18 U.S. Code § 921 - Definitions
For definition of Canal Zone, referred to in subsec. (a)(2), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
2022—Subsec. (a)(21)(C). Pub. L. 117–159, § 12002(1), substituted “to predominantly earn a profit” for “with the principal objective of livelihood and profit”.
Subsec. (a)(22) to (30). Pub. L. 117–159, § 12002(2), (3), added par. (22) and redesignated former pars. (22) to (29) as (23) to (30), respectively.
Subsec. (a)(33)(A). Pub. L. 117–159, § 12005(c)(1)(A), substituted “subparagraphs (B) and (C)” for “subparagraph (C)” in introductory provisions.
Subsec. (a)(33)(A)(i). Pub. L. 117–159, § 12005(c)(1)(B), which directed substitution of “State,” for “State,,” in cl. (ii) of par. (33)(A), was executed in cl. (i) of par. (33)(A) to reflect the probable intent of Congress.
Pub. L. 117–103, § 1104(a), substituted “, Tribal, or local law” for “or Tribal law”.
Subsec. (a)(33)(A)(ii). Pub. L. 117–159, § 12005(a)(1), substituted “by a person similarly” for “or by a person similarly” and inserted “, or by a person who has a current or recent former dating relationship with the victim” before period at end.
Subsec. (a)(33)(C). Pub. L. 117–159, § 12005(c)(2), added subpar. (C).
Subsec. (a)(36). Pub. L. 117–103, § 1101(b), added par. (36).
Subsec. (a)(37). Pub. L. 117–159, § 12005(a)(2), added par. (37).
2018—Subsec. (a)(4). Pub. L. 115–232 substituted “section 7684(2), 7685, or 7686 of title 10” for “section 4684(2), 4685, or 4686 of title 10” in concluding provisions.
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. 107–273 added 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. 104–208 added par. (33).
1995—Subsec. (a)(27). Pub. L. 104–88 substituted “section 13102” for “section 10102”.
1994—Subsec. (a)(17)(B). Pub. L. 103–322, § 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. 103–159 added 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. 99–408 designated 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. 99–360 inserted provision that proof of profit not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism and defined terrorism.
Pub. L. 99–308, § 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. 93–639 substituted “to use solely for sporting, recreational or cultural purposes” for “to use solely for sporting purposes”.
1968—Subsec. (a). Pub. L. 90–618 inserted definitions of “collector”, “licensed collector”, and “crime punishable by imprisonment for a term exceeding one year”, amended definitions of “person”, “whoever”, “interstate or foreign commerce”, “State”, “firearm”, “destructive device”, “dealer”, “indictment”, “fugitive from justice”, “antique firearm”, “ammunition”, and “published ordinance”, and reenacted without change definitions of “shotgun”, “short-barreled shotgun”, “rifle”, “short-barreled rifle”, “importer”, “licensed importer”, “manufacturer”, “licensed manufacturer”, “licensed dealer”, “pawnbroker”, and “Secretary” or “Secretary of the Treasury”.
Subsec. (b). Pub. L. 90–618 substituted provisions determining that a member of the armed forces on active duty is a resident of the State in which his permanent duty station is located for provisions defining “firearm”, “destructive device”, and “crime punishable by imprisonment for a term exceeding one year”.
Pub. L. 117–159, div. A, title II, § 12005(b), June 25, 2022, 136 Stat. 1332, provided that:
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
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.
Pub. L. 105–277, div. A, § 101(b) [title I, § 119(e)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–70, provided that:
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
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.
Pub. L. 101–647, title XVII, § 1702(b)(4), Nov. 29, 1990, 104 Stat. 4845, provided that:
Pub. L. 99–408, § 9, Aug. 28, 1986, 100 Stat. 921, provided that:
Pub. L. 99–360, § 2, July 8, 1986, 100 Stat. 767, provided that:
Pub. L. 99–308, § 110, May 19, 1986, 100 Stat. 460, provided that:
Pub. L. 90–618, title I, § 105, Oct. 22, 1968, 82 Stat. 1226, provided that:
Pub. L. 90–351, title IV, § 907, June 19, 1968, 82 Stat. 235, provided that:
Pub. L. 109–92, § 5(a), Oct. 26, 2005, 119 Stat. 2099, provided that:
Pub. L. 108–277, § 1, July 22, 2004, 118 Stat. 865, provided that:
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.
Pub. L. 103–159, title I, § 101, Nov. 30, 1993, 107 Stat. 1536, provided that:
Pub. L. 103–159, title III, § 301, Nov. 30, 1993, 107 Stat. 1545, provided that:
Pub. L. 101–647, title XVII, § 1702(a), Nov. 29, 1990, 104 Stat. 4844, provided that:
Pub. L. 100–649, § 1, Nov. 10, 1988, 102 Stat. 3816, provided that:
Pub. L. 99–570, title I, subtitle I, § 1401, Oct. 27, 1986, 100 Stat. 3207–39, provided that:
Pub. L. 99–308, § 1(a), May 19, 1986, 100 Stat. 449, provided that:
Pub. L. 90–618, § 1, Oct. 22, 1968, 82 Stat. 1213, provided:
Pub. L. 113–6, div. B, title II, Mar. 26, 2013, 127 Stat. 248, provided in part:
Pub. L. 103–159, title I, § 105, Nov. 30, 1993, 107 Stat. 1543, provided that:
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.
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. 103–322 and 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.
Pub. L. 99–308, § 1(b), May 19, 1986, 100 Stat. 449, provided that:
Pub. L. 90–618, title I, § 101, Oct. 22, 1968, 82 Stat. 1213, provided that:
Pub. L. 90–351, title IV, § 901, June 19, 1968, 82 Stat. 225, provided that:
Pub. L. 90–618, title I, § 103, Oct. 22, 1968, 82 Stat. 1226, as amended by Pub. L. 107–296, title XI, § 1112(s), Nov. 25, 2002, 116 Stat. 2279, provided that:
Pub. L. 90–351, title IV, § 903, June 19, 1968, 82 Stat. 234, provided that:
Pub. L. 90–618, title I, § 104, Oct. 22, 1968, 82 Stat. 1226, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
Pub. L. 90–351, title IV, § 904, June 19, 1968, 82 Stat. 234, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
Pub. L. 99–408, § 10, Aug. 28, 1986, 100 Stat. 922, provided that:
Ex. Ord. No. 14092, Mar. 14, 2023, 88 F.R. 16527, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows:
Section 1. Policy. Every few days in the United States, we mourn a new mass shooting. Daily acts of gun violence—including community violence, domestic violence, suicide, and accidental shootings—may not always make the evening news, but they too cut lives short and leave survivors and their communities with long-lasting physical and mental wounds. We cannot accept these facts as the enduring reality of life in America. Instead, we must together insist that we have had enough, and that we will no longer allow the interests of the gun manufacturers to win out over the safety of our children and Nation.
It is the policy of my Administration that executive departments and agencies (agencies) will pursue every legally available and appropriate action to reduce gun violence. Through this whole-of-government approach, my Administration has made historic progress to save lives. My Administration has taken action to keep guns out of dangerous hands and especially dangerous weapons off of our streets; hold gun traffickers and rogue gun dealers accountable; fund accountable, effective community policing; and invest in community violence interventions and prevention strategies.
Last year, I signed into law the Bipartisan Safer Communities Act [Pub. L. 117–159, see Tables for classification] (the “Act”), the most significant bipartisan gun safety legislation in nearly 30 years. The Act provides communities with new tools to combat gun violence, including enhanced gun background checks for individuals under age 21, funding for extreme risk protection orders and other crisis interventions, and increased mental health resources to help children impacted by gun violence heal from the resulting grief and trauma.
I continue to call on the Congress to take additional action to reduce gun violence, including by banning assault weapons and high-capacity magazines, requiring background checks for all gun sales, requiring safe storage of firearms, funding my comprehensive Safer America Plan, and expanding community violence intervention and prevention strategies. In the meantime, my Administration will continue to do all that we can, within existing authority, to make our communities safer.
Sec. 2. Implementation of the Bipartisan Safer Communities Act. The Attorney General, the Secretary of Health and Human Services, the Secretary of Education, and the Secretary of Homeland Security shall each submit a report to the President within 60 days of the date of this order [Mar. 14, 2023] describing what actions their respective agencies have taken to implement the Act, data and analysis regarding the use and early effects of the Act, and additional steps their respective agencies will take to maximize the benefits of the Act. These reports shall include a plan for increasing public awareness and use of resources made available by the Act.
Sec. 3. Additional Agency Actions to Reduce Gun Violence. (a) The Attorney General shall develop and implement a plan to:
(i) clarify the definition of who is engaged in the business of dealing in firearms, and thus required to become Federal firearms licensees (FFLs), in order to increase compliance with the Federal background check requirement for firearm sales, including by considering a rulemaking, as appropriate and consistent with applicable law;
(ii) prevent former FFLs whose licenses have been revoked or surrendered from continuing to engage in the business of dealing in firearms;
(iii) publicly release, to the fullest extent permissible by law, inspection reports of FFL dealers cited for violations of the law; and
(iv) support efforts to modernize and make permanent the Undetectable Firearms Act [of 1988] ([enacting] 18 U.S.C. 922(p)).
(b) The Secretary of Defense; the Attorney General; the Secretary of Homeland Security; the Secretary of Health and Human Services, including through the Surgeon General of the United States; the Secretary of Education; and the Secretary of Veterans Affairs shall expand existing Federal campaigns and other efforts to promote safe storage of firearms.
(c) The Secretary of Defense; the Attorney General; the Secretary of Homeland Security; the Secretary of Health and Human Services, including through the Surgeon General of the United States; and the Secretary of Education shall undertake efforts to encourage effective use of extreme risk protection orders (“red flag” laws), partnering with law enforcement, health care providers, educators, and other community leaders.
(d) The Attorney General; the Secretary of Health and Human Services, including through the Surgeon General of the United States; the Secretary of Education; the Secretary of Homeland Security; the Director of the Office of Management and Budget; and the heads of other agencies, as appropriate, shall develop a proposal for the President, and submit it no later than September 15, 2023, on how the Federal Government can better support the recovery, mental health, and other needs of survivors of gun violence, families of victims and survivors of gun violence, first responders to incidents of gun violence, and communities affected by gun violence. The proposal should draw on existing evidence, where available, and take into account how to address needs in both the immediate aftermath of mass shootings and in the years following such events. The proposal should recommend any additional executive branch coordination and additional resources or authorities from the Congress needed to implement the proposal, as well as how agencies will assess the outcomes for the activities implemented.
(e) The Secretary of Defense, in consultation with the Attorney General and the Secretary of Homeland Security, shall develop and implement principles to further firearm and public safety practices through the Department of Defense’s acquisition of firearms, consistent with applicable law.
(f) The heads of Federal law enforcement agencies shall, as soon as practicable, but no later than 180 days from the date of this order, ensure that their respective law enforcement components issue National Integrated Ballistic Information Network (NIBIN) submission and utilization policies with requirements that are equivalent to, or exceed, the requirements of the policy issued by the Department of Justice on December 12, 2022, to ensure the prompt entry of ballistics data recovered in connection with criminal investigations into NIBIN. In consultation with the Department of Justice, the Department of Defense policies may be tailored to address specific operational considerations.
(g) The Secretary of Transportation, in consultation with the Department of Justice, shall work to reduce the loss or theft of firearms during shipment between FFLs and to improve reporting of such losses or thefts, including by engaging with carriers and shippers.
(h) The Federal Trade Commission is encouraged to issue a public report analyzing how gun manufacturers market firearms to minors and how such manufacturers market firearms to civilians, including through the use of military imagery.
Sec. 4. Definitions. For purposes of this order, the term “Federal law enforcement agency” means an organizational unit or subunit of the executive branch that employs officers who are authorized to make arrests and carry firearms, and that is responsible for the prevention, detection, and investigation of crime or the apprehension of alleged offenders. The term “heads of Federal law enforcement agencies” means the heads of those units or subunits.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.