§ 925. — Exceptions: Relief from disabilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC925]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 925. Exceptions: Relief from disabilities
(a)(1) The provisions of this chapter, except for sections 922(d)(9)
and 922(g)(9) and provisions relating to firearms subject to the
prohibitions of section 922(p), shall not apply with respect to the
transportation, shipment, receipt, possession, or importation of any
firearm or ammunition imported for, sold or shipped to, or issued for
the use of, the United States or any department or agency thereof or any
State or any department, agency, or political subdivision thereof.
(2) The provisions of this chapter, except for provisions relating
to firearms subject to the prohibitions of section 922(p), shall not
apply with respect to (A) the shipment or receipt of firearms or
ammunition when sold or issued by the Secretary of the Army pursuant to
section 4308 of title 10 before the repeal of such section by section
1624(a) of the Corporation for the Promotion of Rifle Practice and
Firearms Safety Act, and (B) the transportation of any such firearm or
ammunition carried out to enable a person, who lawfully received such
firearm or ammunition from the Secretary of the Army, to engage in
military training or in competitions.
(3) Unless otherwise prohibited by this chapter, except for
provisions relating to firearms subject to the prohibitions of section
922(p), or any other Federal law, a licensed importer, licensed
manufacturer, or licensed dealer may ship to a member of the United
States Armed Forces on active duty outside the United States or to
clubs, recognized by the Department of Defense, whose entire membership
is composed of such members, and such members or clubs may receive a
firearm or ammunition determined by the Attorney General to be generally
recognized as particularly suitable for sporting purposes and intended
for the personal use of such member or club.
(4) When established to the satisfaction of the Attorney General to
be consistent with the provisions of this chapter, except for provisions
relating to firearms subject to the prohibitions of section 922(p), and
other applicable Federal and State laws and published ordinances, the
Attorney General may authorize the transportation, shipment, receipt, or
importation into the United States to the place of residence of any
member of the United States Armed Forces who is on active duty outside
the United States (or who has been on active duty outside the United
States within the sixty day period immediately preceding the
transportation, shipment, receipt, or importation), of any firearm or
ammunition which is (A) determined by the Attorney General to be
generally recognized as particularly suitable for sporting purposes, or
determined by the Department of Defense to be a type of firearm normally
classified as a war souvenir, and (B) intended for the personal use of
such member.
(5) For the purpose of paragraph (3) of this subsection, the term
``United States'' means each of the several States and the District of
Columbia.
(b) A licensed importer, licensed manufacturer, licensed dealer, or
licensed collector who is indicted for a crime punishable by
imprisonment for a term exceeding one year, may, notwithstanding any
other provision of this chapter, continue operation pursuant to his
existing license (if prior to the expiration of the term of the existing
license timely application is made for a new license) during the term of
such indictment and until any conviction pursuant to the indictment
becomes final.
(c) A person who is prohibited from possessing, shipping,
transporting, or receiving firearms or ammunition may make application
to the Attorney General for relief from the disabilities imposed by
Federal laws with respect to the acquisition, receipt, transfer,
shipment, transportation, or possession of firearms, and the Attorney
General may grant such relief if it is established to his satisfaction
that the circumstances regarding the disability, and the applicant's
record and reputation, are such that the applicant will not be likely to
act in a manner dangerous to public safety and that the granting of the
relief would not be contrary to the public interest. Any person whose
application for relief from disabilities is denied by the Attorney
General may file a petition with the United States district court for
the district in which he resides for a judicial review of such denial.
The court may in its discretion admit additional evidence where failure
to do so would result in a miscarriage of justice. A licensed importer,
licensed manufacturer, licensed dealer, or licensed collector conducting
operations under this chapter, who makes application for relief from the
disabilities incurred under this chapter, shall not be barred by such
disability from further operations under his license pending final
action on an application for relief filed pursuant to this section.
Whenever the Attorney General grants relief to any person pursuant to
this section he shall promptly publish in the Federal Register notice of
such action, together with the reasons therefor.
(d) The Attorney General shall authorize a firearm or ammunition to
be imported or brought into the United States or any possession thereof
if the firearm or ammunition--
(1) is being imported or brought in for scientific or research
purposes, or is for use in connection with competition or training
pursuant to chapter 401 of title 10;
(2) is an unserviceable firearm, other than a machinegun as
defined in section 5845(b) of the Internal Revenue Code of 1986 (not
readily restorable to firing condition), imported or brought in as a
curio or museum piece;
(3) is of a type that does not fall within the definition of a
firearm as defined in section 5845(a) of the Internal Revenue Code
of 1986 and is generally recognized as particularly suitable for or
readily adaptable to sporting purposes, excluding surplus military
firearms, except in any case where the Attorney General has not
authorized the importation of the firearm pursuant to this
paragraph, it shall be unlawful to import any frame, receiver, or
barrel of such firearm which would be prohibited if assembled; or
(4) was previously taken out of the United States or a
possession by the person who is bringing in the firearm or
ammunition.
The Attorney General shall permit the conditional importation or
bringing in of a firearm or ammunition for examination and testing in
connection with the making of a determination as to whether the
importation or bringing in of such firearm or ammunition will be allowed
under this subsection.
(e) Notwithstanding any other provision of this title, the Attorney
General shall authorize the importation of, by any licensed importer,
the following:
(1) All rifles and shotguns listed as curios or relics by the
Attorney General pursuant to section 921(a)(13), and
(2) All handguns, listed as curios or relics by the Attorney
General pursuant to section 921(a)(13), provided that such handguns
are generally recognized as particularly suitable for or readily
adaptable to sporting purposes.
(f) The Attorney General shall not authorize, under subsection (d),
the importation of any firearm the importation of which is prohibited by
section 922(p).
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat. 233;
amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82 Stat. 1224;
Pub. L. 98-573, title II, Sec. 233, Oct. 30, 1984, 98 Stat. 2991; Pub.
L. 99-308, Sec. 105, May 19, 1986, 100 Stat. 459; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-649, Sec. 2(c),
(f)(2)(C), (E), Nov. 10, 1988, 102 Stat. 3817, 3818; Pub. L. 101-647,
title XXII, Sec. 2203(b), (c), Nov. 29, 1990, 104 Stat. 4857; Pub. L.
104-106, div. A, title XVI, Sec. 1624(b)(3), Feb. 10, 1996, 110 Stat.
522; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI,
Sec. 658(d)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-372; Pub. L. 104-
294, title VI, Sec. 607(c), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107-
296, title XI, Sec. 1112(f)(6), Nov. 25, 2002, 116 Stat. 2276.)
Amendment of Section
Pub. L. 100-649, Sec. 2(f)(2)(C), (E), Nov. 10, 1988, 102 Stat.
3818, as amended by Pub. L. 105-277, div. A, Sec. 101(h) [title VI,
Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528, provided
that, effective 15 years after the 30th day beginning after Nov. 10,
1988, subsection (a) of this section is amended by striking ``,
except for provisions relating to firearms subject to the
prohibitions of section 922(p),'' in pars. (1) to (4) and subsection
(f) of this section is repealed.
References in Text
Section 4308 of title 10 before the repeal of such section by
section 1624(a) of the Corporation for the Promotion of Rifle Practice
and Firearms Safety Act, referred to in subsec. (a)(2)(A), means section
4308 of Title 10, Armed Forces, prior to repeal by section 1624(a)(1) of
Pub. L. 104-106, div. A, title XVI, Feb. 10, 1996, 110 Stat. 522.
Section 5845(b) of the Internal Revenue Code of 1986, referred to in
subsec. (d)(2), is classified to section 5845(b) of Title 26, Internal
Revenue Code.
Section 5845(a) of the Internal Revenue Code of 1986, referred to in
subsec. (d)(3), is classified to section 5845(a) of Title 26.
Amendments
2002--Subsecs. (a), (c) to (f). Pub. L. 107-296, which directed
amendment of this section by substituting ``Attorney General'' for
``Secretary'' wherever appearing, was executed by making the
substitution wherever appearing in subsecs. (a)(4) and (c) to (f), by
not making the substitution for ``Secretary of the Army'' in subsec.
(a)(2), and by substituting ``Attorney General'' for ``Secretary of the
Treasury'' in subsec. (a)(3), to reflect the probable intent of
Congress.
1996--Subsec. (a)(1). Pub. L. 104-208 inserted ``sections 922(d)(9)
and 922(g)(9) and'' after ``except for''.
Subsec. (a)(2)(A). Pub. L. 104-106 inserted ``before the repeal of
such section by section 1624(a) of the Corporation for the Promotion of
Rifle Practice and Firearms Safety Act'' after ``section 4308 of title
10''.
Subsec. (a)(5). Pub. L. 104-294 substituted ``For the purpose of
paragraph (3)'' for ``For the purpose of paragraphs (3) and (4)''.
1990--Subsec. (a)(1). Pub. L. 101-647, Sec. 2203(b), inserted
``possession,'' before ``or importation''.
Subsec. (c). Pub. L. 101-647, Sec. 2203(c), substituted ``regarding
the disability'' for ``regarding the conviction'' and ``barred by such
disability'' for ``barred by such conviction'' and struck out ``by
reason of such a conviction'' after ``incurred under this chapter''.
1988--Subsec. (a). Pub. L. 100-649, Sec. 2(c)(1), inserted ``,
except for provisions relating to firearms subject to the prohibitions
of section 922(p),'' after ``chapter'' in pars. (1) to (4).
Subsec. (f). Pub. L. 100-649, Sec. 2(c)(2), added subsec. (f).
1986--Subsec. (c). Pub. L. 99-308, Sec. 105(1), substituted ``is
prohibited from possessing, shipping, transporting, or receiving
firearms or ammunition'' for ``has been convicted of a crime punishable
by imprisonment for a term exceeding one year (other than a crime
involving the use of a firearm or other weapon or a violation of this
chapter or of the National Firearms Act)'' and ``shipment,
transportation, or possession of firearms, and'' for ``shipment, or
possession of firearms and incurred by reason of such conviction, and''
and inserted provision that any person whose application for relief has
been denied may file for judicial relief of such denial and that the
court may admit additional evidence to avoid a miscarriage of justice.
Subsec. (d). Pub. L. 99-308, Sec. 105(2)(A), (B), (D), in provision
preceding par. (1) substituted ``shall authorize'' for ``may authorize''
and struck out ``the person importing or bringing in the firearm or
ammunition establishes to the satisfaction of the Secretary that'' after
``thereof if'', and in provision following par. (4) substituted ``shall
permit'' for ``may permit''.
Subsec. (d)(2). Pub. L. 99-514 substituted ``Internal Revenue Code
of 1986'' for ``Internal Revenue Code of 1954''.
Subsec. (d)(3). Pub. L. 99-514 substituted ``Internal Revenue Code
of 1986'' for ``Internal Revenue Code of 1954''.
Pub. L. 99-308, Sec. 105(2)(C), inserted ``except in any case where
the Secretary has not authorized the importation of the firearm pursuant
to this paragraph, it shall be unlawful to import any frame, receiver,
or barrel of such firearm which would be prohibited if assembled''.
1984--Subsec. (e). Pub. L. 98-573 added subsec. (e).
1968--Subsec. (a). Pub. L. 90-618 redesignated existing provisions
as par. (1), made minor changes in phraseology, and added pars. (2) to
(5).
Subsec. (b). Pub. L. 90-618 added licensed collectors to the
enumerated list of licensees.
Subsec. (c). Pub. L. 90-618 substituted ``imposed by Federal laws
with respect to the acquisition, receipt, transfer, shipment, or
possession of firearms and'' for ``under this chapter'', ``to act in a
manner dangerous to public safety'' for ``to conduct his operations in
an unlawful manner,'' and ``licensed importer, licensed manufacturer,
licensed dealer, or licensed collector'' for ``licensee''.
Subsec. (d). Pub. L. 90-618 made minor changes in phraseology,
subjected ammunition to the authority of the Secretary in text preceding
par. (1), substituted ``section 5845(b)'' for ``section 5848(2)'' in
par. (2), substituted ``section 5845(a)'' for ``section 5848(1)'' and
``excluding surplus military firearms'' for ``and in the case of surplus
military firearms is a rifle or shotgun'' in par. (3), inserted ``or
ammunition'' after ``the firearm'' in par. (4), and authorized the
Secretary to permit the importation of ammunition for examination and
testing in text following par. (4).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-106 effective on the earlier of the date on
which the Secretary of the Army submits a certification in accordance
with section 5523 of [former] Title 36, Patriotic Societies and
Observances, or Oct. 1, 1996, see section 1624(c) of Pub. L. 104-106,
set out as a note under section 4316 of Title 10, Armed Forces.
Effective Date of 1988 Amendment; Sunset Provision
Amendment by section 2(c) of Pub. L. 100-649 effective 30th day
beginning after Nov. 10, 1988, and amendment by section 2(f)(2)(C), (E)
effective 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 applicable to any action, petition, or
appellate proceeding pending on May 19, 1986, see section 110(b) of Pub.
L. 99-308, set out as a note under section 921 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-573 effective 15th day after Oct. 30, 1984,
see section 214(a), (b) of Pub. L. 98-573, set out as a note under
section 1304 of Title 19, Customs Duties.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, except subsecs.
(a)(1) and (d) effective Oct. 22, 1968, see section 105 of Pub. L. 90-
618, set out as a note under section 921 of this title.
Section Referred to in Other Sections
This section is referred to in section 922 of this title; title 22
section 2778.
