Legal
Firearm Definitions
Definitions
From THE GUN CONTROL ACT OF 1968 - Click Here
Definitions
From THE NATIONAL FIREARMS ACT
TITLE 26, UNITED STATES CODE, CHAPTER 53
INTERNAL REVENUE CODE
CHAPTER
53 - MACHINE GUNS, DESTRUCTIVE DEVICES,
AND CERTAIN OTHER
FIREARMS
SUBCHAPTER
B:
PART
I – GENERAL PROVISIONS
SEC.
5845. Definitions
For the purpose of this chapter -
(a)
Firearm. - The term "firearm"
means (1) a shotgun having a barrel or barrels
of less than 18 inches in length; (2) a weapon
made from a shotgun if such weapon as
modified has an overall length of less than 26
inches or a barrel or barrels of less
than 18 inches in length; (3) a rifle having a
barrel or barrels of less than 16
inches in length; (4) a weapon made from a rifle
if such weapon as modified has an
overall length of less than 26 inches or a barrel
or barrels of less than 16 inches
in length; (5) any other weapon, as defined in
subsection (e); (6) a machinegun; (7)
any silencer (as defined in section 921 of title
18, United States Code); and (8) a
destructive device. The term "firearm"
shall not include an antique firearm or any
device (other than a machinegun or destructive
device) which, although designed as a
weapon, the Secretary finds by reason of the date
of its manufacture, value, design,
and other characteristics is primarily a collector's
item and is not likely to be
used as a weapon.
(b)
Machinegun. - The term "machinegun"
means any weapon which shoots, is designed to
shoot, or can be readily restored to shoot, automatically
more than one shot, without manual reloading,
by a single function of the trigger. The term
shall also
include the frame or receiver of any such weapon,
any part designed and intended
solely and exclusively, or combination of parts
designed and intended, for use in
converting a weapon into a machinegun, and any
combination of parts from which a
machinegun can be assembled if such parts are
in the possession or under the control
of a person.
(c)
Rifle. - 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 the explosive
in a fixed cartridge to fire only a
single projectile through a rifled bore for each
single pull of the trigger, and
shall include any such weapon which may be readily
restored to fire a fixed
cartridge.
(d)
Shotgun. - 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 the explosive
in a fixed shotgun shell to fire
through a smooth bore either a number of projectiles
(ball shot) or a single
projectile for each pull of the trigger, and shall
include any such weapon which may
be readily restored to fire a fixed shotgun shell.
(e)
Any other weapon. - The term
"any other weapon" means any weapon
or device
capable of being concealed on the person from
which a shot can be discharged through
the energy of an explosive, a pistol or revolver
having a barrel with a smooth bore
designed or redesigned to fire a fixed shotgun
shell, weapons with combination
shotgun and rifle barrels 12 inches or more, less
than 18 inches in length, from
which only a single discharge can be made from
either barrel without manual
reloading, and shall include any such weapon which
may be readily restored to fire.
Such term shall not include a pistol or a revolver
having a rifled bore, or rifled
bores, or weapons designed, made, or intended
to be fired from the shoulder and not
capable of firing fixed ammunition.
(f)
Destructive device. - The term
"destructive device" means (1) any explosive,
incendiary, or poison gas (A) bomb, (B) grenade,
(C) rocket having a propellant
charge of more than four ounces, (D) missile having
an explosive or incendiary charge
of more than one-quarter ounce, (E) mine, or (F)
similar device; (2) any type of
weapon 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,
the barrel or barrels
of which have a bore of more than one-half inch
in diameter, except a shotgun or
shotgun shell which the Secretary finds is generally
recognized as particularly
suitable for sporting purposes; and (3) any combination
of parts either designed or
intended for use in converting any device into
a destructive device as defined in
subparagraphs (1) and (2) 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 of the United States
Code; or any other device which the
Secretary finds is not likely to be used as a
weapon, or is an antique or is a rifle
which the owner intends to use solely for sporting
purposes.
(g)
Antique firearm. - The term "antique
firearm" means any firearm not designed
or redesigned for using rim fire or conventional
center fire ignition with fixed
ammunition and manufactured in or before 1898
(including any matchlock, flintlock,
percussion cap, or similar type of ignition system
or replica thereof, whether
actually manufactured before or after the year
1898) and also any firearm using fixed
ammunition manufactured in or before 1898, for
which ammunition is no longer
manufactured in the United States and is not readily
available in the ordinary
channels of commercial trade.
(h)
Unserviceable firearm. - The
term "unserviceable firearm" means a
firearm
which is incapable of discharging a shot by means
of an explosive and incapable of
being readily restored to a firing condition.
(i)
Make. - The term "make",
and the various derivatives of such word, shall
include manufacturing (other than by one qualified
to engage in such business under
this chapter), putting together, altering, any
combination of these, or otherwise
producing a firearm.
(j)
Transfer. - The term "transfer"
and the various derivatives of such word,
shall include selling, assigning, pledging, leasing,
loaning, giving away, or
otherwise disposing of.
(k)
Dealer. - The term "dealer"
means any person, not a manufacturer or importer,
engaged in the business of selling, renting, leasing,
or loaning firearms and shall
include pawnbrokers who accept firearms as collateral
for loans.
(l)
Importer. - The term "importer"
means any person who is engaged in the
business of importing or bringing firearms into
the United States.
(m)
Manufacturer. - The term "manufacturer"
means any person who is engaged in the
business of manufacturing firearms.
(Added
Pub.L. 90-618, Title II, § 201, Oct. 22,
1968, 82 Stat. 1230, and amended
Pub.L. 94-455, Title XIX, § 1906(b)(13)(A),
(J), Oct. 4, 1976, 90 Stat. 1834, 1835;
Pub.L. 99-308, § 109, May 19, 1986, 100 Stat.
460.)
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
Chapter 44 Firearms
Sec.
921. Definitions
(a)
As used in this chapter –
(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.
(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.
(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.
(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.
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 - ____.)
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