Gun Laws
Gun Control Act of 1968 Page One
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THE GUN CONTROL ACT OF 1968, PUBLIC LAW 90-618
TITLE 18, UNITED STATES CODE, CHAPTER 44

An Act to amend title 18, United States Code, to provide for better control of the
interstate traffic in firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the "Gun Control Act of 1968".

TITLE I - STATE
FIREARMS CONTROL
ASSISTANCE
PURPOSE

Sec. 101. The Congress hereby declares that the purpose of this title 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.
* * * *
Chapter 44 Firearms
Sec.

921. Definitions.
922. Unlawful acts.
923. Licensing.
924. Penalties.
925. Exceptions: Relief from disabilities.
925A. Remedy for erroneous denial of firearms.
926. Rules and regulations.
926A. Interstate transportation of firearms.
927. Effect on State law.
928. Separability.
929. Use of restricted ammunition.
930. Possession of firearms and dangerous weapons in Federal facilities.

§ 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; (B) the frame or receiver of any such weapon; (C) any firearm muffler
or firearm silencer; or (D) any destructive device. Such term does not include an
antique firearm.

(4) The term "destructive device" means -
(A) any explosive, incendiary, or poison gas -
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than
one-quarter ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding
clauses;
(B) any type of weapon (other than a shotgun or a shotgun shell which the
Secretary 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 Secretary of the Treasury 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 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 (A) any person engaged in the business of selling
firearms at wholesale or retail, (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 Secretary 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
(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; 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 -
(i) 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; or
(ii) a full jacketed projectile larger than .22 caliber designed and
intended for use in a handgun and whose jacket has a weight of more than 25
percent of the total weight of the projectile.
(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
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.

(18) The term "Secretary" or "Secretary of the Treasury" means the Secretary of
the Treasury or his delegate.

(19) The term "published ordinance" means a published law of any political
subdivision of a State which the Secretary determines to be relevant to the
enforcement of this chapter and which is contained on a list compiled by the
Secretary, 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;
(E) as applied to an importer of firearms, a person who devotes time,
attention, and labor to importing 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 imported; and
(F) as applied to an importer of ammunition, a person who devotes time,
attention, and labor to importing 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 imported.

(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;
(B) involves violent acts or acts dangerous to human life which would be a
criminal violation if committed within the jurisdiction of the United
States; and
(C) is intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by assassination or kidnapping.

(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.

(25) The term "school zone" means -
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or
private school.

(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 –
(A) a firearm which has a short stock and is designed to be held and fired by
the use of a single hand; and
(B) any combination of parts from which a firearm described in subparagraph (A)
can be assembled.

(30) The term "semiautomatic assault weapon" means -
(A) any of the firearms, or copies or duplicates of the firearms in any
caliber, known as -
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper
and Striker 12;
(B) a semiautomatic rifle that has an ability to accept a detachable magazine
and has at least 2 of -
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the
weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash
suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to accept a detachable magazine
and has at least 2 of -
(i) an ammunition magazine that attaches to the pistol outside of the pistol
grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles,
the barrel and that permits the shooter to hold the firearm with the nontrigger
hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded;
and
(v) a semiautomatic version of an automatic firearm; and
(D) a semiautomatic shotgun that has at least 2 of -
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the
weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.

(31) The term "large capacity ammunition feeding device" -
(A) means a magazine, belt, drum, feed strip, or similar device manufactured
after the date of enactment of the Violent Crime Control and Law Enforcement Act
of 1994 that has a capacity of, or that can be readily restored or converted to
accept, more than 10 rounds of ammunition; but
(B) does not include an attached tubular device designed to accept, and capable
of operating only with, .22 caliber rimfire ammunition.

(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), the term “misdemeanor crime of
domestic violence” means an offense that —
(i) is a misdemeanor under Federal or State law; and
(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) in the case of a prosecution for an offense described in this
paragraph for which a person was entitled to a jury trial in the jurisdiction in
which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have
the case tried by a jury, by guilty plea or otherwise.
(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) a device incorporated into the design of the firearm that is designed to
prevent the operation of the firearm by anyone not having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that is designed to
be or can be used to store a firearm and that is designed to be unlocked only by
means of a key, a combination, or other similar means.
(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.
Editor’s Note
Section 921(a)(34) was enacted by Public Law 105-277 on October 21, 1998, and
became effective on April 19, 1999. No subparagraph (c) was enacted in subsection
(a)(33).

(Added Pub.L. 90-351, Title IV, § 902, June 19, 1968, 82 Stat. 226, and 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), 110401(a),
110519, Title XXXIII, § 330021(1), Sept. 13, 1994, 108 Stat. 1997, 1999, 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-
371; Pub.L. 105-277, Div. A, § 101(b) [Title I, § 119(a)], § 101(h) [Title I, § 115],
Oct. 21, 1998, 112 Stat. 2681 - ____, 2681 - ____.)

§ 922. Unlawful acts
(a) It shall be unlawful -

(1) for any person -
(A) except a licensed importer, licensed manufacturer, or licensed dealer,
to engage in the business of importing, manufacturing, or dealing in firearms,
or in the course of such business to ship, transport, or receive any firearm in
interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to engage in the
business of importing or manufacturing ammunition, or in the course of such
business, to ship, transport, or receive any ammunition in interstate or
foreign commerce;

(2) for any importer, manufacturer, dealer, or collector licensed under the
provisions of this chapter to ship or transport in interstate or foreign commerce
any firearm to any person other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, except that -
(A) this paragraph and subsection (b)(3) shall not be held to preclude a
licensed importer, licensed manufacturer, licensed dealer, or licensed
collector from returning a firearm or replacement firearm of the same kind and
type to a person from whom it was received; and this paragraph shall not be
held to preclude an individual from mailing a firearm owned in compliance with
Federal, State, and local law to a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector;
(B) this paragraph shall not be held to preclude a licensed importer,
licensed manufacturer, or licensed dealer from depositing a firearm for
conveyance in the mails to any officer, employee, agent, or watchman who,
pursuant to the provisions of section 1715 of this title, is eligible to
receive through the mails pistols, revolvers, and other firearms capable of
being concealed on the person, for use in connection with his official duty;
and
(C) nothing in this paragraph shall be construed as applying in any manner
in the District of Columbia, the Commonwealth of Puerto Rico, or any possession
of the United States differently than it would apply if the District of
Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a
State of the United States;

(3) for any person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector to transport into or receive in the State
where he resides (or if the person is a corporation or other business entity, the
State where it maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this paragraph (A) shall
not preclude any person who lawfully acquires a firearm by bequest or intestate
succession in a State other than his State of residence from transporting the
firearm into or receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not apply to the
transportation or receipt of a firearm obtained in conformity with subsection
(b)(3) of this section, and (C) shall not apply to the transportation of any
firearm acquired in any State prior to the effective date of this chapter;

(4) for any person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, to transport in interstate or foreign
commerce any destructive device, machinegun (as defined in section 5845 of the
Internal Revenue Code of 1954), short-barreled shotgun, or short-barreled rifle,
except as specifically authorized by the Secretary consistent with public safety
and necessity;

(5) for any person (other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector) to transfer, sell, trade, give, transport,
or deliver any firearm to any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the transferor knows or
has reasonable cause to believe does not reside in (or if the person is a
corporation or other business entity, does not maintain a place of business in)
the State in which the transferor resides; except that this paragraph shall not
apply to (A) the transfer, transportation, or delivery of a firearm made to carry
out a bequest of a firearm to, or an acquisition by intestate succession of a
firearm by, a person who is permitted to acquire or possess a firearm under the
laws of the State of his residence, and (B) the loan or rental of a firearm to any
person for temporary use for lawful sporting purposes;

(6) for any person in connection with the acquisition or attempted acquisition
of any firearm or ammunition from a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, knowingly to make any false or fictitious
oral or written statement or to furnish or exhibit any false, fictitious, or
misrepresented identification, intended or likely to deceive such importer,
manufacturer, dealer, or collector with respect to any fact material to the
lawfulness of the sale or other disposition of such firearm or ammunition under
the provisions of this chapter;

(7) for any person to manufacture or import armor piercing ammunition, except
that this paragraph shall not apply to -
(A) the manufacture or importation of such ammunition for the use of the
United States or any department or agency thereof or any State or any
department, agency, or political subdivision thereof;
(B) the manufacture of such ammunition for the purpose of exportation; and
(C) any manufacture or importation for the purposes of testing or
experimentation authorized by the Secretary;

(8) for any manufacturer or importer to sell or deliver armor piercing
ammunition, except that this paragraph shall not apply to -
(A) the sale or delivery by a manufacturer or importer of such ammunition
for use of the United States or any department or agency thereof or any State
or any department, agency, or political subdivision thereof;
(B) the sale or delivery by a manufacturer or importer of such ammunition
for the purpose of exportation;
(C) the sale or delivery by a manufacturer or importer of such ammunition
for the purposes of testing or experimenting authorized by the Secretary; and

(9) for any person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, who does not reside in any State to
receive any firearms unless such receipt is for lawful sporting purposes.

(b) It shall be unlawful for any licensed importer, licensed manufacturer,
licensed dealer, or licensed collector to sell or deliver -

(1) any firearm or ammunition to any individual who the licensee knows or has
reasonable cause to believe is less than eighteen years of age, and, if the
firearm, or ammunition is other than a shotgun or rifle, or ammunition for a
shotgun or rifle, to any individual who the licensee knows or has reasonable cause
to believe is less than twenty-one years of age;

(2) any firearm to any person in any State where the purchase or possession by
such person of such firearm would be in violation of any State law or any
published ordinance applicable at the place of sale, delivery or other
disposition, unless the licensee knows or has reasonable cause to believe that the
purchase or possession would not be in violation of such State law or such
published ordinance;

(3) any firearm to any person who the licensee knows or has reasonable cause to
believe does not reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in which the
licensee's place of business is located, except that this paragraph (A) shall not
apply to the sale or delivery of any rifle or shotgun to a resident of a State
other than a State in which the licensee's place of business is located if the
transferee meets in person with the transferor to accomplish the transfer, and the
sale, delivery, and receipt fully comply with the legal conditions of sale in both
such States (and any licensed manufacturer, importer or dealer shall be presumed,
for purposes of this subparagraph, in the absence of evidence to the contrary, to
have had actual knowledge of the State laws and published ordinances of both
States), and (B) shall not apply to the loan or rental of a firearm to any person
for temporary use for lawful sporting purposes;

(4) to any person any destructive device, machinegun (as defined in section
5845 of the Internal Revenue Code of 1954), short-barreled shotgun, or
short-barreled rifle, except as specifically authorized by the Secretary
consistent with public safety and necessity; and

(5) any firearm or armor-piercing ammunition to any person unless the licensee
notes in his records, required to be kept pursuant to section 923 of this chapter,
the name, age, and place of residence of such person if the person is an
individual, or the identity and principal and local places of business of such
person if the person is a corporation or other business entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to transactions
between licensed importers, licensed manufacturers, licensed dealers, and licensed
collectors. Paragraph (4) of this subsection shall not apply to a sale or delivery
to any research organization designated by the Secretary.

(c) In any case not otherwise prohibited by this chapter, a licensed importer,
licensed manufacturer, or licensed dealer may sell a firearm to a person who does not
appear in person at the licensee's business premises (other than another licensed
importer, manufacturer, or dealer) only if -

(1) the transferee submits to the transferor a sworn statement in the following
form:
"Subject to penalties provided by law, I swear that, in the case of any
firearm other than a shotgun or a rifle, I am twenty-one years or more of
age, or that, in the case of a shotgun or a rifle, I am eighteen years or
more of age; that I am not prohibited by the provisions of chapter 44 of
title 18, United States Code, from receiving a firearm in interstate or
foreign commerce; and that my receipt of this firearm will not be in
violation of any statute of the State and published ordinance applicable
to the locality in which I reside. Further, the true title, name, and
address of the principal law enforcement officer of the locality to which
the firearm will be delivered are _______________________________________.
Signature ___________________________________Date_________________."
and containing blank spaces for the attachment of a true copy of any permit or
other information required pursuant to such statute or published ordinance;

(2) the transferor has, prior to the shipment or delivery of the firearm,
forwarded by registered or certified mail (return receipt requested) a copy of the
sworn statement, together with a description of the firearm, in a form prescribed
by the Secretary, to the chief law enforcement officer of the transferee's place
of residence, and has received a return receipt evidencing delivery of the
statement or has had the statement returned due to the refusal of the named
addressee to accept such letter in accordance with United States Post Office
Department regulations; and

(3) the transferor has delayed shipment or delivery for a period of at least
seven days following receipt of the notification of the acceptance or refusal of
delivery of the statement.
A copy of the sworn statement and a copy of the notification to the local law
enforcement officer, together with evidence of receipt or rejection of that
notification shall be retained by the licensee as a part of the records required to
be kept under section 923(g).

(d) It shall be unlawful for any person to sell or otherwise dispose of any
firearm or ammunition to any person knowing or having reasonable cause to believe
that such person -

(1) is under indictment for, or has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one year;

(2) is a fugitive from justice;

(3) is an unlawful user of or addicted to any controlled substance (as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) has been adjudicated as a mental defective or has been committed to any
mental institution;

(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United
States under a nonimmigrant visa (as that term is defined in section 101(a)(26)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

(6) who has been discharged from the Armed Forces under dishonorable
conditions;

(7) who, having been a citizen of the United States, has renounced his
citizenship;

(8) is subject to a court order that restrains such person from harassing,
stalking, or threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that would place an
intimate partner in reasonable fear of bodily injury to the partner or child,
except that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received actual notice,
and at which such person had the opportunity to participate; and
(B)(i) includes a finding that such person represents a credible threat to
the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child that
would reasonably be expected to cause bodily injury; or

(9) has been convicted in any court of a misdemeanor crime of domestic
violence.

This subsection shall not apply with respect to the sale or disposition of a firearm
or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or
licensed collector who pursuant to subsection (b) of section 925 of this chapter is
not precluded from dealing in firearms or ammunition, or to a person who has been
granted relief from disabilities pursuant to subsection (c) of section 925 of this
chapter.

(e) It shall be unlawful for any person knowingly to deliver or cause to be
delivered to any common or contract carrier for transportation or shipment in
interstate or foreign commerce, to persons other than licensed importers, licensed
manufacturers, licensed dealers, or licensed collectors, any package or other
container in which there is any firearm or ammunition without written notice to the
carrier that such firearm or ammunition is being transported or shipped; except that
any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the
duration of the trip without violating any of the provisions of this chapter. No
common or contract carrier shall require or cause any label, tag, or other written
notice to be placed on the outside of any package, luggage, or other container that
such package, luggage, or other container contains a firearm.

(f)(1) It shall be unlawful for any common or contract carrier to transport or
deliver in interstate or foreign commerce any firearm or ammunition with knowledge or
reasonable cause to believe that the shipment, transportation, or receipt thereof
would be in violation of the provisions of this chapter.
(2) It shall be unlawful for any common or contract carrier to deliver in
interstate or foreign commerce any firearm without obtaining written acknowledgement
of receipt from the recipient of the package or other container in which there is a
firearm.

(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable by imprisonment
for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as
defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to
a mental institution;
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United
States under a nonimmigrant visa (as that term is defined in section 101(a)(26)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable
conditions;
(7) who, having been a citizen of the United States, has renounced his
citizenship;
(8) who is subject to a court order that -
(A) was issued after a hearing of which such person received actual notice,
and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an
intimate partner of such person or child of such intimate partner or person, or
engaging in other conduct that would place an intimate partner in reasonable
fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to
the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child that
would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic
violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

(h) It shall be unlawful for any individual, who to that individual's knowledge
and while being employed for any person described in any paragraph of subsection (g)
of this section, in the course of such employment -
(1) to receive, possess, or transport any firearm or ammunition in or affecting
interstate or foreign commerce; or
(2) to receive any firearm or ammunition which has been shipped or transported
in interstate or foreign commerce.

(i) It shall be unlawful for any person to transport or ship in interstate or
foreign commerce, any stolen firearm or stolen ammunition, knowing or having
reasonable cause to believe that the firearm or ammunition was stolen.

(j) It shall be unlawful for any person to receive, possess, conceal, store,
barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or
accept as security for a loan any stolen firearm or stolen ammunition, which is
moving as, which is a part of, which constitutes, or which has been shipped or
transported in, interstate or foreign commerce, either before or after it was stolen,
knowing or having reasonable cause to believe that the firearm or ammunition was
stolen.

(k) It shall be unlawful for any person knowingly to transport, ship, or receive,
in interstate or foreign commerce, any firearm which has had the importer's or
manufacturer's serial number removed, obliterated, or altered or to possess or
receive any firearm which has had the importer's or manufacturer's serial number
removed, obliterated, or altered and has, at any time, been shipped or transported in
interstate or foreign commerce.

(l) Except as provided in section 925(d) of this chapter, it shall be unlawful for
any person knowingly to import or bring into the United States or any possession
thereof any firearm or ammunition; and it shall be unlawful for any person knowingly
to receive any firearm or ammunition which has been imported or brought into the
United States or any possession thereof in violation of the provisions of this
chapter.

(m) It shall be unlawful for any licensed importer, licensed manufacturer,
licensed dealer, or licensed collector knowingly to make any false entry in, to fail
to make appropriate entry in, or to fail to properly maintain, any record which he is
required to keep pursuant to section 923 of this chapter or regulations promulgated
thereunder.

(n) It shall be unlawful for any person who is under indictment for a crime
punishable by imprisonment for a term exceeding one year to ship or transport in
interstate or foreign commerce any firearm or ammunition or receive any firearm or
ammunition which has been shipped or transported in interstate or foreign commerce.

(o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to
transfer or possess a machinegun.
(2) This subsection does not apply with respect to -
(A) a transfer to or by, or possession by or under the authority of, the
United States or any department or agency thereof or a State, or a department,
agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was
lawfully possessed before the date this subsection takes effect.

(p)(1) It shall be unlawful for any person to manufacture, import, sell, ship,
deliver, possess, transfer, or receive any firearm -
(A) that, after removal of grips, stocks, and magazines, is not as
detectable as the Security Exemplar, by walk-through metal detectors calibrated
and operated to detect the Security Exemplar; or
(B) any major component of which, when subjected to inspection by the types
of x-ray machines commonly used at airports, does not generate an image that
accurately depicts the shape of the component. Barium sulfate or other compounds
may be used in the fabrication of the component.
(2) For purposes of this subsection -
(A) the term "firearm" does not include the frame or receiver of any such
weapon;
(B) the term "major component" means, with respect to a firearm, the barrel,
the slide or cylinder, or the frame or receiver of the firearm; and
(C) the term "Security Exemplar" means an object, to be fabricated at the
direction of the Secretary, that is -
(i) constructed of, during the 12-month period beginning on the date of
the enactment of this subsection, 3.7 ounces of material type 17-4 PH stainless
steel in a shape resembling a handgun; and
(ii) suitable for testing and calibrating metal detectors:
Provided, however, That at the close of such 12-month period, and at appropriate
times thereafter the Secretary shall promulgate regulations to permit the
manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt
of firearms previously prohibited under this subparagraph that are as detectable as a
"Security Exemplar" which contains 3.7 ounces of material type 17-4 PH stainless
steel, in a shape resembling a handgun, or such lesser amount as is detectable in
view of advances in state-of-the-art developments in weapons detection technology.
(3) Under such rules and regulations as the Secretary shall prescribe, this
subsection shall not apply to the manufacture, possession, transfer, receipt,
shipment, or delivery of a firearm by a licensed manufacturer or any person acting
pursuant to a contract with a licensed manufacturer, for the purpose of examining and
testing such firearm to determine whether paragraph (1) applies to such firearm. The
Secretary shall ensure that rules and regulations adopted pursuant to this paragraph
do not impair the manufacture of prototype firearms or the development of new
technology.
(4) The Secretary shall permit the conditional importation of a firearm by a
licensed importer or licensed manufacturer, for examination and testing to determine
whether or not the unconditional importation of such firearm would violate this
subsection.
(5) This subsection shall not apply to any firearm which -
(A) has been certified by the Secretary of Defense or the Director of
Central Intelligence, after consultation with the Secretary and the Administrator
of the Federal Aviation Administration, as necessary for military or intelligence
applications; and
(B) is manufactured for and sold exclusively to military or intelligence
agencies of the United States.
(6) This subsection shall not apply with respect to any firearm manufactured
in, imported into, or possessed in the United States before the date of the enactment
of the Undetectable Firearms Act of 1988.

(q)(1) The Congress finds and declares that -
(A) crime, particularly crime involving drugs and guns, is a pervasive,
nationwide problem;
(B) crime at the local level is exacerbated by the interstate movement of
drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce and have been
found in increasing numbers in and around schools, as documented in numerous
hearings in both the Committee n the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its component
parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary citizens and
foreign visitors may fear to travel to or through certain parts of the country due
to concern about violent crime and gun violence, and parents may decline to send
their children to school for the same reason;
(F) the occurrence of violent crime in school zones has resulted in a
decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact on
interstate commerce and the foreign commerce of the United States;
(H) States, localities, and school systems find it almost impossible to
handle gun-related crime by themselves - even States, localities, and school
systems that have made strong efforts to prevent, detect, and punish gun-related
crime find their efforts unavailing due in part to the failure or inability of
other States or localities to take strong measures; and
(I) Congress has the power, under the interstate commerce clause and other
provisions of the Constitution, to enact measures to ensure the integrity and
safety of the Nation's schools by enactment of this subsection.
(2)(A) It shall be unlawful for any individual knowingly to possess a firearm
that has moved in or that otherwise affects interstate or foreign commerce at a place
that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the
State in which the school zone is located or a political subdivision of the State,
and the law of the State or political subdivision requires that, before an
individual obtains such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified under law to receive
the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a
motor vehicle;
(iv) by an individual for use in a program approved by a school in the
school zone;
(v) by an individual in accordance with a contract entered into between a
school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity;
or
(vii) that is unloaded and is possessed by an individual while traversing
school premises for the purpose of gaining access to public or private lands open
to hunting, if the entry on school premises is authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any
person, knowingly or with reckless disregard for the safety of another, to discharge
or attempt to discharge a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm -
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an
individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between
a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.
(4) Nothing in this subsection shall be construed as preempting or preventing a
State or local government from enacting a statute establishing gun free school zones
as provided in this subsection.

(r) It shall be unlawful for any person to assemble from imported parts any
semiautomatic rifle or any shotgun which is identical to any rifle or shotgun
prohibited from importation under section 925(d)(3) of this chapter as not being
particularly suitable for or readily adaptable to sporting purposes except that this
subsection shall not apply to -
(1) the assembly of any such rifle or shotgun for sale or distribution by a
licensed manufacturer to the United States or any department or agency thereof or
to any State or any department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes of testing or
experimentation authorized by the Secretary.

(s)(1) Beginning on the date that is 90 days after the date of enactment of this
subsection and ending on the day before the date that is 60 months after such date of
enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or
licensed dealer to sell, deliver, or transfer a handgun (other than the return of a
handgun to the person from whom it was received) to an individual who is not licensed
under section 923, unless -
(A) after the most recent proposal of such transfer by the transferee -
(i) the transferor has -
(I) received from the transferee a statement of the transferee containing
the information described in paragraph (3);
(II) verified the identity of the transferee by examining the
identification document presented;
(III) within 1 day after the transferee furnishes the statement, provided
notice of the contents of the statement to the chief law enforcement officer
of the place of residence of the transferee; and
(IV) within 1 day after the transferee furnishes the statement,
transmitted a copy of the statement to the chief law enforcement officer of
the place of residence of the transferee; and
(ii)(I) 5 business days (meaning days on which State offices are open) have
elapsed from the date the transferor furnished notice of the contents of the
statement to the chief law enforcement officer, during which period the
transferor has not received information from the chief law enforcement officer
that receipt or possession of the handgun by the transferee would be in
violation of Federal, State, or local law; or
(II) the transferor has received notice from the chief law enforcement
officer that the officer has no information indicating that receipt or
possession of the handgun by the transferee would violate Federal, State, or
local law;
(B) the transferee has presented to the transferor a written statement, issued
by the chief law enforcement officer of the place of residence of the transferee
during the 10-day period ending on the date of the most recent proposal of such
transfer by the transferee, stating that the transferee requires access to a
handgun because of a threat to the life of the transferee or of any member of the
household of the transferee;
(C)(i) the transferee has presented to the transferor a permit that -
(I) allows the transferee to possess or acquire a handgun; and
(II) was issued not more than 5 years earlier by the State in which the
transfer is to take place; and
(ii) the law of the State provides that such a permit is to be issued only
after an authorized government official has verified that the information
available to such official does not indicate that possession of a handgun by the
transferee would be in violation of the law;
(D) the law of the State requires that, before any licensed importer, licensed
manufacturer, or licensed dealer completes the transfer of a handgun to an
individual who is not licensed under section 923, an authorized government
official verify that the information available to such official does not indicate
that possession of a handgun by the transferee would be in violation of law;
(E) the Secretary has approved the transfer under section 5812 of the Internal
Revenue Code of 1986; or
(F) on application of the transferor, the Secretary has certified that
compliance with subparagraph (A)(i)(III) is impracticable because -
(i) the ratio of the number of law enforcement officers of the State in
which the transfer is to occur to the number of square miles of land area of
the State does not exceed 0.0025;
(ii) the business premises of the transferor at which the transfer is to
occur are extremely remote in relation to the chief law enforcement officer;
and
(iii) there is an absence of telecommunications facilities in the
geographical area in which the business premises are located.
(2) A chief law enforcement officer to whom a transferor has provided notice
pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effort to ascertain
within 5 business days whether receipt or possession would be in violation of the
law, including research in whatever State and local recordkeeping systems are
available and in a national system designated by the Attorney General.
(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only -
(A) the name, address, and date of birth appearing on a valid identification
document (as defined in section 1028(d)(1)) of the transferee containing a
photograph of the transferee and a description of the identification used;
(B) a statement that the transferee -
(i) is not under indictment for, and has not been convicted in any court of,
a crime punishable by imprisonment for a term exceeding 1 year and has not been
convicted in any court of a misdemeanor crime of domestic violence;
(ii) is not a fugitive from justice;
(iii) is not an unlawful user of or addicted to any controlled substance (as
defined in section 102 of the Controlled Substances Act);
(iv) has not been adjudicated as a mental defective or been committed to a
mental institution;
(v) is not an alien who –
(I) is illegally or unlawfully in the United States; or
(II) subject to subsection (y)(2), has been admitted to the United States
under a nonimmigrant visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(vi) has not been discharged from the Armed Forces under dishonorable
conditions; and
(vii) is not a person who, having been a citizen of the United States, has
renounced such citizenship;
(C) the date the statement is made; and
(D) notice that the transferee intends to obtain a handgun from the transferor.
(4) Any transferor of a handgun who, after such transfer, receives a report from a
chief law enforcement officer containing information that receipt or possession of
the handgun by the transferee violates Federal, State, or local law shall, within 1
business day after receipt of such request, communicate any information related to
the transfer that the transferor has about the transfer and the transferee to -
(A) the chief law enforcement officer of the place of business of the
transferor; and
(B) the chief law enforcement officer of the place of residence of the
transferee.
(5) Any transferor who receives information, not otherwise available to the
public, in a report under this subsection shall not disclose such information except
to the transferee, to law enforcement authorities, or pursuant to the direction of a
court of law.
(6)(A) Any transferor who sells, delivers, or otherwise transfers a handgun to a
transferee shall retain the copy of the statement of the transferee with respect to
the handgun transaction, and shall retain evidence that the transferor has complied
with subclauses (III) and (IV) of paragraph (1)(A)(i) with respect to the statement.
(B) Unless the chief law enforcement officer to whom a statement is transmitted
under paragraph (1)(A)(i)(IV) determines that a transaction would violate Federal,
State, or local law -
(i) the officer shall, within 20 business days after the date the transferee
made the statement on the basis of which the notice was provided, destroy the
statement, any record containing information derived from the statement, and any
record created as a result of the notice required by paragraph (1)(A)(i)(III);
(ii) the information contained in the statement shall not be conveyed to any
person except a person who has a need to know in order to carry out this
subsection; and
(iii) the information contained in the statement shall not be used for any
purpose other than to carry out this subsection.
(C) If a chief law enforcement officer determines that an individual is
ineligible to receive a handgun and the individual requests the officer to provide
the reason for such determination, the officer shall provide such reasons to the
individual in writing within 20 business days