All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
486 Prosecutions
in September 2014
5,708 Prosecutions
in Fiscal Year 2014
660 Convictions
in September 2014
5,764 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 922                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 44 - FIREARMS

HEAD

    Sec. 922. Unlawful acts

STATUTE

      (a) It shall be unlawful -
        (1) for any person -
          (A) except a licensed importer, licensed manufacturer, or
        licensed dealer, to engage in the business of importing,
        manufacturing, or dealing in firearms, or in the course of such
        business to ship, transport, or receive any firearm in
        interstate or foreign commerce; or
          (B) except a licensed importer or licensed manufacturer, to
        engage in the business of importing or manufacturing
        ammunition, or in the course of such business, to ship,
        transport, or receive any ammunition in interstate or foreign
        commerce;
        (2) for any importer, manufacturer, dealer, or collector
      licensed under the provisions of this chapter to ship or
      transport in interstate or foreign commerce any firearm to any
      person other than a licensed importer, licensed manufacturer,
      licensed dealer, or licensed collector, except that -
          (A) this paragraph and subsection (b)(3) shall not be held to
        preclude a licensed importer, licensed manufacturer, licensed
        dealer, or licensed collector from returning a firearm or
        replacement firearm of the same kind and type to a person from
        whom it was received; and this paragraph shall not be held to
        preclude an individual from mailing a firearm owned in
        compliance with Federal, State, and local law to a licensed
        importer, licensed manufacturer, licensed dealer, or licensed
        collector;
          (B) this paragraph shall not be held to preclude a licensed
        importer, licensed manufacturer, or licensed dealer from
        depositing a firearm for conveyance in the mails to any
        officer, employee, agent, or watchman who, pursuant to the
        provisions of section 1715 of this title, is eligible to
        receive through the mails pistols, revolvers, and other
        firearms capable of being concealed on the person, for use in
        connection with his official duty; and
          (C) nothing in this paragraph shall be construed as applying
        in any manner in the District of Columbia, the Commonwealth of
        Puerto Rico, or any possession of the United States differently
        than it would apply if the District of Columbia, the
        Commonwealth of Puerto Rico, or the possession were in fact a
        State of the United States;
        (3) for any person, other than a licensed importer, licensed
      manufacturer, licensed dealer, or licensed collector to transport
      into or receive in the State where he resides (or if the person
      is a corporation or other business entity, the State where it
      maintains a place of business) any firearm purchased or otherwise
      obtained by such person outside that State, except that this
      paragraph (A) shall not preclude any person who lawfully acquires
      a firearm by bequest or intestate succession in a State other
      than his State of residence from transporting the firearm into or
      receiving it in that State, if it is lawful for such person to
      purchase or possess such firearm in that State, (B) shall not
      apply to the transportation or receipt of a firearm obtained in
      conformity with subsection (b)(3) of this section, and (C) shall
      not apply to the transportation of any firearm acquired in any
      State prior to the effective date of this chapter;
        (4) for any person, other than a licensed importer, licensed
      manufacturer, licensed dealer, or licensed collector, to
      transport in interstate or foreign commerce any destructive
      device, machinegun (as defined in section 5845 of the Internal
      Revenue Code of 1986), short-barreled shotgun, or short-barreled
      rifle, except as specifically authorized by the Attorney General
      consistent with public safety and necessity;
        (5) for any person (other than a licensed importer, licensed
      manufacturer, licensed dealer, or licensed collector) to
      transfer, sell, trade, give, transport, or deliver any firearm to
      any person (other than a licensed importer, licensed
      manufacturer, licensed dealer, or licensed collector) who the
      transferor knows or has reasonable cause to believe does not
      reside in (or if the person is a corporation or other business
      entity, does not maintain a place of business in) the State in
      which the transferor resides; except that this paragraph shall
      not apply to (A) the transfer, transportation, or delivery of a
      firearm made to carry out a bequest of a firearm to, or an
      acquisition by intestate succession of a firearm by, a person who
      is permitted to acquire or possess a firearm under the laws of
      the State of his residence, and (B) the loan or rental of a
      firearm to any person for temporary use for lawful sporting
      purposes;
        (6) for any person in connection with the acquisition or
      attempted acquisition of any firearm or ammunition from a
      licensed importer, licensed manufacturer, licensed dealer, or
      licensed collector, knowingly to make any false or fictitious
      oral or written statement or to furnish or exhibit any false,
      fictitious, or misrepresented identification, intended or likely
      to deceive such importer, manufacturer, dealer, or collector with
      respect to any fact material to the lawfulness of the sale or
      other disposition of such firearm or ammunition under the
      provisions of this chapter;
        (7) for any person to manufacture or import armor piercing
      ammunition, unless -
          (A) the manufacture of such ammunition is for the use of the
        United States, any department or agency of the United States,
        any State, or any department, agency, or political subdivision
        of a State;
          (B) the manufacture of such ammunition is for the purpose of
        exportation; or
          (C) the manufacture or importation of such ammunition is for
        the purpose of testing or experimentation and has been
        authorized by the Attorney General;
        (8) for any manufacturer or importer to sell or deliver armor
      piercing ammunition, unless such sale or delivery -
          (A) is for the use of the United States, any department or
        agency of the United States, any State, or any department,
        agency, or political subdivision of a State;
          (B) is for the purpose of exportation; or
          (C) is for the purpose of testing or experimentation and has
        been authorized by the Attorney General; (!1)
        (9) for any person, other than a licensed importer, licensed
      manufacturer, licensed dealer, or licensed collector, who does
      not reside in any State to receive any firearms unless such
      receipt is for lawful sporting purposes.
      (b) It shall be unlawful for any licensed importer, licensed
    manufacturer, licensed dealer, or licensed collector to sell or
    deliver -
        (1) any firearm or ammunition to any individual who the
      licensee knows or has reasonable cause to believe is less than
      eighteen years of age, and, if the firearm, or ammunition is
      other than a shotgun or rifle, or ammunition for a shotgun or
      rifle, to any individual who the licensee knows or has reasonable
      cause to believe is less than twenty-one years of age;
        (2) any firearm to any person in any State where the purchase
      or possession by such person of such firearm would be in
      violation of any State law or any published ordinance applicable
      at the place of sale, delivery or other disposition, unless the
      licensee knows or has reasonable cause to believe that the
      purchase or possession would not be in violation of such State
      law or such published ordinance;
        (3) any firearm to any person who the licensee knows or has
      reasonable cause to believe does not reside in (or if the person
      is a corporation or other business entity, does not maintain a
      place of business in) the State in which the licensee's place of
      business is located, except that this paragraph (A) shall not
      apply to the sale or delivery of any rifle or shotgun to a
      resident of a State other than a State in which the licensee's
      place of business is located if the transferee meets in person
      with the transferor to accomplish the transfer, and the sale,
      delivery, and receipt fully comply with the legal conditions of
      sale in both such States (and any licensed manufacturer, importer
      or dealer shall be presumed, for purposes of this subparagraph,
      in the absence of evidence to the contrary, to have had actual
      knowledge of the State laws and published ordinances of both
      States), and (B) shall not apply to the loan or rental of a
      firearm to any person for temporary use for lawful sporting
      purposes;
        (4) to any person any destructive device, machinegun (as
      defined in section 5845 of the Internal Revenue Code of 1986),
      short-barreled shotgun, or short-barreled rifle, except as
      specifically authorized by the Attorney General consistent with
      public safety and necessity; and
        (5) any firearm or armor-piercing ammunition to any person
      unless the licensee notes in his records, required to be kept
      pursuant to section 923 of this chapter, the name, age, and place
      of residence of such person if the person is an individual, or
      the identity and principal and local places of business of such
      person if the person is a corporation or other business entity.
    Paragraphs (1), (2), (3), and (4) of this subsection shall not
    apply to transactions between licensed importers, licensed
    manufacturers, licensed dealers, and licensed collectors. Paragraph
    (4) of this subsection shall not apply to a sale or delivery to any
    research organization designated by the Attorney General.
      (c) In any case not otherwise prohibited by this chapter, a
    licensed importer, licensed manufacturer, or licensed dealer may
    sell a firearm to a person who does not appear in person at the
    licensee's business premises (other than another licensed importer,
    manufacturer, or dealer) only if -
        (1) the transferee submits to the transferor a sworn statement
      in the following form:
          "Subject to penalties provided by law, I swear that, in the
        case of any firearm other than a shotgun or a rifle, I am
        twenty-one years or more of age, or that, in the case of a
        shotgun or a rifle, I am eighteen years or more of age; that I
        am not prohibited by the provisions of chapter 44 of title 18,
        United States Code, from receiving a firearm in interstate or
        foreign commerce; and that my receipt of this firearm will not
        be in violation of any statute of the State and published
        ordinance applicable to the locality in which I reside.
        Further, the true title, name, and address of the principal law
        enforcement officer of the locality to which the firearm will
        be delivered are ____________
        _______________________
        Signature _________ Date ____."
      and containing blank spaces for the attachment of a true copy of
      any permit or other information required pursuant to such statute
      or published ordinance;
        (2) the transferor has, prior to the shipment or delivery of
      the firearm, forwarded by registered or certified mail (return
      receipt requested) a copy of the sworn statement, together with a
      description of the firearm, in a form prescribed by the Attorney
      General, to the chief law enforcement officer of the transferee's
      place of residence, and has received a return receipt evidencing
      delivery of the statement or has had the statement returned due
      to the refusal of the named addressee to accept such letter in
      accordance with United States Post Office Department regulations;
      and
        (3) the transferor has delayed shipment or delivery for a
      period of at least seven days following receipt of the
      notification of the acceptance or refusal of delivery of the
      statement.
    A copy of the sworn statement and a copy of the notification to the
    local law enforcement officer, together with evidence of receipt or
    rejection of that notification shall be retained by the licensee as
    a part of the records required to be kept under section 923(g).
      (d) It shall be unlawful for any person to sell or otherwise
    dispose of any firearm or ammunition to any person knowing or
    having reasonable cause to believe that such person -
        (1) is under indictment for, or has been convicted in any court
      of, a crime punishable by imprisonment for a term exceeding one
      year;
        (2) is a fugitive from justice;
        (3) is an unlawful user of or addicted to any controlled
      substance (as defined in section 102 of the Controlled Substances
      Act (21 U.S.C. 802));
        (4) has been adjudicated as a mental defective or has been
      committed to any mental institution;
        (5) who, being an alien -
          (A) is illegally or unlawfully in the United States; or
          (B) except as provided in subsection (y)(2), has been
        admitted to the United States under a nonimmigrant visa (as
        that term is defined in section 101(a)(26) of the Immigration
        and Nationality Act (8 U.S.C. 1101(a)(26)));
        (6) who (!2) has been discharged from the Armed Forces under
      dishonorable conditions;
        (7) who, having been a citizen of the United States, has
      renounced his citizenship;
        (8) is subject to a court order that restrains such person from
      harassing, stalking, or threatening an intimate partner of such
      person or child of such intimate partner or person, or engaging
      in other conduct that would place an intimate partner in
      reasonable fear of bodily injury to the partner or child, except
      that this paragraph shall only apply to a court order that -
          (A) was issued after a hearing of which such person received
        actual notice, and at which such person had the opportunity to
        participate; and
          (B)(i) includes a finding that such person represents a
        credible threat to the physical safety of such intimate partner
        or child; or
          (ii) by its terms explicitly prohibits the use, attempted
        use, or threatened use of physical force against such intimate
        partner or child that would reasonably be expected to cause
        bodily injury; or
        (9) has been convicted in any court of a misdemeanor crime of
      domestic violence.
    This subsection shall not apply with respect to the sale or
    disposition of a firearm or ammunition to a licensed importer,
    licensed manufacturer, licensed dealer, or licensed collector who
    pursuant to subsection (b) of section 925 of this chapter is not
    precluded from dealing in firearms or ammunition, or to a person
    who has been granted relief from disabilities pursuant to
    subsection (c) of section 925 of this chapter.
      (e) It shall be unlawful for any person knowingly to deliver or
    cause to be delivered to any common or contract carrier for
    transportation or shipment in interstate or foreign commerce, to
    persons other than licensed importers, licensed manufacturers,
    licensed dealers, or licensed collectors, any package or other
    container in which there is any firearm or ammunition without
    written notice to the carrier that such firearm or ammunition is
    being transported or shipped; except that any passenger who owns or
    legally possesses a firearm or ammunition being transported aboard
    any common or contract carrier for movement with the passenger in
    interstate or foreign commerce may deliver said firearm or
    ammunition into the custody of the pilot, captain, conductor or
    operator of such common or contract carrier for the duration of the
    trip without violating any of the provisions of this chapter. No
    common or contract carrier shall require or cause any label, tag,
    or other written notice to be placed on the outside of any package,
    luggage, or other container that such package, luggage, or other
    container contains a firearm.
      (f)(1) It shall be unlawful for any common or contract carrier to
    transport or deliver in interstate or foreign commerce any firearm
    or ammunition with knowledge or reasonable cause to believe that
    the shipment, transportation, or receipt thereof would be in
    violation of the provisions of this chapter.
      (2) It shall be unlawful for any common or contract carrier to
    deliver in interstate or foreign commerce any firearm without
    obtaining written acknowledgement of receipt from the recipient of
    the package or other container in which there is a firearm.
      (g) It shall be unlawful for any person -
        (1) who has been convicted in any court of, a crime punishable
      by imprisonment for a term exceeding one year;
        (2) who is a fugitive from justice;
        (3) who is an unlawful user of or addicted to any controlled
      substance (as defined in section 102 of the Controlled Substances
      Act (21 U.S.C. 802));
        (4) who has been adjudicated as a mental defective or who has
      been committed to a mental institution;
        (5) who, being an alien -
          (A) is illegally or unlawfully in the United States; or
          (B) except as provided in subsection (y)(2), has been
        admitted to the United States under a nonimmigrant visa (as
        that term is defined in section 101(a)(26) of the Immigration
        and Nationality Act (8 U.S.C. 1101(a)(26)));
        (6) who has been discharged from the Armed Forces under
      dishonorable conditions;
        (7) who, having been a citizen of the United States, has
      renounced his citizenship;
        (8) who is subject to a court order that -
          (A) was issued after a hearing of which such person received
        actual notice, and at which such person had an opportunity to
        participate;
          (B) restrains such person from harassing, stalking, or
        threatening an intimate partner of such person or child of such
        intimate partner or person, or engaging in other conduct that
        would place an intimate partner in reasonable fear of bodily
        injury to the partner or child; and
          (C)(i) includes a finding that such person represents a
        credible threat to the physical safety of such intimate partner
        or child; or
          (ii) by its terms explicitly prohibits the use, attempted
        use, or threatened use of physical force against such intimate
        partner or child that would reasonably be expected to cause
        bodily injury; or
        (9) who has been convicted in any court of a misdemeanor crime
      of domestic violence,
    to ship or transport in interstate or foreign commerce, or possess
    in or affecting commerce, any firearm or ammunition; or to receive
    any firearm or ammunition which has been shipped or transported in
    interstate or foreign commerce.
      (h) It shall be unlawful for any individual, who to that
    individual's knowledge and while being employed for any person
    described in any paragraph of subsection (g) of this section, in
    the course of such employment -
        (1) to receive, possess, or transport any firearm or ammunition
      in or affecting interstate or foreign commerce; or
        (2) to receive any firearm or ammunition which has been shipped
      or transported in interstate or foreign commerce.
      (i) It shall be unlawful for any person to transport or ship in
    interstate or foreign commerce, any stolen firearm or stolen
    ammunition, knowing or having reasonable cause to believe that the
    firearm or ammunition was stolen.
      (j) It shall be unlawful for any person to receive, possess,
    conceal, store, barter, sell, or dispose of any stolen firearm or
    stolen ammunition, or pledge or accept as security for a loan any
    stolen firearm or stolen ammunition, which is moving as, which is a
    part of, which constitutes, or which has been shipped or
    transported in, interstate or foreign commerce, either before or
    after it was stolen, knowing or having reasonable cause to believe
    that the firearm or ammunition was stolen.
      (k) It shall be unlawful for any person knowingly to transport,
    ship, or receive, in interstate or foreign commerce, any firearm
    which has had the importer's or manufacturer's serial number
    removed, obliterated, or altered or to possess or receive any
    firearm which has had the importer's or manufacturer's serial
    number removed, obliterated, or altered and has, at any time, been
    shipped or transported in interstate or foreign commerce.
      (l) Except as provided in section 925(d) of this chapter, it
    shall be unlawful for any person knowingly to import or bring into
    the United States or any possession thereof any firearm or
    ammunition; and it shall be unlawful for any person knowingly to
    receive any firearm or ammunition which has been imported or
    brought into the United States or any possession thereof in
    violation of the provisions of this chapter.
      (m) It shall be unlawful for any licensed importer, licensed
    manufacturer, licensed dealer, or licensed collector knowingly to
    make any false entry in, to fail to make appropriate entry in, or
    to fail to properly maintain, any record which he is required to
    keep pursuant to section 923 of this chapter or regulations
    promulgated thereunder.
      (n) It shall be unlawful for any person who is under indictment
    for a crime punishable by imprisonment for a term exceeding one
    year to ship or transport in interstate or foreign commerce any
    firearm or ammunition or receive any firearm or ammunition which
    has been shipped or transported in interstate or foreign commerce.
      (o)(1) Except as provided in paragraph (2), it shall be unlawful
    for any person to transfer or possess a machinegun.
      (2) This subsection does not apply with respect to -
        (A) a transfer to or by, or possession by or under the
      authority of, the United States or any department or agency
      thereof or a State, or a department, agency, or political
      subdivision thereof; or
        (B) any lawful transfer or lawful possession of a machinegun
      that was lawfully possessed before the date this subsection takes
      effect.
      (p)(1) It shall be unlawful for any person to manufacture,
    import, sell, ship, deliver, possess, transfer, or receive any
    firearm -
        (A) that, after removal of grips, stocks, and magazines, is not
      as detectable as the Security Exemplar, by walk-through metal
      detectors calibrated and operated to detect the Security
      Exemplar; or
        (B) any major component of which, when subjected to inspection
      by the types of x-ray machines commonly used at airports, does
      not generate an image that accurately depicts the shape of the
      component. Barium sulfate or other compounds may be used in the
      fabrication of the component.
      (2) For purposes of this subsection -
        (A) the term "firearm" does not include the frame or receiver
      of any such weapon;
        (B) the term "major component" means, with respect to a
      firearm, the barrel, the slide or cylinder, or the frame or
      receiver of the firearm; and
        (C) the term "Security Exemplar" means an object, to be
      fabricated at the direction of the Attorney General, that is -
          (i) constructed of, during the 12-month period beginning on
        the date of the enactment of this subsection, 3.7 ounces of
        material type 17-4 PH stainless steel in a shape resembling a
        handgun; and
          (ii) suitable for testing and calibrating metal detectors:
      Provided, however, That at the close of such 12-month period, and
      at appropriate times thereafter the Attorney General shall
      promulgate regulations to permit the manufacture, importation,
      sale, shipment, delivery, possession, transfer, or receipt of
      firearms previously prohibited under this subparagraph that are
      as detectable as a "Security Exemplar" which contains 3.7 ounces
      of material type 17-4 PH stainless steel, in a shape resembling a
      handgun, or such lesser amount as is detectable in view of
      advances in state-of-the-art developments in weapons detection
      technology.
      (3) Under such rules and regulations as the Attorney General
    shall prescribe, this subsection shall not apply to the
    manufacture, possession, transfer, receipt, shipment, or delivery
    of a firearm by a licensed manufacturer or any person acting
    pursuant to a contract with a licensed manufacturer, for the
    purpose of examining and testing such firearm to determine whether
    paragraph (1) applies to such firearm. The Attorney General shall
    ensure that rules and regulations adopted pursuant to this
    paragraph do not impair the manufacture of prototype firearms or
    the development of new technology.
      (4) The Attorney General shall permit the conditional importation
    of a firearm by a licensed importer or licensed manufacturer, for
    examination and testing to determine whether or not the
    unconditional importation of such firearm would violate this
    subsection.
      (5) This subsection shall not apply to any firearm which -
        (A) has been certified by the Secretary of Defense or the
      Director of Central Intelligence, after consultation with the
      Attorney General and the Administrator of the Federal Aviation
      Administration, as necessary for military or intelligence
      applications; and
        (B) is manufactured for and sold exclusively to military or
      intelligence agencies of the United States.
      (6) This subsection shall not apply with respect to any firearm
    manufactured in, imported into, or possessed in the United States
    before the date of the enactment of the Undetectable Firearms Act
    of 1988.
      (q)(1) The Congress finds and declares that -
        (A) crime, particularly crime involving drugs and guns, is a
      pervasive, nationwide problem;
        (B) crime at the local level is exacerbated by the interstate
      movement of drugs, guns, and criminal gangs;
        (C) firearms and ammunition move easily in interstate commerce
      and have been found in increasing numbers in and around schools,
      as documented in numerous hearings in both the Committee on the
      Judiciary (!3) the House of Representatives and the Committee on
      the Judiciary of the Senate;
        (D) in fact, even before the sale of a firearm, the gun, its
      component parts, ammunition, and the raw materials from which
      they are made have considerably moved in interstate commerce;
        (E) while criminals freely move from State to State, ordinary
      citizens and foreign visitors may fear to travel to or through
      certain parts of the country due to concern about violent crime
      and gun violence, and parents may decline to send their children
      to school for the same reason;
        (F) the occurrence of violent crime in school zones has
      resulted in a decline in the quality of education in our country;
        (G) this decline in the quality of education has an adverse
      impact on interstate commerce and the foreign commerce of the
      United States;
        (H) States, localities, and school systems find it almost
      impossible to handle gun-related crime by themselves - even
      States, localities, and school systems that have made strong
      efforts to prevent, detect, and punish gun-related crime find
      their efforts unavailing due in part to the failure or inability
      of other States or localities to take strong measures; and
        (I) the Congress has the power, under the interstate commerce
      clause and other provisions of the Constitution, to enact
      measures to ensure the integrity and safety of the Nation's
      schools by enactment of this subsection.
      (2)(A) It shall be unlawful for any individual knowingly to
    possess a firearm that has moved in or that otherwise affects
    interstate or foreign commerce at a place that the individual
    knows, or has reasonable cause to believe, is a school zone.
      (B) Subparagraph (A) does not apply to the possession of a
    firearm -
        (i) on private property not part of school grounds;
        (ii) if the individual possessing the firearm is licensed to do
      so by the State in which the school zone is located or a
      political subdivision of the State, and the law of the State or
      political subdivision requires that, before an individual obtains
      such a license, the law enforcement authorities of the State or
      political subdivision verify that the individual is qualified
      under law to receive the license;
        (iii) that is -
          (I) not loaded; and
          (II) in a locked container, or a locked firearms rack that is
        on a motor vehicle;
        (iv) by an individual for use in a program approved by a school
      in the school zone;
        (v) by an individual in accordance with a contract entered into
      between a school in the school zone and the individual or an
      employer of the individual;
        (vi) by a law enforcement officer acting in his or her official
      capacity; or
        (vii) that is unloaded and is possessed by an individual while
      traversing school premises for the purpose of gaining access to
      public or private lands open to hunting, if the entry on school
      premises is authorized by school authorities.
      (3)(A) Except as provided in subparagraph (B), it shall be
    unlawful for any person, knowingly or with reckless disregard for
    the safety of another, to discharge or attempt to discharge a
    firearm that has moved in or that otherwise affects interstate or
    foreign commerce at a place that the person knows is a school zone.
      (B) Subparagraph (A) does not apply to the discharge of a firearm
    -
        (i) on private property not part of school grounds;
        (ii) as part of a program approved by a school in the school
      zone, by an individual who is participating in the program;
        (iii) by an individual in accordance with a contract entered
      into between a school in a school zone and the individual or an
      employer of the individual; or
        (iv) by a law enforcement officer acting in his or her official
      capacity.
      (4) Nothing in this subsection shall be construed as preempting
    or preventing a State or local government from enacting a statute
    establishing gun free school zones as provided in this subsection.
      (r) It shall be unlawful for any person to assemble from imported
    parts any semiautomatic rifle or any shotgun which is identical to
    any rifle or shotgun prohibited from importation under section
    925(d)(3) of this chapter as not being particularly suitable for or
    readily adaptable to sporting purposes except that this subsection
    shall not apply to -
        (1) the assembly of any such rifle or shotgun for sale or
      distribution by a licensed manufacturer to the United States or
      any department or agency thereof or to any State or any
      department, agency, or political subdivision thereof; or
        (2) the assembly of any such rifle or shotgun for the purposes
      of testing or experimentation authorized by the Attorney General.
      (s)(1) Beginning on the date that is 90 days after the date of
    enactment of this subsection and ending on the day before the date
    that is 60 months after such date of enactment, it shall be
    unlawful for any licensed importer, licensed manufacturer, or
    licensed dealer to sell, deliver, or transfer a handgun (other than
    the return of a handgun to the person from whom it was received) to
    an individual who is not licensed under section 923, unless -
        (A) after the most recent proposal of such transfer by the
      transferee -
          (i) the transferor has -
            (I) received from the transferee a statement of the
          transferee containing the information described in paragraph
          (3);
            (II) verified the identity of the transferee by examining
          the identification document presented;
            (III) within 1 day after the transferee furnishes the
          statement, provided notice of the contents of the statement
          to the chief law enforcement officer of the place of
          residence of the transferee; and
            (IV) within 1 day after the transferee furnishes the
          statement, transmitted a copy of the statement to the chief
          law enforcement officer of the place of residence of the
          transferee; and
          (ii)(I) 5 business days (meaning days on which State offices
        are open) have elapsed from the date the transferor furnished
        notice of the contents of the statement to the chief law
        enforcement officer, during which period the transferor has not
        received information from the chief law enforcement officer
        that receipt or possession of the handgun by the transferee
        would be in violation of Federal, State, or local law; or
          (II) the transferor has received notice from the chief law
        enforcement officer that the officer has no information
        indicating that receipt or possession of the handgun by the
        transferee would violate Federal, State, or local law;
        (B) the transferee has presented to the transferor a written
      statement, issued by the chief law enforcement officer of the
      place of residence of the transferee during the 10-day period
      ending on the date of the most recent proposal of such transfer
      by the transferee, stating that the transferee requires access to
      a handgun because of a threat to the life of the transferee or of
      any member of the household of the transferee;
        (C)(i) the transferee has presented to the transferor a permit
      that -
          (I) allows the transferee to possess or acquire a handgun;
        and
          (II) was issued not more than 5 years earlier by the State in
        which the transfer is to take place; and
        (ii) the law of the State provides that such a permit is to be
      issued only after an authorized government official has verified
      that the information available to such official does not indicate
      that possession of a handgun by the transferee would be in
      violation of the law;
        (D) the law of the State requires that, before any licensed
      importer, licensed manufacturer, or licensed dealer completes the
      transfer of a handgun to an individual who is not licensed under
      section 923, an authorized government official verify that the
      information available to such official does not indicate that
      possession of a handgun by the transferee would be in violation
      of law;
        (E) the Attorney General has approved the transfer under
      section 5812 of the Internal Revenue Code of 1986; or
        (F) on application of the transferor, the Attorney General has
      certified that compliance with subparagraph (A)(i)(III) is
      impracticable because -
          (i) the ratio of the number of law enforcement officers of
        the State in which the transfer is to occur to the number of
        square miles of land area of the State does not exceed 0.0025;
          (ii) the business premises of the transferor at which the
        transfer is to occur are extremely remote in relation to the
        chief law enforcement officer; and
          (iii) there is an absence of telecommunications facilities in
        the geographical area in which the business premises are
        located.
      (2) A chief law enforcement officer to whom a transferor has
    provided notice pursuant to paragraph (1)(A)(i)(III) shall make a
    reasonable effort to ascertain within 5 business days whether
    receipt or possession would be in violation of the law, including
    research in whatever State and local recordkeeping systems are
    available and in a national system designated by the Attorney
    General.
      (3) The statement referred to in paragraph (1)(A)(i)(I) shall
    contain only -
        (A) the name, address, and date of birth appearing on a valid
      identification document (as defined in section 1028(d)(1) (!4))
      of the transferee containing a photograph of the transferee and a
      description of the identification used;
        (B) a statement that the transferee -
          (i) is not under indictment for, and has not been convicted
        in any court of, a crime punishable by imprisonment for a term
        exceeding 1 year, and has not been convicted in any court of a
        misdemeanor crime of domestic violence;
          (ii) is not a fugitive from justice;
          (iii) is not an unlawful user of or addicted to any
        controlled substance (as defined in section 102 of the
        Controlled Substances Act);
          (iv) has not been adjudicated as a mental defective or been
        committed to a mental institution;
          (v) is not an alien who -
            (I) is illegally or unlawfully in the United States; or
            (II) subject to subsection (y)(2), has been admitted to the
          United States under a nonimmigrant visa (as that term is
          defined in section 101(a)(26) of the Immigration and
          Nationality Act (8 U.S.C. 1101(a)(26)));
          (vi) has not been discharged from the Armed Forces under
        dishonorable conditions; and
          (vii) is not a person who, having been a citizen of the
        United States, has renounced such citizenship;
        (C) the date the statement is made; and
        (D) notice that the transferee intends to obtain a handgun from
      the transferor.
      (4) Any transferor of a handgun who, after such transfer,
    receives a report from a chief law enforcement officer containing
    information that receipt or possession of the handgun by the
    transferee violates Federal, State, or local law shall, within 1
    business day after receipt of such request, communicate any
    information related to the transfer that the transferor has about
    the transfer and the transferee to -
        (A) the chief law enforcement officer of the place of business
      of the transferor; and
        (B) the chief law enforcement officer of the place of residence
      of the transferee.
      (5) Any transferor who receives information, not otherwise
    available to the public, in a report under this subsection shall
    not disclose such information except to the transferee, to law
    enforcement authorities, or pursuant to the direction of a court of
    law.
      (6)(A) Any transferor who sells, delivers, or otherwise transfers
    a handgun to a transferee shall retain the copy of the statement of
    the transferee with respect to the handgun transaction, and shall
    retain evidence that the transferor has complied with subclauses
    (III) and (IV) of paragraph (1)(A)(i) with respect to the
    statement.
      (B) Unless the chief law enforcement officer to whom a statement
    is transmitted under paragraph (1)(A)(i)(IV) determines that a
    transaction would violate Federal, State, or local law -
        (i) the officer shall, within 20 business days after the date
      the transferee made the statement on the basis of which the
      notice was provided, destroy the statement, any record containing
      information derived from the statement, and any record created as
      a result of the notice required by paragraph (1)(A)(i)(III);
        (ii) the information contained in the statement shall not be
      conveyed to any person except a person who has a need to know in
      order to carry out this subsection; and
        (iii) the information contained in the statement shall not be
      used for any purpose other than to carry out this subsection.
      (C) If a chief law enforcement officer determines that an
    individual is ineligible to receive a handgun and the individual
    requests the officer to provide the reason for such determination,
    the officer shall provide such reasons to the individual in writing
    within 20 business days after receipt of the request.
      (7) A chief law enforcement officer or other person responsible
    for providing criminal history background information pursuant to
    this subsection shall not be liable in an action at law for damages
    -
        (A) for failure to prevent the sale or transfer of a handgun to
      a person whose receipt or possession of the handgun is unlawful
      under this section; or
        (B) for preventing such a sale or transfer to a person who may
      lawfully receive or possess a handgun.
      (8) For purposes of this subsection, the term "chief law
    enforcement officer" means the chief of police, the sheriff, or an
    equivalent officer or the designee of any such individual.
      (9) The Attorney General shall take necessary actions to ensure
    that the provisions of this subsection are published and
    disseminated to licensed dealers, law enforcement officials, and
    the public.
      (t)(1) Beginning on the date that is 30 days after the Attorney
    General notifies licensees under section 103(d) of the Brady
    Handgun Violence Prevention Act that the national instant criminal
    background check system is established, a licensed importer,
    licensed manufacturer, or licensed dealer shall not transfer a
    firearm to any other person who is not licensed under this chapter,
    unless -
        (A) before the completion of the transfer, the licensee
      contacts the national instant criminal background check system
      established under section 103 of that Act;
        (B)(i) the system provides the licensee with a unique
      identification number; or
        (ii) 3 business days (meaning a day on which State offices are
      open) have elapsed since the licensee contacted the system, and
      the system has not notified the licensee that the receipt of a
      firearm by such other person would violate subsection (g) or (n)
      of this section; and
        (C) the transferor has verified the identity of the transferee
      by examining a valid identification document (as defined in
      section 1028(d) of this title) of the transferee containing a
      photograph of the transferee.
      (2) If receipt of a firearm would not violate subsection (g) or
    (n) or State law, the system shall -
        (A) assign a unique identification number to the transfer;
        (B) provide the licensee with the number; and
        (C) destroy all records of the system with respect to the call
      (other than the identifying number and the date the number was
      assigned) and all records of the system relating to the person or
      the transfer.
      (3) Paragraph (1) shall not apply to a firearm transfer between a
    licensee and another person if -
        (A)(i) such other person has presented to the licensee a permit
      that -
          (I) allows such other person to possess or acquire a firearm;
        and
          (II) was issued not more than 5 years earlier by the State in
        which the transfer is to take place; and
        (ii) the law of the State provides that such a permit is to be
      issued only after an authorized government official has verified
      that the information available to such official does not indicate
      that possession of a firearm by such other person would be in
      violation of law;
        (B) the Attorney General has approved the transfer under
      section 5812 of the Internal Revenue Code of 1986; or
        (C) on application of the transferor, the Attorney General has
      certified that compliance with paragraph (1)(A) is impracticable
      because -
          (i) the ratio of the number of law enforcement officers of
        the State in which the transfer is to occur to the number of
        square miles of land area of the State does not exceed 0.0025;
          (ii) the business premises of the licensee at which the
        transfer is to occur are extremely remote in relation to the
        chief law enforcement officer (as defined in subsection
        (s)(8)); and
          (iii) there is an absence of telecommunications facilities in
        the geographical area in which the business premises are
        located.
      (4) If the national instant criminal background check system
    notifies the licensee that the information available to the system
    does not demonstrate that the receipt of a firearm by such other
    person would violate subsection (g) or (n) or State law, and the
    licensee transfers a firearm to such other person, the licensee
    shall include in the record of the transfer the unique
    identification number provided by the system with respect to the
    transfer.
      (5) If the licensee knowingly transfers a firearm to such other
    person and knowingly fails to comply with paragraph (1) of this
    subsection with respect to the transfer and, at the time such other
    person most recently proposed the transfer, the national instant
    criminal background check system was operating and information was
    available to the system demonstrating that receipt of a firearm by
    such other person would violate subsection (g) or (n) of this
    section or State law, the Attorney General may, after notice and
    opportunity for a hearing, suspend for not more than 6 months or
    revoke any license issued to the licensee under section 923, and
    may impose on the licensee a civil fine of not more than $5,000.
      (6) Neither a local government nor an employee of the Federal
    Government or of any State or local government, responsible for
    providing information to the national instant criminal background
    check system shall be liable in an action at law for damages -
        (A) for failure to prevent the sale or transfer of a firearm to
      a person whose receipt or possession of the firearm is unlawful
      under this section; or
        (B) for preventing such a sale or transfer to a person who may
      lawfully receive or possess a firearm.
      (u) It shall be unlawful for a person to steal or unlawfully take
    or carry away from the person or the premises of a person who is
    licensed to engage in the business of importing, manufacturing, or
    dealing in firearms, any firearm in the licensee's business
    inventory that has been shipped or transported in interstate or
    foreign commerce.
      [(v), (w) Repealed. Pub. L. 103-322, title XI, Sec. 110105(2),
    Sept. 13, 1994, 108 Stat. 2000.]
      (x)(1) It shall be unlawful for a person to sell, deliver, or
    otherwise transfer to a person who the transferor knows or has
    reasonable cause to believe is a juvenile -
        (A) a handgun; or
        (B) ammunition that is suitable for use only in a handgun.
      (2) It shall be unlawful for any person who is a juvenile to
    knowingly possess -
        (A) a handgun; or
        (B) ammunition that is suitable for use only in a handgun.
      (3) This subsection does not apply to -
        (A) a temporary transfer of a handgun or ammunition to a
      juvenile or to the possession or use of a handgun or ammunition
      by a juvenile if the handgun and ammunition are possessed and
      used by the juvenile -
          (i) in the course of employment, in the course of ranching or
        farming related to activities at the residence of the juvenile
        (or on property used for ranching or farming at which the
        juvenile, with the permission of the property owner or lessee,
        is performing activities related to the operation of the farm
        or ranch), target practice, hunting, or a course of instruction
        in the safe and lawful use of a handgun;
          (ii) with the prior written consent of the juvenile's parent
        or guardian who is not prohibited by Federal, State, or local
        law from possessing a firearm, except -
            (I) during transportation by the juvenile of an unloaded
          handgun in a locked container directly from the place of
          transfer to a place at which an activity described in clause
          (i) is to take place and transportation by the juvenile of
          that handgun, unloaded and in a locked container, directly
          from the place at which such an activity took place to the
          transferor; or
            (II) with respect to ranching or farming activities as
          described in clause (i), a juvenile may possess and use a
          handgun or ammunition with the prior written approval of the
          juvenile's parent or legal guardian and at the direction of
          an adult who is not prohibited by Federal, State or local law
          from possessing a firearm;
          (iii) the juvenile has the prior written consent in the
        juvenile's possession at all times when a handgun is in the
        possession of the juvenile; and
          (iv) in accordance with State and local law;
        (B) a juvenile who is a member of the Armed Forces of the
      United States or the National Guard who possesses or is armed
      with a handgun in the line of duty;
        (C) a transfer by inheritance of title (but not possession) of
      a handgun or ammunition to a juvenile; or
        (D) the possession of a handgun or ammunition by a juvenile
      taken in defense of the juvenile or other persons against an
      intruder into the residence of the juvenile or a residence in
      which the juvenile is an invited guest.
      (4) A handgun or ammunition, the possession of which is
    transferred to a juvenile in circumstances in which the transferor
    is not in violation of this subsection shall not be subject to
    permanent confiscation by the Government if its possession by the
    juvenile subsequently becomes unlawful because of the conduct of
    the juvenile, but shall be returned to the lawful owner when such
    handgun or ammunition is no longer required by the Government for
    the purposes of investigation or prosecution.
      (5) For purposes of this subsection, the term "juvenile" means a
    person who is less than 18 years of age.
      (6)(A) In a prosecution of a violation of this subsection, the
    court shall require the presence of a juvenile defendant's parent
    or legal guardian at all proceedings.
      (B) The court may use the contempt power to enforce subparagraph
    (A).
      (C) The court may excuse attendance of a parent or legal guardian
    of a juvenile defendant at a proceeding in a prosecution of a
    violation of this subsection for good cause shown.
      (y) Provisions Relating to Aliens Admitted Under Nonimmigrant
    Visas. -
        (1) Definitions. - In this subsection -
          (A) the term "alien" has the same meaning as in section
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
        1101(a)(3)); and
          (B) the term "nonimmigrant visa" has the same meaning as in
        section 101(a)(26) of the Immigration and Nationality Act (8
        U.S.C. 1101(a)(26)).
        (2) Exceptions. - Subsections (d)(5)(B), (g)(5)(B), and
      (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
      admitted to the United States under a nonimmigrant visa, if that
      alien is -
          (A) admitted to the United States for lawful hunting or
        sporting purposes or is in possession of a hunting license or
        permit lawfully issued in the United States;
          (B) an official representative of a foreign government who is
        -
            (i) accredited to the United States Government or the
          Government's mission to an international organization having
          its headquarters in the United States; or
            (ii) en route to or from another country to which that
          alien is accredited;
          (C) an official of a foreign government or a distinguished
        foreign visitor who has been so designated by the Department of
        State; or
          (D) a foreign law enforcement officer of a friendly foreign
        government entering the United States on official law
        enforcement business.
        (3) Waiver. -
          (A) Conditions for waiver. - Any individual who has been
        admitted to the United States under a nonimmigrant visa may
        receive a waiver from the requirements of subsection (g)(5), if
        -
            (i) the individual submits to the Attorney General a
          petition that meets the requirements of subparagraph (C); and
            (ii) the Attorney General approves the petition.
          (B) Petition. - Each petition under subparagraph (B) shall -
            (i) demonstrate that the petitioner has resided in the
          United States for a continuous period of not less than 180
          days before the date on which the petition is submitted under
          this paragraph; and
            (ii) include a written statement from the embassy or
          consulate of the petitioner, authorizing the petitioner to
          acquire a firearm or ammunition and certifying that the alien
          would not, absent the application of subsection (g)(5)(B),
          otherwise be prohibited from such acquisition under
          subsection (g).
          (C) Approval of petition. - The Attorney General shall
        approve a petition submitted in accordance with this paragraph,
        if the Attorney General determines that waiving the
        requirements of subsection (g)(5)(B) with respect to the
        petitioner -
            (i) would be in the interests of justice; and
            (ii) would not jeopardize the public safety.
      (z) Secure Gun Storage or Safety Device. -
        (1) In general. - Except as provided under paragraph (2), it
      shall be unlawful for any licensed importer, licensed
      manufacturer, or licensed dealer to sell, deliver, or transfer
      any handgun to any person other than any person licensed under
      this chapter, unless the transferee is provided with a secure gun
      storage or safety device (as defined in section 921(a)(34)) for
      that handgun.
        (2) Exceptions. - Paragraph (1) shall not apply to -
          (A)(i) the manufacture for, transfer to, or possession by,
        the United States, a department or agency of the United States,
        a State, or a department, agency, or political subdivision of a
        State, of a handgun; or
          (ii) the transfer to, or possession by, a law enforcement
        officer employed by an entity referred to in clause (i) of a
        handgun for law enforcement purposes (whether on or off duty);
        or
          (B) the transfer to, or possession by, a rail police officer
        employed by a rail carrier and certified or commissioned as a
        police officer under the laws of a State of a handgun for
        purposes of law enforcement (whether on or off duty);
          (C) the transfer to any person of a handgun listed as a curio
        or relic by the Secretary pursuant to section 921(a)(13); or
          (D) the transfer to any person of a handgun for which a
        secure gun storage or safety device is temporarily unavailable
        for the reasons described in the exceptions stated in section
        923(e), if the licensed manufacturer, licensed importer, or
        licensed dealer delivers to the transferee within 10 calendar
        days from the date of the delivery of the handgun to the
        transferee a secure gun storage or safety device for the
        handgun.
        (3) Liability for use. -
          (A) In general. - Notwithstanding any other provision of law,
        a person who has lawful possession and control of a handgun,
        and who uses a secure gun storage or safety device with the
        handgun, shall be entitled to immunity from a qualified civil
        liability action.
          (B) Prospective actions. - A qualified civil liability action
        may not be brought in any Federal or State court.
          (C) Defined term. - As used in this paragraph, the term
        "qualified civil liability action" -
            (i) means a civil action brought by any person against a
          person described in subparagraph (A) for damages resulting
          from the criminal or unlawful misuse of the handgun by a
          third party, if -
              (I) the handgun was accessed by another person who did
            not have the permission or authorization of the person
            having lawful possession and control of the handgun to have
            access to it; and
              (II) at the time access was gained by the person not so
            authorized, the handgun had been made inoperable by use of
            a secure gun storage or safety device; and
            (ii) shall not include an action brought against the person
          having lawful possession and control of the handgun for
          negligent entrustment or negligence per se.

MISCELLANEOUS

     [APPENDIX A REPEALED. PUB. L. 103-322, TITLE XI, SEC. 110105(2),
                      SEPT. 13, 1994, 108 STAT. 2000]

SOURCE

    (Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
    228; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
    Stat. 1216; Pub. L. 97-377, title I, Sec. 165(a), Dec. 21, 1982, 96
    Stat. 1923; Pub. L. 99-308, Sec. 102, May 19, 1986, 100 Stat. 451;
    Pub. L. 99-408, Sec. 2, Aug. 28, 1986, 100 Stat. 920; Pub. L. 99-
    514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-649, Sec.
    2(a), (f)(2)(A), Nov. 10, 1988, 102 Stat. 3816, 3818; Pub. L. 100-
    690, title VII, Sec. 7060(c), Nov. 18, 1988, 102 Stat. 4404; Pub.
    L. 101-647, title XVII, Sec. 1702(b)(1), title XXII, Secs. 2201,
    2202, 2204(b), title XXXV, Sec. 3524, Nov. 29, 1990, 104 Stat.
    4844, 4856, 4857, 4924; Pub. L. 103-159, title I, Sec. 102(a)(1),
    (b), title III, Sec. 302(a)-(c), Nov. 30, 1993, 107 Stat. 1536,
    1539, 1545; Pub. L. 103-322, title XI, Secs. 110102(a), 110103(a),
    110105(2), 110106, 110201(a), 110401(b), (c), 110511, 110514, title
    XXXII, Secs. 320904, 320927, title XXXIII, Sec. 330011(i), Sept.
    13, 1994, 108 Stat. 1996, 1998, 2000, 2010, 2014, 2019, 2125, 2131,
    2145; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI,
    Secs. 657, 658(b)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-369,
    3009-372; Pub. L. 104-294, title VI, Sec. 603(b), (c)(1), (d)-
    (f)(1), (g), Oct. 11, 1996, 110 Stat. 3503, 3504; Pub. L. 105-277,
    div. A, Sec. 101(b) [title I, Sec. 121], Oct. 21, 1998, 112 Stat.
    2681-50, 2681-71; Pub. L. 107-273, div. B, title IV, Sec.
    4003(a)(1), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 107-296, title
    XI, Sec. 1112(f)(4), (6), Nov. 25, 2002, 116 Stat. 2276; Pub. L.
    109-92, Secs. 5(c)(1), 6(a), Oct. 26, 2005, 119 Stat. 2099, 2101.)
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