§ 921. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC921]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 921. Definitions
(a) As used in this chapter--
(1) The term ``person'' and the term ``whoever'' include any
individual, corporation, company, association, firm, partnership,
society, or joint stock company.
(2) The term ``interstate or foreign commerce'' includes commerce
between any place in a State and any place outside of that State, or
within any possession of the United States (not including the Canal
Zone) or the District of Columbia, but such term does not include
commerce between places within the same State but through any place
outside of that State. The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, and the possessions of the
United States (not including the Canal Zone).
(3) The term ``firearm'' means (A) any weapon (including a starter
gun) which will or is designed to or may readily be converted to expel a
projectile by the action of an explosive; (B) the frame or receiver of
any such weapon; (C) any firearm muffler or firearm silencer; or (D) any
destructive device. Such term does not include an antique firearm.
(4) The term ``destructive device'' means--
(A) any explosive, incendiary, or poison gas--
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four
ounces,
(iv) missile having an explosive or incendiary charge of
more than one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the
preceding clauses;
(B) any type of weapon (other than a shotgun or a shotgun shell
which the Attorney General finds is generally recognized as
particularly suitable for sporting purposes) by whatever name known
which will, or which may be readily converted to, expel a projectile
by the action of an explosive or other propellant, and which has any
barrel with a bore of more than one-half inch in diameter; and
(C) any combination of parts either designed or intended for use
in converting any device into any destructive device described in
subparagraph (A) or (B) and from which a destructive device may be
readily assembled.
The term ``destructive device'' shall not include any device which is
neither designed nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is redesigned
for use as a signaling, pyrotechnic, line throwing, safety, or similar
device; surplus ordnance sold, loaned, or given by the Secretary of the
Army pursuant to the provisions of section 4684(2), 4685, or 4686 of
title 10; or any other device which the Attorney General finds is not
likely to be used as a weapon, is an antique, or is a rifle which the
owner intends to use solely for sporting, recreational or cultural
purposes.
(5) The term ``shotgun'' means a weapon designed or redesigned, made
or remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of an explosive to fire
through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
(6) The term ``short-barreled shotgun'' means a shotgun having one
or more barrels less than eighteen inches in length and any weapon made
from a shotgun (whether by alteration, modification or otherwise) if
such a weapon as modified has an overall length of less than twenty-six
inches.
(7) The term ``rifle'' means a weapon designed or redesigned, made
or remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of an explosive to fire
only a single projectile through a rifled bore for each single pull of
the trigger.
(8) The term ``short-barreled rifle'' means a rifle having one or
more barrels less than sixteen inches in length and any weapon made from
a rifle (whether by alteration, modification, or otherwise) if such
weapon, as modified, has an overall length of less than twenty-six
inches.
(9) The term ``importer'' means any person engaged in the business
of importing or bringing firearms or ammunition into the United States
for purposes of sale or distribution; and the term ``licensed importer''
means any such person licensed under the provisions of this chapter.
(10) The term ``manufacturer'' means any person engaged in the
business of manufacturing firearms or ammunition for purposes of sale or
distribution; and the term ``licensed manufacturer'' means any such
person licensed under the provisions of this chapter.
(11) The term ``dealer'' means (A) any person engaged in the
business of selling firearms at wholesale or retail, (B) any person
engaged in the business of repairing firearms or of making or fitting
special barrels, stocks, or trigger mechanisms to firearms, or (C) any
person who is a pawnbroker. The term ``licensed dealer'' means any
dealer who is licensed under the provisions of this chapter.
(12) The term ``pawnbroker'' means any person whose business or
occupation includes the taking or receiving, by way of pledge or pawn,
of any firearm as security for the payment or repayment of money.
(13) The term ``collector'' means any person who acquires, holds, or
disposes of firearms as curios or relics, as the Attorney General shall
by regulation define, and the term ``licensed collector'' means any such
person licensed under the provisions of this chapter.
(14) The term ``indictment'' includes an indictment or information
in any court under which a crime punishable by imprisonment for a term
exceeding one year may be prosecuted.
(15) The term ``fugitive from justice'' means any person who has
fled from any State to avoid prosecution for a crime or to avoid giving
testimony in any criminal proceeding.
(16) The term ``antique firearm'' means--
(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if
such replica--
(i) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed
ammunition which is no longer manufactured in the United States
and which is not readily available in the ordinary channels of
commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle
loading pistol, which is designed to use black powder, or a black
powder substitute, and which cannot use fixed ammunition. For
purposes of this subparagraph, the term ``antique firearm'' shall
not include any weapon which incorporates a firearm frame or
receiver, any firearm which is converted into a muzzle loading
weapon, or any muzzle loading weapon which can be readily converted
to fire fixed ammunition by replacing the barrel, bolt, breechblock,
or any combination thereof.
(17)(A) The term ``ammunition'' means ammunition or cartridge cases,
primers, bullets, or propellent powder designed for use in any firearm.
(B) The term ``armor piercing ammunition'' means--
(i) a projectile or projectile core which may be used in a
handgun and which is constructed entirely (excluding the presence of
traces of other substances) from one or a combination of tungsten
alloys, steel, iron, brass, bronze, beryllium copper, or depleted
uranium; or
(ii) a full jacketed projectile larger than .22 caliber designed
and intended for use in a handgun and whose jacket has a weight of
more than 25 percent of the total weight of the projectile.
(C) The term ``armor piercing ammunition'' does not include shotgun
shot required by Federal or State environmental or game regulations for
hunting purposes, a frangible projectile designed for target shooting, a
projectile which the Attorney General finds is primarily intended to be
used for sporting purposes, or any other projectile or projectile core
which the Attorney General finds is intended to be used for industrial
purposes, including a charge used in an oil and gas well perforating
device.
(18) The term ``Attorney General'' means the Attorney General of the
United States \1\
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(19) The term ``published ordinance'' means a published law of any
political subdivision of a State which the Attorney General determines
to be relevant to the enforcement of this chapter and which is contained
on a list compiled by the Attorney General, which list shall be
published in the Federal Register, revised annually, and furnished to
each licensee under this chapter.
(20) The term ``crime punishable by imprisonment for a term
exceeding one year'' does not include--
(A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business practices,
or
(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years or
less.
What constitutes a conviction of such a crime shall be determined in
accordance with the law of the jurisdiction in which the proceedings
were held. Any conviction which has been expunged, or set aside or for
which a person has been pardoned or has had civil rights restored shall
not be considered a conviction for purposes of this chapter, unless such
pardon, expungement, or restoration of civil rights expressly provides
that the person may not ship, transport, possess, or receive firearms.
(21) The term ``engaged in the business'' means--
(A) as applied to a manufacturer of firearms, a person who
devotes time, attention, and labor to manufacturing firearms as a
regular course of trade or business with the principal objective of
livelihood and profit through the sale or distribution of the
firearms manufactured;
(B) as applied to a manufacturer of ammunition, a person who
devotes time, attention, and labor to manufacturing ammunition as a
regular course of trade or business with the principal objective of
livelihood and profit through the sale or distribution of the
ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in section
921(a)(11)(A), a person who devotes time, attention, and labor to
dealing in firearms as a regular course of trade or business with
the principal objective of livelihood and profit through the
repetitive purchase and resale of firearms, but such term shall not
include a person who makes occasional sales, exchanges, or purchases
of firearms for the enhancement of a personal collection or for a
hobby, or who sells all or part of his personal collection of
firearms;
(D) as applied to a dealer in firearms, as defined in section
921(a)(11)(B), a person who devotes time, attention, and labor to
engaging in such activity as a regular course of trade or business
with the principal objective of livelihood and profit, but such term
shall not include a person who makes occasional repairs of firearms,
or who occasionally fits special barrels, stocks, or trigger
mechanisms to firearms;
(E) as applied to an importer of firearms, a person who devotes
time, attention, and labor to importing firearms as a regular course
of trade or business with the principal objective of livelihood and
profit through the sale or distribution of the firearms imported;
and
(F) as applied to an importer of ammunition, a person who
devotes time, attention, and labor to importing ammunition as a
regular course of trade or business with the principal objective of
livelihood and profit through the sale or distribution of the
ammunition imported.
(22) The term ``with the principal objective of livelihood and
profit'' means that the intent underlying the sale or disposition of
firearms is predominantly one of obtaining livelihood and pecuniary
gain, as opposed to other intents, such as improving or liquidating a
personal firearms collection: Provided, That proof of profit shall not
be required as to a person who engages in the regular and repetitive
purchase and disposition of firearms for criminal purposes or terrorism.
For purposes of this paragraph, the term ``terrorism'' means activity,
directed against United States persons, which--
(A) is committed by an individual who is not a national or
permanent resident alien of the United States;
(B) involves violent acts or acts dangerous to human life which
would be a criminal violation if committed within the jurisdiction
of the United States; and
(C) is intended--
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation
or coercion; or
(iii) to affect the conduct of a government by assassination
or kidnapping.
(23) The term ``machinegun'' has the meaning given such term in
section 5845(b) of the National Firearms Act (26 U.S.C. 5845(b)).
(24) The terms ``firearm silencer'' and ``firearm muffler'' mean any
device for silencing, muffling, or diminishing the report of a portable
firearm, including any combination of parts, designed or redesigned, and
intended for use in assembling or fabricating a firearm silencer or
firearm muffler, and any part intended only for use in such assembly or
fabrication.
(25) The term ``school zone'' means--
(A) in, or on the grounds of, a public, parochial or private
school; or
(B) within a distance of 1,000 feet from the grounds of a
public, parochial or private school.
(26) The term ``school'' means a school which provides elementary or
secondary education, as determined under State law.
(27) The term ``motor vehicle'' has the meaning given such term in
section 13102 of title 49, United States Code.
(28) The term ``semiautomatic rifle'' means any repeating rifle
which utilizes a portion of the energy of a firing cartridge to extract
the fired cartridge case and chamber the next round, and which requires
a separate pull of the trigger to fire each cartridge.
(29) The term ``handgun'' means--
(A) a firearm which has a short stock and is designed to be held
and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in
subparagraph (A) can be assembled.
(30) The term ``semiautomatic assault weapon'' means--
(A) any of the firearms, or copies or duplicates of the firearms
in any caliber, known as--
(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to)
the Street Sweeper and Striker 12;
(B) a semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to
accommodate a flash suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to accept a
detachable magazine and has at least 2 of--
(i) an ammunition magazine that attaches to the pistol
outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits the shooter to
hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the
pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and
(D) a semiautomatic shotgun that has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the
action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.
(31) The term ``large capacity ammunition feeding device''--
(A) means a magazine, belt, drum, feed strip, or similar device
manufactured after the date of enactment of the Violent Crime
Control and Law Enforcement Act of 1994 that has a capacity of, or
that can be readily restored or converted to accept, more than 10
rounds of ammunition; but
(B) does not include an attached tubular device designed to
accept, and capable of operating only with, .22 caliber rimfire
ammunition.
(32) The term ``intimate partner'' means, with respect to a person,
the spouse of the person, a former spouse of the person, an individual
who is a parent of a child of the person, and an individual who
cohabitates or has cohabited with the person.
(33)(A) Except as provided in subparagraph (C), the term
``misdemeanor crime of domestic violence'' means an offense that--
(i) is a misdemeanor under Federal or State law; and
(ii) has, as an element, the use or attempted use of physical
force, or the threatened use of a deadly weapon, committed by a
current or former spouse, parent, or guardian of the victim, by a
person with whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim as a spouse,
parent, or guardian, or by a person similarly situated to a spouse,
parent, or guardian of the victim.
(B)(i) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter, unless--
(I) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the case;
and
(II) in the case of a prosecution for an offense described in
this paragraph for which a person was entitled to a jury trial in
the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right
to have the case tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of such
an offense for purposes of this chapter if the conviction has been
expunged or set aside, or is an offense for which the person has been
pardoned or has had civil rights restored (if the law of the applicable
jurisdiction provides for the loss of civil rights under such an
offense) unless the pardon, expungement, or restoration of civil rights
expressly provides that the person may not ship, transport, possess, or
receive firearms.
(34) The term ``secure gun storage or safety device'' means--
(A) a device that, when installed on a firearm, is designed to
prevent the firearm from being operated without first deactivating
the device;
(B) a device incorporated into the design of the firearm that is
designed to prevent the operation of the firearm by anyone not
having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that
is designed to be or can be used to store a firearm and that is
designed to be unlocked only by means of a key, a combination, or
other similar means.
(35) The term ``body armor'' means any product sold or offered for
sale, in interstate or foreign commerce, as personal protective body
covering intended to protect against gunfire, regardless of whether the
product is to be worn alone or is sold as a complement to another
product or garment.
(b) For the purposes of this chapter, a member of the Armed Forces
on active duty is a resident of the State in which his permanent duty
station is located.
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat. 226;
amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82 Stat. 1214;
Pub. L. 93-639, Sec. 102, Jan. 4, 1975, 88 Stat. 2217; Pub. L. 99-308,
Sec. 101, May 19, 1986, 100 Stat. 449; Pub. L. 99-360, Sec. 1(b), July
8, 1986, 100 Stat. 766; Pub. L. 99-408, Sec. 1, Aug. 28, 1986, 100 Stat.
920; Pub. L. 101-647, title XVII, Sec. 1702(b)(2), title XXII,
Sec. 2204(a), Nov. 29, 1990, 104 Stat. 4845, 4857; Pub. L. 103-159,
title I, Sec. 102(a)(2), Nov. 30, 1993, 107 Stat. 1539; Pub. L. 103-322,
title XI, Secs. 110102(b), 110103(b), 110401(a), 110519, title XXXIII,
Sec. 330021(1), Sept. 13, 1994, 108 Stat. 1997, 1999, 2014, 2020, 2150;
Pub. L. 104-88, title III, Sec. 303(1), Dec. 29, 1995, 109 Stat. 943;
Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 658(a)],
Sept. 30, 1996, 110 Stat. 3009-314, 3009-371; Pub. L. 105-277, div. A,
Sec. 101(b) [title I, Sec. 119(a)], (h) [title I, Sec. 115], Oct. 21,
1998, 112 Stat. 2681-50, 2681-69, 2681-480, 2681-490; Pub. L. 107-273,
div. C, title I, Sec. 11009(e)(1), Nov. 2, 2002, 116 Stat. 1821; Pub. L.
107-296, title XI, Sec. 1112(f)(1)-(3), (6), Nov. 25, 2002, 116 Stat.
2276.)
Amendment of Section
For repeal of amendment by section 110105(2) of Pub. L. 103-322,
see Effective and Termination Dates of 1994 Amendment note below.
References in Text
For definition of Canal Zone, referred to in subsec. (a)(2), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
The date of enactment of the Violent Crime Control and Law
Enforcement Act of 1994, referred to in subsec. (a)(31)(A), is the date
of enactment of Pub. L. 103-322, which was approved Sept. 13, 1994.
Amendments
2002--Subsec. (a)(4). Pub. L. 107-296, Sec. 1112(f)(2), substituted
``Attorney General'' for ``Secretary of the Treasury'' in concluding
provisions.
Subsec. (a)(4)(B). Pub. L. 107-296, Sec. 1112(f)(1), substituted
``Attorney General'' for ``Secretary''.
Subsec. (a)(13), (17)(C). Pub. L. 107-296, Sec. 1112(f)(6),
substituted ``Attorney General'' for ``Secretary'' wherever appearing.
Subsec. (a)(18). Pub. L. 107-296, Sec. 1112(f)(3), added par. (18)
and struck out former par. (18) which read as follows: ``The term
`Secretary' or `Secretary of the Treasury' means the Secretary of the
Treasury or his delegate.''
Subsec. (a)(19). Pub. L. 107-296, Sec. 1112(f)(6), substituted
``Attorney General'' for ``Secretary'' in two places.
Subsec. (a)(35). Pub. L. 107-273 added par. (35).
1998--Subsec. (a)(5). Pub. L. 105-277, Sec. 101(h) [title I,
Sec. 115(1)], substituted ``an explosive'' for ``the explosive in a
fixed shotgun shell''.
Subsec. (a)(7). Pub. L. 105-277, Sec. 101(h) [title I, Sec. 115(2)],
substituted ``an explosive'' for ``the explosive in a fixed metallic
cartridge''.
Subsec. (a)(16). Pub. L. 105-277, Sec. 101(h) [title I,
Sec. 115(3)], added par. (16) and struck out former par. (16) which read
as follows: ``The term `antique firearm' means--
``(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; and
``(B) any replica of any firearm described in subparagraph (A)
if such replica--
``(i) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition, or
``(ii) uses rimfire or conventional centerfire fixed
ammunition which is no longer manufactured in the United States
and which is not readily available in the ordinary channels of
commercial trade.''
Subsec. (a)(34). Pub. L. 105-277, Sec. 101(b) [title I,
Sec. 119(a)], added par. (34).
1996--Subsec. (a)(33). Pub. L. 104-208 added par. (33).
1995--Subsec. (a)(27). Pub. L. 104-88 substituted ``section 13102''
for ``section 10102''.
1994--Subsec. (a)(17)(B). Pub. L. 103-322, Sec. 110519, amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
``The term `armor piercing ammunition' means a projectile or projectile
core which may be used in a handgun and which is constructed entirely
(excluding the presence of traces of other substances) from one or a
combination of tungsten alloys, steel, iron, brass, bronze, beryllium
copper, or depleted uranium. Such term does not include shotgun shot
required by Federal or State environmental or game regulations for
hunting purposes, a frangible projectile designed for target shooting, a
projectile which the Secretary finds is primarily intended to be used
for sporting purposes, or any other projectile or projectile core which
the Secretary finds is intended to be used for industrial purposes,
including a charge used in an oil and gas well perforating device.''
Subsec. (a)(17)(C). Pub. L. 103-322, Sec. 110519, added subpar. (C).
Subsec. (a)(22)(C)(iii). Pub. L. 103-322, Sec. 330021(1),
substituted ``kidnapping'' for ``kidnaping''.
Subsec. (a)(30). Pub. L. 103-322, Secs. 110102(b), 110105(2),
temporarily added par. (30). See Effective and Termination Dates of 1994
Amendment note below.
Subsec. (a)(31). Pub. L. 103-322, Secs. 110103(b), 110105(2),
temporarily added par. (31). See Effective and Termination Dates of 1994
Amendment note below.
Subsec. (a)(32). Pub. L. 103-322, Sec. 110401(a), added par. (32).
1993--Subsec. (a)(29). Pub. L. 103-159 added par. (29).
1990--Subsec. (a)(25) to (27). Pub. L. 101-647, Sec. 1702(b)(2),
added pars. (25) to (27).
Subsec. (a)(28). Pub. L. 101-647, Sec. 2204(a), added par. (28).
1986--Subsec. (a)(10). Pub. L. 99-308, Sec. 101(1), substituted
``business of manufacturing'' for ``manufacture of''.
Subsec. (a)(11)(A). Pub. L. 99-308, Sec. 101(2), struck out ``or
ammunition'' after ``firearms''.
Subsec. (a)(12). Pub. L. 99-308, Sec. 101(3), struck out ``or
ammunition'' after ``firearm''.
Subsec. (a)(13). Pub. L. 99-308, Sec. 101(4), struck out ``or
ammunition'' after ``firearms''.
Subsec. (a)(17). Pub. L. 99-408 designated existing provisions as
subpar. (A) and added subpar. (B).
Subsec. (a)(20). Pub. L. 99-308, Sec. 101(5), amended par. (20)
generally. Prior to amendment, par. (20) read as follows: ``The term
`crime punishable by imprisonment for a term exceeding one year' shall
not include (A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business practices as the
Secretary may by regulation designate, or (B) any State offense (other
than one involving a firearm or explosive) classified by the laws of the
State as a misdemeanor and punishable by a term of imprisonment of two
years or less.''
Subsec. (a)(21). Pub. L. 99-308, Sec. 101(6), added par. (21).
Subsec. (a)(22). Pub. L. 99-360 inserted provision that proof of
profit not be required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for criminal purposes or
terrorism and defined terrorism.
Pub. L. 99-308, Sec. 101(6), added par. (22).
Subsec. (a)(23), (24). Pub. L. 99-308, Sec. 101(6), added pars. (23)
and (24).
1975--Subsec. (a)(4). Pub. L. 93-639 substituted ``to use solely for
sporting, recreational or cultural purposes'' for ``to use solely for
sporting purposes''.
1968--Subsec. (a). Pub. L. 90-618 inserted definitions of
``collector'', ``licensed collector'', and ``crime punishable by
imprisonment for a term exceeding one year'', amended definitions of
``person'', ``whoever'', ``interstate or foreign commerce'', ``State'',
``firearm'', ``destructive device'', ``dealer'', ``indictment'',
``fugitive from justice'', ``antique firearm'', ``ammunition'', and
``published ordinance'', and reenacted without change definitions of
``shotgun'', ``short-barreled shotgun'', ``rifle'', ``short-barreled
rifle'', ``importer'', ``licensed importer'', ``manufacturer'',
``licensed manufacturer'', ``licensed dealer'', ``pawnbroker'', and
``Secretary'' or ``Secretary of the Treasury''.
Subsec. (b). Pub. L. 90-618 substituted provisions determining that
a member of the armed forces on active duty is a resident of the State
in which his permanent duty station is located for provisions defining
``firearm'', ``destructive device'', and ``crime punishable by
imprisonment for a term exceeding one year''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Effective Date of 1998 Amendment
Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 119(e)], Oct.
21, 1998, 112 Stat. 2681-50, 2681-70, provided that: ``The amendments
made by this section [amending this section and section 923 of this
title] shall take effect 180 days after the date of enactment of this
Act [Oct. 21, 1998].''
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
Title 49, Transportation.
Effective and Termination Dates of 1994 Amendment
Section 110105 of title XI of Pub. L. 103-322 provided that: ``This
subtitle [subtitle A (Secs. 110101-110106) of title XI of Pub. L. 103-
322, amending this section and sections 922 to 924 of this title and
enacting provisions set out as notes under this section] and the
amendments made by this subtitle--
``(1) shall take effect on the date of the enactment of this Act
[Sept. 13, 1994]; and
``(2) are repealed effective as of the date that is 10 years
after that date.''
Effective Date of 1990 Amendment
Section 1702(b)(4) of Pub. L. 101-647 provided that: ``The
amendments made by this section [amending this section and sections 922
and 924 of this title] shall apply to conduct engaged in after the end
of the 60-day period beginning on the date of the enactment of this Act
[Nov. 29, 1990].''
Effective Date of 1986 Amendments; Publication and Availability of
Compilation of State Laws and Published Ordinances
Section 9 of Pub. L. 99-408 provided that: ``The amendments made by
this Act [amending this section and sections 922, 923, and 929 of this
title and enacting provisions set out as notes under this section] shall
take effect on the date of enactment of this Act [Aug. 28, 1986], except
that sections 3, 4, and 5 [amending section 923 of this title] shall
take effect on the first day of the first calendar month which begins
more than ninety days after the date of the enactment of this Act.''
Section 2 of Pub. L. 99-360 provided that: ``This Act and the
amendments made by this Act [enacting section 926A of this title,
amending this section and section 923 of this title, and repealing
former section 926A of this title], intended to amend the Firearms
Owners' Protection Act [Pub. L. 99-308, see Short Title of 1986
Amendment note below], shall become effective on the date on which the
section they are intended to amend in such Firearms Owners' Protection
Act becomes effective [see section 110 of Pub. L. 99-308 set out below]
and shall apply to the amendments to title 18, United States Code, made
by such Act.''
Section 110 of Pub. L. 99-308 provided that:
``(a) In General.--The amendments made by this Act [enacting section
926A of this title, amending this section, sections 922 to 926 and 929
of this title, and section 5845 of Title 26, Internal Revenue Code,
repealing title VII of Pub. L. 90-351, set out in the Appendix to this
title, and enacting provisions set out as notes under this section]
shall become effective one hundred and eighty days after the date of the
enactment of this Act [May 19, 1986]. Upon their becoming effective, the
Secretary shall publish and provide to all licensees a compilation of
the State laws and published ordinances of which licensees are presumed
to have knowledge pursuant to chapter 44 of title 18, United States
Code, as amended by this Act. All amendments to such State laws and
published ordinances as contained in the aforementioned compilation
shall be published in the Federal Register, revised annually, and
furnished to each person licensed under chapter 44 of title 18, United
States Code, as amended by this Act.
``(b) Pending Actions, Petitions, and Appellate Proceedings.--The
amendments made by sections 103(6)(B), 105, and 107 of this Act
[enacting section 926A of this title and amending sections 923 and 925
of this title] shall be applicable to any action, petition, or appellate
proceeding pending on the date of the enactment of this Act [May 19,
1986].
``(c) Machinegun Prohibition.--Section 102(9) [amending section 922
of this title] shall take effect on the date of the enactment of this
Act [May 19, 1986].''
Effective Date of 1968 Amendment
Section 105 of Pub. L. 90-618 provided that:
``(a) Except as provided in subsection (b), the provisions of
chapter 44 of title 18, United States Code, as amended by section 102 of
this title [amending this chapter], shall take effect on December 16,
1968.
``(b) The following sections of chapter 44 of title 18, United
States Code, as amended by section 102 of this title shall take effect
on the date of the enactment of this title [Oct. 22, 1968]: Sections
921, 922(l), 925(a)(1), and 925(d).''
Effective Date
Section 907 of title IV of Pub. L. 90-351 provided that: ``The
amendments made by this title [enacting this chapter and provisions set
out as notes under this section and repealing sections 901 to 910 of
Title 15, Commerce and Trade] shall become effective one hundred and
eighty days after the date of its enactment [June 19, 1968]; except that
repeal of the Federal Firearms Act [sections 901 to 910 of Title 15]
shall not in itself terminate any valid license issued pursuant to that
Act and any such license shall be deemed valid until it shall expire
according to its terms unless it be sooner revoked or terminated
pursuant to applicable provisions of law.''
Short Title of 1994 Amendment
Section 110101 of title XI of Pub. L. 103-322 provided that: ``This
subtitle [subtitle A (Secs. 110101-110106) of title XI of Pub. L. 103-
322, amending this section and sections 922 to 924 of this title and
enacting provisions set out as notes under this section] may be cited as
the `Public Safety and Recreational Firearms Use Protection Act'.''
[Section 110101 of Pub. L. 103-322, set out above, repealed
effective 10 years after Sept. 13, 1994, see Effective and Termination
Dates of 1994 Amendment note above.]
Short Title of 1993 Amendment
Section 101 of title I of Pub. L. 103-159 provided that: ``This
title [enacting section 925A of this title, amending this section,
sections 922 and 924 of this title, and section 3759 of Title 42, The
Public Health and Welfare, and enacting provisions set out as notes
under this section and section 922 of this title] may be cited as the
`Brady Handgun Violence Prevention Act'.''
Section 301 of title III of Pub. L. 103-159 provided that: ``This
title [amending sections 922 to 924 of this title] may be cited as the
`Federal Firearms License Reform Act of 1993'.''
Short Title of 1990 Amendment
Section 1702(a) of Pub. L. 101-647 provided that: ``This section
[amending this section and sections 922 and 924 of this title and
enacting provisions set out as notes under this section and section 922
of this title] may be cited as the `Gun-Free School Zones Act of
1990'.''
Short Title of 1988 Amendment
Pub. L. 100-649, Sec. 1, Nov. 10, 1988, 102 Stat. 3816, provided
that: ``This Act [amending sections 922, 924, and 925 of this title and
enacting provisions set out as notes under section 922 of this title and
section 1356 of former Title 49, Transportation] may be cited as the
`Undetectable Firearms Act of 1988'.''
Short Title of 1986 Amendments
Pub. L. 99-570, title I, subtitle I, Sec. 1401, Oct. 27, 1986, 100
Stat. 3207-39, provided that: ``This subtitle [amending section 924 of
this title] may be cited as the `Career Criminals Amendment Act of
1986'.''
Section 1(a) of Pub. L. 99-308 provided that: ``This Act [enacting
section 926A of this title, amending this section, sections 922 to 926
and 929 of this title, and section 5845 of Title 26, Internal Revenue
Code, repealing title VII of Pub. L. 90-351, set out in the Appendix to
this title, and enacting provisions set out as notes under this section]
may be cited as the `Firearms Owners' Protection Act'.''
Short Title
Section 1 of Pub. L. 90-618 provided: ``That this Act [enacting
sections 5822, 5871 and 5872 of Title 26, Internal Revenue Code,
amending this section, sections 922 to 928 of this title, and Appendix
to this title, and sections 5801, 5802, 5811, 5812, 5821, 5841 to 5849,
5851 to 5854, 5861, 6806, and 7273 of Title 26, repealing sections 5692
and 6107 of Title 26, omitting sections 5803, 5813, 5814, 5831, 5855,
and 5862 of Title 26, and enacting material set out as notes under this
section and Appendix to this title, and section 5801 of Title 26] may be
cited as the `Gun Control Act of 1968'.''
Construction of Pub. L. 103-159 With Section 552a of Title 5
Section 105 of Pub. L. 103-159 provided that: ``This Act [enacting
section 925A of this title, amending this section, sections 922 to 924
of this title, and section 3759 of Title 42, The Public Health and
Welfare, and enacting provisions set out as notes under this section and
section 922 of this title] and the amendments made by this Act shall not
be construed to alter or impair any right or remedy under section 552a
of title 5, United States Code.''
Statutory Construction; Evidence
For provisions relating to statutory construction of, and
admissibility of evidence regarding compliance or noncompliance with,
the amendment by section 101(b) [title I, Sec. 119(a)] of Pub. L. 105-
277, see section 101(b) [title I, Sec. 119(d)] of Pub. L. 105-277, set
out as a note under section 923 of this title.
Study By Attorney General
Section 110104 of Pub. L. 103-322 provided that:
``(a) Study.--The Attorney General shall investigate and study the
effect of this subtitle [see Short Title of 1994 Amendment note above]
and the amendments made by this subtitle, and in particular shall
determine their impact, if any, on violent and drug trafficking crime.
The study shall be conducted over a period of 18 months, commencing 12
months after the date of enactment of this Act [Sept. 13, 1994].
``(b) Report.--Not later than 30 months after the date of enactment
of this Act [Sept. 13, 1994], the Attorney General shall prepare and
submit to the Congress a report setting forth in detail the findings and
determinations made in the study under subsection (a).''
[Section 110104 of Pub. L. 103-322, set out above, repealed
effective 10 years after Sept. 13, 1994, see Effective and Termination
Dates of 1994 Amendment note above.]
Congressional Findings and Declaration
Section 1(b) of Pub. L. 99-308 provided that: ``The Congress finds
that--
``(1) the rights of citizens--
``(A) to keep and bear arms under the second amendment to
the United States Constitution;
``(B) to security against illegal and unreasonable searches
and seizures under the fourth amendment;
``(C) against uncompensated taking of property, double
jeopardy, and assurance of due process of law under the fifth
amendment; and
``(D) against unconstitutional exercise of authority under
the ninth and tenth amendments;
require additional legislation to correct existing firearms statutes
and enforcement policies; and
``(2) additional legislation is required to reaffirm the intent
of the Congress, as expressed in section 101 of the Gun Control Act
of 1968 [section 101 of Pub. L. 90-618, set out below], that `it is
not the purpose of this title to place any undue or unnecessary
Federal restrictions or burdens on law-abiding citizens with respect
to the acquisition, possession, or use of firearms appropriate to
the purpose of hunting, trapshooting, target shooting, personal
protection, or any other lawful activity, and that this title is not
intended to discourage or eliminate the private ownership or use of
firearms by law-abiding citizens for lawful purposes.'.''
Section 101 of title I of Pub. L. 90-618 provided that: ``The
Congress hereby declares that the purposes of this title [amending this
chapter] is to provide support to Federal, State, and local law
enforcement officials in their fight against crime and violence, and it
is not the purpose of this title to place any undue or unnecessary
Federal restrictions or burdens on law-abiding citizens with respect to
the acquisition, possession, or use of firearms appropriate to the
purpose of hunting, trapshooting, target shooting, personal protection,
or any other lawful activity, and that this title is not intended to
discourage or eliminate the private ownership or use of firearms by law-
abiding citizens for lawful purposes, or provide for the imposition by
Federal regulations of any procedures or requirements other than those
reasonably necessary to implement and effectuate the provisions of this
title.''
Section 901 of title IV of Pub. L. 90-351 provided that:
``(a) The Congress hereby finds and declares--
``(1) that there is a widespread traffic in firearms moving in
or otherwise affecting interstate or foreign commerce, and that the
existing Federal controls over such traffic do not adequately enable
the States to control this traffic within their own borders through
the exercise of their police power;
``(2) that the ease with which any person can acquire firearms
other than a rifle or shotgun (including criminals, juveniles
without the knowledge or consent of their parents or guardians,
narcotics addicts, mental defectives, armed groups who would
supplant the functions of duly constituted public authorities, and
others whose possession of such weapon is similarly contrary to the
public interest) is a significant factor in the prevalence of
lawlessness and violent crime in the United States;
``(3) that only through adequate Federal control over interstate
and foreign commerce in these weapons, and over all persons engaging
in the businesses of importing, manufacturing, or dealing in them,
can this grave problem be properly dealt with, and effective State
and local regulation of this traffic be made possible;
``(4) that the acquisition on a mail-order basis of firearms
other than a rifle or shotgun by nonlicensed individuals, from a
place other than their State of residence, has materially tended to
thwart the effectiveness of State laws and regulations, and local
ordinances;
``(5) that the sale or other disposition of concealable weapons
by importers, manufacturers, and dealers holding Federal licenses,
to nonresidents of the State in which the licensees' places of
business are located, has tended to make ineffective the laws,
regulations, and ordinances in the several States and local
jurisdictions regarding such firearms;
``(6) that there is a casual relationship between the easy
availability of firearms other than a rifle or shotgun and juvenile
and youthful criminal behavior, and that such firearms have been
widely sold by federally licensed importers and dealers to
emotionally immature, or thrill-bent juveniles and minors prone to
criminal behavior;
``(7) that the United States has become the dumping ground of
the castoff surplus military weapons of other nations, and that such
weapons, and the large volume of relatively inexpensive pistols and
revolvers (largely worthless for sporting purposes), imported into
the United States in recent years, has contributed greatly to
lawlessness and to the Nation's law enforcement problems;
``(8) that the lack of adequate Federal control over interstate
and foreign commerce in highly destructive weapons (such as
bazookas, mortars, antitank guns, and so forth, and destructive
devices such as explosive or incendiary grenades, bombs, missiles,
and so forth) has allowed such weapons and devices to fall into the
hands of lawless persons, including armed groups who would supplant
lawful authority, thus creating a problem of national concern;
``(9) that the existing licensing system under the Federal
Firearms Act [former sections 901 to 910 of Title 15, Commerce and
Trade] does not provide adequate license fees or proper standards
for the granting or denial of licenses, and that this has led to
licenses being issued to persons not reasonably entitled thereto,
thus distorting the purposes of the licensing system.
``(b) The Congress further hereby declares that the purpose of this
title [enacting this chapter and repealing sections 901 to 910 of Title
15, Commerce and Trade] is to cope with the conditions referred to in
the foregoing subsection, and that it is not the purpose of this title
[enacting this chapter and repealing sections 901 to 910 of Title 15] to
place any undue or unnecessary Federal restrictions or burdens on
lawabiding citizens with respect to the acquisition, possession, or use
of firearms appropriate to the purpose of hunting, trap shooting, target
shooting, personal protection, or any other lawful activity, and that
this title [enacting this chapter and repealing sections 901 to 910 of
Title 15] is not intended to discourage or eliminate the private
ownership or use of firearms by law-abiding citizens for lawful
purposes, or provide for the imposition by Federal regulations of any
procedures or requirements other than those reasonably necessary to
implement and effectuate the provisions of this title [enacting this
chapter and repealing sections 901 to 910 of Title 15].''
Administration and Enforcement
Section 103 of title I of Pub. L. 90-618, as amended by Pub. L. 107-
296, title XI, Sec. 1112(s), Nov. 25, 2002, 116 Stat. 2279, provided
that: ``The administration and enforcement of the amendment made by this
title [amending this chapter] shall be vested in the Attorney General.''
Section 903 of title IV of Pub. L. 90-351 provided that: ``The
administration and enforcement of the amendment made by this title
[enacting this chapter and provisions set out as notes under this
section] shall be vested in the Secretary of the Treasury [now Attorney
General].''
Modification of Other Laws
Section 104 of title I of Pub. L. 90-618, as amended by Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``Nothing in
this title or the amendment made thereby [amending this chapter] shall
be construed as modifying or affecting any provision of--
``(a) the National Firearms Act (chapter 53 of the Internal
Revenue Code of 1986) [section 5801 et seq. of Title 26, Internal
Revenue Code];
``(b) section 414 of the Mutual Security Act of 1954 (22 U.S.C.
1934), as amended, relating to munitions control; or
``(c) section 1715 of title 18, United States Code, relating to
nonmailable firearms.''
Section 904 of title IV of Pub. L. 90-351, as amended by Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``Nothing in
this title or amendment made thereby [enacting this chapter and
provisions set out as notes under this section] shall be construed as
modifying or affecting any provision of--
``(a) the National Firearms Act (chapter 53 of the Internal
Revenue Code of 1986) [section 5801 et seq. of Title 26, Internal
Revenue Code]; or
``(b) section 414 of the Mutual Security Act of 1954 (22 U.S.C.
1934), as amended, relating to munitions control; or
``(c) section 1715 of title 18, United States Code, relating to
nonmailable firearms.''
Definition of ``Handgun''
Section 10 of Pub. L. 99-408 provided that: ``For purposes of
section 921(a)(17)(B) of title 18, United States Code, as added by the
first section of this Act, `handgun' means any firearm including a
pistol or revolver designed to be fired by the use of a single hand. The
term also includes any combination of parts from which a handgun can be
assembled.''
Section Referred to in Other Sections
This section is referred to in sections 842, 845, 923, 925, 1791,
1993, 2332a, 3565, 3583, 3592 of this title; title 8 sections 1101,
1227; title 10 sections 2722, 4687; title 20 sections 3351, 7151; title
21 section 881; title 22 section 2778; title 26 section 5845; title 40
section 5104; title 42 section 13726b.
