (3), temporarily added sub- par. (C) and redesignated former subpar. (C) as (D). See Effective and Termination Dates of 2022 Amendment note below. Subsec. (t)(2). Pub. L. 117–159, § 12001(a)(1)(B)(ii), (3), temporarily inserted ‘‘transfer or’’ before ‘‘receipt’’ and substituted ‘‘(d), (g), or (n) (as applicable)’’ for ‘‘(g) or (n)’’ in introductory provisions. See Effective and Ter- mination Dates of 2022 Amendment note below. Pub. L. 117–103, § 1104(b)(2), inserted ‘‘, local or Trib- al’’ after ‘‘State’’ in introductory provisions. Subsec. (t)(4). Pub. L. 117–159, § 12001(a)(1)(B)(iii), (3), temporariy inserted ‘‘transfer of a firearm to or’’ before ‘‘receipt’’ and substituted ‘‘(d), (g), or (n) (as applica- ble)’’ for ‘‘(g) or (n)’’. See Effective and Termination Dates of 2022 Amendment note below. Pub. L. 117–103, § 1104(b)(3), inserted ‘‘local, or Tribal’’ after ‘‘State’’. Subsec. (t)(5). Pub. L. 117–159, § 12001(a)(1)(B)(iv), (3), temporarily inserted ‘‘transfer of a firearm to or’’ be- fore ‘‘receipt’’ and substituted ‘‘(d), (g), or (n) (as appli- cable)’’ for ‘‘(g) or (n)’’. See Effective and Termination Dates of 2022 Amendment note below. Pub. L. 117–103, § 1104(b)(4), inserted ‘‘local, or Tribal’’ after ‘‘State’’. 2015—Subsec. (z)(2)(B). Pub. L. 114–94 substituted ‘‘di- rectly employed by or contracted by’’ for ‘‘employed by’’. 2005—Subsec. (a)(7), (8). Pub. L. 109–92, § 6(a), added pars. (7) and (8) and struck out former pars. (7) and (8) which related to prohibitions on the manufacture, im- portation, sale, and delivery of armor piercing ammu- nition. Subsec. (z). Pub. L. 109–92, § 5(c)(1), added subsec. (z). 2002—Subsecs. (a) to (c), (p)(2) to (4). Pub. L. 107–296, § 1112(f)(6), substituted ‘‘Attorney General’’ for ‘‘Sec- retary’’ wherever appearing. Subsec. (p)(5)(A). Pub. L. 107–296, § 1112(f)(4), sub- stituted ‘‘after consultation with the Attorney Gen- eral’’ for ‘‘after consultation with the Secretary’’. Subsecs. (r), (s). Pub. L. 107–296, § 1112(f)(6), sub- stituted ‘‘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, § 1112(f)(6), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ wher- ever appearing. 1998—Subsec. (d)(5). Pub. L. 105–277, § 101(b) [title I, § 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, § 101(b) [title I, § 121(2)], added par. (5) and struck out former par. (5) which read as follows: ‘‘who, being an alien, is illegally or unlaw- fully in the United States;’’. Subsec. (s)(3)(B)(v). Pub. L. 105–277, § 101(b) [title I, § 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;’’. Page 240 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 Subsec. (y). Pub. L. 105–277, § 101(b) [title I, § 121(4)], added subsec. (y). 1996—Pub. L. 104–294, § 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 Fal- con-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, § 101(f) [§ 658(b)(1)], added par. (9). Subsec. (g)(7). Pub. L. 104–208, § 101(f) [§ 658(b)(2)(A)], struck out ‘‘or’’ at end. Subsec. (g)(8)(C)(ii). Pub. L. 104–294, § 603(b), which di- rected the amendment of cl. (ii) by substituting a semi- colon for the comma at end, could not be executed be- cause of the prior amendment by Pub. L. 104–208, § 101(f) [§ 658(b)(2)]. See below. Pub. L. 104–208, § 101(f) [§ 658(b)(2)(B)], substituted ‘‘; or’’ for comma at end. Subsec. (g)(9). Pub. L. 104–208, § 101(f) [§ 658(b)(2)(C)], added par. (9). Subsec. (q). Pub. L. 104–208, § 101(f) [title VI, § 657], amended subsec. (q) generally. Prior to amendment, subsec. (q) made it unlawful, with certain exceptions, for an individual knowingly to possess a firearm at a place that the individual knew, or had reasonable cause to believe, was a school zone or knowingly, or with reckless disregard for the safety of another, to dis- charge or attempt to discharge a firearm at a place that the individual knew was a school zone. Subsec. (s)(1). Pub. L. 104–294, § 603(c)(1), amended di- rectory language of Pub. L. 103–322, § 320927. See 1994 Amendment note below. Subsec. (s)(3)(B)(i). Pub. L. 104–208, § 101(f) [title VI, § 658(b)(3)], inserted ‘‘, and has not been convicted in any court of a misdemeanor crime of domestic vio- lence’’ before the semicolon. Subsec. (t)(2). Pub. L. 104–294, § 603(d), substituted ‘‘subsection (g) or (n)’’ for ‘‘section 922(g) or (n)’’ in in- troductory provisions. Subsec. (w)(4). Pub. L. 104–294, § 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, § 603(f)(1), amended direc- tory language of Pub. L. 103–322, § 110201(a). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 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, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below. Subsec. (a)(9). Pub. L. 103–322, § 110514, added par. (9). Subsec. (b)(1). Pub. L. 103–322, § 330011(i), amended di- rectory language of Pub. L. 101–647, § 3524. See 1990 Amendment note below. Subsec. (d)(8). Pub. L. 103–322, § 110401(b), added par. (8). Subsec. (g)(8). Pub. L. 103–322, § 110401(c), added par. (8). Subsec. (j). Pub. L. 103–322, § 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 fire- arm or stolen ammunition, or pledge or accept as secu- rity for a loan any stolen firearm or stolen ammuni- tion, which is moving as, which is a part of, which con- stitutes, or which has been shipped or transported in, interstate or foreign commerce, knowing or having rea- sonable cause to believe that the firearm or ammuni- tion was stolen.’’ Subsec. (q). Pub. L. 103–322, § 320904, added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respec- tively. Subsec. (s)(1). Pub. L. 103–322, § 320927, as amended by Pub. L. 104–294, § 603(c)(1), inserted ‘‘(other than the re- turn of a handgun to the person from whom it was re- ceived)’’ after ‘‘handgun’’ in introductory provisions. Subsec. (v). Pub. L. 103–322, § 110102(a), which added subsec. (v) prohibiting the manufacture, transfer, or possession of automatic assault weapons, was repealed by Pub. L. 103–322, § 110105(2). See Effective and Termi- nation Dates of 1994 Amendment note below. Subsec. (w). Pub. L. 103–322, § 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, § 110105(2). See Effective and Termi- nation Dates of 1994 Amendment note below. Subsec. (x). Pub. L. 103–322, § 110201(a), as amended by Pub. L. 104–294, § 603(f)(1), added subsec. (x). 1993—Subsec. (e). Pub. L. 103–159, § 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 con- tainer contains a firearm.’’ Subsec. (f). Pub. L. 103–159, § 302(b), designated exist- ing provisions as par. (1) and added par. (2). Subsec. (s). Pub. L. 103–159, § 102(a)(1), added subsec. (s). Subsec. (t). Pub. L. 103–159, § 102(b), added subsec. (t). Subsec. (u). Pub. L. 103–159, § 302(c), added subsec. (u). 1990—Subsec. (a)(5). Pub. L. 101–647, § 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, § 3524, as amended by Pub. L. 103–322, § 330011(i), substituted semicolon for pe- riod at end. Subsec. (j). Pub. L. 101–647, § 2202(a), substituted ‘‘which constitutes, or which has been shipped or trans- ported in’’ for ‘‘or which constitutes’’. Subsec. (k). Pub. L. 101–647, § 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, § 1702(b)(1), added subsec. (q). Subsec. (r). Pub. L. 101–647, § 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, § 102(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘for any person, except a licensed importer, li- censed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms or ammunition, or in the course of such busi- ness to ship, transport, or receive any firearm or am- munition in interstate or foreign commerce;’’. Subsec. (a)(2). Pub. L. 99–308, § 102(2)(A), in provision preceding subpar. (A) struck out ‘‘or ammunition’’ after ‘‘any firearm’’. Subsec. (a)(2)(A). Pub. L. 99–308, § 102(2)(B), sub- stituted ‘‘licensed dealer, or licensed collector’’ for ‘‘or licensed dealer for the sole purpose of repair or custom- izing’’. Subsec. (a)(3)(B). Pub. L. 99–308, § 102(3), substituted ‘‘firearm’’ for ‘‘rifle or shotgun’’ and ‘‘with subsection (b)(3) of this section’’ for ‘‘with the provisions of sub- section (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, § 102(4)(A), struck out ‘‘or ammunition’’ after ‘‘firearm’’ in two places. Subsec. (b)(3)(A). Pub. L. 99–308, § 102(4)(B), inserted a new cl. (A) and struck out former cl. (A) which provided Page 241 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 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 lo- cated 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, com- plied with all of the requirements of section 922(c) ap- plicable to intrastate transactions other than at the li- censee’s business premises,’’. Subsec. (b)(3)(B), (C). Pub. L. 99–308, § 102(4)(C), (D), in- serted ‘‘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 inoper- ative 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 be- came 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 of- ficer of the locality in which such person resides, to whom such licensed dealer shall forward such state- ment 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, § 102(4)(E), substituted ‘‘or armor-piercing ammunition’’ for ‘‘or ammunition except .22 caliber rimfire ammunition’’. Subsec. (d). Pub. L. 99–308, § 102(5)(A), substituted ‘‘person’’ for ‘‘licensed importer, licensed manufac- turer, licensed dealer, or licensed collector’’ in provi- sion preceding par. (1). Subsec. (d)(3). Pub. L. 99–308, § 102(5)(B), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in sec- tion 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, § 102(5)(C), (D), added pars. (5) to (7). Subsec. (g). Pub. L. 99–308, § 102(6)(D), in concluding provision substituted ‘‘in interstate or foreign com- merce, or possess in or affecting commerce, any fire- arm or ammunition; or to receive any firearm or am- munition 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, § 102(6)(A), struck out ‘‘is under indictment for, or who’’ after ‘‘who’’. Subsec. (g)(3). Pub. L. 99–308, § 102(6)(B), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘who is an unlawful user of or addicted to mari- huana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cos- metic 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, § 102(6)(C), added pars. (5) to (7). Subsec. (h). Pub. L. 99–308, § 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 im- prisonment for a term exceeding one year; ‘‘(2) who is a fugitive from justice; ‘‘(3) who is an unlawful user of or addicted to mari- huana or any depressant or stimulant drug (as de- fined 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 institu- tion; to receive any firearm or ammunition which has been shipped or transported in interstate or foreign com- merce.’’ Subsec. (n). Pub. L. 99–308, § 102(8), added subsec. (n). Subsec. (o). Pub. L. 99–308, § 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 provi- sions of this chapter, struck out exemption for the shipment or transportation in interstate or foreign commerce for rifles or shotguns, and inserted exemp- tion 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 exemp- tion for shotguns or rifles purchased or otherwise ob- tained 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 res- idence 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 res- idence acquires a firearm by bequest or interstate suc- cession and transports the firearm or otherwise re- ceives 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 con- formity with the provisions of subsec. (b)(3) of this sec- tion, 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, prohib- ited the transfer, etc., of any firearm when the trans- feror has reasonable cause to believe that the trans- feree resides in a State other than that in which the transferor resides, and substituted provisions which ex- empted the transfer, transportation, or delivery of fire- arms incident to a bequest or intestate succession and the loan or rental of firearms to any person for tem- porary 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 ac- cord with the applicable laws, regulations or ordi- nances 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 ac- quisition 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 shot- gun, 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,’’. Page 242 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 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 speci- fied articles, except as specifically authorized by the Secretary as consistent with public safety and neces- sity, 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), re- designated former subsec. (c) as (d), added licensed col- lectors to the enumerated list of licensees, extended the prohibition against disposal of firearms or ammuni- tion to include the disposal by any person who is an un- lawful user of or addicted to marihuana or any depres- sant, 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 fire- arm’’. 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 transpor- tation or delivery to include ammunition. Former sub- sec. (f) redesignated (h). Subsec. (g). Pub. L. 90–618 redesignated former subsec. (e) as (g) and extended the prohibition against the ship- ment 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 per- son who has been adjudicated a mental defective or has been committed to a mental institution. Former sub- sec. (g) redesignated (i). Subsec. (h). Pub. L. 90–618 redesignated former sub- sec. (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 ad- dicted 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 men- tal institution. Former subsec. (h) redesignated (j). Subsec. (i). Pub. L. 90–618 redesignated former subsec. (g) as (i) and substituted ‘‘that the firearm or ammuni- tion 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 sub- sec. (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 sub- sec. (k) as (m) and added licensed collectors to the enu- merated list of licensees. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 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, § 6(o), Aug. 12, 1970, 84 Stat. 733, set out as a note preceding section 101 of Title 39, Postal Serv- ice. EFFECTIVE AND TERMINATION DATES OF 2022 AMENDMENT Pub. L. 117–159, div. A, title II, § 12001(a)(3), June 25, 2022, 136 Stat. 1324, provided that: ‘‘Effective on Sep- tember 30, 2032, paragraphs (1)(B) and (2) [amending this section and section 40901 of Title 34, Crime Control and Law Enforcement] are repealed, and the provisions of law amended by those paragraphs are restored as if those paragraphs had not been enacted.’’ Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–92, § 5(d), Oct. 26, 2005, 119 Stat. 2101, pro- vided 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 ef- fect 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, Do- mestic Security. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–294, title VI, § 603(c)(2), Oct. 11, 1996, 110 Stat. 3503, 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].’’ Pub. L. 104–294, title VI, § 603(f)(2), Oct. 11, 1996, 110 Stat. 3503, 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].’’ Pub. L. 104–294, title VI, § 603(i)(2), Oct. 11, 1996, 110 Stat. 3504, which provided that the amendment made by section 603(i)(1) of Pub. L. 104–294, which amended provisions that have been editorially reclassified as sections 40302 and 40901 of Title 34, Crime Control and Law Enforcement, was to take effect as if the amend- ment had been included in section 210603(b) of Pub. L. 103–322 on Sept. 13, 1994, was editorially reclassified and is set out as a note under section 40302 of Title 34. 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, Page 243 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922 see section 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 3524 of Pub. L. 101–647 took effect. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 1702(b)(1) of Pub. L. 101–647 ap- plicable 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 sec- tion 921 of this title. EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET PROVISION Pub. L. 100–649, § 2(f), Nov. 10, 1988, 102 Stat. 3818, as amended by Pub. L. 101–647, title XXXV, § 3526(b), Nov. 29, 1990, 104 Stat. 4924; Pub. L. 105–277, div. A, § 101(h) [title VI, § 649], Oct. 21, 1998, 112 Stat. 2681–480, 2681–528; Pub. L. 108–174, § 1, Dec. 9, 2003, 117 Stat. 2481; Pub. L. 113–57, § 1, Dec. 9, 2013, 127 Stat. 656; Pub. L. 118–42, div. G, title III, § 301, Mar. 9, 2024, 138 Stat. 451, 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 on March 8, 2031— ‘‘(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 prohi- bitions 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 ef- fective 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. 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. RULE OF CONSTRUCTION Pub. L. 117–159, div. A, title II, § 12004(k), June 25, 2022, 136 Stat. 1332, provided that: ‘‘Nothing in this section [enacting sections 932 to 934 of this title, amending this section, sections 924, 1956, 1961, and 2516 of this title, section 240 of Title 6, Domestic Security, section 534 of Title 28, Judiciary and Judicial Procedure, and section 40901 of Title 34, Crime Control and Law Enforcement, and enacting provisions set out as notes under sections 509 and 534 of Title 28, listed in a table relating to sen- tencing guidelines set out under section 994 of Title 28, and set out as a note preceding section 41101 of Title 34], or an amendment made by this section, shall be construed to allow the establishment of a Federal sys- tem of registration of firearms, firearms owners, or firearms transactions or dispositions.’’ PURPOSES Pub. L. 109–92, § 5(b), Oct. 26, 2005, 119 Stat. 2099, pro- vided 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 sec- tion 921 of this title] are— ‘‘(1) to promote the safe storage and use of hand- guns 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 pur- poses, 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, § 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 sec- tion 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 li- ability; or ‘‘(ii) establish any standard of care. ‘‘(B) 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, except with re- spect 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 para- graph 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 sec- tion 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, § 511, Nov. 18, 2011, 125 Stat. 632, which prohibited the use of funds appro- priated pursuant to div. B of Pub. L. 112–55 for the im- plementation of any criminal background check sys- tem that does not require the destruction of personally identifying information of persons not prohibited from possessing or receiving firearms, was editorially reclas- sified (along with prior similar provisions) and is set out as a note under section 40901 of Title 34, Crime Con- trol and Law Enforcement. 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, § 210603(a), Sept. 13, 1994, 108 Stat. 2074, which provided that certain amounts au- thorized in sections 40103(b), 40302(2), and 40901(k) of Title 34, Crime Control and Law Enforcement, may be 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