Editorial Notes
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
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”.
Statutory Notes and Related Subsidiaries
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
Pub. L. 101–647, title XVII, § 1702(b)(4), Nov. 29, 1990, 104 Stat. 4845, provided that:
“The amendments made by this section [amending this section and sections
922 and
924 of this title] shall apply to conduct engaged in after the end of the 60-day period beginning on the date of the enactment of this Act [
Nov. 29, 1990].”
Effective Date of 1986 Amendments; Publication and Availability of Compilation of State Laws and Published Ordinances
Pub. L. 99–408, § 9, Aug. 28, 1986, 100 Stat. 921, provided that:
“The amendments made by this Act [amending this section and sections
922,
923, and
929 of this title and enacting provisions set out as notes under this section] shall take effect on the date of enactment of this Act [
Aug. 28, 1986], except that sections 3, 4, and 5 [amending
section 923 of this title] shall take effect on the first day of the first calendar month which begins more than ninety days after the date of the enactment of this Act.”
Pub. L. 99–360, § 2, July 8, 1986, 100 Stat. 767, provided that:
“This Act and the amendments made by this Act [enacting
section 926A of this title, amending this section and
section 923 of this title, and repealing former
section 926A of this title], intended to amend the
Firearms Owners’ Protection Act [
Pub. L. 99–308, see Short Title of 1986 Amendment note below], shall become effective on the date on which the section they are intended to amend in such
Firearms Owners’ Protection Act becomes effective [see
section 110 of Pub. L. 99–308 set out below] and shall apply to the amendments to title 18,
United States Code, made by such Act.”
Pub. L. 99–308, § 110, May 19, 1986, 100 Stat. 460, provided that:
“(a) In General.—
The amendments made by this Act [enacting
section 926A of this title, amending this section, sections 922 to 926 and 929 of this title, and
section 5845 of Title 26,
Internal Revenue Code, repealing title VII of
Pub. L. 90–351, set out in the Appendix to this title, and enacting provisions set out as notes under this section] shall become effective one hundred and eighty days after the date of the enactment of this Act [
May 19, 1986]. Upon their becoming effective, the Secretary shall publish and provide to all licensees a compilation of the
State laws and
published ordinances of which licensees are presumed to have knowledge pursuant to
chapter 44 of title 18,
United States Code, as amended by this Act. All amendments to such
State laws and
published ordinances as contained in the aforementioned compilation shall be published in the Federal Register, revised annually, and furnished to each person licensed under
chapter 44 of title 18,
United States Code, as amended by this Act.
“(b) Pending Actions, Petitions, and Appellate Proceedings.—
The amendments made by sections 103(6)(B), 105, and 107 of this Act [enacting
section 926A of this title and amending sections 923 and 925 of this title] shall be applicable to any action, petition, or appellate proceeding pending on the date of the enactment of this Act [
May 19, 1986].
“(c) Machinegun Prohibition.—
Section 102(9) [amending
section 922 of this title] shall take effect on the date of the enactment of this Act [
May 19, 1986].”
Effective Date
Pub. L. 90–351, title IV, § 907, June 19, 1968, 82 Stat. 235, provided that:
“The amendments made by this title [enacting this chapter and provisions set out as notes under this section and repealing sections 901 to 910 of Title 15, Commerce and Trade] shall become effective one hundred and eighty days after the date of its enactment [
June 19, 1968]; except that repeal of the
Federal Firearms Act [sections 901 to 910 of Title 15] shall not in itself terminate any valid license issued pursuant to that Act and any such license shall be deemed valid until it shall expire according to its terms unless it be sooner revoked or terminated pursuant to applicable provisions of law.”
Short Title of 1994 Amendment
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
Pub. L. 103–159, title I, § 101, Nov. 30, 1993, 107 Stat. 1536, provided that:
“This title [enacting
section 925A of this title, amending this section, sections 922 and 924 of this title, and
section 3759 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and
section 922 of this title] may be cited as the ‘
Brady Handgun Violence Prevention Act’.”
Pub. L. 103–159, title III, § 301, Nov. 30, 1993, 107 Stat. 1545, provided that:
“This title [amending sections
922 to
924 of this title] may be cited as the ‘
Federal Firearms License Reform Act of 1993’.”
Short Title of 1986 Amendments
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:
“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
Pub. L. 90–618, § 1, Oct. 22, 1968, 82 Stat. 1213, provided:
“That this Act [enacting sections 5822, 5871 and 5872 of Title 26,
Internal Revenue Code, amending this section, sections
922 to
928 of this title, and Appendix to this title, and sections 5801, 5802, 5811, 5812, 5821, 5841 to 5849, 5851 to 5854, 5861, 6806, and 7273 of Title 26, repealing sections 5692 and 6107 of Title 26, omitting sections 5803, 5813, 5814, 5831, 5855, and 5862 of Title 26, and enacting material set out as notes under this section and Appendix to this title, and
section 5801 of Title 26] may be cited as the ‘
Gun Control Act of 1968’.”
Restrictions on Amendment of Regulations as to Curios or Relics
Pub. L. 113–6, div. B, title II, Mar. 26, 2013, 127 Stat. 248, provided in part:
“That, in the current fiscal year and any fiscal year thereafter, no funds appropriated under this or any other Act shall be used to pay administrative expenses or the compensation of any officer or employee of the
United States to implement an amendment or amendments to
section 478.118 of title 27, Code of Federal Regulations, or to change the definition of ‘Curios or relics’ in
section 478.11 of title 27, Code of Federal Regulations, or remove any item from ATF Publication 5300.11 as it existed on
January 1, 1994”.
Construction of Pub. L. 103–159 With Section 552a of Title 5
Pub. L. 103–159, title I, § 105, Nov. 30, 1993, 107 Stat. 1543, provided that:
“This Act [enacting
section 925A of this title, amending this section, sections 922 to 924 of this title, and
section 3759 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and
section 922 of this title] and the amendments made by this Act shall not be construed to alter or impair any right or remedy under
section 552a of title 5,
United States Code.”
Statutory Construction; Evidence
For provisions relating to statutory construction of, and admissibility of evidence regarding compliance or noncompliance with, the amendment by section 101(b) [title I, § 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. 103–322 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.
Congressional Findings and Declaration
Pub. L. 99–308, § 1(b), May 19, 1986, 100 Stat. 449, provided that:
“The Congress finds that—
“(1) the rights of citizens—
“(A)
to keep and bear arms under the second amendment to the
United States Constitution;
“(B)
to security against illegal and unreasonable searches and seizures under the fourth amendment;
“(C)
against uncompensated taking of property, double jeopardy, and assurance of due process of law under the fifth amendment; and
“(D)
against unconstitutional exercise of authority under the ninth and tenth amendments;
require additional legislation to correct existing
firearms statutes and enforcement policies; and
“(2)
additional legislation is required to reaffirm the intent of the
Congress, as expressed in section 101 of the
Gun Control Act of 1968 [
section 101 of Pub. L. 90–618, set out below], that ‘it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of
firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of
firearms by law-abiding citizens for lawful purposes.’.”
Pub. L. 90–618, title I, § 101, Oct. 22, 1968, 82 Stat. 1213, provided that:
“The
Congress hereby declares that the purposes of this title [amending this chapter] is to provide support to Federal,
State, and local law enforcement officials in their fight against crime and violence, and it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of
firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of
firearms by law-abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title.”
Pub. L. 90–351, title IV, § 901, June 19, 1968, 82 Stat. 225, provided that:
“(a) The Congress hereby finds and declares—
“(1)
that there is a widespread traffic in
firearms moving in or otherwise affecting
interstate or foreign commerce, and that the existing Federal controls over such traffic do not adequately enable the
States to control this traffic within their own borders through the exercise of their police power;
“(2)
that the ease with which any person can acquire
firearms other than a
rifle or
shotgun (including criminals, juveniles without the knowledge or consent of their parents or guardians, narcotics addicts, mental defectives, armed groups who would supplant the functions of duly constituted public authorities, and others whose possession of such weapon is similarly contrary to the public interest) is a significant factor in the prevalence of lawlessness and violent crime in the
United States;
“(3)
that only through adequate Federal control over interstate and foreign commerce in these weapons, and over all persons engaging in the businesses of importing, manufacturing, or dealing in them, can this grave problem be properly dealt with, and effective
State and local regulation of this traffic be made possible;
“(4)
that the acquisition on a mail-order basis of
firearms other than a
rifle or
shotgun by nonlicensed individuals, from a place other than their
State of residence, has materially tended to thwart the effectiveness of
State laws and regulations, and local ordinances;
“(5)
that the sale or other disposition of concealable weapons by
importers,
manufacturers, and
dealers holding Federal licenses, to nonresidents of the
State in which the licensees’ places of business are located, has tended to make ineffective the laws, regulations, and ordinances in the several
States and local jurisdictions regarding such
firearms;
“(6)
that there is a casual relationship between the easy availability of
firearms other than a
rifle or
shotgun and juvenile and youthful criminal behavior, and that such
firearms have been widely sold by federally
licensed importers and
dealers to emotionally immature, or thrill-bent juveniles and minors prone to criminal behavior;
“(7)
that the
United States has become the dumping ground of the castoff surplus military weapons of other nations, and that such weapons, and the large volume of relatively inexpensive pistols and revolvers (largely worthless for sporting purposes), imported into the
United States in recent years, has contributed greatly to lawlessness and to the Nation’s law enforcement problems;
“(8)
that the lack of adequate Federal control over interstate and foreign commerce in highly destructive weapons (such as bazookas, mortars, antitank guns, and so forth, and
destructive devices such as explosive or incendiary grenades, bombs, missiles, and so forth) has allowed such weapons and devices to fall into the hands of lawless persons, including armed groups who would supplant lawful authority, thus creating a problem of national concern;
“(9)
that the existing licensing system under the
Federal Firearms Act [former sections 901 to 910 of Title 15, Commerce and Trade] does not provide adequate license fees or proper standards for the granting or denial of licenses, and that this has led to licenses being issued to persons not reasonably entitled thereto, thus distorting the purposes of the licensing system.
“(b)
The
Congress further hereby declares that the purpose of this title [enacting this chapter and repealing sections 901 to 910 of Title 15, Commerce and Trade] is to cope with the conditions referred to in the foregoing subsection, and that it is not the purpose of this title [enacting this chapter and repealing sections 901 to 910 of Title 15] to place any undue or unnecessary Federal restrictions or burdens on 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
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:
“The administration and enforcement of the amendment made by this title [amending this chapter] shall be vested in the
Attorney General.”
Pub. L. 90–351, title IV, § 903, June 19, 1968, 82 Stat. 234, provided that:
“The administration and enforcement of the amendment made by this title [enacting this chapter and provisions set out as notes under this section] shall be vested in the Secretary of the Treasury [now
Attorney General].”
Modification of Other Laws
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:
“Nothing in this title or the amendment made thereby [amending this chapter] shall be construed as modifying or affecting any provision of—
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:
“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—