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CITE

    18 USC Sec. 924                                             01/05/2009

EXPCITE

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

HEAD

    Sec. 924. Penalties

STATUTE

      (a)(1) Except as otherwise provided in this subsection,
    subsection (b), (c), (f), or (p) of this section, or in section
    929, whoever -
        (A) knowingly makes any false statement or representation with
      respect to the information required by this chapter to be kept in
      the records of a person licensed under this chapter or in
      applying for any license or exemption or relief from disability
      under the provisions of this chapter;
        (B) knowingly violates subsection (a)(4), (f), (k), or (q) of
      section 922;
        (C) knowingly imports or brings into the United States or any
      possession thereof any firearm or ammunition in violation of
      section 922(l); or
        (D) willfully violates any other provision of this chapter,
    shall be fined under this title, imprisoned not more than five
    years, or both.
      (2) Whoever knowingly violates subsection (a)(6), (d), (g), (h),
    (i), (j), or (o) of section 922 shall be fined as provided in this
    title, imprisoned not more than 10 years, or both.
      (3) Any licensed dealer, licensed importer, licensed
    manufacturer, or licensed collector who knowingly -
        (A) makes any false statement or representation with respect to
      the information required by the provisions of this chapter to be
      kept in the records of a person licensed under this chapter, or
        (B) violates subsection (m) of section 922,
    shall be fined under this title, imprisoned not more than one year,
    or both.
      (4) Whoever violates section 922(q) shall be fined under this
    title, imprisoned for not more than 5 years, or both.
    Notwithstanding any other provision of law, the term of
    imprisonment imposed under this paragraph shall not run
    concurrently with any other term of imprisonment imposed under any
    other provision of law. Except for the authorization of a term of
    imprisonment of not more than 5 years made in this paragraph, for
    the purpose of any other law a violation of section 922(q) shall be
    deemed to be a misdemeanor.
      (5) Whoever knowingly violates subsection (s) or (t) of section
    922 shall be fined under this title, imprisoned for not more than 1
    year, or both.
      (6)(A)(i) A juvenile who violates section 922(x) shall be fined
    under this title, imprisoned not more than 1 year, or both, except
    that a juvenile described in clause (ii) shall be sentenced to
    probation on appropriate conditions and shall not be incarcerated
    unless the juvenile fails to comply with a condition of probation.
      (ii) A juvenile is described in this clause if -
        (I) the offense of which the juvenile is charged is possession
      of a handgun or ammunition in violation of section 922(x)(2); and
        (II) the juvenile has not been convicted in any court of an
      offense (including an offense under section 922(x) or a similar
      State law, but not including any other offense consisting of
      conduct that if engaged in by an adult would not constitute an
      offense) or adjudicated as a juvenile delinquent for conduct that
      if engaged in by an adult would constitute an offense.
      (B) A person other than a juvenile who knowingly violates section
    922(x) -
        (i) shall be fined under this title, imprisoned not more than 1
      year, or both; and
        (ii) if the person sold, delivered, or otherwise transferred a
      handgun or ammunition to a juvenile knowing or having reasonable
      cause to know that the juvenile intended to carry or otherwise
      possess or discharge or otherwise use the handgun or ammunition
      in the commission of a crime of violence, shall be fined under
      this title, imprisoned not more than 10 years, or both.
      (7) Whoever knowingly violates section 931 shall be fined under
    this title, imprisoned not more than 3 years, or both.
      (b) Whoever, with intent to commit therewith an offense
    punishable by imprisonment for a term exceeding one year, or with
    knowledge or reasonable cause to believe that an offense punishable
    by imprisonment for a term exceeding one year is to be committed
    therewith, ships, transports, or receives a firearm or any
    ammunition in interstate or foreign commerce shall be fined under
    this title, or imprisoned not more than ten years, or both.
      (c)(1)(A) Except to the extent that a greater minimum sentence is
    otherwise provided by this subsection or by any other provision of
    law, any person who, during and in relation to any crime of
    violence or drug trafficking crime (including a crime of violence
    or drug trafficking crime that provides for an enhanced punishment
    if committed by the use of a deadly or dangerous weapon or device)
    for which the person may be prosecuted in a court of the United
    States, uses or carries a firearm, or who, in furtherance of any
    such crime, possesses a firearm, shall, in addition to the
    punishment provided for such crime of violence or drug trafficking
    crime -
        (i) be sentenced to a term of imprisonment of not less than 5
      years;
        (ii) if the firearm is brandished, be sentenced to a term of
      imprisonment of not less than 7 years; and
        (iii) if the firearm is discharged, be sentenced to a term of
      imprisonment of not less than 10 years.
      (B) If the firearm possessed by a person convicted of a violation
    of this subsection -
        (i) is a short-barreled rifle, short-barreled shotgun, or
      semiautomatic assault weapon, the person shall be sentenced to a
      term of imprisonment of not less than 10 years; or
        (ii) is a machinegun or a destructive device, or is equipped
      with a firearm silencer or firearm muffler, the person shall be
      sentenced to a term of imprisonment of not less than 30 years.
      (C) In the case of a second or subsequent conviction under this
    subsection, the person shall -
        (i) be sentenced to a term of imprisonment of not less than 25
      years; and
        (ii) if the firearm involved is a machinegun or a destructive
      device, or is equipped with a firearm silencer or firearm
      muffler, be sentenced to imprisonment for life.
      (D) Notwithstanding any other provision of law -
        (i) a court shall not place on probation any person convicted
      of a violation of this subsection; and
        (ii) no term of imprisonment imposed on a person under this
      subsection shall run concurrently with any other term of
      imprisonment imposed on the person, including any term of
      imprisonment imposed for the crime of violence or drug
      trafficking crime during which the firearm was used, carried, or
      possessed.
      (2) For purposes of this subsection, the term "drug trafficking
    crime" means any felony punishable under the Controlled Substances
    Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and
    Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.
      (3) For purposes of this subsection the term "crime of violence"
    means an offense that is a felony and -
        (A) has as an element the use, attempted use, or threatened use
      of physical force against the person or property of another, or
        (B) that by its nature, involves a substantial risk that
      physical force against the person or property of another may be
      used in the course of committing the offense.
      (4) For purposes of this subsection, the term "brandish" means,
    with respect to a firearm, to display all or part of the firearm,
    or otherwise make the presence of the firearm known to another
    person, in order to intimidate that person, regardless of whether
    the firearm is directly visible to that person.
      (5) Except to the extent that a greater minimum sentence is
    otherwise provided under this subsection, or by any other provision
    of law, any person who, during and in relation to any crime of
    violence or drug trafficking crime (including a crime of violence
    or drug trafficking crime that provides for an enhanced punishment
    if committed by the use of a deadly or dangerous weapon or device)
    for which the person may be prosecuted in a court of the United
    States, uses or carries armor piercing ammunition, or who, in
    furtherance of any such crime, possesses armor piercing ammunition,
    shall, in addition to the punishment provided for such crime of
    violence or drug trafficking crime or conviction under this section
    -
        (A) be sentenced to a term of imprisonment of not less than 15
      years; and
        (B) if death results from the use of such ammunition -
          (i) if the killing is murder (as defined in section 1111), be
        punished by death or sentenced to a term of imprisonment for
        any term of years or for life; and
          (ii) if the killing is manslaughter (as defined in section
        1112), be punished as provided in section 1112.
      (d)(1) Any firearm or ammunition involved in or used in any
    knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i),
    (j), or (k) of section 922, or knowing importation or bringing into
    the United States or any possession thereof any firearm or
    ammunition in violation of section 922(l), or knowing violation of
    section 924, or willful violation of any other provision of this
    chapter or any rule or regulation promulgated thereunder, or any
    violation of any other criminal law of the United States, or any
    firearm or ammunition intended to be used in any offense referred
    to in paragraph (3) of this subsection, where such intent is
    demonstrated by clear and convincing evidence, shall be subject to
    seizure and forfeiture, and all provisions of the Internal Revenue
    Code of 1986 relating to the seizure, forfeiture, and disposition
    of firearms, as defined in section 5845(a) of that Code, shall, so
    far as applicable, extend to seizures and forfeitures under the
    provisions of this chapter: Provided, That upon acquittal of the
    owner or possessor, or dismissal of the charges against him other
    than upon motion of the Government prior to trial, or lapse of or
    court termination of the restraining order to which he is subject,
    the seized or relinquished firearms or ammunition shall be returned
    forthwith to the owner or possessor or to a person delegated by the
    owner or possessor unless the return of the firearms or ammunition
    would place the owner or possessor or his delegate in violation of
    law. Any action or proceeding for the forfeiture of firearms or
    ammunition shall be commenced within one hundred and twenty days of
    such seizure.
      (2)(A) In any action or proceeding for the return of firearms or
    ammunition seized under the provisions of this chapter, the court
    shall allow the prevailing party, other than the United States, a
    reasonable attorney's fee, and the United States shall be liable
    therefor.
      (B) In any other action or proceeding under the provisions of
    this chapter, the court, when it finds that such action was without
    foundation, or was initiated vexatiously, frivolously, or in bad
    faith, shall allow the prevailing party, other than the United
    States, a reasonable attorney's fee, and the United States shall be
    liable therefor.
      (C) Only those firearms or quantities of ammunition particularly
    named and individually identified as involved in or used in any
    violation of the provisions of this chapter or any rule or
    regulation issued thereunder, or any other criminal law of the
    United States or as intended to be used in any offense referred to
    in paragraph (3) of this subsection, where such intent is
    demonstrated by clear and convincing evidence, shall be subject to
    seizure, forfeiture, and disposition.
      (D) The United States shall be liable for attorneys' fees under
    this paragraph only to the extent provided in advance by
    appropriation Acts.
      (3) The offenses referred to in paragraphs (1) and (2)(C) of this
    subsection are -
        (A) any crime of violence, as that term is defined in section
      924(c)(3) of this title;
        (B) any offense punishable under the Controlled Substances Act
      (21 U.S.C. 801 et seq.) or the Controlled Substances Import and
      Export Act (21 U.S.C. 951 et seq.);
        (C) any offense described in section 922(a)(1), 922(a)(3),
      922(a)(5), or 922(b)(3) of this title, where the firearm or
      ammunition intended to be used in any such offense is involved in
      a pattern of activities which includes a violation of any offense
      described in section 922(a)(1), 922(a)(3), 922(a)(5), or
      922(b)(3) of this title;
        (D) any offense described in section 922(d) of this title where
      the firearm or ammunition is intended to be used in such offense
      by the transferor of such firearm or ammunition;
        (E) any offense described in section 922(i), 922(j), 922(l),
      922(n), or 924(b) of this title; and
        (F) any offense which may be prosecuted in a court of the
      United States which involves the exportation of firearms or
      ammunition.
      (e)(1) In the case of a person who violates section 922(g) of
    this title and has three previous convictions by any court referred
    to in section 922(g)(1) of this title for a violent felony or a
    serious drug offense, or both, committed on occasions different
    from one another, such person shall be fined under this title and
    imprisoned not less than fifteen years, and, notwithstanding any
    other provision of law, the court shall not suspend the sentence
    of, or grant a probationary sentence to, such person with respect
    to the conviction under section 922(g).
      (2) As used in this subsection -
        (A) the term "serious drug offense" means -
          (i) an offense under the Controlled Substances Act (21 U.S.C.
        801 et seq.), the Controlled Substances Import and Export Act
        (21 U.S.C. 951 et seq.), or chapter 705 of title 46 for which a
        maximum term of imprisonment of ten years or more is prescribed
        by law; or
          (ii) an offense under State law, involving manufacturing,
        distributing, or possessing with intent to manufacture or
        distribute, a controlled substance (as defined in section 102
        of the Controlled Substances Act (21 U.S.C. 802)), for which a
        maximum term of imprisonment of ten years or more is prescribed
        by law;
        (B) the term "violent felony" means any crime punishable by
      imprisonment for a term exceeding one year, or any act of
      juvenile delinquency involving the use or carrying of a firearm,
      knife, or destructive device that would be punishable by
      imprisonment for such term if committed by an adult, that -
          (i) has as an element the use, attempted use, or threatened
        use of physical force against the person of another; or
          (ii) is burglary, arson, or extortion, involves use of
        explosives, or otherwise involves conduct that presents a
        serious potential risk of physical injury to another; and
        (C) the term "conviction" includes a finding that a person has
      committed an act of juvenile delinquency involving a violent
      felony.
      (f) In the case of a person who knowingly violates section
    922(p), such person shall be fined under this title, or imprisoned
    not more than 5 years, or both.
      (g) Whoever, with the intent to engage in conduct which -
        (1) constitutes an offense listed in section 1961(1),
        (2) is punishable under the Controlled Substances Act (21
      U.S.C. 801 et seq.), the Controlled Substances Import and Export
      Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46,
        (3) violates any State law relating to any controlled substance
      (as defined in section 102(6) of the Controlled Substances Act
      (21 U.S.C. 802(6))), or
        (4) constitutes a crime of violence (as defined in subsection
      (c)(3)),
    travels from any State or foreign country into any other State and
    acquires, transfers, or attempts to acquire or transfer, a firearm
    in such other State in furtherance of such purpose, shall be
    imprisoned not more than 10 years, fined in accordance with this
    title, or both.
      (h) Whoever knowingly transfers a firearm, knowing that such
    firearm will be used to commit a crime of violence (as defined in
    subsection (c)(3)) or drug trafficking crime (as defined in
    subsection (c)(2)) shall be imprisoned not more than 10 years,
    fined in accordance with this title, or both.
      (i)(1) A person who knowingly violates section 922(u) shall be
    fined under this title, imprisoned not more than 10 years, or both.
      (2) Nothing contained in this subsection shall be construed as
    indicating an intent on the part of Congress to occupy the field in
    which provisions of this subsection operate to the exclusion of
    State laws on the same subject matter, nor shall any provision of
    this subsection be construed as invalidating any provision of State
    law unless such provision is inconsistent with any of the purposes
    of this subsection.
      (j) A person who, in the course of a violation of subsection (c),
    causes the death of a person through the use of a firearm, shall -
        (1) if the killing is a murder (as defined in section 1111), be
      punished by death or by imprisonment for any term of years or for
      life; and
        (2) if the killing is manslaughter (as defined in section
      1112), be punished as provided in that section.
      (k) A person who, with intent to engage in or to promote conduct
    that -
        (1) is punishable under the Controlled Substances Act (21
      U.S.C. 801 et seq.), the Controlled Substances Import and Export
      Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
        (2) violates any law of a State relating to any controlled
      substance (as defined in section 102 of the Controlled Substances
      Act, 21 U.S.C. 802); or
        (3) constitutes a crime of violence (as defined in subsection
      (c)(3)),
    smuggles or knowingly brings into the United States a firearm, or
    attempts to do so, shall be imprisoned not more than 10 years,
    fined under this title, or both.
      (l) A person who steals any firearm which is moving as, or is a
    part of, or which has moved in, interstate or foreign commerce
    shall be imprisoned for not more than 10 years, fined under this
    title, or both.
      (m) A person who steals any firearm from a licensed importer,
    licensed manufacturer, licensed dealer, or licensed collector shall
    be fined under this title, imprisoned not more than 10 years, or
    both.
      (n) A person who, with the intent to engage in conduct that
    constitutes a violation of section 922(a)(1)(A), travels from any
    State or foreign country into any other State and acquires, or
    attempts to acquire, a firearm in such other State in furtherance
    of such purpose shall be imprisoned for not more than 10 years.
      (o) A person who conspires to commit an offense under subsection
    (c) shall be imprisoned for not more than 20 years, fined under
    this title, or both; and if the firearm is a machinegun or
    destructive device, or is equipped with a firearm silencer or
    muffler, shall be imprisoned for any term of years or life.
      (p) Penalties Relating To Secure Gun Storage or Safety Device. -
        (1) In general. -
          (A) Suspension or revocation of license; civil penalties. -
        With respect to each violation of section 922(z)(1) by a
        licensed manufacturer, licensed importer, or licensed dealer,
        the Secretary may, after notice and opportunity for hearing -
            (i) suspend for not more than 6 months, or revoke, the
          license issued to the licensee under this chapter that was
          used to conduct the firearms transfer; or
            (ii) subject the licensee to a civil penalty in an amount
          equal to not more than $2,500.
          (B) Review. - An action of the Secretary under this paragraph
        may be reviewed only as provided under section 923(f).
        (2) Administrative remedies. - The suspension or revocation of
      a license or the imposition of a civil penalty under paragraph
      (1) shall not preclude any administrative remedy that is
      otherwise available to the Secretary.

SOURCE

    (Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
    233; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
    Stat. 1223; Pub. L. 91-644, title II, Sec. 13, Jan. 2, 1971, 84
    Stat. 1889; Pub. L. 98-473, title II, Secs. 223(a), 1005(a), Oct.
    12, 1984, 98 Stat. 2028, 2138; Pub. L. 99-308, Sec. 104(a), May 19,
    1986, 100 Stat. 456; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
    Stat. 2095; Pub. L. 99-570, title I, Sec. 1402, Oct. 27, 1986, 100
    Stat. 3207-39; Pub. L. 100-649, Sec. 2(b), (f)(2)(B), (D), Nov. 10,
    1988, 102 Stat. 3817, 3818; Pub. L. 100-690, title VI, Secs. 6211,
    6212, 6451, 6460, 6462, title VII, Secs. 7056, 7060(a), Nov. 18,
    1988, 102 Stat. 4359, 4360, 4371, 4373, 4374, 4402, 4403; Pub. L.
    101-647, title XI, Sec. 1101, title XVII, Sec. 1702(b)(3), title
    XXII, Secs. 2203(d), 2204(c), title XXXV, Secs. 3526-3529, Nov. 29,
    1990, 104 Stat. 4829, 4845, 4857, 4924; Pub. L. 103-159, title I,
    Sec. 102(c), title III, Sec. 302(d), Nov. 30, 1993, 107 Stat. 1541,
    1545; Pub. L. 103-322, title VI, Sec. 60013, title XI, Secs.
    110102(c), 110103(c), 110105(2), 110201(b), 110401(e), 110503,
    110504(a), 110507, 110510, 110515(a), 110517, 110518(a), title
    XXXIII, Secs. 330002(h), 330003(f)(2), 330011(i), (j),
    330016(1)(H), (K), (L), Sept. 13, 1994, 108 Stat. 1973, 1998-2000,
    2011, 2015, 2016, 2018-2020, 2140, 2141, 2145, 2147; Pub. L. 104-
    294, title VI, Sec. 603(m)(1), (n)-(p)(1), (q)-(s), Oct. 11, 1996,
    110 Stat. 3505; Pub. L. 105-386, Sec. 1(a), Nov. 13, 1998, 112
    Stat. 3469; Pub. L. 107-273, div. B, title IV, Sec. 4002(d)(1)(E),
    div. C, title I, Sec. 11009(e)(3), Nov. 2, 2002, 116 Stat. 1809,
    1821; Pub. L. 108-174, Sec. 1(2), (3), Dec. 9, 2003, 117 Stat.
    2481; Pub. L. 109-92, Secs. 5(c)(2), 6(b), Oct. 26, 2005, 119 Stat.
    2100, 2102; Pub. L. 109-304, Sec. 17(d)(3), Oct. 6, 2006, 120 Stat.
    1707.)
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