§ 924. — Penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC924]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 924. Penalties
(a)(1) Except as otherwise provided in this subsection, subsection
(b), (c), or (f) of this section, or in section 929, whoever--
(A) knowingly makes any false statement or representation with
respect to the information required by this chapter to be kept in
the records of a person licensed under this chapter or in applying
for any license or exemption or relief from disability under the
provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or
(w) of section 922;
(C) knowingly imports or brings into the United States or any
possession thereof any firearm or ammunition in violation of section
922(l); or
(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or
both.
(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h),
(i), (j), or (o) of section 922 shall be fined as provided in this
title, imprisoned not more than 10 years, or both.
(3) Any licensed dealer, licensed importer, licensed manufacturer,
or licensed collector who knowingly--
(A) makes any false statement or representation with respect to
the information required by the provisions of this chapter to be
kept in the records of a person licensed under this chapter, or
(B) violates subsection (m) of section 922,
shall be fined under this title, imprisoned not more than one year, or
both.
(4) Whoever violates section 922(q) shall be fined under this title,
imprisoned for not more than 5 years, or both. Notwithstanding any other
provision of law, the term of imprisonment imposed under this paragraph
shall not run concurrently with any other term of imprisonment imposed
under any other provision of law. Except for the authorization of a term
of imprisonment of not more than 5 years made in this paragraph, for the
purpose of any other law a violation of section 922(q) shall be deemed
to be a misdemeanor.
(5) Whoever knowingly violates subsection (s) or (t) of section 922
shall be fined under this title, imprisoned for not more than 1 year, or
both.
(6)(A)(i) A juvenile who violates section 922(x) shall be fined
under this title, imprisoned not more than 1 year, or both, except that
a juvenile described in clause (ii) shall be sentenced to probation on
appropriate conditions and shall not be incarcerated unless the juvenile
fails to comply with a condition of probation.
(ii) A juvenile is described in this clause if--
(I) the offense of which the juvenile is charged is possession
of a handgun or ammunition in violation of section 922(x)(2); and
(II) the juvenile has not been convicted in any court of an
offense (including an offense under section 922(x) or a similar
State law, but not including any other offense consisting of conduct
that if engaged in by an adult would not constitute an offense) or
adjudicated as a juvenile delinquent for conduct that if engaged in
by an adult would constitute an offense.
(B) A person other than a juvenile who knowingly violates section
922(x)--
(i) shall be fined under this title, imprisoned not more than 1
year, or both; and
(ii) if the person sold, delivered, or otherwise transferred a
handgun or ammunition to a juvenile knowing or having reasonable
cause to know that the juvenile intended to carry or otherwise
possess or discharge or otherwise use the handgun or ammunition in
the commission of a crime of violence, shall be fined under this
title, imprisoned not more than 10 years, or both.
(7) Whoever knowingly violates section 931 shall be fined under this
title, imprisoned not more than 3 years, or both.
(b) Whoever, with intent to commit therewith an offense punishable
by imprisonment for a term exceeding one year, or with knowledge or
reasonable cause to believe that an offense punishable by imprisonment
for a term exceeding one year is to be committed therewith, ships,
transports, or receives a firearm or any ammunition in interstate or
foreign commerce shall be fined under this title, or imprisoned not more
than ten years, or both.
(c)(1)(A) Except to the extent that a greater minimum sentence is
otherwise provided by this subsection or by any other provision of law,
any person who, during and in relation to any crime of violence or drug
trafficking crime (including a crime of violence or drug trafficking
crime that provides for an enhanced punishment if committed by the use
of a deadly or dangerous weapon or device) for which the person may be
prosecuted in a court of the United States, uses or carries a firearm,
or who, in furtherance of any such crime, possesses a firearm, shall, in
addition to the punishment provided for such crime of violence or drug
trafficking crime--
(i) be sentenced to a term of imprisonment of not less than 5
years;
(ii) if the firearm is brandished, be sentenced to a term of
imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of
imprisonment of not less than 10 years.
(B) If the firearm possessed by a person convicted of a violation of
this subsection--
(i) is a short-barreled rifle, short-barreled shotgun, or
semiautomatic assault weapon, the person shall be sentenced to a
term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped
with a firearm silencer or firearm muffler, the person shall be
sentenced to a term of imprisonment of not less than 30 years.
(C) In the case of a second or subsequent conviction under this
subsection, the person shall--
(i) be sentenced to a term of imprisonment of not less than 25
years; and
(ii) if the firearm involved is a machinegun or a destructive
device, or is equipped with a firearm silencer or firearm muffler,
be sentenced to imprisonment for life.
(D) Notwithstanding any other provision of law--
(i) a court shall not place on probation any person convicted of
a violation of this subsection; and
(ii) no term of imprisonment imposed on a person under this
subsection shall run concurrently with any other term of
imprisonment imposed on the person, including any term of
imprisonment imposed for the crime of violence or drug trafficking
crime during which the firearm was used, carried, or possessed.
(2) For purposes of this subsection, the term ``drug trafficking
crime'' means any felony punishable under the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.).
(3) For purposes of this subsection the term ``crime of violence''
means an offense that is a felony and--
(A) has as an element the use, attempted use, or threatened use
of physical force against the person or property of another, or
(B) that by its nature, involves a substantial risk that
physical force against the person or property of another may be used
in the course of committing the offense.
(4) For purposes of this subsection, the term ``brandish'' means,
with respect to a firearm, to display all or part of the firearm, or
otherwise make the presence of the firearm known to another person, in
order to intimidate that person, regardless of whether the firearm is
directly visible to that person.
(d)(1) Any firearm or ammunition involved in or used in any knowing
violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k)
of section 922, or knowing importation or bringing into the United
States or any possession thereof any firearm or ammunition in violation
of section 922(l), or knowing violation of section 924, or willful
violation of any other provision of this chapter or any rule or
regulation promulgated thereunder, or any violation of any other
criminal law of the United States, or any firearm or ammunition intended
to be used in any offense referred to in paragraph (3) of this
subsection, where such intent is demonstrated by clear and convincing
evidence, shall be subject to seizure and forfeiture, and all provisions
of the Internal Revenue Code of 1986 relating to the seizure,
forfeiture, and disposition of firearms, as defined in section 5845(a)
of that Code, shall, so far as applicable, extend to seizures and
forfeitures under the provisions of this chapter: Provided, That upon
acquittal of the owner or possessor, or dismissal of the charges against
him other than upon motion of the Government prior to trial, or lapse of
or court termination of the restraining order to which he is subject,
the seized or relinquished firearms or ammunition shall be returned
forthwith to the owner or possessor or to a person delegated by the
owner or possessor unless the return of the firearms or ammunition would
place the owner or possessor or his delegate in violation of law. Any
action or proceeding for the forfeiture of firearms or ammunition shall
be commenced within one hundred and twenty days of such seizure.
(2)(A) In any action or proceeding for the return of firearms or
ammunition seized under the provisions of this chapter, the court shall
allow the prevailing party, other than the United States, a reasonable
attorney's fee, and the United States shall be liable therefor.
(B) In any other action or proceeding under the provisions of this
chapter, the court, when it finds that such action was without
foundation, or was initiated vexatiously, frivolously, or in bad faith,
shall allow the prevailing party, other than the United States, a
reasonable attorney's fee, and the United States shall be liable
therefor.
(C) Only those firearms or quantities of ammunition particularly
named and individually identified as involved in or used in any
violation of the provisions of this chapter or any rule or regulation
issued thereunder, or any other criminal law of the United States or as
intended to be used in any offense referred to in paragraph (3) of this
subsection, where such intent is demonstrated by clear and convincing
evidence, shall be subject to seizure, forfeiture, and disposition.
(D) The United States shall be liable for attorneys' fees under this
paragraph only to the extent provided in advance by appropriation Acts.
(3) The offenses referred to in paragraphs (1) and (2)(C) of this
subsection are--
(A) any crime of violence, as that term is defined in section
924(c)(3) of this title;
(B) any offense punishable under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.);
(C) any offense described in section 922(a)(1), 922(a)(3),
922(a)(5), or 922(b)(3) of this title, where the firearm or
ammunition intended to be used in any such offense is involved in a
pattern of activities which includes a violation of any offense
described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3)
of this title;
(D) any offense described in section 922(d) of this title where
the firearm or ammunition is intended to be used in such offense by
the transferor of such firearm or ammunition;
(E) any offense described in section 922(i), 922(j), 922(l),
922(n), or 924(b) of this title; and
(F) any offense which may be prosecuted in a court of the United
States which involves the exportation of firearms or ammunition.
(e)(1) In the case of a person who violates section 922(g) of this
title and has three previous convictions by any court referred to in
section 922(g)(1) of this title for a violent felony or a serious drug
offense, or both, committed on occasions different from one another,
such person shall be fined under this title and imprisoned not less than
fifteen years, and, notwithstanding any other provision of law, the
court shall not suspend the sentence of, or grant a probationary
sentence to, such person with respect to the conviction under section
922(g).
(2) As used in this subsection--
(A) the term ``serious drug offense'' means--
(i) an offense under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.) for which a
maximum term of imprisonment of ten years or more is prescribed
by law; or
(ii) an offense under State law, involving manufacturing,
distributing, or possessing with intent to manufacture or
distribute, a controlled substance (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)), for which a
maximum term of imprisonment of ten years or more is prescribed
by law;
(B) the term ``violent felony'' means any crime punishable by
imprisonment for a term exceeding one year, or any act of juvenile
delinquency involving the use or carrying of a firearm, knife, or
destructive device that would be punishable by imprisonment for such
term if committed by an adult, that--
(i) has as an element the use, attempted use, or threatened
use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of
explosives, or otherwise involves conduct that presents a
serious potential risk of physical injury to another; and
(C) the term ``conviction'' includes a finding that a person has
committed an act of juvenile delinquency involving a violent felony.
(f) In the case of a person who knowingly violates section 922(p),
such person shall be fined under this title, or imprisoned not more than
5 years, or both.
(g) Whoever, with the intent to engage in conduct which--
(1) constitutes an offense listed in section 1961(1),
(2) is punishable under the Controlled Substances Act (21 U.S.C.
802 et seq.), the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.),
(3) violates any State law relating to any controlled substance
(as defined in section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6))), or
(4) constitutes a crime of violence (as defined in subsection
(c)(3)),
travels from any State or foreign country into any other State and
acquires, transfers, or attempts to acquire or transfer, a firearm in
such other State in furtherance of such purpose, shall be imprisoned not
more than 10 years, fined in accordance with this title, or both.
(h) Whoever knowingly transfers a firearm, knowing that such firearm
will be used to commit a crime of violence (as defined in subsection
(c)(3)) or drug trafficking crime (as defined in subsection (c)(2))
shall be imprisoned not more than 10 years, fined in accordance with
this title, or both.
(i)(1) A person who knowingly violates section 922(u) shall be fined
under this title, imprisoned not more than 10 years, or both.
(2) Nothing contained in this subsection shall be construed as
indicating an intent on the part of Congress to occupy the field in
which provisions of this subsection operate to the exclusion of State
laws on the same subject matter, nor shall any provision of this
subsection be construed as invalidating any provision of State law
unless such provision is inconsistent with any of the purposes of this
subsection.
(j) A person who, in the course of a violation of subsection (c),
causes the death of a person through the use of a firearm, shall--
(1) if the killing is a murder (as defined in section 1111), be
punished by death or by imprisonment for any term of years or for
life; and
(2) if the killing is manslaughter (as defined in section 1112),
be punished as provided in that section.
(k) A person who, with intent to engage in or to promote conduct
that--
(1) is punishable under the Controlled Substances Act (21 U.S.C.
801 et seq.), the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.);
(2) violates any law of a State relating to any controlled
substance (as defined in section 102 of the Controlled Substances
Act, 21 U.S.C. 802); or
(3) constitutes a crime of violence (as defined in subsection
(c)(3)),
smuggles or knowingly brings into the United States a firearm, or
attempts to do so, shall be imprisoned not more than 10 years, fined
under this title, or both.
(l) A person who steals any firearm which is moving as, or is a part
of, or which has moved in, interstate or foreign commerce shall be
imprisoned for not more than 10 years, fined under this title, or both.
(m) A person who steals any firearm from a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector shall be
fined under this title, imprisoned not more than 10 years, or both.
(n) A person who, with the intent to engage in conduct that
constitutes a violation of section 922(a)(1)(A), travels from any State
or foreign country into any other State and acquires, or attempts to
acquire, a firearm in such other State in furtherance of such purpose
shall be imprisoned for not more than 10 years.
(o) A person who conspires to commit an offense under subsection (c)
shall be imprisoned for not more than 20 years, fined under this title,
or both; and if the firearm is a machinegun or destructive device, or is
equipped with a firearm silencer or muffler, shall be imprisoned for any
term of years or life.
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat. 233;
amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82 Stat. 1223;
Pub. L. 91-644, title II, Sec. 13, Jan. 2, 1971, 84 Stat. 1889; Pub. L.
98-473, title II, Secs. 223(a), 1005(a), Oct. 12, 1984, 98 Stat. 2028,
2138; Pub. L. 99-308, Sec. 104(a), May 19, 1986, 100 Stat. 456; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-570, title I,
Sec. 1402, Oct. 27, 1986, 100 Stat. 3207-39; Pub. L. 100-649, Sec. 2(b),
(f)(2)(B), (D), Nov. 10, 1988, 102 Stat. 3817, 3818; Pub. L. 100-690,
title VI, Secs. 6211, 6212, 6451, 6460, 6462, title VII, Secs. 7056,
7060(a), Nov. 18, 1988, 102 Stat. 4359, 4360, 4371, 4373, 4374, 4402,
4403; Pub. L. 101-647, title XI, Sec. 1101, title XVII, Sec. 1702(b)(3),
title XXII, Secs. 2203(d), 2204(c), title XXXV, Secs. 3526-3529, Nov.
29, 1990, 104 Stat. 4829, 4845, 4857, 4924; Pub. L. 103-159, title I,
Sec. 102(c), title III, Sec. 302(d), Nov. 30, 1993, 107 Stat. 1541,
1545; Pub. L. 103-322, title VI, Sec. 60013, title XI, Secs. 110102(c),
110103(c), 110201(b), 110401(e), 110503, 110504(a), 110507, 110510,
110515(a), 110517, 110518(a), title XXXIII, Secs. 330002(h),
330003(f)(2), 330011(i), (j), 330016(1)(H), (K), (L), Sept. 13, 1994,
108 Stat. 1973, 1998, 1999, 2011, 2015, 2016, 2018-2020, 2140, 2141,
2145, 2147; Pub. L. 104-294, title VI, Sec. 603(m)(1), (n)-(p)(1), (q)-
(s), Oct. 11, 1996, 110 Stat. 3505; Pub. L. 105-386, Sec. 1(a), Nov. 13,
1998, 112 Stat. 3469; Pub. L. 107-273, div. B, title IV,
Sec. 4002(d)(1)(E), div. C, title I, Sec. 11009(e)(3), Nov. 2, 2002, 116
Stat. 1809, 1821.)
Amendment of Section
Pub. L. 100-649, Sec. 2(f)(2)(B), (D), Nov. 10, 1988, 102 Stat.
3818, as amended by Pub. L. 101-647, title XXXV, Sec. 3526(b), Nov.
29, 1990, 104 Stat. 4924; Pub. L. 105-277, div. A, Sec. 101(h)
[title VI, Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528,
provided that, effective 15 years after the 30th day beginning after
Nov. 10, 1988, subsection (a)(1) of this section is amended by
striking ``, (c), or (f)'' and inserting in lieu thereof ``or (c)'',
subsection (f) of this section is repealed, and subsections (g) and
(h) of this section are redesignated as subsections (f) and (g),
respectively, of this 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
The Internal Revenue Code of 1986, referred to in subsec. (d)(1), is
set out as Title 26, Internal Revenue Code.
Section 5845(a) of that Code, referred to in subsec. (d)(1), is
classified to section 5845(a) of Title 26.
The Controlled Substances Act, referred to in subsecs. (c)(2),
(d)(3)(B), (e)(2)(A)(i), (g)(2), and (k)(1), is title II of Pub. L. 91-
513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified
principally to subchapter I (Sec. 801 et seq.) of chapter 13 of Title
21, Food and Drugs. For complete classification of this Act to the Code,
see Short Title note set out under section 801 of Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsecs. (c)(2), (d)(3)(B), (e)(2)(A)(i), (g)(2), and (k)(1), is title
III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as amended, which
is classified principally to subchapter II (Sec. 951 et seq.) of chapter
13 of Title 21. For complete classification of this Act to the Code, see
Short Title note set out under section 951 of Title 21 and Tables.
The Maritime Drug Law Enforcement Act, referred to in subsecs.
(c)(2), (e)(2)(A)(i), (g)(2), and (k)(1), is Pub. L. 96-350, Sept. 15,
1980, 94 Stat. 1159, as amended, which is classified generally to
chapter 38 (Sec. 1901 et seq.) of Title 46, Appendix, Shipping. For
complete classification of this Act to the Code, see section 1901 of
Title 46, Appendix, and Tables.
Amendments
2002--Subsec. (a)(7). Pub. L. 107-273, Sec. 11009(e)(3), added par.
(7).
Subsec. (e)(1). Pub. L. 107-273, Sec. 4002(d)(1)(E), substituted
``under this title'' for ``not more than $25,000''.
1998--Subsec. (c)(1). Pub. L. 105-386, Sec. 1(a)(1), added par. (1)
and struck out former par. (1) which read as follows: ``Whoever, during
and in relation to any crime of violence or drug trafficking crime
(including a crime of violence or drug trafficking crime which provides
for an enhanced punishment if committed by the use of a deadly or
dangerous weapon or device) for which he may be prosecuted in a court of
the United States, uses or carries a firearm, shall, in addition to the
punishment provided for such crime of violence or drug trafficking
crime, be sentenced to imprisonment for five years, and if the firearm
is a short-barreled rifle, short-barreled shotgun, or semiautomatic
assault weapon, to imprisonment for ten years, and if the firearm is a
machinegun, or a destructive device, or is equipped with a firearm
silencer or firearm muffler, to imprisonment for thirty years. In the
case of his second or subsequent conviction under this subsection, such
person shall be sentenced to imprisonment for twenty years, and if the
firearm is a machinegun, or a destructive device, or is equipped with a
firearm silencer or firearm muffler, to life imprisonment without
release. Notwithstanding any other provision of law, the court shall not
place on probation or suspend the sentence of any person convicted of a
violation of this subsection, nor shall the term of imprisonment imposed
under this subsection run concurrently with any other term of
imprisonment including that imposed for the crime of violence or drug
trafficking crime in which the firearm was used or carried.''
Subsec. (c)(4). Pub. L. 105-386, Sec. 1(a)(2), added par. (4).
1996--Subsec. (a)(1)(B). Pub. L. 104-294, Sec. 603(n), repealed Pub.
L. 103-322, Sec. 330002(h). See 1994 Amendment note below.
Pub. L. 104-294, Sec. 603(m)(1)(A), amended directory language of
Pub. L. 103-322, Sec. 110507. See 1994 Amendment note below.
Subsec. (a)(2). Pub. L. 104-294, Sec. 603(m)(1)(B), amended
directory language of Pub. L. 103-322, Sec. 110507(2). See 1994
Amendment note below.
Subsec. (a)(5), (6). Pub. L. 104-294, Sec. 603(o), redesignated par.
(5), relating to punishment for juveniles, as (6).
Subsec. (c)(1). Pub. L. 104-294, Sec. 603(p)(1), amended directory
language of Pub. L. 103-322, Sec. 110102(c)(2). See 1994 Amendment note
below.
Subsec. (i). Pub. L. 104-294, Sec. 603(r), redesignated subsec. (i),
relating to death penalty for gun murders, as (j).
Subsec. (j). Pub. L. 104-294, Sec. 603(r), redesignated subsec. (i)
as (j). Former subsec. (j) redesignated (k).
Subsec. (j)(3). Pub. L. 104-294, Sec. 603(q), inserted closing
parenthesis before comma at end.
Subsec. (k). Pub. L. 104-294, Sec. 603(r), redesignated subsec. (j)
as (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 104-294, Sec. 603(s), amended directory
language of Pub. L. 103-322, Sec. 110504. See 1994 Amendment note below.
Pub. L. 104-294, Sec. 603(r), redesignated subsec. (k) as (l).
Former subsec. (l) redesignated (m).
Subsecs. (m) to (o). Pub. L. 104-294, Sec. 603(r), redesignated
subsecs. (l) to (n) as (m) to (o), respectively.
1994--Subsec. (a)(1). Pub. L. 103-322, Sec. 330016(1)(K),
substituted ``fined under this title'' for ``fined not more than
$5,000'' in concluding provisions.
Pub. L. 103-322, Sec. 330011(i), amended directory language of Pub.
L. 101-647, Sec. 3528. See 1990 Amendment note below.
Pub. L. 103-322, Sec. 110201(b)(1), which directed the striking of
``paragraph (2) or (3) of'' in subsec. (a)(1), could not be executed
because of prior amendment by Pub. L. 103-159. See 1993 Amendment note
below.
Subsec. (a)(1)(B). Pub. L. 103-322, Sec. 330002(h), which directed
amendment of subpar. (B) by substituting ``(r)'' for ``(q)'', was
repealed by Pub. L. 104-294, Sec. 603(n), which provided that
Sec. 330002(h) shall be considered never to have been enacted.
Pub. L. 103-322, Sec. 110507(1), as amended by Pub. L. 104-294,
Sec. 603(m)(1)(A), struck out ``(a)(6),'' after ``(a)(4),''.
Pub. L. 103-322, Secs. 110103(c), 110105(2), temporarily substituted
``(v), or (w)'' for ``or (v)''. See Effective and Termination Dates of
1994 Amendment note below.
Pub. L. 103-322, Secs. 110102(c)(1), 110105(2), temporarily
substituted ``(r), or (v) of section 922'' for ``or (q) of section
922''. See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (a)(2). Pub. L. 103-322, Sec. 110507(2), as amended by Pub.
L. 104-294, Sec. 603(m)(1)(B), inserted ``(a)(6),'' after
``subsection''.
Subsec. (a)(3). Pub. L. 103-322, Sec. 330016(1)(H), substituted
``fined under this title'' for ``fined not more than $1,000''.
Subsec. (a)(4). Pub. L. 103-322, Sec. 330016(1)(K), substituted
``fined under this title'' for ``fined not more than $5,000''.
Subsec. (a)(5). Pub. L. 103-322, Sec. 330016(1)(H), substituted
``fined under this title'' for ``fined not more than $1,000'' in par.
(5) relating to knowing violations of subsec. (s) or (t) of section 922.
Pub. L. 103-322, Sec. 110201(b)(2), added par. (5) relating to
punishment for juveniles.
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted ``fined
under this title'' for ``fined not more than $10,000''.
Subsec. (c)(1). Pub. L. 103-322, Sec. 330011(j), amended directory
language of Pub. L. 101-647, Sec. 3527. See 1990 Amendment note below.
Pub. L. 103-322, Sec. 110510(b), which directed the amendment of
subsec. (c)(1) by striking ``No person sentenced under this subsection
shall be eligible for parole during the term of imprisonment imposed
under this subsection.'', was executed by striking the last sentence,
which read ``No person sentenced under this subsection shall be eligible
for parole during the term of imprisonment imposed herein.'', to reflect
the probable intent of Congress.
Pub. L. 103-322, Secs. 110102(c)(2), 110105(2), as amended by Pub.
L. 104-294, Sec. 603(p)(1), temporarily amended subsec. (c)(1) by
inserting ``, or semiautomatic assault weapon,'' after ``short-barreled
shotgun''. See Effective and Termination Dates of 1994 Amendment note
below.
Subsec. (d)(1). Pub. L. 103-322, Sec. 110401(e), substituted ``or
lapse of or court termination of the restraining order to which he is
subject, the seized or relinquished firearms'' for ``the seized
firearms''.
Subsec. (e)(1). Pub. L. 103-322, Sec. 110510(a), struck out before
period at end ``, and such person shall not be eligible for parole with
respect to the sentence imposed under this subsection''.
Subsec. (e)(2)(A)(i). Pub. L. 103-322, Sec. 330003(f)(2),
substituted ``the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901
et seq.)'' for ``the first section or section 3 of Public Law 96-350 (21
U.S.C. 955a et seq.)''.
Subsec. (i). Pub. L. 103-322, Sec. 60013, added subsec. (i) relating
to death penalty for gun murders.
Subsec. (i)(1). Pub. L. 103-322, Sec. 330016(1)(L), substituted
``fined under this title'' for ``fined not more than $10,000'' in par.
(1) of subsec. (i) relating to knowing violations of section 922(u).
Subsec. (j). Pub. L. 103-322, Sec. 110503, added subsec. (j).
Subsec. (k). Pub. L. 103-322, Sec. 110504(a), as amended by Pub. L.
104-294, Sec. 603(s), added subsec. (k).
Subsec. (l). Pub. L. 103-322, Sec. 110515(a), added subsec. (l).
Subsec. (m). Pub. L. 103-322, Sec. 110517, added subsec. (m).
Subsec. (n). Pub. L. 103-322, Sec. 110518(a), added subsec. (n).
1993--Subsec. (a)(1). Pub. L. 103-159, Sec. 102(c)(1), struck out
``paragraph (2) or (3) of'' before ``this subsection'' in introductory
provisions.
Subsec. (a)(5). Pub. L. 103-159, Sec. 102(c)(2), added par. (5).
Subsec. (i). Pub. L. 103-159, Sec. 302(d), added subsec. (i).
1990--Subsec. (a)(1). Pub. L. 101-647, Sec. 3528, as amended by Pub.
L. 103-322, Sec. 330011(i), substituted ``(3) of this subsection'' for
``3 of this subsection'' in introductory provisions.
Pub. L. 101-647, Sec. 2203(d), struck out ``, and shall become
eligible for parole as the Parole Commission shall determine'' before
period at end.
Subsec. (a)(1)(B). Pub. L. 101-647, Sec. 2204(c), substituted ``(k),
or (q)'' for ``or (k)''.
Subsec. (a)(2). Pub. L. 101-647, Sec. 3529(1), substituted
``subsection'' for ``subsections'' and inserted a comma after ``10
years''.
Subsec. (a)(3). Pub. L. 101-647, Sec. 2203(d), struck out ``, and
shall become eligible for parole as the Parole Commission shall
determine'' before period at end.
Subsec. (a)(4). Pub. L. 101-647, Sec. 1702(b)(3), added par. (4).
Subsec. (c)(1). Pub. L. 101-647, Sec. 3527, as amended by Pub. L.
103-322, Sec. 330011(j), struck out ``imprisonment for'' before ``life
imprisonment without release''.
Pub. L. 101-647, Sec. 1101(2), which directed amendment of first
sentence by ``inserting `or a destructive device,' after `a machinegun,'
wherever the term `machine gun' appears, in section 924(c)(1)'', was
executed by inserting the new language after ``a machinegun,'' once in
the first sentence and once in the second sentence to reflect the
probable intent of Congress.
Pub. L. 101-647, Sec. 1101(1), inserted ``and if the firearm is a
short-barreled rifle, short-barreled shotgun to imprisonment for ten
years,'' after ``sentenced to imprisonment for five years,''.
Subsec. (e)(2). Pub. L. 101-647, Sec. 3529(2), (3), struck out
``and'' at end of subpar. (A)(ii) and substituted ``; and'' for period
at end of subpar. (B)(ii).
Subsecs. (f) to (h). Pub. L. 101-647, Sec. 3526(a), redesignated
subsec. (f) relating to punishment for traveling from any State or
foreign country into another State to obtain firearms for drug
trafficking purposes as subsec. (g) and redesignated former subsec. (g)
as (h).
1988--Subsec. (a). Pub. L. 100-690, Sec. 6462, in par. (1), inserted
``or 3'' and substituted ``, (c), or (f)'' for ``or (c)'' in
introductory provisions and struck out ``(g), (i), (j),'' after ``(f),''
in subpar. (B), added par. (2), and redesignated former par. (2) as (3).
Subsec. (c)(1). Pub. L. 100-690, Sec. 7060(a), substituted ``crime
(including a crime of violence or drug trafficking crime which'' for
``crime,, including a crime of violence or drug trafficking crime,
which'', ``device) for'' for ``device, for'', ``crime, be sentenced''
for ``crime,, be sentenced'', and ``crime in which'' for ``crime, or
drug trafficking crime in which''.
Pub. L. 100-690, Sec. 6460(1), (2)(A), substituted ``thirty years.
In'' for ``ten years. In'' and ``twenty years, and if'' for ``ten years,
and if''.
Pub. L. 100-690, Sec. 6460(2)(B), which directed amendment of
subsec. (c)(1) by striking ``20 years'' and inserting ``life
imprisonment without release'' was executed by substituting ``life
imprisonment without release'' for ``twenty years'' to reflect the
probable intent of Congress because ``20 years'' did not appear.
Subsec. (c)(2). Pub. L. 100-690, Sec. 6212, amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``For purposes
of this subsection, the term `drug trafficking crime' means any felony
violation of Federal law involving the distribution, manufacture, or
importation of any controlled substance (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).''
Subsec. (e)(1). Pub. L. 100-690, Sec. 7056, inserted ``committed on
occasions different from one another,'' after ``or both,''.
Subsec. (e)(2)(B). Pub. L. 100-690, Sec. 6451(1), inserted ``, or
any act of juvenile delinquency involving the use or carrying of a
firearm, knife, or destructive device that would be punishable by
imprisonment for such term if committed by an adult,'' after ``one
year''.
Subsec. (e)(2)(C). Pub. L. 100-690, Sec. 6451(2), added subpar. (C).
Subsec. (f). Pub. L. 100-690, Sec. 6211, added subsec. (f) relating
to punishment for traveling from any State or foreign country into
another State to obtain firearms for drug trafficking purposes.
Pub. L. 100-649, Sec. 2(b)(2), added subsec. (f) relating to penalty
for violating section 922(p).
Subsec. (g). Pub. L. 100-690, Sec. 6211, added subsec. (g).
1986--Subsec. (a). Pub. L. 99-308, Sec. 104(a)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows:
``Whoever violates any provision of this chapter or knowingly makes any
false statement or representation with respect to the information
required by the provisions of this chapter to be kept in the records of
a person licensed under this chapter, or in applying for any license or
exemption or relief from disability under the provisions of this
chapter, shall be fined not more than $5,000, or imprisoned not more
than five years, or both, and shall become eligible for parole as the
Board of Parole shall determine.''
Subsec. (c)(1). Pub. L. 99-308, Sec. 104(a)(2)(C)-(E), designated
existing provision as par. (1), and substituted ``violence or drug
trafficking crime,'' for ``violence'' in four places and inserted ``,
and if the firearm is a machinegun, or is equipped with a firearm
silencer or firearm muffler, to imprisonment for ten years'' after
``five years'', ``, and if the firearm is a machinegun, or is equipped
with a firearm silencer or firearm muffler, to imprisonment for twenty
years'' after ``ten years'', and ``or drug trafficking crime'' before
``in which the firearm was used or carried''.
Subsec. (c)(2), (3). Pub. L. 99-308, Sec. 104(a)(2)(F), added pars.
(2) and (3).
Subsec. (d). Pub. L. 99-308, Sec. 104(a)(3), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``Any
firearm or ammunition involved in or used or intended to be used in, any
violation of the provisions of this chapter or any rule or regulation
promulgated thereunder, or any violation of any other criminal law of
the United States, shall be subject to seizure and forfeiture and all
provisions of the Internal Revenue Code of 1954 relating to the seizure,
forfeiture, and disposition of firearms, as defined in section 5845(a)
of that Code, shall, so far as applicable, extend to seizures and
forfeitures under the provisions of this chapter.''
Subsec. (d)(1). Pub. L. 99-514 substituted ``Internal Revenue Code
of 1986'' for ``Internal Revenue Code of 1954''.
Subsec. (e). Pub. L. 99-308, Sec. 104(a)(4), added subsec. (e).
Subsec. (e)(1). Pub. L. 99-570, Sec. 1402(a), substituted ``for a
violent felony or a serious drug offense, or both'' for ``for robbery or
burglary, or both''.
Subsec. (e)(2). Pub. L. 99-570, Sec. 1402(b), amended par. (2)
generally, substituting provisions defining terms ``serious drug
offense'' and ``violent felony'' for provisions defining ``robbery'' and
``burglary''.
1984--Subsec. (a). Pub. L. 98-473, Sec. 223(a), which directed
amendment of subsec. (a) by striking out ``, and shall become eligible
for parole as the Board of Parole shall determine'' effective Nov. 1,
1987, pursuant to section 235 of Pub. L. 98-473, as amended, could not
be executed because quoted language no longer appears due to general
amendment of subsec. (a) by Pub. L. 99-308, Sec. 104(a)(1). See 1986
Amendment note above.
Subsec. (c). Pub. L. 98-473, Sec. 1005(a), amended subsec. (c)
generally, substituting provisions setting forth mandatory, determinate
sentence for persons who use or carry firearms during and in relation to
any Federal crime of violence for provisions setting out a minimum
sentencing scheme for the use or carrying, unlawfully, of a firearm
during a Federal felony.
1971--Subsec. (c). Pub. L. 91-644, in first sentence, substituted
``felony for which he'' for ``felony which'' in items (1) and (2) and
inserted ``, in addition to the punishment provided for the commission
of such felony,'' before ``be sentenced'', and in second sentence
substituted ``for not less than two nor more than twenty-five years''
for ``for not less than five years nor more than 25 years'', inserted
``in the case of a second or subsequent conviction'' after ``suspend the
sentence'', and prohibited term of imprisonment imposed under this
subsec. to run concurrently with any term for commission of the felony.
1968--Subsec. (a). Pub. L. 90-618 inserted provision authorizing the
Board of Parole to grant parole to a person convicted under this
chapter.
Subsec. (b). Pub. L. 90-618 inserted ``or any ammunition'' after ``a
firearm''.
Subsecs. (c), (d). Pub. L. 90-618 added subsec. (c), redesignated
former subsec. (c) as (d), and as so redesignated, substituted ``section
5845(a) of that Code'' for ``section 5848(1) of said Code''.
Effective Date of 1996 Amendment
Section 603(m)(2) of Pub. L. 104-294 provided that: ``The amendments
made by paragraph (1) [amending this section] shall take effect as if
the amendments had been included in section 110507 of the Act referred
to in paragraph (1) [Pub. L. 103-322] on the date of the enactment of
such Act [Sept. 13, 1994].''
Section 603(p)(2) of Pub. L. 104-294 provided that: ``The amendment
made by paragraph (1) [amending this section] shall take effect as if
the amendment had been included in section 110102(c)(2) of the Act
referred to in paragraph (1) [Pub. L. 103-322] on the date of the
enactment of such Act [Sept. 13, 1994].''
Effective and Termination Dates of 1994 Amendment
Amendment by sections 110102(c) and 110103(c) of Pub. L. 103-322
repealed 10 years after Sept. 13, 1994, see section 110105(2) of Pub. L.
103-322, set out as a note under section 921 of this title.
Section 330011(i) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section 3528
of Pub. L. 101-647 took effect.
Section 330011(j) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section 3527
of Pub. L. 101-647 took effect.
Effective Date of 1990 Amendment
Amendment by section 1702(b)(3) of Pub. L. 101-647 applicable to
conduct engaged in after end of 60-day period beginning on Nov. 29,
1990, see section 1702(b)(4) of Pub. L. 101-647, set out as a note under
section 921 of this title.
Section 2203(d) of Pub. L. 101-647 provided that the amendment by
that section is effective with respect to any offense committed after
Nov. 1, 1987.
Effective Date of 1988 Amendment; Sunset Provision
Amendment by section 2(b) of Pub. L. 100-649 effective 30th day
beginning after Nov. 10, 1988, and amendment by section 2(f)(2)(B), (D)
effective 15 years after such effective date, see section 2(f) of Pub.
L. 100-649, as amended, set out as a note under section 922 of this
title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-308 effective 180 days after May 19, 1986,
see section 110(a) of Pub. L. 99-308, set out as a note under section
921 of this title.
Effective Date of 1984 Amendment
Amendment by section 223(a) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section 105
of Pub. L. 90-618, set out as a note under section 921 of this title.
Section Referred to in Other Sections
This section is referred to in sections 844, 1028, 1956, 2516, 3142,
3559, 3592, 4042, 5032 of this title; title 8 section 1101; title 42
sections 3796ll-3, 13726a.
