18 USC § 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;
(4)
The term “destructive device” means—
(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
(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
(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—
(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.
(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;
(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;
(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.
(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—
(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),
[2]
the term “misdemeanor crime of domestic violence” means an offense that—
(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)
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)
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.
[1] So in original. Probably should be followed by a period.
[2] So in original. No subparagraph (C) has been enacted.
[3] So in original. Probably should not be capitalized.
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(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;
(4)
The term “destructive device” means—
(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
(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
(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—
(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.
(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;
(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;
(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.
(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—
(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),
[2]
the term “misdemeanor crime of domestic violence” means an offense that—
(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)
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)
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.
[1] So in original. Probably should be followed by a period.
[2] So in original. No subparagraph (C) has been enacted.
[3] So in original. Probably should not be capitalized.
Source
(Added Pub. L. 90–351, title IV, § 902,June 19, 1968, 82 Stat. 226; amended Pub. L. 90–618, title I, § 102,Oct. 22, 1968, 82 Stat. 1214; Pub. L. 93–639, § 102,Jan. 4, 1975, 88 Stat. 2217; Pub. L. 99–308, § 101,May 19, 1986, 100 Stat. 449; Pub. L. 99–360, § 1(b),July 8, 1986, 100 Stat. 766; Pub. L. 99–408, § 1,Aug. 28, 1986, 100 Stat. 920; Pub. L. 101–647, title XVII, § 1702(b)(2), title XXII, § 2204(a),Nov. 29, 1990, 104 Stat. 4845, 4857; Pub. L. 103–159, title I, § 102(a)(2),Nov. 30, 1993, 107 Stat. 1539; Pub. L. 103–322, title XI, §§ 110102(b),
110103(b),
110105(2),
110401(a),
110519, title XXXIII, § 330021(1),Sept. 13, 1994, 108 Stat. 1997, 1999, 2000, 2014, 2020, 2150; Pub. L. 104–88, title III, § 303(1),Dec. 29, 1995, 109 Stat. 943; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 658(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–371; Pub. L. 105–277, div. A, § 101(b) [title I, § 119(a)], (h) [title I, § 115], Oct. 21, 1998, 112 Stat. 2681–50, 2681–69, 2681–480, 2681–490; Pub. L. 107–273, div. C, title I, § 11009(e)(1),Nov. 2, 2002, 116 Stat. 1821; Pub. L. 107–296, title XI, § 1112(f)(1)–(3), (6), Nov. 25, 2002, 116 Stat. 2276; Pub. L. 109–162, title IX, § 908(a),Jan. 5, 2006, 119 Stat. 3083.)
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.
Amendments
2006—Subsec. (a)(33)(A)(i). Pub. L. 109–162, which directed the general amendment of “section
921
(33)(A)(i) of title
18”, was executed to par. (33)(A)(i) of subsec. (a), to reflect the probable intent of Congress. Prior to amendment, cl. (i) read as follows: “is a misdemeanor under Federal or State law; and”.
2002—Subsec. (a)(4). Pub. L. 107–296, § 1112(f)(2), substituted “Attorney General” for “Secretary of the Treasury” in concluding provisions.
Subsec. (a)(4)(B). Pub. L. 107–296, § 1112(f)(1), substituted “Attorney General” for “Secretary”.
Subsec. (a)(13), (17)(C). Pub. L. 107–296, § 1112(f)(6), substituted “Attorney General” for “Secretary” wherever appearing.
Subsec. (a)(18). Pub. L. 107–296, § 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, § 1112(f)(6), substituted “Attorney General” for “Secretary” in two places.
Subsec. (a)(35). Pub. L. 107–273added par. (35).
1998—Subsec. (a)(5). Pub. L. 105–277, § 101(h) [title I, § 115(1)], substituted “an explosive” for “the explosive in a fixed shotgun shell”.
Subsec. (a)(7). Pub. L. 105–277, § 101(h) [title I, § 115(2)], substituted “an explosive” for “the explosive in a fixed metallic cartridge”.
Subsec. (a)(16). Pub. L. 105–277, § 101(h) [title I, § 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, § 101(b) [title I, § 119(a)], added par. (34).
1996—Subsec. (a)(33). Pub. L. 104–208added par. (33).
1995—Subsec. (a)(27). Pub. L. 104–88substituted “section
13102” for “section
10102”.
1994—Subsec. (a)(17)(B). Pub. L. 103–322, § 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, § 110519, added subpar. (C).
Subsec. (a)(22)(C)(iii). Pub. L. 103–322, § 330021(1), substituted “kidnapping” for “kidnaping”.
Subsec. (a)(30). Pub. L. 103–322, § 110102(b), which added par. (30) defining “semiautomatic assault weapon”, was repealed by Pub. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (a)(31). Pub. L. 103–322, § 110103(b), which added par. (31) defining “large capacity ammunition feeding device”, was repealed by Pub. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (a)(32). Pub. L. 103–322, § 110401(a), added par. (32).
1993—Subsec. (a)(29). Pub. L. 103–159added par. (29).
1990—Subsec. (a)(25) to (27). Pub. L. 101–647, § 1702(b)(2), added pars. (25) to (27).
Subsec. (a)(28). Pub. L. 101–647, § 2204(a), added par. (28).
1986—Subsec. (a)(10). Pub. L. 99–308, § 101(1), substituted “business of manufacturing” for “manufacture of”.
Subsec. (a)(11)(A). Pub. L. 99–308, § 101(2), struck out “or ammunition” after “firearms”.
Subsec. (a)(12). Pub. L. 99–308, § 101(3), struck out “or ammunition” after “firearm”.
Subsec. (a)(13). Pub. L. 99–308, § 101(4), struck out “or ammunition” after “firearms”.
Subsec. (a)(17). Pub. L. 99–408designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(20). Pub. L. 99–308, § 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, § 101(6), added par. (21).
Subsec. (a)(22). Pub. L. 99–360inserted 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, § 101(6), added par. (22).
Subsec. (a)(23), (24). Pub. L. 99–308, § 101(6), added pars. (23) and (24).
1975—Subsec. (a)(4). Pub. L. 93–639substituted “to use solely for sporting, recreational or cultural purposes” for “to use solely for sporting purposes”.
1968—Subsec. (a). Pub. L. 90–618inserted 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. 90–618substituted 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. 107–296effective 60 days after Nov. 25, 2002, see section 4 ofPub. 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, § 101(b) [title I, § 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. 104–88effective Jan. 1, 1996, see section 2 ofPub. L. 104–88, set out as an Effective Date note under section
701 of Title
49, Transportation.
Effective and Termination Dates of 1994 Amendment
Pub. L. 103–322, title XI, § 110105,Sept. 13, 1994, 108 Stat. 2000, provided that subtitle A (§§ 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 that subtitle were effective Sept. 13, 1994, and were repealed effective as of the date that is 10 years after that date.
Effective Date of 1990 Amendment
Section 1702(b)(4) ofPub. L. 101–647provided 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 ofPub. L. 99–408provided 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 ofPub. L. 99–360provided 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 ofPub. L. 99–308set out below] and shall apply to the amendments to title 18, United States Code, made by such Act.”
Section 110 ofPub. L. 99–308provided 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 ofPub. L. 90–618provided 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. 90–351provided 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 2005 Amendment
Pub. L. 109–92, § 5(a),Oct. 26, 2005, 119 Stat. 2099, provided that: “This section [amending sections
922 and
924 of this title and enacting provisions set out as notes under section
922 of this title] may be cited as the ‘Child Safety Lock Act of 2005’.”
Short Title of 2004 Amendment
Pub. L. 108–277, § 1,July 22, 2004, 118 Stat. 865, provided that: “This Act [enacting sections
926B and
926C of this title] may be cited as the ‘Law Enforcement Officers Safety Act of 2004’.”
Short Title of 1994 Amendment
Pub. L. 103–322, title XI, § 110101,Sept. 13, 1994, 108 Stat. 1996, provided that subtitle A (§§ 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) could be cited as the “Public Safety and Recreational Firearms Use Protection Act”, prior to repeal by Pub. L. 103–322, title XI, § 110105(2),Sept. 13, 1994, 108 Stat. 2000, effective 10 years after Sept. 13, 1994.
Short Title of 1993 Amendment
Section 101 of title I of Pub. L. 103–159provided 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. 103–159provided 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) ofPub. L. 101–647provided 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, § 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, § 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) ofPub. L. 99–308provided 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 ofPub. L. 90–618provided: “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 ofPub. L. 103–159provided 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, § 119(a)] of Pub. L. 105–277, see section
101(b) [title I, § 119(d)] of Pub. L. 105–277, set out as a note under section
923 of this title.
Study By Attorney General
Pub. L. 103–322, title XI, § 110104,Sept. 13, 1994, 108 Stat. 2000, which provided that the Attorney General was to study the effect of subtitle A (§§ 110101–110106) of title XI of Pub. L. 103–322and to report the results of the study to Congress not later than 30 months after Sept. 13, 1994, was repealed by Pub. L. 103–322, title XI, § 110105(2),Sept. 13, 1994, 108 Stat. 2000, effective 10 years after Sept. 13, 1994.
Congressional Findings and Declaration
Section 1(b) ofPub. L. 99–308provided 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 ofPub. 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. 90–618provided 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. 90–351provided 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 law-abiding 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, § 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. 90–351provided 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, § 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
Section 904 of title IV of Pub. L. 90–351, as amended by Pub. L. 99–514, § 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
Definition of “Handgun”
Section 10 ofPub. L. 99–408provided 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.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013
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