----------------------- Page 1----------------------U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Of ce of Enforcement Programs and Services, Firearms Programs Division 1972 ATF Bureau of Alcohol, Tobacco, Firearms and Explosives FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE 2005 ATF Publication 5300.4 Revised September 2005 ----------------------- Page 2----------------------SPECIAL MESSAGE from the Director Bureau of Alcohol, Tobacco, Firearms and Explosives WASHINGTON, DC 20226 Dear Federal Firearms Licensee: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the primary age ncy responsible for enforcing the Federal firearms laws. Our mission is to prevent terrorism, reduc e violent crime, and protect the public. With respect to firearms, ATF works to take armed, violent offender s off the streets and to ensure criminals and other prohibited persons do not possess firearms. Licensees play a critical role in protecting America from violent firearms crime through responsible and lawful distribution of firearms and accurate recordkeeping which assists ATF in tracing guns used to commit crimes. By complying with Federal law, licensees prevented the sale of m ore than 870,000 firearms to prohibited persons from November 1998 through September 2005. An untold number of lives have been saved and countless crimes have been prevented by stopping such transa ctions from taking place.

Dedicated licensees also make significant contributions to crime prevention effo rts through active support of such collaborative efforts as the National Shooting Sports Foundation (NSSF) campaign Dont Lie for the Other Guy. We are grateful to the scores of licensees who cooperate with ATF in preventing illegal straw purchases, which helps to disrupt firearms trafficking organizations. We encourage your continued support and we thank you for reporting suspicious criminal activity and firearms thefts to ATF. Please note, to report a theft, you should call 1-888-930-9275, and to report other cri minal activity, you should call 1-800-ATF-GUNS. The 2005 edition of the Federal Firearms Regulations Reference Guide provides in formation designed to help you comply with all of the laws and regulations governing the manufacture, importation, and distribution of firearms and ammunition. Accordingly, it contains the relevant Federal firearms laws and regulations, some of which have changed since the 2000 edition. It also contain s rulings, general information, and questions and answers to give you further guidance on the Feder al firearms laws. The laws and regulations are in a different order from previous versions so that thi s publication will be easier to use. This new edition also contains additional points of contact to help you get in touch with ATF more easily. Since firearms laws can change over time, please be aware that the information i n this book may change after the date of publication. The ATF Web site at www.atf.gov is an excellent source for up-to-date information. As always, you are welcome to contact your local ATF field office for information or assistance. Sincerely yours, Carl J. Truscott Director ----------------------- Page 3----------------------FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE 2005 TABLE OF CONTENTS I. 1 II. Editors Note .......................................................... ............................................................ 3 III. Laws and Regulations A. Gun Control Act Message from the Director ......

1. 18 U.S.C. Chapter 44 ....................................... ..................................................... 4 2. 27 CFR Part 478.............................................. ....................................................... 32 B. National Firearms Act 1. 26 U.S.C. Chapter 53 ............................. ............................................................... 74 2. 27 CFR Part 479............................................... ...................................................... 79 C. Arms Export Control Act 1. 22 U.S.C. Chapter 2778 ..................................... ................................................... 98 2. 27 CFR Part 447............................................... ......................................................101 28 CFR Part 25 (National Instant Criminal Background Check System Regulations) .. ........................111 E. (Nonmailable Firearms) 18 U.S.C. Section 1715 ................... .....................................118 IV. Additional Information D.

A. Rulings, Procedures, and Industry Circulars ....................... .........................................119 B. General Information ............................................. ........................................................153 C. Questions and Answers ............................................. ..................................................169 D. Key Information 1. ATF Points of Contact ........................................ ....................................................202 2. ATF Industry Operations Field Offices ...................... ............................................203 3. Non-ATF Points of Contact .................................... ................................................213 4. State Attorney Generals ...................................... ...................................................214 E. NICS Forms, Flyers, and Brochures 1. NICS Enrollment Form ......................................... ..................................................216 2. A NICS Delay ................................................. ........................................................218 3. What is a business day for NICS Purposes? ...................... .................................220 4. Reference Guide .............................................. ......................................................221 5. NICS E-Check..................................................

.......................................................222 6. Gun Buyers Resolution Guide ................................... ............................................225 7. Guide for Appealing a Firearm Transfer Denial ................ .....................................226 V. Index ................................................................ ..................................................................228 2 ----------------------- Page 4----------------------EDITORS NOTE The cross references, bracketed notes, and Editors notes seen in the laws and reg ulations are for guidance and assistance only and do not appear in the official United States Code and Code of F ederal Regulations. 3 ----------------------- Page 5----------------------THE GUN CONTROL ACT OF 1968 TITLE 18, UNITED STATE CODE, CHAPTER 44 TITLE I : STATE FIREARMS restricted ammunition. ter gun) o or may CONTROL ASSISTANCE 930 Possess readily be converted to expel a projecdange tile by the action of an e the frame or receiver eral of any which weapon 929 (including Use of a star t

will or is designed

ion of firearms and rous weapons in Fedxplosive; (B) PURPOSE facilities. any such eSec. 101. The tion on purchase, ownCongress

weapon; (C) any firearm muffler or fir hereby de 931 Prohibi arm silencer; or (D) any destructive de-

clares that the purpose of this title is to ershi p, or possession of body vice. Such term does not i nclude an provide support to Federal, State, and armor by violent felons. antique firearm. local law enforcement officials in their fight against crime and violence, and it is not (4) The term "destructive device" the purpose of this title to place any unEdi

tors Note: means due or unnecessary Federal restrictions or burdens on law-abiding citizens with reOn September 13, 1994, Congress passed (A) any explosive, incen diary, or spect to the acquisition, possession, or the Violent Crim e Control and Law Enpoison gas use of firearms appropriate to the purpose forcement Act of 199 4, Public Law 103-322. of hunting, trapshooting, target shooting, Title IX, Subtitle A , Section 110105 of this (i) bomb, personal protection, or any other lawful Act generally made i t unlawful to manufacactivity, and that this title is not intended ture, transfer a nd possess semiautomatic (ii) grenade, to discourage or eliminate the private assault weapons (SAWs) and to transfer ownership or use of firearms by lawand possess la rge capacity ammunition (iii) rocket having a propellant abiding citizens for lawful purposes, or feeding devices (LCAFDs). The law also charge of more than four ounces, provide for the imposition by Federal required importe rs and manufacturers to regulations of any procedures or requireplace certain markings on SAWs and (iv) missile having an explosive ments other than those reasonably necLCAFDs, designating they were for export or incendiary charge of more tha n essary to implement and effectuate the or law enforceme nt/government use. Sigone-quarter ounce, provisions of this title. nificantly, the law provided that it would expire 10 years from the date of enactment. (v) mine, or Chapter 44 Firearms Accordingly, effe ctive 12:01 a.m. on September 13, 2004, the provisions of the law (vi) device similar to any of the 921 Definitions. ceased to apply. These provisions are devices described in the preceding marked repealed in thi s publication. 922 Unlawful acts. an 923 which the is gener 924 chapter suitPenalties. ally recognized Attorney General finds clauses; (B) any type of weapon (other th Licensing. a shotgun or 921 Definitions. a shotgun shell

(a) As used in this as particularly

able for sporting purpos es) by 925 Exceptions: Relief from dis(1) The term "pe rson" and the term whatever name known which will, or abilities. "whoever" includ e any individual, corwhich may be readily conver ted to, poration, com pany, association, firm, expel a projectile by the action of an 925A Remedy for erroneous denial partnership, societ y, or joint stock comexplosive or other propellan t, and of firearms. pany. which has any barrel with a bore of more than one-half inch in diameter ; 926 "interstate Rules and regulations. or foreign (2) The and term

commerce" includes commerce be 926A Interstate transportation of tween any pla ce in a State and any (C) any combination of parts eithe r firearms. place outside of that State, or within designed or intended for use in con any possession of the United States verting any device into any destruc 926B Carrying of concealed fire(not including the Canal Zone) or the tive device described in arms by qualified law enDistrict of C olumbia, but such term subparagraph (A) or (B) and from forcement officers. does not inc lude commerce between which a destructive device may be places withi n the same State but readily assembled. 926C Carrying of concealed firethrough any place o utside of that State. arms by qualified retired law The term "Stat e" includes the District enforcement officers. of Columbia, the Commonwealth of The term "destructive device" shall not Puerto Rico, and the possessions of the include any device which is nei ther de 927 Effect on State law. United States ( not including the Canal signed nor redesigned for use as a Zone).

weapon; originally 928 hich is means (A) redesigned Separability. designed rm "firearm" ng, pyro4 ----------------------- Page 6----------------------for

any use for

device, as use a as

although weapon, w

(3) The te a signali

technic, line throwing, safety, or similar (B) any person en gaged in the business receiver, any firearm whi ch is condevice; surplus ordinance sold, loaned, or of repairing fire arms or of making or fitverted into a muzzle loading weap on, given by the Secretary of the Army pursuting special barrels, stocks, or trigger or any muzzle loading weapon whic h ant to the provisions of section 4684(2), mechanisms to firearms, or (C) any can be readily converted to fire fixed 4685, or 4686 of title 10; or any other person who is a p awnbroker. The term ammunition by replacing the barrel, device which the Attorney General finds is "licensed d ealer" means any dealer bolt, breechblock, or any combina tion not likely to be used as a weapon, is an who is licensed u nder the provisions of thereof. antique, or is a rifle which the owner inthis chapter. tends to use solely for sporting, recrea(17) (A) The term "ammu nition" tional or cultural purposes. (12) The term "pawnbroker" means means ammunition or cartridge cases, any person whose business or occupaprimers, bullets, or propella nt powder (5) The term "shotgun" means a tion includes the taking or receiving, by designed for use in any firearm. weapon designed or redesigned, made way of pledge or pawn, of any firearm or remade, and intended to be fired as security f or the payment or repay(B) The term "armor piercing from the shoulder and designed or rement of money. ammunition" means designed and made or remade to use the energy of an explosive to fire (13) The term "collector" means any (i) a projectile or projectile core through a smooth bore either a number person who acquires, holds, or diswhich may be used in a handgun of ball shot or a single projectile for poses of firearms

as curios or relics, as entirely each single pull of the trigger. ral shall by regulation of traces d

and

which

is constructe the Attorney Gene the presence

(excluding

define, and the t erm "licensed collecof other substances) from one or a (6) The term "short-barreled shottor" means an y such person licensed combination of tungste n alloys, gun" means a shotgun having one or under the provisi ons of this chapter. steel, iron, brass, bronze, be ryllium more barrels less than eighteen inches copper, or depleted uranium; o r in length and any weapon made from a (14) The term "indictment" includes shotgun (whether by alteration, modifian indictment or information in any (ii) a full jacketed projectile larcation, or otherwise) if such weapon as court under w hich a crime punishable ger than .22 caliber designed and modified has an overall length of less by imprisonment for a term exceeding intended for use in a handgun and than twenty-six inches. one year may be p rosecuted. whose jacket has a weight of m ore than 25 percent of the total w eight (7) The term "rifle" means a weapon (15) The term "fugitive from jusof the projectile. designed or redesigned, made or retice" means a ny person who has fled made, and intended to be fired from the from any State to avoid prosecution for (C) The term "armor piercing shoulder and designed or redesigned a crime or to avo id giving testimony in ammunition" does not include shot and made or remade to use the energy any criminal proc eeding. gun shot required by Federal or S tate of an explosive to fire only a single proenvironmental or game regulations jectile through a rifled bore for each (16) The term "antique firearm" for hunting purposes, a frangible prosingle pull of the trigger. means jectile designed for target shootin g, a projectile which the Attorney Gen eral (8) The term "short-barreled rifle" (A) any fir

earm (including any fireused means a rifle having one or more matchlock, flintlock, perany other rels less than sixteen inches in r similar type of ignition ch the and any weapon made from anufactured in or before d to (whether by alteration, modification, rposes, inotherwise) if such weapon, as modified,

finds is primarily intended to be barfor sporting arm with a purposes, or

length cussion cap, o projectile or projectile core whi a rifle system) m Attorney General finds is intende or be used cluding a for 1898; or industrial used pu in

charge

an oil and has an overall length replica of any firearm detwenty-six inches. subparagraph (A) if such

of less

than (B) any gas well perforating device. scribed in (18) The replica term Attorney G

eneral (9) The term "importer" means any means the Attorney Genera of the person engaged in the business of im(i) is n ot designed or redesigned United States. porting or bringing firearms or ammunifor usin g rimfire or conventional tion into the United States for purposes centerfire fixed ammunition, or (19) The term "published ordiof sale or distribution; and the term "linance" means a published law of any censed importer" means any such (ii) u ses rimfire or conventional political subdivision of a State whi ch the person licensed under the provisions of centerfire fixed ammunition which Attorney General determines to be this chapter is no l onger manufactured in the relevant to the enforcement of this United States and which is not chapter and which is contained on a list (10) The term "manufacturer" readily available in the ordinary compiled by the Attorney General, means any person engaged in the channels of commercial trade; or which list shall be published in the Fedbusiness of manufacturing firearms or eral Register, revised annually, and furammunition for purposes of sale or dis(C) any muz zle loading rifle, muznished to each licensee l

under this tribution; and the term "licensed zle loading sh otgun, or muzzle loadchapter. manufacturer" means any such pering pistol, which is designed to use son licensed under the provisions of black powd er, or a black powder (20) The term "crime punishable b y this chapter. substitute, and which cannot use imprisonment for a term exce eding fixed ammun ition. For purposes of one year" does not include (11) The term "dealer" means (A) this subparagr aph, the term "antique any person engaged in the business of firearm" shall not include any weapon (A) any Federal or Stat e offenses selling firearms at wholesale or retail, which incorpor ates a firearm frame or pertaining to antitrust vio lations, un-

5 ----------------------- Page 7----------------------fair trade practices, restraints of who makes occasi onal repairs of fireand "firearm muffler" mean any detrade, or other similar offenses relatarms, or who occ asionally fits special vice for silencing, muffling, or diminish ing to the regulation of business barrels, stoc ks, or trigger mechaing the report of a portable firearm, practices, or nisms to firearm s; including any combination of parts, designed or redesigned, and intended for (B) any State offense classified by (E) as ap to an importer of use in assembling or fabricating a firefirearms, a pers muffler, and any attention, and l for use in arms as a regula business the principal objective What constitutes a conviction of such a and profit through the (25) The zone" crime shall be determined in accordance ribution of the firearms means with the law of the jurisdiction in which the proceedings were held. Any conviction of term with

plied

the laws of the State as a misdeon who devotes time, arm silencer or firearm meanor and punishable by a term of abor to importing firepart intended only such asimprisonment of two years or less. r course of trade or sembly or fabrication.

livelihood "school or dist

sale

imported; and

(A) in, or on the grounds of, a pub which has been expunged, or set aside, (F) as ap plied to an importer of lic, parochial or private school; or or for which a person has been pardoned ammunition, a person who devotes or has had civil rights restored, shall not time, attention, and labor to importing (B) within a distance of 1,000 feet be considered a conviction for purposes ammunition as a regular course of from the grounds of a public , paroof this chapter, unless such pardon, extrade or bus iness with the principal chial or private school. pungement, or restoration of civil rights objective o f livelihood and profit expressly provides that the person may through the sale or distribution of the (26) The term "school" mea ns a not ship, transport, possess, or receive ammunition impor ted. school which provides elementar y or firearms. secondary education, as deter mined (22) The te rm "with the principal under State law. (21) The term "engaged in the busiobjective of livelihood and profit" ness" means means that the intent underlying the (27) The term "motor vehicle" has sale or disposi firearms is prethe meaning given such term in section (A) as applied to a manufacturer of dominantly one of obtaining livelihood 13102 of title 49, United States Code. firearms, a person who devotes time, and pecuniary gain, as opposed to attention, and labor to manufacturing other intents, such as improving or liq(28) The term "semiautomatic rifle" firearms as a regular course of trade uidating a pers onal firearms collection: means any repeating rifle which utilizes tion of or business with the principal objecProvided, That proo f of profit shall not a portion of the energy of a firing cartive of livelihood and profit through be required a s to a person who entridge to extract the fired cartridge cas e the sale or distribution of the firearms gages in the regula r and repetitive purand chamber the next round, and which manufactured; chase and dis position of firearms for requires a separate pull of the trigger to criminal purposes o r terrorism. For purfire each cartridge. (B) as applied to a manufacturer of poses of this parag raph, the term "terammunition, a person who devotes rorism" mean s activity, directed (29) The term "handgun" means

time, attention, and labor to manufacagainst United Stat es persons, which turing ammunition as a regular (A) a firearm which has a short course of trade or business with the (A) is co mmitted by an individual stock and is designed to be held and principal objective of livelihood and who is not a national or permanent fired by the use of a single hand; and profit through the sale or distribution f the United States; of the ammunition manufactured; from (B) involve s violent acts or acts which a firearm described in sub(C) as applied to a dealer in firedangerous to hum an life which would paragraph (A) can be assembled. arms, as defined in section be a crimina l violation if committed 921(a)(11)(A), a person who devotes within the j urisdiction of the United (30) Repealed. time, attention, and labor to dealing States; and in firearms as a regular course of (31) Repealed. trade or business with the principal (C) is intend ed objective of livelihood and profit (32) The term "intimate pa rtner" through the repetitive purchase and (i) to int imidate or coerce a civilmeans, with respect to a perso n, the resale of firearms, but such term ian populatio n; spouse of the person, a former spouse shall not include a person who of the person, an individual wh o is a makes occasional sales, exchanges, (ii) to influence the policy of a parent of a child of the person, and an or purchases of firearms for the engovernment by intimidation or coindividual who cohabitates or ha s cohancement of a personal collection or ercion; or habited with the person. for a hobby, or who sells all or part of his personal collection of firearms; (iii) to affect the conduct of a (33) (A) Except as provided in subgovernment by assassination or paragraph (C), the term "m isde(D) as applied to a dealer in firekidnapping. meanor crime of domestic violence" arms, as defined in section means an offense that 921(a)(11)(B), a person who devotes (23) The te rm "machinegun" has resident alien o (B) any combination of parts

time, attention, and labor to uch term in section under in such activity as a regular National Firearms Act trade or business with . objective of livelihood e rms 6

engaging (i) is a

the meaning given s misdemeanor

course of 5845(b) of the Federal or State law; and the principal (26 U.S.C. 5845(b)) and profit, but (ii) has, as an element, the us

such term shall not include a person (24) The te "firearm silencer" or attempted use of physical force, or

----------------------- Page 8----------------------the threatened use of a the operation of the firelicensed weapon, committed by a current ne not having access to r; former spouse, parent, or guardian of or the victim, by a person with t , shall not be the victim shares a child in common, safe, gun safe, gun case, importer, by a person who is cohabiting with or or other device that is deor licensed has cohabited with the victim e or can be used to store a firearm for spouse, parent, or guardian, or by a nd that is designed to be s to any offiperson similarly situated to a spouse, only by means of a key, a or watchman parent, or guardian of the victim. , or other similar means. e provisions of is eligible to (B) (i) A person shall not be rm "body armor" means stols, residered to have been convicted ld or offered for sale, in earms capable such an offense for purposes of this foreign commerce, as perrson, for chapter, unless deadly licensed or to preven manufacturer

arm by anyo dealer, or licensed collecto the device;

whom (B) this paragraph (C) a held to preclude a licensed licensed as a dealer from in lock box, manufacturer, signed to b depositing a firearm a the mail unlocked agent, combination to th

conveyance cer, who,

employee, pursuant

section 1715 of this title, con(35) The te receive through the mails pi of volvers, and any product so other fir

interstate or of being concealed on the pe sonal protective

body covering intended th his official

use

in connection

wi

to protect aga inst gunfire, regardless of duty; and (I) the person was represented whether the pr oduct is to be worn alone by counsel in the case, or knowor is sold as a complement to another (C) nothing in this parag raph shall ingly and intelligently waived the product or gar ment. be construed as applying in any manright to counsel in the case; and ner in the District of Columbia, the (b) For the p urposes of this chapter, a Commonwealth of Puerto Rico, or (II) in the case of a prosecution member of the Armed Forces on active any possession of the United States for an offense described in this duty is a residen t of the State in which his differently than it wo uld apply if the paragraph for which a person was permanent duty st ation is located. District of Columbia, the Commonentitled to a jury trial in the jurisdicwealth of Puerto Rico, or th e possestion in which the case was tried, ei 922 Unlawful ac ts. sion were in fact a State of t he United ther States; (a) It shall be unlawful (aa) the case was tried by a (3) for any person other than a lijury, or (1) for any person censed importer, licens ed manufacturer, licensed dealer, licensed (bb) the person knowingly (A) exc ept a licensed importer, licollector to transport in to or receive in and intelligently waived the right censed manufacturer, or licensed the State where he resi des (or if the to have the case tried by a jury, dealer, to engage in the business of person is a corporation or other busiby guilty plea or otherwise. importing, manufacturing, or dealing ness entity, the State where it maintains in firear ms, or in the course of such a place of business) an or

y

pur(ii) A person shall not be conbusiness to ship, transport, or receive chased or otherwise obtai ned by such sidered to have been convicted of any fir earm in interstate or foreign person outside that State , except that such an offense for purposes of commerce; o r this paragraph (A) sha ll not preclude this chapter if the conviction has any person who lawfu lly acquires a been expunged or set aside, or is (B) ex cept a licensed importer or firearm by bequest or intestate succesan offense for which the person licensed manufacturer, to engage in sion in a State other than his State of has been pardoned or has had civil the busin ess of importing or manuresidence from transporting the firearm rights restored (if the law of the facturing ammunition, or in the into or receiving it in that State, if it is applicable jurisdiction provides for course of such business, to ship, lawful for such person to purchase or the loss of civil rights under such transport, or receive any ammunition possess such firearm in that St ate, (B) an offense) unless the pardon, exin intersta te or foreign commerce; shall not apply to the transportation or pungement, or restoration of civil receipt of a firearm obtained i n conforrights expressly provides that the (2) for any importer, manufacturer, mity with subsection (b)( 3) of this secperson may not ship, transport, dealer, or collector licensed under the tion, and (C) shall no t apply to the possess, or receive firearms. provisions of this chapter to ship or transportation of any firearm a cquired in transport in interstate or foreign comany State prior to the effective date of Editors Note: merce any firear m to any person other this chapter; than a licensed importer, licensed Subparagraph (C) referenced in manufacturer, licensed dealer, or li(4) for any person, other than a li921(a)(33)(A) never was enacted. We precensed collect or, except that censed importer, licens ed manufacsume the reference should have been to

firearm

turer, or licensed subparagraph (B). paragraph and subsection in interstate or l not be held to preclude a ructive de(34) The term "secure gun storage porter, licensed manufacsection or safety device" means ed dealer, or licensed colnue Code of collector, foreign

licensed to commerce

dealer, (A) this transport (b)(3) shal any dest

licensed im vice, machinegun (as defined in 5845 of the turer, licens Internal Reve

lector f rom returning a firearm or 1954), short-barreled shotgun, or short(A) a device that, when installed replacement firearm of the same kind barreled rifle, except as speci fically auon a firearm, is designed to prevent and type to a person from whom it thorized by the Attorney General conthe firearm from being operated withwas rec eived; and this paragraph sistent with public safety and necessity; out first deactivating the device; shall not b e held to preclude an individual fr om mailing a firearm owned (5) for any person ( other than a li(B) a device incorporated into the in compli ance with Federal, State, censed importer, l icensed manudesign of the firearm that is designed and local l aw to a licensed importer, facturer, licensed deale r, or licensed

7 ----------------------- Page 9----------------------collector) to transfer, sell, trade, give, sudivision of a State; of a firearm to any person for tempo rary transport, or deliver any firearm to any use for lawful sporting purposes; person (other than a licensed importer, (B) is for the purpose of exporta(4) to any person any destructive delicensed manufacturer, licensed dealer, ion or licensed collector) who the transferor tion; or vice, machinegun (as defined in sect

5845 Code of knows or has reasonable cause to bethe purpose of testing or hortlieve does not reside in (or if the person on and has been auly auis a corporation he Attorney General;

of

the

Internal

Revenue (C) is for

1954), short-barreled shotgun, or s experimentati

barreled rifle, except as specifical or other business enby the thorized by t Attorney Gen

thorized eral contity, does not maintain a place of busi-

sistent with public safety and neces sity; ness in) the State ny person, other than a in liwhich the (9) for a

and transferor resides; except that this censed im porter, licensed manuparagraph shall not apply to (A) the facturer, lic ensed dealer, or licensed (5) any firearm or arm or-piercing transfer, transportation, or delivery of a collector, who does not reside in any ammunition to any person unless the lifirearm made to carry out a bequest of State to rec eive any firearms unless censee notes in his records, require d to a firearm to, or an acquisition by intessuch receipt is for lawful sporting purbe kept pursuant to section 923 of t his tate succession of a firearm by, a perposes. chapter, the name, age, and place of son who is permitted to acquire or residence of such person if the pers on possess a firearm under the laws of the (b) It shall be unlawful for any licensed is an individual, or the identity an d prinState of his residence, and (B) the loan importer, license d manufacturer, licensed cipal and local places of business of or rental of a firearm to any person for dealer, or licensed collector to sell or desuch person if the person is a corpo ratemporary use for lawful sporting purliver tion or other business entity. poses; Paragraphs (1), (2), (3), and (4) of this

(1) any firea rm or ammunition to any subsection shall not apply to transacti ons o (6) for any person in connection with the licensee knows or licensed individual wh

between licensed the acquisition or attempted acquisition ause to believe is less manufacturers, alers, and of any firearm or ammunition from a liars of age, and, if the licensed ) of this censed importer, licensed mmunition is other than a o a sale or turer, licensed rifle, or ammunition escollector, knowingly to make ifle, to any individual who any false manufacsubsection dealer, for a or licensed

importers, has reasonable c licensed de

than eighteen ye Paragraph firearm shall not shotgun or apply or (4 a t

collectors.

delivery to any research organization d shotgun or r

ignated by the Attorney General. or fictitious oral or written statement or the licensee knows or has reasonable to furnish or exhibit any false, fictitious, cause to believe is less than twenty-one (c) In any case not otherwise prohib ited or misrepresented identification, inyears of age; by this chapter, a licensed importer, litended or likely to deceive such imcensed manufacturer, or licensed dealer porter, manufacturer, dealer, or (2) any firea rm to any person in any may sell a firearm to a person who does collector with respect to any fact mateState where the purchase or possesnot appear in person at th e licensee s rial to the lawfulness of the sale or other sion by such person of such firearm business premises (other t han another disposition of such firearm or ammuniwould be in viol ation of any State law or licensed importer, manufact urer, or tion under the provisions of this chapany published ordinance applicable at dealer) only if ter; the place of sal

e, delivery or other dis(1) ts ss fole (7) for any person to manufacture or cause to believe that lowing form: ammunition, "Subject has reasonabl to the position, the licensee knows or transferor a sworn statement in the unle the transferee submi

import armor piercing or possession would not unless-of such State law or such rovided by nce; y (A) the manufacture of

the

purchase

be in violation to penalties p

published ordina law, I swear that, in the case of an such amfirearm other than a shotgun or a ri

munition is for the use of the United (3) any firea rm to any person who the fle, I am twenty-one years or more o f States, any department or agency of licensee kn ows or has reasonable age, or that, in the case of a shotg un the United States, any State, or any cause to believe does not reside in (or if or a rifle, I am eighteen years or department, agency, or political subthe person is a corporation or other more of age; that I am not prohibite d division of a State; business en tity, does not maintain a by the provisions of chapter 44 of t iplace of busines s in) the State in which tle 18, United States Code, from re(B) the manufacture of such amthe licensee s place of business is loceiving a firearm in in terstate or munition is for the purpose of exporcated, except that this paragraph (A) foreign commerce; and that m y retation; or shall not apply to the sale or delivery of ceipt of this firearm will not be in vioany rifle or shotgun to a resident of a lation of any statute of the State a nd (C) the manufacture or importation State other than a State in which the lipublished ordinance app licable to of such ammunition is for the purcensee s place o f business is located if the locality in which I reside. Furt her,

pose of testing or experimentation the transferee m eets in person with the the true title, name, and address of and has been authorized by the Attransferor t o accomplish the transfer, the principal law enforcement office r torney General; and the sale, de livery, and receipt fully comply with the legal conditions of sale (8) for any manufacturer or importer in both such States (and any licensed to sell or deliver armor piercing ammumanufacturer, importer or dealer shall nition, unless such sale or delivery-be presumed, for purposes of this subof the locality to which t he firearm paragraph, in th e absence of evidence will be delivered are _____________. (A) is for the use of the United to the contr to have had actual States, any department or agency of knowledge of the State laws and pub_______________________________. the United States, any State, or any lished ordinan ces of both States), and Signature department, agency, or political (B) shall not ap ply to the loan or rental ary, 8 ----------------------- Page 10----------------------Date _____________ . " ; er may movement in interwith 1101(a)(26)) the passeng

state or foreign commerce deliver and containing blank spaces for the at(6) who has been discharged from said firearm or ammunition i nto the custachment of a true copy of any permit or the Armed F orces under dishonorable tody of the pilot, captain, conductor or other information required pursuant to conditions; operator of such common or contract carsuch statute or published ordinance; rier for the duration of the trip wi thout vio(7) who, hav ing been a citizen of the lating any of the provisions of this chapter. (2) the transferor has, prior to the United States , has renounced his citiNo common or contract carrie r shall reshipment or delivery of the firearm, forzenship; quire or cause any label, tag, or other

warded

by

registered

or

certified mail written notice to be placed on the ou

tside (return receipt requested) a copy of the (8) is subje ct to a court order that reof any package, luggage, or other consworn statement, together with a destrains suc h person from harassing, tainer that such package, luggage, or scription of the firearm, in a form prestalking, o r threatening an intimate other container contains a firearm. scribed by the Attorney General, to the partner of such person or child of such chief law enforcement officer of the intimate partne r or person, or engaging (f) (1) It shall be unlawful for any comtransferee s place of residence, and in other conduc t that would place an inmon or contract carrier t o transport or has received a return receipt evidenctimate part ner in reasonable fear of deliver in interstate or for eign commerce ing delivery of the statement or has had bodily injury t o the partner or child, exany firearm or ammunition with knowl edge the statement returned due to the recept that this paragraph shall only apply or reasonable cause to belie ve that the fusal of the named addressee to accept to a court orde r that shipment, transportation, or receipt such letter in accordance with United thereof would be in violation of the proviStates Post Office Department regula(A) was issued after a hearing of sions of this chapter. tions; and which su ch person received actual notice, and at which such person had (2) It shall be unlawfu l for any com(3) the transferor has delayed shipthe opportun ity to participate; and mon or contract carrier to delive r in inment or delivery for a period of at least terstate or foreign co mmerce any seven days following receipt of the noti(B) (i) i ncludes a finding that such firearm without obtaining written acfication of the acceptance or refusal of person repre sents a credible threat to knowledgement of receipt fr om the redelivery of the statement. the physic al safety of such intimate cipient of the package or other partner or c hild; or container in which there is a fir earm. A copy of the sworn statement and a copy

of the notification to the local law en(ii) b y its terms explicitly prohib(g) It shall be unlawful for any person forcement officer, together with evidence its the use, attempted use, or of receipt or rejection of that notification, threatene d use of physical force (1) who has been convi cted in any shall be retained by the licensee as a part against such intimate partner or court of, a crime punishable by i mprisof the records required to be kept under child tha t would reasonably be exonment for a term exceeding one y ear; section 923(g). pected to cause bodily injury; or (2) who is a fugitive from jus tice; (d) It shall be unlawful for any person to een convicted in any court sell or otherwise dispose of any firearm or anor crime of domestic or adammunition to any person knowing substance (as having reasonable trolled such person shall not apply sale cause to believe (9) has b

of a misdeme (3) who is an unlawful user of or dicted to any violence. controlled

that defined in section 102 of the Con This subsection Substances Act (21 U.S.C. 802)); spect to the

with

re-

or disposition of a fire(1) is under indictment for, or has arm or ammunition to a licensed importer, (4) who has been adjud icated as a been convicted in any court of, a crime licensed manufactu rer, licensed dealer, or mental defective or wh o has been punishable by imprisonment for a term licensed colle ctor who pursuant to subcommitted to a mental institution ; exceeding one year; section (b) of sec tion 925 of this chapter is not precluded from dealing in firearms or (5) who, being an alien (2) is a fugitive from justice; ammunition, or to a person who has been granted relief fro m disabilities pursuant to (A) is illegally or unlawfully in the (3) is an unlawful user of or addicted subsection (c) of section 925 of this chapUnited States; or to any controlled substance (as defined ter. in section 102 of the Controlled Sub(B) except as provided in s ubsecstances Act (21 U.S.C. 802)); (e) It shall be unlawful for any person tion (y)(2), has been admitted

to the er or cause to be delivnonimmigrant (4) has been adjudicated as a mental or contract carrier for defined in secdefective or has been committed to any shipment in interstate or e Immigration mental institution; , to persons other than (8 U.S.C. rs, licensed manufactur(5) who, being an alien alers, or licensed collecage or other container in charged from (A) is illegally or unlawfully firearm or ammunition shonorable United States; or notice or to the carrier that (B) except as provided in subsecUnited visa tion and knowingly to deliv States under a (as ered to any common that term is

transportation or 101(a)(26) of th foreign commerce Nationality Act

licensed importe 1101(a)(26))); ers, licensed de (6) in the who the Armed which there is any Forces under di without conditions; such firearm written tors, any has been pack dis

ammunition is being tion (y)(2), has been admitted to the except States that any under a nonimmigrant United term is of the Act defined in passenger who owns States, has renounce seca firearm or ammun transported or (7) who, having been a citizen

shipped; of the United

or legally possesses d his citivisa (as that ition being transported tion 101(a)(26)

zenship; Immigration aboard any common (8 U.S.C.

or contract carrier for and Nationality

9 ----------------------- Page 11----------------------(8) who is subject to pped or transported in, rt, sell, ship, that foreign commerce, either receive any er it was stolen, knowing or a court order which has been shi son to manufacture, impo deliver, firearm possess, interstate transfer, before or or or aft

(A) was issued after a hearing of having reasonab cause to believe that which such person received actual the firearm or amm unition was stolen. (A) that, after rem oval of grips, notice, and at which such person had stocks, and magazines, is not as dean opportunity to participate; (k) It shal l be unlawful for any person tectable as the Security Exem plar, by knowingly to tran sport, ship, or receive, in walk-through metal detectors cali(B) restrains such person from interstate or foreign commerce, any firebrated and operated to detect the harassing, stalking, or threatening an arm which has had the importer s or Security Exemplar; or intimate partner of such person or manufacturer s serial number removed, child of such intimate partner or perobliterated, or altered, or to possess or (B) any major component of which, son, or engaging in other conduct receive any firearm which has had the when subjected to inspe ction by the that would place an intimate partner importer s or man ufacturer s serial number types of x-ray machine s commonly in reasonable fear of bodily injury to removed, oblite rated, or altered and has, used at airports, does not generate the partner or child; and at any time, been shipped or transported an image that accurately depi cts the in interstate or foreign commerce. shape of the component. Bariu m sul(C) (i) includes a finding that such fate or other compoun ds may be person represents a credible threat to (l) Except as provided in section 925(d) used in the fabrication of th e compothe physical safety of such intimate of this chapter, i t shall be unlawful for any nent. partner or child; or person knowingl y to import or bring into the United States or any possession (2) For purposes of this subs ection (ii) by its terms explicitly prohibthereof any firear m or ammunition; and it its the use, attempted use, or shall be unlawful for any person knowingly (A) the term "firear m" does not threatened use of physical force to receive any firearm or ammunition include the frame or receiver of any le

against such intimate partner or which has been imported or brought into such weapon; child that would reasonably be exthe United States or any possession pected to cause bodily injury; or thereof in violati on of the provisions of this (B) the term "major component" chapter. means, with respect to a fire arm, the (9) who has been convicted in any barrel, the slide or cylinder, or the court of a misdemeanor crime of do(m) It shall b e unlawful for any licensed frame or receiver of the fire arm; and mestic violence, to ship or transport in importer, licen sed manufacturer, licensed interstate or foreign commerce, or posdealer, or lic ensed collector knowingly to (C) the term "Security Exe mplar" sess in or affecting commerce, any firemake any fals e entry in, to fail to make means an object, to be fabric ated at arm or ammunition; or to receive any appropriate entry in, or to fail to properly the direction of the Attorney General, firearm or ammunition which has been maintain, any rec ord which he is required that is shipped or transported in interstate or to keep pursua nt to section 923 of this foreign commerce. chapter or regula tions promulgated there(i) constructed of, dur ing the 12under. month period begi nning on the (h) It shall be unlawful for any individdate of the enactment of t his subual, who to that individual s knowledge (n) It shal l be unlawful for any person section, 3.7 ounces of material and while being employed for any person who is under indic tment for a crime puntype 17-4 PH stainle ss steel in a described in any paragraph of subsection ishable by imprisonment for a term exshape resembling a handgun ; and (g) of this section, in the course of such ceeding one y ear to ship or transport in employment interstate or f oreign commerce any fire(ii) suitable for te sting and caliarm or ammunition or receive any firearm brating metal detectors: (1) to receive, possess, or transport or ammunition whic h has been shipped or any firearm or ammunition in or affecttransported in interstate or foreign comProvided, however, That at the clos

e of ing interstate or foreign commerce; or riate

merce. such 12-month period, and at approp

times thereafter the Att General (2) to receive any firearm or ammuni(o) (1) Except as provided in paragraph shall promulgate regulations to per mit the tion which has been shipped or trans(2), it shall be unlawful for any person to manufacture, importation, sale, shi pment, ported in interstate or foreign transfer or posses s a machinegun. delivery, possession, transfer, or receipt commerce. of firearms previously pr ohibited under (2) This subsection does not apply this subparagraph that are as detectable (i) It shall be unlawful for any person to with respect t o as a "Security Exemplar" whic h contains transport or ship in interstate or foreign 3.7 ounces of material type 17-4 PH (A) a tr ansfer to or by, or possescommerce, any stolen firearm or stolen stainless steel, in a shape resembling a sion by or under the authority of, the ammunition, knowing or having reasonhandgun, or such lesser amount as is United St ates or any department or able cause to believe that the firearm or detectable in view of advances in s tate-ofagency th ereof or a State, or a deammunition was stolen. the-art developments in weapo ns detecpartment, agency, or political subdiorney tion technology. vision ther eof; or (j) It shall be unlawful for any person to (3) Under such rules and regu lations receive, possess, conceal, store, ny lawful transfer or lawful barter, (B) a

as the Attorney General shall pr escribe, sell, or dispose of of a machinegun any stolen that firearm this apply to the stolen ammunition, or pledge or accept as fully possessed before the manufacture, nsfer, resecurity for a loan ubsection takes effect. a firearm stolen ammunition, y perwhich is a part of, ll be unlawful for any per10 ----------------------- Page 12----------------------son acting pursuant to a contract with a licensed manufacturer, for the purpose (E) while criminals freely move (I) not loaded; and of examining and testing such firearm from State to S tate, ordinary citizens to determine whether paragraph (1) apand foreign vis itors may fear to travel (II) in a locked container, or a plies to such firearm. The Attorney to or throu gh certain parts of the locked firearms rack that is o n a General shall ensure that rules and country due to concern about violent motor vehicle; regulations adopted pursuant to this crime and gun v iolence, and parents paragraph do not impair the manufacmay decline to send their children to (iv) by an individual for use in a ture of prototype firearms or the develschool for the same reason; program approved by a sc hool in opment of new technology. the school zone; (F) the occu rrence of violent crime (4) The Attorney General shall permit in school zones has resulted in a de(v) by an individual in accorthe conditional importation of a firearm cline in the qu ality of education in our dance with a contract entered int o any stolen firearm or or subsection possession shall was possession, not law tra

date this s

ceipt, shipment, or delivery of which is moving as, by a licensed manufacturer or an which constitutes, or (p) (1) It sha

by e

a

licensed

importer

or

licensed between

country; a school in th

school manufacturer, for examination and testzone and the individual or an em-

ing to determine whether or not the un(G) this decline in the quality of ployer of the individual; conditional importation of such firearm education has a n adverse impact on would violate this subsection. interstate co mmerce and the foreign (vi) by a law enforcement offi cer commerce of the United States; acting in his or her official cap acity; (5) This subsection shall not apply to or any firearm which (H) States, localities, and school systems find it almost impossible to (vii) that is unloaded and is pos(A) has been certified by the Sechandle gunrelated crime by themsessed by an individual while tra vretary of Defense or the Director of selves--even States, localities, and ersing school premises for the Central Intelligence, after consultaschool sys tems that have made purpose of gaining access to pub tion with the Attorney General and strong efforts to prevent, detect, and lic or private lands open to hun ting, the Administrator of the Federal Aviapunish gun-rela ted crime find their efif the entry on school premises is tion Administration, as necessary for forts unavailin g due in part to the failauthorized by school authorities. military or intelligence bility of other States or and o take strong measures; in subnlawful for (B) is applications; (3) paragraph manufactured for (A) Except (B), it ure or ina

localities t as provided and shall be u

and sold any person, knowingly or with reckless intelligence disregard for discharge or the (I) the C safety of

exclusively to military or ongress has the power, another, to agencies of the United States. interstate commerce harge a other provisions of the

under the attempt to disc

clause and firearm that has moved in or that other

(6) This subsection shall not apply Constitution, enact measures to wise affects interstate or fore ign comwith respect to any firearm manufacensure the inte grity and safety of the merce at a place that the person knows to tured in, imported into, or possessed in Nation s school s by enactment of this is a school zone. the United States before the date of the subsection. enactment of the Undetectable Fire(B) Subparagraph (A) does not arms Act of 1988. (2) (A) It shal l be unlawful for any inapply to the discharge of a firearm dividual knowingly to possess a firearm (q) (1) The Congress finds and dethat has moved in or that otherwise af(i) on private property not pa rt of clares that fects interstate or foreign commerce at school grounds; a place that the individual knows, or (A) crime, particularly crime involvhas reasonable cause to believe, is a (ii) as part of a progr am aping drugs and guns, is a pervasive, school zone. proved by a school in the school nationwide problem; zone, by an individual who is par (B) Subpa ragraph (A) does not ticipating in the program; (B) crime at the local level is exacapply to t he possession of a fireerbated by the interstate movement arm (iii) by an individual in accorof drugs, guns, and criminal gangs; dance with a contract entered int o (i) on pr ivate property not part of between a school in a school zon e (C) firearms and ammunition move school groun ds; and the individual or an employer easily in interstate commerce and of the individual; or have been found in increasing num(ii) if the individual possessing bers in and around schools, as the firearm is licensed to do so by (iv) by a law enforcement offi cer documented in numerous hearings in the State in which the school zone acting in his or her official cap acity. both the Committee on the Judiciary is located o

r a political subdivision of the House of Representatives and of the St ate, and the law of the (4) Nothing in this subsection shal l be the Committee on the Judiciary of the State or political subdivision reconstrued as preempting or preventing Senate; quires t hat, before an individual a State or local government from enact obtains such a license, the law ening a statute establishing gun free (D) in fact, even before the sale of forcement authorities of the State school zones as provided in this suba firearm, the gun, its component or politic al subdivision verify that section. parts, ammunition, and the raw matethe individu al is qualified under law rials from which they are made have to receive t he license; (r) It shall be unlawful for any perso n to considerably moved in interstate assemble from imported parts any semicommerce; (iii) tha t is automatic rifle or any shotgun w hich is

11 ----------------------- Page 13----------------------identical to any rifle or shotgun prohibited has not r eceived information from the Attorney General has certified from importation under section 925(d)(3) the chief law enforcement officer that compliance with subpara graph of this chapter as not being particularly that receip t or possession of the (A)(i)(III) is impracticable because suitable for or readily adaptable to sporthandgun by the transferee would ing purposes except that this subsection be in violati on of Federal, State, or (i) the ratio of the number of law shall not apply to local law; or enforcement officers of the State in which the transfer is to occur to the (1) the assembly of any such rifle or (II) th e transferor has received number of square miles of land shotgun for sale or distribution by a linotice from the chief law enarea of the State does not exceed censed manufacturer to the United forcement

officer that the officer 0.0025; States or any department or agency has no information indicating thereof or to any State or any departthat recei pt or possession of the (ii) the business premises of t he ment, agency, or political subdivision handgun by the transferee transferor at which the tr ansfer is thereof; or would vi olate Federal, State, or to occur are extremely rem ote in local law; relation to the chief law enforce(2) the assembly of any such rifle or ment officer; and shotgun for the purposes of testing or (B) the trans feree has presented to experimentation authorized by the Atthe transferor a written statement, is(iii) there is an absence of te letorney General. sued by the chie f law enforcement ofcommunications facilities in the ficer of the pla ce of residence of the geographical area in whi ch the (s) (1) Beginning on the date that is 90 transferee dur ing the 10-day period business premises are located. days after the date of enactment of this ending on the da te of the most recent subsection and ending on the day before proposal of such transfer by the (2) A chief law enforcement officer t o the date that is 60 months after such date transferee, stat ing that the transferee whom a transferor has provided notice of enactment, it shall be unlawful for any requires acc ess to a handgun bepursuant to paragraph (1)(A)(i)(III) sha ll licensed importer, licensed manufacturer, cause of a threat to the life of the make a reasonable effort to as certain or licensed dealer to sell, deliver, or transtransferee or of any member of the within 5 business days whether receipt fer a handgun (other than the return of a household of th e transferee; or possession would be in viol ation of handgun to the person from whom it was the law, including research in whatever received) to an individual who is not li(C) (i) t he transferee has preState and local recordkeeping systems censed under section 923, unless sented to th e transferor a permit are available and in a national system that designated by the Attorney General. (A) after the most recent proposal of such transfer by the transferee (I) all ows the transferee to (3) The statement referred to in para-

or

acquire

handgun; (i) the transferor has

a

possess graph (1)(A)(i)(I) shall contain only and (A) the name, address, and date of

(I) received from the trans(II) wa s issued not more than birth appearing on a valid identificaferee a statement of the trans5 years earlier by the State in tion document (as defined in section feree containing the information which the transfer is to take 1028(d)(1)) of the transferee contain described in paragraph (3); place; and ing a photograph of the tra nsferee and a description of the identificati on (II) verified the identity of the (ii) the l aw of the State provides used; transferee by examining the that such a p ermit is to be issued identification document preonly after an authorized govern(B) a statement that the transsented; ment offici al has verified that the feree information available to such offi(III) within 1 day after the cial does not indicate that posses(i) is not under indictme nt for, transferee furnishes the statesion of a handgun by the and has not been convicted in any ment, provided notice of the transferee wo uld be in violation of court of, a crime punishable by im contents of the statement to the the law; prisonment for a term exceeding 1 chief law enforcement officer of year, and has not been c onvicted the place of residence of the (D) the l aw of the State requires in any court of a misdeme anor transferee; and that, before any licensed importer, licrime of domestic violence; censed man ufacturer, or licensed (IV) within 1 day after the dealer compl etes the transfer of a (ii) is not a fugitive from jus tice; transferee furnishes the statehandgun to an individual who is not ment, transmitted a copy of the licensed unde r section 923, an au(iii) is not an unlawful user o f or statement to the chief law enthorized go

vernment sub-

official

verify

addicted

to

any

controlled

forcement officer of the place of that the informa tion available to such stance (as defined in sect ion 102 residence of the transferee; and official does no t indicate that possesof the Controlled Substances Act); sion handgun by the transferee (ii) (I) 5 business days (meaning ation of law; days on which State offices are ttorney General has apopen) have elapsed from the date transfer under section the transferor furnished notice of Internal Revenue Code the contents of the statement to the chief law enforcement officer, during which period the transferor ation of the transferor, 12 ----------------------- Page 14----------------------(iv) has not been adjudicated as (B) Unles s the chief law enforce(t) (1) Beginning on the date that is 30 a mental defective or been comment officer t o whom a statement is days after the Attorney Gener al notifies mitted to a mental institution; transmitted under paragraph licensees under section 10 3(d) of the (1)(A)(i)(IV) determines that a transBrady Handgun Violence Preventio n Act (v) is not an alien who action would violate Federal, State, that the national instant cri minal backor local law ground check system is est ablished, a (I) is illegally or unlawfully in licensed importer, licensed manu facturer, the United States; or (i) the officer shall, within 20 or licensed dealer shall no t transfer a business days after the date the firearm to any other person who is not (II) subject to subsection transferee made the statement on licensed under this chapter, unless (y)(2), has been admitted to the the basis of which the notice was United States under a nonimmiprovided, destroy the statement, (A) before the comple of a

would be in viol (E) proved 5812 of the the the A

of 1954; or (F) on applic

tion

of the grant visa (as that term is deany recor d containing information transfer, the licensee contacts the fined in section 101(a)(26) of the derived from the statement, and national instant criminal background Immigration and Nationality Act any recor d created as a result of check system established under s ec(8 U.S.C. 1101(a)(26))); the notic e required by paragraph tion 103 of that Act; (1)(A)(i)(I II); (vi) has not been discharged (B) (i) the system pro vides the lifrom the Armed Forces under dis(ii) th e information contained in censee with a unique identification honorable conditions; and the stat ement shall not be connumber; or veyed to an y person except a per(vii) is not a person who, having son who has a need to know in (ii) 3 business days (mean ing a been a citizen of the United States, order to carry out this subsection; day on which State offices are o pen) has renounced such citizenship; and have elapsed since the licensee contacted the system (C) the date e information contained in at the made; and nt shall not be used for such other other than to carry out ction (g) (D) notice that tion. tends to obtain a transferor. ief law enforcement offiverified the es the statement the system, and

is (iii) th has not notified the licensee th receipt person the stateme of a firearm by would any purpose violate subse

the

transferee from

handgun

inthis subsec or (n) of this section; and the (C) If a ch (C) the transferor has cer identity of ing a the determin transferee

that an individual is by examin(4) Any transferor of a handgun who, o receive a handgun and n document after such transfer, receives al requests the officer to f this

valid

ineligible t identificatio

a report the individu (as defined in section 1028(d) o

from a chief law enforcement officer provide the re ason for such determititle) of the transferee containing a containing information that receipt or nation, the of ficer shall provide such photograph of the transferee. possession of the handgun by the reasons t o the individual in writing transferee violates Federal, State, or within 20 busi ness days after receipt (2) If receipt of a fi rearm would not local law shall, within 1 business day afof the request . violate section 922 (g) or (n) or State ter receipt of such request, communilaw, the system shall cate any information related to the (7) A chief la w enforcement officer or transfer that the transferor has about other person r esponsible for providing (A) assign a unique i dentification the transfer and the transferee to criminal history ba ckground information number to the transfer; pursuant to this subsection shall not be (A) the chief law enforcement offiliable in an acti on at law for damages (B) provide the licensee with the cer of the place of business of the number; and transferor; and (A) for fai lure to prevent the sale or transfer of a handgun to a person (C) destroy all records of th e sys(B) the chief law enforcement offiwhose receip t or possession of the tem with respect to th e call (other cer of the place of residence of the handgun is unlawful under this secthan the identifying numbe r and the transferee. tion; or date the number was assi gned) and all records of the syste relating to (5) Any transferor who receives in(B) for preventing such a sale or the person or the transfer. formation, not otherwise available to the transfer to a person who may lawfully public, in a report under this subsection receive or pos sess a handgun. (3) Paragraph (1) shall not appl y to a shall not disclose such information exfirearm transfer between a licensee and cept to the transferee, to law enforce(8) For pur poses of this subsection, another person if ment authorities, or pursuant to the the term "chief l aw enforcement offim

direction of a court of law. the chief of police, pre-

the

cer" means (A) (i) such other person has sheriff, or an sented to the licensee a permit designee of any su

equivalent officer or the that (6) (A) Any transferor who sells, dech individual. livers, or otherwise transfers a handgun

(I) allows such other p erson to to a transferee shall retain the copy of (9) The At torney General shall take possess or acquire a firearm; and the statement of the transferee with renecessary a ctions to ensure that the spect to the handgun transaction, and provisions of this subsection are pub(II) was issued not mor e than shall retain evidence that the transferor lished and disseminated to licensed 5 years earlier by the State in has complied with subclauses (III) and dealers, law e nforcement officials, and which the transfer is to take place; (IV) of paragraph (1)(A)(i) with respect the public. and to the statement.

13 ----------------------- Page 15----------------------(ii) the law of the State provides $5,000. ile (or on that such a permit is to be issued farmonly after an authorized govern(6) Neither a local government nor an ing at which the juve nile, with the ment official has verified that the employee of the Federal Government permission of the prope rty owner information available to such offior of any State or local government, reor lessee, is performin g activities cial does not indicate that possessponsible f or providing information to related to the operation of t he farm sion of a firearm by such other the national ins tant criminal background or ranch), target practice, h unting, person would be in violation of law; check system shall be liable in an acor a course of instru ction in the tion at law for dence of not more than of the juven

property used for ranching or

damages n;

safe and lawful use of a handgu

(B) the Attorney General has approved the transfer under section (A) for fa ilure to prevent the sale or (ii) with the prior writte n consent 5812 of the Internal Revenue Code transfer of a firearm to a person of the juvenile s parent or g uardian of 1954; or whose recei pt or possession of the who is not prohibited by Federal, firearm is un lawful under this section; State, or local law from poss essing (C) on application of the transferor, or a firearm, except the Attorney General has certified that compliance with paragraph (B) for preventing such a sale or (I) during transportati on by the (1)(A) is impracticable because transfer to a p erson who may lawfully juvenile of an unloaded hand gun receive or po ssess a firearm. in a locked contai ner directly (i) the ratio of the number of law from the place of transfer to a enforcement officers of the State in place at which an activity de(u) It shall be unlawful for a person to which the transfer is to occur to the scribed in clause (i ) is to take steal or unlawfully take or carry away from number of square miles of land place and transportati on by the the person or the premises of a person area of the State does not exceed juvenile of that handgun, who is licensed to engage in the business 0.0025; unloaded and in a locked conof importing, manuf acturing, or dealing in tainer, directly from the place at firearms, any firearm in the licensee s

(ii) the business premises of the which such an activity too k place business inventory that has been shipped licensee at which the transfer is to to the transferor; or or transported in i nterstate or foreign comoccur are extremely remote in relamerce. tion nching or officer ribed in (v) Repealed. (s)(8)); and clause le may possess handgun or (w) Repealed. (iii) there is an absence of teleammunition with the prior written approval of the juvenile s parent e unlawful for a person to geographical d at the disell, or otherwise transfer to a business premises are located. rection who is not person transferor State use to (4) or reasonable believe If the is a juvenational instant criminal local law from possessing a firenile background licensee gun; or to the as the check that system prior the system notifies the arm; information does not available (A) a hand demonstrate (iii) the juvenile h ca knows or has prohibited by Federal, who the of an adult deliver, area in which the or legal guardian an (x) (1) It shall b communications facilities in the and use a (i), a juveni (as defined in subsection farming activities as desc to the chief law enforcement (II) with respect to ra

that he

the

receipt

of a firearm

by

such written

consent

in t (B) ammuni

juvenile s violate subsection possession at all ti use only in a

tion that is suitable for other person would mes when a

handgun. (g) or (n) or State law, and the licensee handgun ossession transfers of a firearm to such other is in the p perthe juvenile; and (2) It shall who juvenile cord with to knowingly posof the transfer the unique (iv) State number provided by sess the and local law; (A) a hand gun; or (B) a juvenile who is a membe r of (5) If the licensee knowingly transfers the the United (B) ammuni tion that is suitable for a firearm to such Guard handgun. knowingly th who use only in a fails to comply with parapossesses or is armed wi other person and States or the National Armed Forces of identification in accordance is a

be unlawful for any person son, the licensee shall include in the re-

system with respect to the transfer.

a handgraph (1) of this subsection with respect time gun in the line of duty; such (3) This

to the transfer and, at the subsection does not apply other person most recently f title the transfer, the national

n or nal background check system was op(A) a temporary transfer of a ammunition to a juvenile; or erating and information was available to handgun or am munition to a juvenile the system demonstrating that receipt or to the

proposed to (C) a transfer by inheritance o crimi(but not possession) of a handgu

instant

possession or use of a handgun of a firearm by such other person would munition by a juvenile n in violate subsection (g) or (n) of this secndgun and ammunition are pertion or State law, the Attorney General and used by the juveer into the may, after notice and opportunity for a a or a resihearing, suspend for not more than

(D)

the

possession

of

handgun or am or ammunition by a juvenile take if the ha defense of the juvenile or other sons residence against of the possessed an intrud nile juvenile

6 dence in which the juvenile is a (i) in in the cou ing relate or ammun

n inmonths or revoke any license issued to the course of employment, vited guest. the licensee under section 923, and rse of ranching or farmmay impose on the licensee a civil fine d to activities at the resi(4) A handgun ition, the 14 ----------------------- Page 16----------------------possession of which is transferred to a organization having its juvenile in circumstances in which the s in the United States; transferor is not in violation of this sub18 s added to section shall not be subject to U.S.C.

tional Editors Note: headquarter or 922(z) wa

permathe Gun Control Act as part of (ii) en Protection of Lawful Commerce i Act country enacted on t Oct

the nent confiscation by the Government if route to or from another n

its possession by the juvenile subseo which that alien is acArms ober 26, quently becomes unlawful because of 2005. 4, 2006. the conduct of the juvenile, but shall be returned to the lawful owner when such cial of a foreign govern(z) SECURE handgun or ammunition is no longer reinguished foreign visitor SAFTEY DEVICE quired by the Government for the puren so designated by the poses of investigation or prosecution. State; or (1) IN hall

credited; It is effective April 2 (C) an offi GUN STORAGE OR ment or a dist who has be

Department of GENERAL- Except as

Provided under paragraph (2), it s

(5) For purposes of this gn law enforcement offithe term "juvenile" means friendly foreign government r who is less than 18 years of age. nited States on official or t business.

subsection, (D) a forei be unlawful for any licensed a person cer of a importer, licensed manufacturer, o entering the U licensed dealer to sell, deliver, law enforcemen transfer any handgun to any person (3) Waiver. other than any person licensed und

(6) (A) In a prosecution of a violation er of this subsection, the court

shall rethis chapter, unless the transfere (A) Condit provided with a secure gun storage at all dividual w or safety device (as defined in se the United tion 921(a)(34)) for than handgun. grant visa may

e is quire the presence of a juvenile defenions for waiver. Any inho c dant s has

proceedings. States under

receive a waiver from (B) The court may use rements of subsection tempt power to enforce graph (A).

(i) the individual submits to the (A)(i) the manufacture for, tra nsfer (C) The court may excuse attenAttorney General a petition that to, or possession by, the United dance of a parent or legal guardian of meets the requirements of subStates, a department or agency of the a juvenile defendant at a proceeding paragraph ( C); and United States, a State, or a depar t in a prosecution of a violation of this ment, agency, or political subdiv ision subsection for good cause shown. (ii) t he Attorney General apof a State, of a handgun; or proves the petition. (ii) the transfer to, or posses sion (y) Provisions relating to aliens admit(B) Peti by, a law enforcement officer em subparagraph ( ployed by an entity referred to in

tion. Each petition under ted under nonimmigrant visas. B) shall

parent or legal guardian been admitted to a nonimmi-

the

conthe requi (2) EXCEPTIONS Paragraph subpara(g)(5), if shall not apply to--

clause (i) of a handgun for law e n (1) Definitions. In this subsection monstrate as r a that the peti(i) de forcement purposes (whether on or tioner resided in the United (A) the term "alien" has the same continuous period of meaning as in section off duty); or States 101(a)(3) of not less th (B) the transfer to, or possess and is subNationality Act date on a rail police officer employed by a mitted unde carrier and certified or commissione as a police officer under the laws o f a (B) the term "nonimmigrant visa" nclude aw embassy ; tion 101(a)(26) of the Act or amImmigration the petitio ner, authorizing the petiand Nationality acquire a firearm of a 1101(a)(26)). and y alien wou not, absent the applithe Secretary pursuant to section (2)_Exceptions._Subsections (d)(5) cation of s ubsection (g)(5)(B), oth921(a)(13); or (B), (g)(5)(B), and (s)(3)(B)(v)(II) do not erwise be prohibited from such apply to any alien who has been lawacquisition under subsection (g). (D) the transfer to any person of a fully admitted to the United States unhandgun for which a secure gun stor der a nonimmigrant visa, if that alien (C) Approva l of petition. The Attorage or safety device is temporarily is ney General shal ld certifying (8 U.S.C. tioner to (C) the transfer to any person munition handgun listed as a curio or relic b a written statement meaning as of (ii) i State of a handgun for purposes of l in secfrom the enforcement (whether on or off duty) fo h

an 180 days before the ion by the Immigration which rail the petition

(8 U.S.C. 1101(a)(3)); and r this paragraph; and d

has the same or consulate

that

the

l approve a petition in accordance with this (A) admitted to the if the Attorney General , hat r for lawful hunting waiving the require-

unavailable for the reasons described submitted in the exceptions stated in section United States paragraph, 923(e), if the licensed manufacturer

or sporting purdetermines t licensed importer, or licensed deale

poses or is in possession of a huntments of subsection (g)(5)(B) with delivers to the transferee within 10 ing license or permit petitioner in the United States; lawfully issued respect to the calendar days from the date of the delivery of the handgun to the trans uld d be in (B) the an interests official of (i) wo feree a secure gun storage or safety

representative of a justice; an device for the handgun. foreign government who is (ii) w ould not jeopardize the (3) LIABILITY FOR USE (i) accredited to the United public safe ty. States Government or the Gov(A) IN GENERAL Nothwithstanding mission to an internaernment s any other provision of law, a person

15 ----------------------- Page 17----------------------who has lawful possession and control of (B) of fir earms other than destruca licensee within one year after its t ransfer a handgun, and who uses a secure gun tive devices, a fee of $50 per year; or from his business inventory into such storage or safety device with the handlicensee s personal collection or if such gun, shall be entitled to immunity from a (C) of ammunition for firearms, disposition or any other a cquisition is qualified civil liability action. other than am munition for destructive made for the purpose of will fully evading devices or armor piercing ammunithe restrictions placed upon lic ensees by (B) PROSPECTIVE ACTIONS- A qualition, a fee o f $10 per year. this chapter, then such firear

m shall be fied civil liability action may not be brought deemed part of such licensee s business in any Federal or State court. (2) If the ap plicant is an importer inventory, except that any licensed manu facturer, importer, or dealer has (C) DEFINED TERM As used in this (A) of de structive devices, ammumaintained a firearm as part of a person al paragraph, the term qualified civil liability nition for destructive devices or arcollection for one year and who sells or action-mor pierc ing ammunition, a fee of otherwise disposes of such fir earm shall $1,000 per ye ar; or record the description of the firearm in a (i) means a civil action brought by bound volume, containing the n ame and any person against a person (B) of fir earms other than destrucplace of residence and date of birth o f the described in subparagraph (A) for tive device s or ammunition for firetransferee if the transferee i s an individdamages resulting from the criminal arms other th an destructive devices, ual, or the identity and principal and local or unlawful misuse of the handgun or ammunit ion other than armor places of business of the transferee i f the by a third party, if piercing ammuni tion, a fee of $50 per transferee is a corporation or other busiyear. ness entity: Provided, That no other re(I) the handgun was accessed by cordkeeping shall be required. another person who did not have the (3) If the ap plicant is a dealer permission or authorization of the (d) (1) Any application submitted u nder person having lawful possession and (A) in destructive devices or amsubsection (a) or (b) of thi s section shall control of the handgun to have acmunition for destructive devices, a be approved if cess to it; and fee of $1,000 per year; or who (A) twenty-one the applicant is

(II) at the time access was gained not a dealer in destrucby the person not so authorized, es, a fee of $200 for 3 the handgun had been made that the fee for renewal in the in operable by use of a secure gun cense shall be $90 for 3 ip, or storage or safety device; and possess-

(B) who is years of age or over; tive devic years, except (B) the applicant (including, of a valid li case of a corporation, partnersh association, any years. individual

ing, directly or indirectly, the power to (ii) shall not include an action brought ed by Pub. L. 103-159, ction of the against the person having lawful 303(4), Nov. 30, 1993, 107 orpossession and control of the handgun ation) for negligent entrustment or negligence is transporting, per se. esiring to be licensed firearms or shall file an application for or foreign APPENDIX A Repealed. th the Attorney General. ll be in such form and 923 Licensing. ormation necessary to ot willfully not prohibited from (b) Any person d or receiving as ammunition a collector in interstate direct or cause (C) Repeal the dire

Title III, management and policies of the c Stat. 1546. poration, partnership, or associ

shipping,

such license wi commerce under section 922(g) and The application sha (n) of this chapter; contain only that inf (C) the applicant has n

determine eligibi lity as the Attorney Genviolated any of the provisions o f this (a) No person shall engage in the busieral shall by regul ation prescribe. The fee chapter or regulations iss ued thereness of importing, manufacturing, or dealfor such licens e shall be $10 per year. under; ing in firearms, or importing or Any license granted under this subsection manufacturing ammunition, until he has shall only appl y to transactions in curios (D) the applicant has not willfully filed an application with and received a and relics. failed to disclose any m aterial inforlicense to do so from the Attorney Genmation required, or has not made any

eral. The application shall be in such form (c) Upon the fil ing of a proper applicafalse statement as to any material and contain only that information necestion and paymen t of the prescribed fee, fact, in connection with his applicasary to determine eligibility for licensing as the Attorney General shall issue to a tion; the Attorney General shall by regulation qualified applicant the appropriate license prescribe and shall include a photograph which, subject to the provisions of this (E) the applicant has in a St ate (i) and finger-prints of the applicant. Each chapter and other a pplicable provisions of premises from which he conducts applicant shall pay a fee for obtaining law, shall entitle the licensee to transport, business subject to license unde r this such a license, a separate fee being reship, and recei ve firearms and ammunichapter or from which he intends to quired for each place in which the applition covered by suc h license in interstate conduct such business with in a reacant is to do business, as follows: or foreign com merce during the period sonable period of time, or (ii) in the stated in the licen se. Nothing in this chapcase of a collector, pr emises from (1) If the applicant is a manufacter shall be construed to prohibit a liwhich he conducts his collecting subturer censed manufacturer , importer, or dealer ject to license under this chapter or from maintaining and disposing of a perfrom which he intends to conduct (A) of destructive devices, ammusonal collection of firearms, subject only such collecting within a reasonable nition for destructive devices or arto such restriction s as apply in this chapperiod of time; mor piercing ammunition, a fee of ter to dispositions by a person other than $1,000 per year; a licensed m anufacturer, importer, or (F) the applicant certifies t hat dealer. If any fire arm is so disposed of by 16 ----------------------- Page 18----------------------(i) the business to be conducted license to persons who alleging any tuted are sold under the against a licensee

under the license is not prohibited are not licensees (except that in any case violation of this chapter or of rules or by State or local law in the place in which a secure gun storage or safety regulations prescribed under thi s chapwhere the licensed premise is lodevice is temporar ily unavailable because ter, and the licensee is acquitted of cated; of theft, casu alty loss, consumer sales, such charges, or such proceeding s are backorders from a manufacturer, or any terminated, other than upo n motion of (ii)(I) within 30 days after the other similar reas on beyond the control of the Government before trial upon such application is approved the busithe licensee, the dealer shall not be concharges, the Attorney General sh all be ness will comply with the requiresidered to be in violation of the requireabsolutely barred from den ying or rements of State and local law ment to make available such a device). voking any license granted under this applicable to the conduct of the The Attorney General may, after notice chapter where such denia l or revocabusiness; and and opportunit y for hearing, revoke the tion is based in whole or in par t on the license of a dealer who willfully transfers facts which form the basis of such (II) the business will not be armor piercing ammunition. The Attorney criminal charges. No proceedings for conducted under the license unGenerals acti on under this subsection the revocation of a license shall be intil the requirements of State and may be reviewed o nly as provided in substituted by the Attorney General more local law applicable to the busisection (f) of thi s section. than one year after the filing of the inness have been met; and dictment or information. (f) (1) Any pe rson whose application for (g) d importer, denied ealer li(iii) that the applicant and any holder of a has (1) sent (A) a Each license license is

censed manufacturer, and licensed d

is

or delivered a form revoked shall receive a

to be

pre-

license

which

shall maintain such records of impo rtation, from ceipt, scribed by the Attorney General, to the Attorney General production, sale, or the chief law enforcement officer of fically the grounds upon s place of the locality ion was denied or upon in such are located, was revoked. Any notice neral and written shipment, stating notice re speci

other disposition of firearms at hi in which the premises business which indicates form, may by the applicant intends to apply for a a license shall be given regulations ch of all importers, Federal firearms license; and such license before the manufacturers, not be effective date of the revocation. required to submit to the Attorney General (G) in the case of an application to reports with respect to be licensed as a dealer, the applicant Attorney General denies an such ntents thereof, certifies that secure r, or revokes, a license, he s secsafety devices will be available at any request by the aggrieved has place in which firearms are sold unparty, promptl shall, upon gun storage or records and and information (2) If the the co that as the for which the applicat such period,

which the license Attorney Ge

of a revocation of prescribe. to and the Su holder sh

dealers

application fo

except as expressly required by thi

tion. The Attorney General, when he

y hold a hearing to review reasonable cause to believe a viola tion of der the license to revocation. In the case of a and persons who this that evinot licensees (subject to of a license, the Attorney found l uch the cure gun storage or safety device is license stay the effective cause magistrate and temporarily e revocation. A a unavailable hearing held because securing warrant theft, casualty loss, consumer sales, agraph shall be held at a auth