ATF Federal Firearms Regulations Reference Guide 2014 Edition

8/10/2019 ATF Federal Firearms Regulations Reference Guide 2014 Edition

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U.S. Department of Justice

Bureau ofAlcohol, Tobacco, Firearms and Explosives

Enforcement Programs and Services

2014

ATF Publication 5300.4Revised September 2014


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U.S. Department of Justice

Bureau of Alcohol, Tobacco,Firearms and Explosives

Ofce of the Director

Washington, DC 20226

Dear Federal Firearms Licensees:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a component of the United

States Department of Justice, is a law enforcement agency charged with protecting our communities

from violent criminals, criminal organizations, the illegal possession, use and trafcking of rearms,

the illegal possession, use and storage of explosives, acts of arson and bombings, and the illegaldiversion of alcohol and tobacco products. We are proud to partner with industries, law enforcement,

and the community to protect the public we serve.

Federal rearms licensees play a key role in safeguarding the public from violent crime by

maintaining accurate records, instituting internal controls, and performing background checks on

potential rearms purchasers. These practices have saved lives, prohibited violent criminals from

obtaining rearms, and prevented rearms-related crimes.

The 2014 edition of the Federal Firearms Regulations Reference Guide contains information

that will help you comply with Federal laws and regulations governing the manufacture, importation

and distribution of rearms and ammunition. This edition contains new and amended statues enacted

since publication of the 2005 edition, as well as updated regulations and ruling issued by ATF. Inaddition to these updated materials, in response to inquiries received from industry members, the

public, and partner agencies, the 2014 edition contains additional and amended Questions and

Answers to assist with compliance.

Laws may change over time, as will information in this guide. The ATF website at

www.ATF.gov is a good source of updated information and is one method ATF uses to communicate

with licensees about changes to laws and regulations. Additionally, as always, you are welcome to

contact your local ATF ofce for information or assistance.

Thank you for working with us to make our communities safer.

Sincerely,

B. Todd Jones

Director


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FEDERAL FIREARMS REGULATIONSREFERENCE GUIDE

2014

TABLE OF CONTENTS

I. Message from the Director ................................................................................................................................................. 1

II. Editors Note ...................................................................................................................................................................... 6

III. Laws and Regulations

A. Gun Control Act

1. 18 U.S.C. Chapter 44 ............................................................................................................................................ 7

921 Denitions. .................................................................................................................................. 7

922 Unlawful acts. ........................................................................................................................... 10

923 Licensing. ................................................................................................................................. 20

924 Penalties. .................................................................................................................................. 23

925 Exceptions: Relief from disabilities. .......................................................................................... 26

925A Remedy for erroneous denial of rearms. ................................................................................ 27

926 Rules and regulations. .............................................................................................................. 28

926A Interstate transportation of rearms.......................................................................................... 28

926B Carrying of concealed rearms by qualied law enforcement ofcers..................................... 28

926C Carrying of concealed rearms by qualied retired law enforcement ofcers.......................... 29

927 Effect on State law. ................................................................................................................... 30

928 Separability. ..............................................................................................................................30

929 Use of restricted ammunition. ................................................................................................... 30

930 Possession of rearms and dangerous weapons in Federal facilities. ..................................... 30

931 Prohibition on purchase, ownership, or possession of body armor by violent felons. .............. 31

2. 27 CFR Part 478 ................................................................................................................................................. 32

Subpart A Introduction......................................................................................................................................... 34

Subpart B Denitions ...................................................................................................................................... 34

Subpart C Administrative and Miscellaneous Provisions .................................................................................. 39

Subpart D Licenses.............................................................................................................................................45

Subpart E License Proceedings.......................................................................................................................... 48

Subpart F Conduct of Business .......................................................................................................................... 50

Subpart G Importation......................................................................................................................................... 56

Subpart H Records ............................................................................................................................................. 62

Subpart I Exemptions, Seizures, and Forfeitures ...............................................................................................69

Subpart J [Reserved] ..........................................................................................................................................72

Subpart K Exportation .........................................................................................................................................72

B. National Firearms Act

1. 26 U.S.C. Chapter 53 .......................................................................................................................................... 73

Subchapter A Taxes ............................................................................................................................................ 73

Subchapter B General Provisions and Exemptions ............................................................................................ 74

Subchapter C Prohibited Acts ............................................................................................................................. 76

Subchapter D Penalties and Forfeitures ............................................................................................................. 77


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2. 27 CFR Part 479 ................................................................................................................................................. 78

Subpart A Scope of Regulations ......................................................................................................................... 79

Subpart B Denitions ..........................................................................................................................................79

Subpart C Administrative and Miscellaneous Provisions .................................................................................... 81

Subpart D Special (Occupational) Taxes ............................................................................................................ 82

Subpart E Tax on Making Firearms ..................................................................................................................... 86

Subpart F Transfer Tax ....................................................................................................................................... 87

Subpart G Registration and Identication of Firearms ........................................................................................ 89

Subpart H Importation and Exportation............................................................................................................... 91

Subpart I Records and Returns .......................................................................................................................... 93

Subpart J Stolen or Lost Firearms or Documents ............................................................................................... 93

Subpart K Examination of Books and Records ................................................................................................... 93

Subpart L Distribution and Sale of Stamps ......................................................................................................... 94

Subpart M Redemption of or Allowance for Stamps or Refunds ....................................................................... 94

Subpart N Penalties and Forfeitures ................................................................................................................... 94

Subpart O Other Laws Applicable ....................................................................................................................... 94

C. Arms Export Control Act1. 22 U.S.C. Chapter 2778 ......................................................................................................................................95

2778 Control of arms exports and imports ..........................................................................................................95

2. 27 CFR Part 447 ................................................................................................................................................. 98

Subpart A Scope ................................................................................................................................................ 98

Subpart B Denitions .........................................................................................................................................99

Subpart C The U.S. Munitions Import List .........................................................................................................99

Subpart D Registration .................................................................................................................................... 102

Subpart E Permits ............................................................................................................................................ 103

Subpart F Miscellaneous Provisions ................................................................................................................ 104

Subpart G Penalties, Seizures and Forfeitures................................................................................................ 106

D. 28 CFR Part 25 (National Instant Criminal Background Check System Regulations)

1. 28 Code of Federal Regulations Part 25 ............................................................................................................. 108

Subpart A The National Instant Criminal Background Check System .............................................................. 108

E. Postal Service

1. 18 U.S.C. Section 1715 ........................................................................................................................................115

Firearms As Nonmailable; Regulations ..............................................................................................................115

IV. Additional Information

A. Ruling, Procedures, and Industry Circulars ..............................................................................................................116

B. General Information ................................................................................................................................................. 181

C. Question and Answers ............................................................................................................................................. 191

D. Key Information

1. ATF Points of Contact ....................................................................................................................................... 218

2. ATF Criminal Enforcement Filed Divisions ........................................................................................................ 219

3 ATF Industry Operations Field Ofces .............................................................................................................. 220

4. Non-ATF Points of Contact ................................................................................................................................223

5. State Attorneys General ....................................................................................................................................224


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EDITORS NOTE

The cross references, bracketed notes, and Editors notes seen in the laws and regulations are for guidance and assistance

only and do not appear in the ofcial United States Code and Code of Federal Regulations.


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THEGUNCONTROLACTOF1968

TITLE 18, UNITED STATE CODE, CHAPTER 44

TITLEI: STATEFIREARMS

CONTROLASSISTANCE

PURPOSE

Sec. 101. The Congress hereby de-clares that the purpose of this title is toprovide support to Federal, State, and lo-cal law enforcement ofcials in their ghtagainst crime and violence, and it is notthe purpose of this title to place any un-due or unnecessary Federal restrictionsor burdens on lawabiding citizens withrespect to the acquisition, possession, oruse of rearms appropriate to the purposeof hunting, trapshooting, target shooting,personal protection, or any other lawfulactivity, and that this title is not intended todiscourage or eliminate the private owner-ship or use of rearms by lawabiding citi-zens for lawful purposes, or provide for theimposition by Federal regulations of anyprocedures or requirements other thanthose reasonably necessary to implementand effectuate the provisions of this title.

Chapter 44Firearms

921 Denitions.

922 Unlawful acts.

923 Licensing.

924 Penalties.

925 Exceptions: Relief fromdisabilities.

925A Remedy for erroneous deni-al of rearms.

926 Rules and regulations.

926A Interstate transportation ofrearms.

926B Carrying of concealedrearms by qualied lawenforcement ofcers.

926C Carrying of concealed re-arms by qualied retired lawenforcement ofcers.

927 Effect on State law.

928 Separability.

929 Use of restricted ammunition.

930 Possession of rearmsand dangerous weapons inFederal facilities.

931 Prohibition on purchase,ownership, or possession ofbody armor by violent felons.

921 Denitions.

(a)As used in this chapter

(1) The term person and theterm whoeverinclude any individ-ual, corporation, company, associa-tion, rm, partnership, society, or jointstock company.

(2) The term interstate or for-eign commerce includes com-merce between any place in a Stateand any place outside of that State, orwithin any possession of the United

States (not including the Canal Zone)or the District of Columbia, but suchterm does not include commerce be-tween places within the same Statebut through any place outside of thatState. The term Stateincludes theDistrict of Columbia, the Common-wealth of Puerto Rico, and the pos-sessions of the United States (notincluding the Canal Zone).

(3)The term rearmmeans (A)any weapon (including a starter gun)which will or is designed to or mayreadily be converted to expel a pro-

jectile by the action of an explosive;(B) the frame or receiver of any suchweapon; (C) any rearm mufer orrearm silencer; or (D) any destruc-tive device. Such term does not in-clude an antique rearm.

(4)The term destructive devicemeans

(A)any explosive, incendiary, or

poison gas

(i)bomb,

(ii)grenade,

(iii)rocket having a propellantcharge of more than four ounces,

(iv)missile having an explo-sive or incendiary charge ofmore than onequarter ounce,

(v)mine, or

(vi) device similar to any ofthe devices described in the pre-ceding clauses;

(B)any type of weapon (other than ashotgun or a shotgun shell which the At-torney General nds is generally recog-nized as particularly suitable for sport-ing purposes) by whatever name knownwhich will, or which may be readily con-verted to, expel a projectile by the actionof an explosive or other propellant, andwhich has any barrel with a bore of morethan onehalf inch in diameter; and

(C) any combination of parts eitherdesigned or intended for use in con-verting any device into any destructivedevice described in subparagraph (A) or(B) and from which a destructive devicemay be readily assembled.

The term destructive device shallnot include any device which is neither

designed nor redesigned for use as a

weapon; any device, although originallydesigned for use as a weapon, which is

redesigned for use as a signaling, pyro-

technic, line throwing, safety, or similardevice; surplus ordnance sold, loaned,or given by the Secretary of the Army

pursuant to the provisions of section

4684(2), 4685, or 4686 of title 10; or anyother device which the Attorney General

nds is not likely to be used as a weap-on, is an antique, or is a rie which theowner intends to use solely for sporting,

recreational or cultural purposes.


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(5) The term shotgun meansa weapon designed or redesigned,made or remade, and intended to bered from the shoulder and designedor redesigned and made or remadeto use the energy of an explosive tore through a smooth bore either anumber of ball shot or a single projec-tile for each single pull of the trigger.

(6)The term shortbarreled shot-gunmeans a shotgun having one ormore barrels less than eighteen inchesin length and any weapon made from ashotgun (whether by alteration, modi-cation or otherwise) if such a weaponas modied has an overall length ofless than twentysix inches.

(7)The term riemeans a weap-on designed or redesigned, made orremade, and intended to be red fromthe shoulder and designed or rede-signed and made or remade to use

the energy of an explosive to re onlya single projectile through a ried borefor each single pull of the trigger.

(8) The term shortbarreled ri-e means a rie having one or morebarrels less than sixteen inches inlength and any weapon made from arie (whether by alteration, modica-tion, or otherwise) if such weapon, asmodied, has an overall length of lessthan twentysix inches.

(9) The term importer meansany person engaged in the businessof importing or bringing rearms orammunition into the United States forpurposes of sale or distribution; andthe term licensed importermeansany such person licensed under theprovisions of this chapter.

(10) The term manufacturermeans any person engaged in thebusiness of manufacturing rearmsor ammunition for purposes of sale ordistribution; and the term licensedmanufacturermeans any such per-son licensed under the provisions ofthis chapter.

(11)The term dealermeans (A)any person engaged in the business ofselling rearms at wholesale or retail,(B) any person engaged in the busi-ness of repairing rearms or of mak-ing or tting special barrels, stocks, ortrigger mechanisms to rearms, or (C)any person who is a pawnbroker. Theterm licensed dealer means anydealer who is licensed under the pro-visions of this chapter.

(12) The term pawnbrokermeans any person whose businessor occupation includes the taking orreceiving, by way of pledge or pawn,of any rearm as security for the pay-ment or repayment of money.

(13)The term collectormeansany person who acquires, holds, or

disposes of rearms as curios or rel-ics, as the Attorney General shall byregulation dene, and the term li-censed collectormeans any suchperson licensed under the provisionsof this chapter.

(14) The term indictment in-cludes an indictment or information inany court under which a crime pun-ishable by imprisonment for a termexceeding one year may be prose-cuted.

(15)The term fugitive from jus-

ticemeans any person who has edfrom any State to avoid prosecutionfor a crime or to avoid giving testimo-ny in any criminal proceeding.

(16) The term antique rearmmeans

(A) any rearm (including anyrearm with a matchlock, intlock,percussion cap, or similar type ofignition system) manufactured inor before 1898; or

(B) any replica of any rearmdescribed in subparagraph (A) ifsuch replica

(i) is not designed or rede-signed for using rimre or con-ventional centerre xed ammu-nition, or

(ii) uses rimre or conven-tional centerre xed ammuni-tion which is no longer manufac-tured in the United States andwhich is not readily available inthe ordinary channels of com-mercial trade; or

(C) any muzzle loading rie,muzzle loading shotgun, or muzzleloading pistol, which is designed touse black powder, or a black pow-der substitute, and which cannotuse xed ammunition. For purpos-es of this subparagraph, the termantique rearm shall not in-clude any weapon which incorpo-rates a rearm frame or receiver,any rearm which is converted into

a muzzle loading weapon, or anymuzzle loading weapon which canbe readily converted to re xedammunition by replacing the bar-rel, bolt, breechblock, or any com-bination thereof.

(17)(A) The term ammunitionmeans ammunition or cartridge cas-

es, primers, bullets, or propellent pow-der designed for use in any rearm.

(B) The term armor piercingammunitionmeans

(i) a projectile or projectilecore which may be used in ahandgun and which is con-structed entirely (excluding thepresence of traces of other sub-stances) from one or a combi-nation of tungsten alloys, steel,iron, brass, bronze, berylliumcopper, or depleted uranium; or

(ii) a full jacketed projectilelarger than .22 caliber designedand intended for use in a hand-gun and whose jacket has aweight of more than 25 percent ofthe total weight of the projectile.

(C) The term armor piercingammunition does not includeshotgun shot required by Federalor State environmental or gameregulations for hunting purposes,a frangible projectile designedfor target shooting, a projectilewhich the Attorney General ndsis primarily intended to be usedfor sporting purposes, or any otherprojectile or projectile core whichthe Attorney General nds is in-tended to be used for industrialpurposes, including a charge usedin an oil and gas well perforatingdevice.

(18)The term Attorney Generalmeans the Attorney General of theUnited States1

(19) The term published ordi-nancemeans a published law of any

political subdivision of a State whichthe Attorney General determines tobe relevant to the enforcement of thischapter and which is contained on alist compiled by the Attorney Gener-al, which list shall be published in theFederal Register, revised annually,and furnished to each licensee underthis chapter.

(20) The term crime punishable


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by imprisonment for a term exceed-ing one yeardoes not include

(A)any Federal or State offens-es pertaining to antitrust violations,unfair trade practices, restraints oftrade, or other similar offenses re-lating to the regulation of businesspractices, or

(B) any State offense classiedby the laws of the State as a mis-demeanor and punishable by aterm of imprisonment of two yearsor less.

What constitutes a conviction of such

a crime shall be determined in accor-

dance with the law of the jurisdiction inwhich the proceedings were held. Any

conviction which has been expunged,

or set aside or for which a person has

been pardoned or has had civil rights

restored shall not be considered a con-viction for purposes of this chapter, un-

less such pardon, expungement, or res-

toration of civil rights expressly provides

that the person may not ship, transport,

possess, or receive rearms.

(21) The term engaged in thebusinessmeans

(A)as applied to a manufacturerof rearms, a person who devotestime, attention, and labor to man-ufacturing rearms as a regularcourse of trade or business with the

principal objective of livelihood andprot through the sale or distribu-tion of the rearms manufactured;

(B)as applied to a manufactur-er of ammunition, a person whodevotes time, attention, and laborto manufacturing ammunition as aregular course of trade or businesswith the principal objective of live-lihood and prot through the saleor distribution of the ammunitionmanufactured;

(C)as applied to a dealer in re-

arms, as dened in section 921(a)(11)(A), a person who devotestime, attention, and labor to deal-ing in rearms as a regular courseof trade or business with the princi-pal objective of livelihood and prof-it through the repetitive purchaseand resale of rearms, but suchterm shall not include a personwho makes occasional sales, ex-changes, or purchases of rearmsfor the enhancement of a personal

collection or for a hobby, or whosells all or part of his personal col-lection of rearms;

(D)as applied to a dealer in re-arms, as dened in section 921(a)(11)(B), a person who devotes time,attention, and labor to engaging insuch activity as a regular course of

trade or business with the principalobjective of livelihood and prot, butsuch term shall not include a per-son who makes occasional repairsof rearms, or who occasionally tsspecial barrels, stocks, or triggermechanisms to rearms;

(E)as applied to an importer ofrearms, a person who devotestime, attention, and labor to import-ing rearms as a regular course oftrade or business with the principalobjective of livelihood and protthrough the sale or distribution of

the rearms imported; and

(F) as applied to an importerof ammunition, a person who de-votes time, attention, and labor toimporting ammunition as a regularcourse of trade or business withthe principal objective of livelihoodand prot through the sale or distri-bution of the ammunition imported.

(22)The term with the principalobjective of livelihood and prof-itmeans that the intent underlyingthe sale or disposition of rearmsis predominantly one of obtaininglivelihood and pecuniary gain, asopposed to other intents, such asimproving or liquidating a personalrearms collection: Provided, Thatproof of prot shall not be requiredas to a person who engages in theregular and repetitive purchase anddisposition of rearms for criminalpurposes or terrorism. For purposesof this paragraph, the term terror-ismmeans activity, directed againstUnited States persons, which

(A)is committed by an individualwho is not a national or permanent

resident alien of the United States;

(B)involves violent acts or actsdangerous to human life whichwould be a criminal violation ifcommitted within the jurisdiction ofthe United States; and

(C)is intended

(i) to intimidate or coerce a

civilian population;

(ii) to inuence the policy ofa government by intimidation orcoercion; or

(iii)to affect the conduct of agovernment by assassination orkidnapping.

(23) The term machinegunhasthe meaning given such term in sec-tion 5845(b) of the National Firearms

Act (26 U.S.C. 5845(b)).

(24)The terms rearm silencerand rearm mufermean any de-vice for silencing, mufing, or dimin-ishing the report of a portable rearm,including any combination of parts,designed or redesigned, and intend-ed for use in assembling or fabricat-ing a rearm silencer or rearm muf-er, and any part intended only for

use in such assembly or fabrication.

(25) The term school zonemeans

(A) in, or on the grounds of, apublic, parochial or private school;or

(B) within a distance of 1,000feet from the grounds of a public,parochial or private school.

(26)The term schoolmeans aschool which provides elementary orsecondary education, as determinedunder State law.

(27) The term motor vehiclehas the meaning given such termin section 13102 of title 49, UnitedStates Code.

(28)The term semiautomatic ri-e means any repeating rie whichutilizes a portion of the energy of aring cartridge to extract the redcartridge case and chamber the nextround, and which requires a separatepull of the trigger to re each cartridge.

(29) The term handgunmeans

(A)a rearm which has a shortstock and is designed to be heldand red by the use of a singlehand; and

(B)any combination of parts fromwhich a rearm described in sub-paragraph (A) can be assembled.


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[(30), (31)Repealed. Pub. L. 103322, title XI, 110105(2), Sept. 13,1994, 108 Stat. 2000.]

(32) The term intimate partnermeans, with respect to a person, thespouse of the person, a former spouseof the person, an individual who is aparent of a child of the person, and an

individual who cohabitates or has co-habited with the person.

(33)(A) Except as provided insubparagraph (C), the term mis-demeanor crime of domestic vio-lencemeans an offense that

(i) is a misdemeanor underFederal, State, or Tribal law; and

(ii) has, as an element, theuse or attempted use of physicalforce, or the threatened use ofa deadly weapon, committed by

a current or former spouse, par-ent, or guardian of the victim, bya person with whom the victimshares a child in common, by aperson who is cohabiting with orhas cohabited with the victim asa spouse, parent, or guardian,or by a person similarly situatedto a spouse, parent, or guardianof the victim.

(B)(i)A person shall not be con-sidered to have been convicted ofsuch an offense for purposes ofthis chapter, unless

(I) the person was repre-sented by counsel in the case,or knowingly and intelligentlywaived the right to counsel inthe case; and

(II) in the case of a prosecu-tion for an offense described inthis paragraph for which a per-son was entitled to a jury trial inthe jurisdiction in which the casewas tried, either

(aa)the case was tried bya jury, or

(bb) the person knowinglyand intelligently waived theright to have the case tried bya jury, by guilty plea or other-wise.

(ii)A person shall not be con-sidered to have been convictedof such an offense for purpos-es of this chapter if the convic-

tion has been expunged or setaside, or is an offense for whichthe person has been pardonedor has had civil rights restored (ifthe law of the applicable jurisdic-tion provides for the loss of civilrights under such an offense)unless the pardon, expunge-ment, or restoration of civil rights

expressly provides that the per-son may not ship, transport,possess, or receive rearms.

Editors Note:

Subparagraph (C) referenced in 921(a)(33)(A) never was enacted. We presumethe reference should have been to sub-paragraph (B).

(34)The term secure gun stor-age or safety devicemeans

(A)a device that, when installed

on a rearm, is designed to pre-vent the rearm from being oper-ated without rst deactivating thedevice;

(B) a device incorporated intothe design of the rearm that is de-signed to prevent the operation ofthe rearm by anyone not havingaccess to the device; or

(C)a safe, gun safe, gun case,lock box, or other device that isdesigned to be or can be used tostore a rearm and that is designed

to be unlocked only by means of akey, a combination, or other similarmeans.

(35) The term body armormeans any product sold or offeredfor sale, in interstate or foreign com-merce, as personal protective bodycovering intended to protect againstgunre, regardless of whether theproduct is to be worn alone or is soldas a complement to another productor garment.

(b)For the purposes of this chapter, a

member of the Armed Forces on activeduty is a resident of the State in whichhis permanent duty station is located.

922 Unlawful acts.

(a)It shall be unlawful

(1)for any person

(A)except a licensed importer,

licensed manufacturer, or licenseddealer, to engage in the businessof importing, manufacturing, ordealing in rearms, or in the courseof such business to ship, transport,or receive any rearm in interstateor foreign commerce; or

(B)except a licensed importer or

licensed manufacturer, to engage inthe business of importing or man-ufacturing ammunition, or in thecourse of such business, to ship,transport, or receive any ammunitionin interstate or foreign commerce;

(2) for any importer, manufacturer,dealer, or collector licensed under theprovisions of this chapter to ship ortransport in interstate or foreign com-merce any rearm to any person oth-er than a licensed importer, licensedmanufacturer, licensed dealer, or li-censed collector, except that

(A) this paragraph and subsec-tion (b)(3) shall not be held to pre-clude a licensed importer, licensedmanufacturer, licensed dealer, orlicensed collector from returning arearm or replacement rearm ofthe same kind and type to a per-son from whom it was received;and this paragraph shall not beheld to preclude an individual frommailing a rearm owned in compli-ance with Federal, State, and locallaw to a licensed importer, licensedmanufacturer, licensed dealer, orlicensed collector;

(B) this paragraph shall not beheld to preclude a licensed importer,licensed manufacturer, or licenseddealer from depositing a rearm forconveyance in the mails to any of-cer, employee, agent, or watchmanwho, pursuant to the provisions ofsection 1715 of this title, is eligibleto receive through the mails pistols,revolvers, and other rearms capa-ble of being concealed on the per-son, for use in connection with hisofcial duty; and

(C) nothing in this paragraphshall be construed as applying inany manner in the District of Co-lumbia, the Commonwealth ofPuerto Rico, or any possessionof the United States differentlythan it would apply if the Districtof Columbia, the Commonwealthof Puerto Rico, or the possessionwere in fact a State of the UnitedStates;


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(5) any rearm or armorpiercingammunition to any person unless thelicensee notes in his records, requiredto be kept pursuant to section 923 ofthis chapter, the name, age, and placeof residence of such person if the per-son is an individual, or the identity andprincipal and local places of businessof such person if the person is a cor-

poration or other business entity.

Paragraphs (1), (2), (3), and (4) ofthis subsection shall not apply to trans-actions between licensed importers, li-censed manufacturers, licensed dealers,and licensed collectors. Paragraph (4) ofthis subsection shall not apply to a saleor delivery to any research organizationdesignated by the Attorney General.

(c)In any case not otherwise prohib-ited by this chapter, a licensed importer,licensed manufacturer, or licensed deal-er may sell a rearm to a person who

does not appear in person at the licens-ees business premises (other than an-other licensed importer, manufacturer,or dealer) only if

(1) the transferee submits to thetransferor a sworn statement in thefollowing form:

Subject to penalties provided bylaw, I swear that, in the case of anyrearm other than a shotgun or a ri-e, I am twenty-one years or moreof age, or that, in the case of a shot-gun or a rie, I am eighteen years or

more of age; that I am not prohibitedby the provisions of chapter 44 oftitle 18, United States Code, from re-ceiving a rearm in interstate or for-eign commerce; and that my receiptof this rearm will not be in violationof any statute of the State and pub-lished ordinance applicable to thelocality in which I reside. Further,the true title, name, and address ofthe principal law enforcement of-cer of the locality to which the re-arm will be delivered are

Signature .

Date .

and containing blank spaces for the at-

tachment of a true copy of any permit

or other information required pursuantto such statute or published ordinance;

(2)the transferor has, prior to theshipment or delivery of the rearm,forwarded by registered or certied

mail (return receipt requested) a copyof the sworn statement, together witha description of the rearm, in a formprescribed by the Attorney General,to the chief law enforcement ofcer ofthe transferees place of residence,and has received a return receipt ev-idencing delivery of the statement orhas had the statement returned due

to the refusal of the named address-ee to accept such letter in accor-dance with United States Post OfceDepartment regulations; and

(3) the transferor has delayedshipment or delivery for a period of atleast seven days following receipt ofthe notication of the acceptance orrefusal of delivery of the statement.

A copy of the sworn statement and a

copy of the notication to the local lawenforcement ofcer, together with evi-dence of receipt or rejection of that noti-

cation shall be retained by the licenseeas a part of the records required to bekept under section 923(g).

(d) It shall be unlawful for any per-son to sell or otherwise dispose of anyrearm or ammunition to any personknowing or having reasonable cause tobelieve that such person

(1) is under indictment for, or hasbeen convicted in any court of, acrime punishable by imprisonment fora term exceeding one year;

(2)is a fugitive from justice;

(3)is an unlawful user of or addict-ed to any controlled substance (as de-ned in section 102 of the ControlledSubstances Act (21 U.S.C. 802));

(4) has been adjudicated as amental defective or has been com-mitted to any mental institution;

(5)who, being an alien

(A)is illegally or unlawfully in theUnited States; or

(B) except as provided in sub-section (y)(2), has been admittedto the United States under a non-immigrant visa (as that term is de-ned in section 101(a)(26) of theImmigration and Nationality Act (8U.S.C. 1101(a)(26)));

(6)who has been discharged fromthe Armed Forces under dishonorable

conditions;

(7)who, having been a citizen ofthe United States, has renounced hiscitizenship;

(8) is subject to a court order thatrestrains such person from harass-ing, stalking, or threatening an inti-

mate partner of such person or childof such intimate partner or person, orengaging in other conduct that wouldplace an intimate partner in reason-able fear of bodily injury to the partneror child, except that this paragraphshall only apply to a court order that

(A)was issued after a hearing ofwhich such person received actualnotice, and at which such personhad the opportunity to participate;and

(B)(i) includes a nding that

such person represents a credi-ble threat to the physical safety ofsuch intimate partner or child; or

(ii)by its terms explicitly pro-hibits the use, attempted use, orthreatened use of physical forceagainst such intimate partner orchild that would reasonably beexpected to cause bodily injury;or

(9)has been convicted in any courtof a misdemeanor crime of domesticviolence.

This subsection shall not apply with

respect to the sale or disposition of a

rearm or ammunition to a licensed im-porter, licensed manufacturer, licensed

dealer, or licensed collector who pur-

suant to subsection (b) of section 925

of this chapter is not precluded from

dealing in rearms or ammunition, or toa 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 personknowingly to deliver or cause to be de-livered to any common or contract carri-er for transportation or shipment in inter-state or foreign commerce, to personsother than licensed importers, licensedmanufacturers, licensed dealers, or li-censed collectors, any package or othercontainer in which there is any rearmor ammunition without written notice tothe carrier that such rearm or ammu-nition is being transported or shipped;except that any passenger who owns


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(o) (1) Except as provided in paragraph(2), it shall be unlawful for any person totransfer or possess a machinegun.

(2)This subsection does not applywith respect to

(A) a transfer to or by, or pos-session by or under the authority

of, the United States or any depart-ment or agency thereof or a State,or a department, agency, or politi-cal subdivision thereof; or

(B)any lawful transfer or lawfulpossession of a machinegun thatwas lawfully possessed before thedate this subsection takes effect.

(p) (1)It shall be unlawful for any per-son to manufacture, import, sell, ship,deliver, possess, transfer, or receiveany rearm

(A) that, after removal of grips,stocks, and magazines, is not asdetectable as the Security Exem-plar, by walkthrough metal detec-tors calibrated and operated to de-tect the Security Exemplar; or

(B) any major component ofwhich, when subjected to inspec-tion by the types of xray ma-chines commonly used at airports,does not generate an image thataccurately depicts the shape of thecomponent. Barium sulfate or oth-er compounds may be used in thefabrication of the component.

(2) For purposes of this subsec-tion

(A)the term rearmdoes notinclude the frame or receiver ofany such weapon;

(B) the term major compo-nent means, with respect to arearm, the barrel, the slide or cyl-inder, or the frame or receiver ofthe rearm; and

(C) the term Security Ex-

emplar means an object, to befabricated at the direction of the

Attorney General, that is

(i)constructed of, during the12month period beginning onthe date of the enactment of thissubsection, 3.7 ounces of mate-rial type 174 PH stainless steelin a shape resembling a hand-gun; and

(ii) suitable for testing andcalibrating metal detectors:

Provided, however,That at the close ofsuch 12month period, and at appropri-

ate times thereafter the Attorney Gener-

al shall promulgate regulations to per-

mit the manufacture, importation, sale,

shipment, delivery, possession, transfer,or receipt of rearms previously prohib-ited under this subparagraph that are as

detectable as a Security Exemplarwhich contains 3.7 ounces of material

type 174 PH stainless steel, in a shape

resembling a handgun, or such less-

er amount as is detectable in view of

advances in stateoftheart develop-

ments in weapons detection technology.

(3) Under such rules and regula-tions as the Attorney General shallprescribe, this subsection shall notapply to the manufacture, posses-

sion, transfer, receipt, shipment, ordelivery of a rearm by a licensedmanufacturer or any person actingpursuant to a contract with a licensedmanufacturer, for the purpose of ex-amining and testing such rearm todetermine whether paragraph (1)applies to such rearm. The AttorneyGeneral shall ensure that rules andregulations adopted pursuant to thisparagraph do not impair the manu-facture of prototype rearms or thedevelopment of new technology.

(4)The Attorney General shall per-

mit the conditional importation of a re-arm by a licensed importer or licensedmanufacturer, for examination andtesting to determine whether or notthe unconditional importation of suchrearm would violate this subsection.

(5) This subsection shall not applyto any rearm which

(A) has been certied by theSecretary of Defense or the Di-rector of Central Intelligence, afterconsultation with the Attorney Gen-eral and the Administrator of the

Federal Aviation Administration,as necessary for military or intelli-gence applications; and

(B) is manufactured for and soldexclusively to military or intelligenceagencies of the United States.

(6)This subsection shall not applywith respect to any rearm manufac-tured in, imported into, or possessed

in the United States before the dateof the enactment of the UndetectableFirearms Act of 1988.

(q) (1) The Congress nds and de-clares that

(A)crime, particularly crime in-volving drugs and guns, is a perva-

sive, nationwide problem;

(B)crime at the local level is exac-erbated by the interstate movementof drugs, guns, and criminal gangs;

(C) rearms and ammunitionmove easily in interstate com-merce and have been found inincreasing numbers in and aroundschools, as documented in numer-ous hearings in both the Commit-tee on the Judiciary3the House ofRepresentatives and the Commit-tee on the Judiciary of the Senate;

(D) in fact, even before the saleof a rearm, the gun, its compo-nent parts, ammunition, and theraw materials from which they aremade have considerably moved ininterstate commerce;

(E)while criminals freely movefrom State to State, ordinary cit-izens and foreign visitors mayfear to travel to or through certainparts of the country due to concernabout violent crime and gun vio-lence, and parents may decline to

send their children to school for thesame reason;

(F) the occurrence of violentcrime in school zones has resultedin a decline in the quality of educa-tion in our country;

(G) this decline in the quality ofeducation has an adverse impact oninterstate commerce and the foreigncommerce of the United States;

(H)States, localities, and schoolsystems nd it almost impossibleto handle gunrelated crime by

themselveseven States, locali-ties, and school systems that havemade strong efforts to prevent, de-tect, and punish gunrelated crimend their efforts unavailing due inpart to the failure or inability of oth-er States or localities to take strongmeasures; and

(I) the Congress has the pow-er, under the interstate commerce


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clause and other provisions of theConstitution, to enact measures toensure the integrity and safety ofthe Nations schools by enactmentof this subsection.

(2)(A) It shall be unlawful for anyindividual knowingly to possess arearm that has moved in or that oth-

erwise affects interstate or foreigncommerce at a place that the individ-ual knows, or has reasonable causeto believe, is a school zone.

(B) Subparagraph (A) does notapply to the possession of a re-arm

(i)on private property not partof school grounds;

(ii) if the individual possess-ing the rearm is licensed todo so by the State in which the

school zone is located or a polit-ical subdivision of the State, andthe law of the State or politicalsubdivision requires that, be-fore an individual obtains sucha license, the law enforcementauthorities of the State or polit-ical subdivision verify that theindividual is qualied under lawto receive the license;

(iii)that is

(I)not loaded; and

(II)in a locked container, ora locked rearms rack that ison a motor vehicle;

(iv)by an individual for use ina program approved by a schoolin the school zone;

(v)by an individual in accor-dance with a contract enteredinto between a school in theschool zone and the individualor an employer of the individual;

(vi)by a law enforcement of-cer acting in his or her ofcial

capacity; or

(vii) that is unloaded andis possessed by an individualwhile traversing school prem-ises for the purpose of gainingaccess to public or private landsopen to hunting, if the entry onschool premises is authorizedby school authorities.

(3)(A)Except as provided in sub-paragraph (B), it shall be unlawfulfor any person, knowingly or withreckless disregard for the safety ofanother, to discharge or attempt todischarge a rearm that has movedin or that otherwise affects interstateor foreign commerce at a place thatthe person knows is a school zone.

(B)Subparagraph (A) does notapply to the discharge of a re-arm

(i)on private property not partof school grounds;

(ii) as part of a program ap-proved by a school in the schoolzone, by an individual who isparticipating in the program;

(iii) by an individual in ac-cordance with a contract en-

tered into between a school ina school zone and the individualor an employer of the individual;or

(iv)by a law enforcement of-cer acting in his or her ofcialcapacity.

(4)Nothing in this subsection shallbe construed as preempting or pre-venting a State or local governmentfrom enacting a statute establishinggun free school zones as provided inthis subsection.

(r) It shall be unlawful for any per-son to assemble from imported partsany semiautomatic rie or any shotgunwhich is identical to any rie or shot-gun prohibited from importation undersection 925(d)(3) of this chapter as notbeing particularly suitable for or readilyadaptable to sporting purposes exceptthat this subsection shall not apply to

(1) the assembly of any such rieor shotgun for sale or distribution bya licensed manufacturer to the UnitedStates or any department or agencythereof or to any State or any depart-

ment, agency, or political subdivisionthereof; or

(2) the assembly of any such rieor shotgun for the purposes of testingor experimentation authorized by the

Attorney General.

(s) (1)Beginning on the date that is90 days after the date of enactment ofthis subsection and ending on the day

before the date that is 60 months af-ter such date of enactment, it shall beunlawful for any licensed importer, li-censed manufacturer, or licensed deal-er to sell, deliver, or transfer a handgun(other than the return of a handgun tothe person from whom it was received)to an individual who is not licensed un-der section 923, unless

(A)after the most recent proposalof such transfer by the transferee

(i)the transferor has

(I)received from the trans-feree a statement of thetransferee containing the in-formation described in para-graph (3);

(II) veried the identity ofthe transferee by examiningthe identication document

presented;

(III) within 1 day after thetransferee furnishes the state-ment, provided notice of thecontents of the statement tothe chief law enforcement of-cer of the place of residenceof the transferee; and

(IV) within 1 day afterthe transferee furnishes thestatement, transmitted a copyof the statement to the chieflaw enforcement ofcer ofthe place of residence of thetransferee; and

(ii)(I)5 business days (mean-ing days on which State ofcesare open) have elapsed from thedate the transferor furnished no-tice of the contents of the state-ment to the chief law enforce-ment ofcer, during which periodthe transferor has not receivedinformation from the chief lawenforcement ofcer that receiptor possession of the handgun bythe transferee would be in vio-lation of Federal, State, or local

law; or

(II) the transferor has re-ceived notice from the chieflaw enforcement ofcer thatthe ofcer has no informationindicating that receipt or pos-session of the handgun by thetransferee would violate Fed-eral, State, or local law;


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(B) the transferee has pre-sented to the transferor a writtenstatement, issued by the chief lawenforcement ofcer of the place ofresidence of the transferee duringthe 10day period ending on thedate of the most recent proposalof such transfer by the transferee,stating that the transferee requires

access to a handgun because of athreat to the life of the transferee orof any member of the household ofthe transferee;

(C)(i) the transferee has pre-sented to the transferor a permitthat

(I)allows the transferee topossess or acquire a hand-gun; and

(II) was issued not morethan 5 years earlier by the

State in which the transfer isto take place; and

(ii) the law of the State pro-vides that such a permit is to beissued only after an authorizedgovernment ofcial has veriedthat the information available tosuch ofcial does not indicatethat possession of a handgun bythe transferee would be in viola-tion of the law;

(D) the law of the State requiresthat, before any licensed importer,licensed manufacturer, or licenseddealer completes the transfer of ahandgun to an individual who is notlicensed under section 923, an au-thorized government ofcial verifythat the information available to suchofcial does not indicate that pos-session of a handgun by the trans-feree would be in violation of law;

(E)the Attorney General has ap-proved the transfer under section5812 of the Internal Revenue Codeof 1986; or

(F) on application of the trans-

feror, the Attorney General hascertied that compliance with sub-paragraph (A)(i)(III) is impractica-ble because

(i) the ratio of the number oflaw enforcement ofcers of theState in which the transfer is tooccur to the number of squaremiles of land area of the Statedoes not exceed 0.0025;

(ii) the business premises ofthe transferor at which the trans-fer is to occur are extremely re-mote in relation to the chief lawenforcement ofcer; and

(iii)there is an absence of tele-communications facilities in thegeographical area in which the

business premises are located.

(2)A chief law enforcement ofcerto whom a transferor has providednotice pursuant to paragraph (1)(A)(i)(III) shall make a reasonable effortto ascertain within 5 business dayswhether receipt or possession wouldbe in violation of the law, includingresearch in whatever State and localrecordkeeping systems are availableand in a national system designatedby the Attorney General.

(3) The statement referred to in

paragraph (1)(A)(i)(I) shall containonly

(A)the name, address, and dateof birth appearing on a valid iden-tication document (as dened insection 1028(d)(1)4) of the transfer-ee containing a photograph of thetransferee and a description of theidentication used;

(B) a statement that the trans-feree

(i)is not under indictment for,

and has not been convicted inany court of, a crime punish-able by imprisonment for a termexceeding 1 year, and has notbeen convicted in any court of amisdemeanor crime of domesticviolence;

(ii)is not a fugitive from justice;

(iii) is not an unlawful userof or addicted to any controlledsubstance (as dened in section102 of the Controlled Substanc-es Act);

(iv)has not been adjudicatedas a mental defective or beencommitted to a mental institution;

(v)is not an alien who

(I) is illegally or unlawfullyin the United States; or

(II) subject to subsection(y)(2), has been admitted to

the United States under anonimmigrant visa (as thatterm is dened in section101(a)(26) of the Immigrationand Nationality Act (8 U.S.C.1101(a)(26)));

(vi)has not been dischargedfrom the Armed Forces under

dishonorable conditions; and

(vii)is not a person who, hav-ing been a citizen of the UnitedStates, has renounced such cit-izenship;

(C) the date the statement ismade; and

(D)notice that the transferee in-tends to obtain a handgun from thetransferor.

(4) Any transferor of a handgun

who, after such transfer, receives areport from a chief law enforcementofcer containing information thatreceipt or possession of the hand-gun by the transferee violates Fed-eral, State, or local law shall, within1 business day after receipt of suchrequest, communicate any informa-tion related to the transfer that thetransferor has about the transfer andthe transferee to

(A) the chief law enforcementofcer of the place of business ofthe transferor; and

(B) the chief law enforcementofcer of the place of residence ofthe transferee.

(5) Any transferor who receivesinformation, not otherwise availableto the public, in a report under thissubsection shall not disclose such in-formation except to the transferee, tolaw enforcement authorities, or pur-suant to the direction of a court of law.

(6)(A)Any transferor who sells, de-livers, or otherwise transfers a hand-gun to a transferee shall retain the

copy of the statement of the transfer-ee with respect to the handgun trans-action, and shall retain evidence thatthe transferor has complied with sub-clauses (III) and (IV) of paragraph (1)(A)(i) with respect to the statement.

(B)Unless the chief law enforce-ment ofcer to whom a statementis transmitted under paragraph (1)(A)(i)(IV) determines that a trans-


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action would violate Federal, State,or local law

(i) the ofcer shall, within 20business days after the date thetransferee made the statementon the basis of which the noticewas provided, destroy the state-ment, any record containing in-

formation derived from the state-ment, and any record created asa result of the notice required byparagraph (1)(A)(i)(III);

(ii)the information containedin the statement shall not beconveyed to any person excepta person who has a need toknow in order to carry out thissubsection; and

(iii)the information containedin the statement shall not beused for any purpose other than

to carry out this subsection.

(C) If a chief law enforcement of-cer determines that an individualis ineligible to receive a handgunand the individual requests the of-cer to provide the reason for suchdetermination, the ofcer shall pro-vide such reasons to the individualin writing within 20 business daysafter receipt of the request.

(7)A chief law enforcement ofceror other person responsible for pro-viding criminal history background in-formation pursuant to this subsectionshall not be liable in an action at lawfor damages

(A) for failure to prevent the saleor transfer of a handgun to a per-son whose receipt or possessionof the handgun is unlawful underthis section; or

(B)for preventing such a sale ortransfer to a person who may law-fully receive or possess a handgun.

(8) For purposes of this subsection,the term chief law enforcement of-

cermeans the chief of police, thesheriff, or an equivalent ofcer or thedesignee of any such individual.

(9)The Attorney General shall takenecessary actions to ensure that theprovisions of this subsection are pub-lished and disseminated to licenseddealers, law enforcement ofcials,and the public.

(t) (1)Beginning on the date that is 30days after the Attorney General notieslicensees under section 103(d) of theBrady Handgun Violence Prevention Actthat the national instant criminal back-ground check system is established, alicensed importer, licensed manufactur-er, or licensed dealer shall not transfera rearm to any other person who is not

licensed under this chapter, unless

(A) before the completion ofthe transfer, the licensee contactsthe national instant criminal back-ground check system establishedunder section 103 of that Act;

(B)(i) the system provides thelicensee with a unique identicationnumber; or

(ii) 3 business days (mean-ing a day on which State ofcesare open) have elapsed since the

licensee contacted the system,and the system has not notied thelicensee that the receipt of a re-arm by such other person wouldviolate subsection (g) or (n) of thissection; and

(C) the transferor has veried theidentity of the transferee by examin-ing a valid identication document (asdened in section 1028(d) of this title)of the transferee containing a photo-graph of the transferee.

(2)If receipt of a rearm would notviolate subsection (g) or (n) or Statelaw, the system shall

(A) assign a unique identica-tion number to the transfer;

(B)provide the licensee with thenumber; and

(C)destroy all records of the sys-tem with respect to the call (otherthan the identifying number and thedate the number was assigned) andall records of the system relating tothe person or the transfer.

(3)Paragraph (1) shall not apply toa rearm transfer between a licenseeand another person if

(A)(i) such other person haspresented to the licensee a permitthat

(I) allows such other per-son to possess or acquire arearm; and

(II) was issued not morethan 5 years earlier by theState in which the transfer isto take place; and

(ii) the law of the State pro-vides that such a permit is to beissued only after an authorizedgovernment ofcial has veried

that the information available tosuch ofcial does not indicatethat possession of a rearm bysuch other person would be inviolation of law;

(B)the Attorney General has ap-proved the transfer under section5812 of the Internal Revenue Codeof 1986; or

(C) on application of the trans-feror, the Attorney General hascertied that compliance withparagraph (1)(A) is impracticable

because

(i) the ratio of the number oflaw enforcement ofcers of theState in which the transfer is tooccur to the number of squaremiles of land area of the Statedoes not exceed 0.0025;

(ii) the business premises ofthe licensee at which the trans-fer is to occur are extremely re-mote in relation to the chief lawenforcement ofcer (as denedin subsection (s)(8)); and

(iii)there is an absence of tele-communications facilities in thegeographical area in which thebusiness premises are located.

(4) If the national instant criminalbackground check system noties thelicensee that the information availableto the system does not demonstratethat the receipt of a rearm by suchother person would violate subsection(g) or (n) or State law, and the licens-ee transfers a rearm to such otherperson, the licensee shall include inthe record of the transfer the unique

identication number provided by thesystem with respect to the transfer.

(5) If the licensee knowingly trans-fers a rearm to such other personand knowingly fails to comply withparagraph (1) of this subsection withrespect to the transfer and, at thetime such other person most recentlyproposed the transfer, the national in-stant criminal background check sys-


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section 101(a)(26) of the Immigra-tion 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 notapply to any alien who has been lawful-ly admitted to the United States undera nonimmigrant visa, if that alien is

(A) admitted to the UnitedStates for lawful hunting or sport-ing purposes or is in possession ofa hunting license or permit lawfullyissued in the United States;

(B)an ofcial representative of aforeign government who is

(i) accredited to the Unit-ed States Government or theGovernments mission to an in-ternational organization havingits headquarters in the United

States; or

(ii)en route to or from anoth-er country to which that alien isaccredited;

(C) an ofcial of a foreign gov-ernment or a distinguished foreignvisitor who has been so designat-ed by the Department of State; or

(D) a foreign law enforcementofcer of a friendly foreign govern-ment entering the United States onofcial law enforcement business.

(3)Waiver.

(A) Conditions for waiver.Anyindividual who has been admit-ted to the United States under anonimmigrant visa may receive awaiver from the requirements ofsubsection (g)(5),if

(i) the individual submits tothe Attorney General a petitionthat meets the requirements ofsubparagraph (C); and

(ii) the Attorney General ap-

proves the petition.

(B)Petition. Each petition undersubparagraph (B) shall

(i) demonstrate that the peti-tioner has resided in the UnitedStates for a continuous period ofnot less than 180 days before thedate on which the petition is sub-mitted under this paragraph; and

(ii) include a written statementfrom the embassy or consulateof the petitioner, authorizing thepetitioner to acquire a rearm orammunition and certifying that thealien would not, absent the ap-plication of subsection (g)(5)(B),otherwise be prohibited from suchacquisition under subsection (g).

(C)Approval of petition. The At-torney General shall approve a pe-tition submitted in accordance withthis paragraph, if the Attorney Gen-eral determines that waiving therequirements of subsection (g)(5)(B) with respect to the petitioner

(i) would be in the interests ofjustice; and

(ii) would not jeopardize thepublic safety.

(z) Secure Gun Storage or SafetyDevice.

(1) In general. Except as provid-ed under paragraph (2), it shall beunlawful for any licensed importer,licensed manufacturer, or licenseddealer to sell, deliver, or transfer anyhandgun to any person other thanany person licensed under this chap-ter, unless the transferee is providedwith a secure gun storage or safetydevice (as dened in section 921(a)(34)) for that handgun.

(2)Exceptions. Paragraph (1) shallnot apply to

(A)(i) the manufacture for, trans-fer to, or possession by, the UnitedStates, a department or agency ofthe United States, a State, or a de-partment, agency, or political sub-division of a State, of a handgun;or

(ii) the transfer to, or pos-session by, a law enforcementofcer employed by an entity re-ferred to in clause (i) of a hand-gun for law enforcement purpos-

es (whether on or off duty); or

(B)the transfer to, or possessionby, a rail police ofcer employed bya rail carrier and certied or com-missioned as a police ofcer underthe laws of a State of a handgunfor purposes of law enforcement(whether on or off duty);

(C)the transfer to any person of

a handgun listed as a curio or relicby the Secretary pursuant to sec-tion 921(a)(13); or

(D)the transfer to any person ofa handgun for which a secure gunstorage or safety device is tempo-rarily unavailable for the reasonsdescribed in the exceptions stated

in section 923(e), if the licensedmanufacturer, licensed importer,or licensed dealer delivers to thetransferee within 10 calendar daysfrom the date of the delivery of thehandgun to the transferee a securegun storage or safety device forthe handgun.

(3)Liability for use.

(A) In general. Notwithstandingany other provision of law, a per-son who has lawful possessionand control of a handgun, and who

uses a secure gun storage or safe-ty device with the handgun, shallbe entitled to immunity from a qual-ied civil liability action.

(B)Prospective actions. A qual-ied civil liability action may not bebrought in any Federal or Statecourt.

(C) Dened term. As used in thisparagraph, the term qualiedcivil liability action

(i)means a civil action broughtby any person against a persondescribed in subparagraph (A)for damages resulting from thecriminal or unlawful misuse ofthe handgun by a third party, if

(I) the handgun was ac-cessed by another personwho did not have the permis-sion or authorization of theperson having lawful posses-sion and control of the hand-gun to have access to it; and

(II)at the time access wasgained by the person not so

authorized, the handgun hadbeen made inoperable by useof a secure gun storage orsafety device; and

(ii)shall not include an actionbrought against the person hav-ing lawful possession and controlof the handgun for negligent en-trustment or negligence per se.


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923 Licensing.

(a) No person shall engage in thebusiness of importing, manufacturing,or dealing in rearms, or importing ormanufacturing ammunition, until he hasled an application with and received alicense to do so from the Attorney Gen-eral. The application shall be in such

form and contain only that informationnecessary to determine eligibility for li-censing as the Attorney General shallby regulation prescribe and shall in-clude a photograph and ngerprints ofthe applicant. Each applicant shall paya fee for obtaining such a license, a sep-arate fee being required for each placein which the applicant is to do business,as follows:

(1) If the applicant is a manufac-turer

(A) of destructive devices, am-

munition for destructive devices orarmor piercing ammunition, a feeof $1,000 per year;

(B) of rearms other than de-structive devices, a fee of $50 peryear; or

(C) of ammunition for rearms,other than ammunition for destruc-tive devices or armor piercing am-munition, a fee of $10 per year.

(2)If the applicant is an importer

(A) of destructive devices, am-munition for destructive devices orarmor piercing ammunition, a feeof $1,000 per year; or

(B) of rearms other than de-structive devices or ammunitionfor rearms other than destructivedevices, or ammunition other thanarmor piercing ammunition, a feeof $50 per year.

(3)If the applicant is a dealer

(A)in destructive devices or am-munition for destructive devices, a

fee of $1,000 per year; or

(B) who is not a dealer in de-structive devices, a fee of $200for 3 years, except that the fee forrenewal of a valid license shall be$90 for 3 years.

(b)Any person desiring to be licensedas a collector shall le an application forsuch license with the Attorney General.

The application shall be in such formand contain only that information nec-essary to determine eligibility as the At-torney General shall by regulation pre-scribe. The fee for such license shall be$10 per year. Any license granted underthis subsection shall only apply to trans-actions in curios and relics.

(c) Upon the ling of a proper appli-cation and payment of the prescribedfee, the Attorney General shall issue toa qualied applicant the appropriate li-cense which, subject to the provisions ofthis chapter and other applicable provi-sions of law, shall entitle the licensee totransport, ship, and receive rearms andammunition covered by such license ininterstate or foreign commerce duringthe period stated in the license. Nothingin this chapter shall be construed to pro-hibit a licensed manufacturer, importer,or dealer from maintaining and dispos-ing of a personal collection of rearms,

subject only to such restrictions as applyin this chapter to dispositions by a per-son other than a licensed manufactur-er, importer, or dealer. If any rearm isso disposed of by a licensee within oneyear after its transfer from his businessinventory into such licensees personalcollection or if such disposition or anyother acquisition is made for the pur-pose of willfully evading the restrictionsplaced upon licensees by this chapter,then such rearm shall be deemed partof such licensees business inventory,except that any licensed manufacturer,importer, or dealer who has maintaineda rearm as part of a personal collectionfor one year and who sells or otherwisedisposes of such rearm shall recordthe description of the rearm in a boundvolume, containing the name and placeof residence and date of birth of thetransferee if the transferee is an individ-ual, or the identity and principal and lo-cal places of business of the transfereeif the transferee is a corporation or otherbusiness entity: Provided,That no oth-er recordkeeping shall be required.

(d) (1)Any application submitted un-der subsection (a) or (b) of this sectionshall be approved if

(A)the applicant is twentyoneyears of age or over;

(B) the applicant (including, inthe case of a corporation, partner-ship, or association, any individualpossessing, directly or indirectly,the power to direct or cause thedirection of the management andpolicies of the corporation, partner-

ship, or association) is not prohib-ited from transporting, shipping, orreceiving rearms or ammunitionin interstate or foreign commerceunder section 922(g) and (n) of thischapter;

(C)the applicant has not willful-ly violated any of the provisions of

this chapter or regulations issuedthereunder;

(D) the applicant has not willful-ly failed to disclose any materialinformation required, or has notmade any false statement as toany material fact, in connectionwith his application;

(E) the applicant has in a State(i) premises from which he con-ducts business subject to licenseunder this chapter or from which heintends to conduct such business

within a reasonable period of time,or (ii) in the case of a collector,premises from which he conductshis collecting subject to license un-der this chapter or from which heintends to conduct such collectingwithin a reasonable period of time;

(F)the applicant certies that

(i) the business to be con-ducted under the license is notprohibited by State or local lawin the place where the licensedpremise is located;

(ii)(I) within 30 days afterthe application is approved thebusiness will comply with therequirements of State and locallaw applicable to the conduct ofthe business; and

(II)the business will not beconducted under the licenseuntil the requirements of Stateand local law applicable to thebusiness have been met; and

(iii) that the applicant hassent or delivered a form to be

prescribed by the Attorney Gen-eral, to the chief law enforce-ment ofcer of the locality inwhich the premises are located,which indicates that the appli-cant intends to apply for a Fed-eral rearms license; and

(G) in the case of an applica-tion to be licensed as a dealer,the applicant certies that secure


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gun storage or safety devices willbe available at any place in whichrearms are sold under the licenseto persons who are not licensees(subject to the exception that inany case in which a secure gunstorage or safety device is tempo-rarily unavailable because of theft,casualty loss, consumer sales,

backorders from a manufacturer,or any other similar reason beyondthe control of the licensee, thedealer shall not be considered tobe in violation of the requirementunder this subparagraph to makeavailable such a device).

(2) The Attorney General mustapprove or deny an application for alicense within the 60day period be-ginning on the date it is received. Ifthe Attorney General fails to act with-in such period, the applicant may lean action under section 1361 of title

28 to compel the Attorney General toact. If the Attorney General approvesan applicants application, such appli-cant shall be issued a license uponthe payment of the prescribed fee.

(e) The Attorney General may, af-ter notice and opportunity for hearing,revoke any license issued under thissection if the holder of such licensehas willfully violated any provision ofthis chapter or any rule or regulationprescribed by the Attorney General un-der this chapter or fails to have securegun storage or safety devices availableat any place in which rearms are soldunder the license to persons who arenot licensees (except that in any casein which a secure gun storage or safetydevice is temporarily unavailable be-cause of theft, casualty loss, consumersales, backorders from a manufacturer,or any other similar reason beyond thecontrol of the licensee, the dealer shallnot be considered to be in violation ofthe requirement to make available sucha device). The Attorney General may,after notice and opportunity for hearing,revoke the license of a dealer who will-fully transfers armor piercing ammuni-tion. The Secretarys1action under this

subsection may be reviewed only asprovided in subsection (f) of this section.

(f) (1) Any person whose applica-tion for a license is denied and anyholder of a license which is revokedshall receive a written notice from theAttorney General stating specical lythe grounds upon which the applica-tion was denied or upon which the li-cense was revoked. Any notice of a re-

vocation of a license shall be given tothe holder of such license before theeffective date of the revocation.

(2) If the Attorney General de-nies an application for, or revokes,a license, he shall, upon request bythe aggrieved party, promptly hold ahearing to review his denial or revo-

cation. In the case of a revocation ofa license, the Attorney General shallupon the request of the holder of thelicense stay the effective date of therevocation. A hearing held under thisparagraph shall be held at a locationconvenient to the aggrieved party.

(3) If after a hearing held underparagraph (2) the Attorney Generaldecides not to reverse his decisionto deny an application or revoke alicense, the Attorney General shallgive notice of his decision to the ag-grieved party. The aggrieved party

may at any time within sixty days afterthe date notice was given under thisparagraph le a petition with the Unit-ed States district court for the districtin which he resides or has his princi-pal place of business for a de novojudicial review of such denial or re-vocation. In a proceeding conductedunder this subsection, the court mayconsider any evidence submitted bythe parties to the proceeding whetheror not such evidence was consideredat the hearing held under paragraph(2). If the court decides that the At-torney General was not authorized todeny the application or to revoke thelicense, the court shall order the At-torney General to take such action asmay be necessary to comply with thejudgment of the court.

(4) If criminal proceedings are in-stituted against a licensee allegingany violation of this chapter or ofrules or regulations prescribed un-der this chapter, and the licensee isacquitted of such charges, or suchproceedings are terminated, otherthan upon motion of the Governmentbefore trial upon such charges, the

Attorney General shall be absolutely

barred from denying or revoking anylicense granted under this chapterwhere such denial or revocation isbased in whole or in part on the factswhich form the basis of such criminalcharges. No proceedings for the re-vocation of a license shall be institut-ed by the Attorney General more thanone year after the ling of the indict-ment or information.

(g)(1) (A) Each licensed importer,licensed manufacturer, and licenseddealer shall maintain such records ofimportation, production, shipment, re-ceipt, sale, or other disposition of re-arms at his place of business for suchperiod, and in such form, as the Attor-ney General may by regulations pre-scribe. Such importers, manufactur-

ers, and dealers shall not be requiredto submit to the Attorney General re-ports and information with respect tosuch records and the contents thereof,except as expressly required by thissection. The Attorney General, whenhe has reasonable cause to believe aviolation of this chapter has occurredand that evidence thereof may befound on such premises, may, upondemonstrating such cause before aFederal magistrate judge and securingfrom such magistrate judge a warrantauthorizing entry, enter during busi-ness hours the premises (including

places of storage) of any licensed re-arms importer, licensed manufacturer,licensed dealer, licensed collector, orany licensed importer or manufactur-er of ammunition, for the purpose ofinspecting or examining

(i)any records or documentsrequired to be kept by such li-censed importer, licensed man-ufacturer, licensed dealer, orlicensed collector under thischapter or rules or regulationsunder this chapter, and

(ii)any rearms or ammunitionkept or stored by such licensedimporter, licensed manufacturer,licensed dealer, or licensed col-lector, at such premises.

(B) The Attorney General mayinspect or examine the inventoryand records of a licensed importer,licensed manufacturer, or licenseddealer without such reasonablecause or warrant

(i)in the course of a reason-able inquiry during the course ofa criminal investigation of a per-

son or persons other than thelicensee;

(ii) for ensuring compliancewith the record keeping require-ments of this chapter

(I) not more than onceduring any 12month period;or


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(II)at any time with respectto records relating to a rearminvolved in a criminal investi-gation that is traced to thelicensee; or

(iii)when such inspection orexamination may be required fordetermining the disposition of

one or more particular rearmsin the course of a bona de crim-inal investigation.

(C) The Attorney General mayinspect the inventory and recordsof a licensed collector without suchreasonable cause or warrant

(i) for ensuring compliancewith the record keeping require-ments of this chapter not morethan once during any twelvemonth period; or

(ii) when such inspection orexamination may be required fordetermining the disposition ofone or more particular rearmsin the course of a bona de crim-inal investigation.

(D)At the election of a licensedcollector, the annual inspectionof records and inventory permit-ted under this paragraph shallbe performed at the ofce of the

Attorney General designated forsuch inspections which is locatedin closest proximity to the prem-ises where the inventory and re-cords of such licensed collectorare maintained. The inspectionand examination authorized bythis paragraph shall not be con-strued as authorizing the AttorneyGeneral to seize any records orother documents other than thoserecords or documents constitutingmaterial evidence of a violation oflaw. If the Attorney General seizessuch records or documents, cop-ies shall be provided the licenseewithin a reasonable time. The At-torney General may make avail-able to any Federal, State, or local

law enforcement agency any in-formation which he may obtain byreason of this chapter with respectto the identication of persons pro-hibited from purchasing or receiv-ing rearms or ammunition whohave purchased or received re-arms or ammunition, together witha description of such rearms orammunition, and he may provideinformation to the extent such in-

formation may be contained in therecords required to be maintainedby this chapter, when so request-ed by any Federal, State, or locallaw enforcement agency.

(2) Each licensed collector shallmaintain in a bound volume the na-ture of which the Attorney General

may by regulations prescribe, re-cords of the receipt, sale, or otherdisposition of rearms. Such recordsshall include the name and addressof any person to whom the collec-tor sells or otherwise disposes of arearm. Such collector shall not berequired to submit to the AttorneyGeneral reports and information withrespect to such records and the con-tents thereof, except as expresslyrequired by this section.

(3)(A)Each licensee shall preparea report of multiple sales or other dis-

positions whenever the licensee sellsor otherwise disposes of, at one timeor during any ve consecutive busi-ness days, two or more pistols, or re-volvers, or any combination of pistolsand revolvers totalling two or more,to an unlicensed person. The reportshall be prepared on a form speciedby the Attorney General and forward-ed to the ofce specied thereon andto the department of State police orState law enforcement agency of theState or local law enforcement agen-cy of the local jurisdiction in which thesale or other disposition took place,not later than the close of businesson the day that the multiple sale orother disposition occurs.

(B)Except in the case of formsand contents thereof regardinga purchaser who is prohibited bysubsection (g) or (n) of section 922of this title from receipt of a rearm,the department of State police orState law enforcement agency orlocal law enforcement agency ofthe local jurisdiction shall not dis-close any such form or the contentsthereof to any person or entity, andshall destroy each such form and

any record of the contents there-of no more than 20 days from thedate such form is received. No lat-er than the date that is 6 monthsafter the effective date of thissubparagraph, and at the end ofeach 6month period thereafter,the department of State police orState law enforcement agency orlocal law enforcement agency ofthe local jurisdiction shall certify to

the Attorney General of the UnitedStates that no disclosure contraryto this subparagraph has beenmade and that all forms and anyrecord of the contents thereof havebeen destroyed as provided in thissubparagraph.

(4) Where a rearms or ammuni-

tion business is discontinued andsucceeded by a new licensee, therecords required to be kept by thischapter shall appropriately reectsuch facts and shall be delivered tothe successor. Where discontinuanceof the business is absolute, such re-cords shall be delivered within thirtydays after the business discontinu-ance to the Attorney General. Howev-er, where State law or local ordinancerequires the delivery of records toother responsible authority, the At-torney General may arrange for thedelivery of such records to such other

responsible authority.

(5)(A) Each licensee shall, whenrequired by letter issued by the At-torney General, and until notied tothe contrary in writing by the AttorneyGeneral, submit on a form speciedby the Attorney General, for periodsand at the times specied in such let-ter, all record information required tobe kept by this chapter or such less-er record information as the AttorneyGeneral in such letter may specify.

(B) The Attorney General mayauthorize such record informationto be submitted in a manner otherthan that prescribed in subpara-graph (A) of this paragraph whenit is shown by a licensee that analternate method of reporting isreasonably necessary and willnot unduly hinder the effectiveadministration of this chapter. Alicensee may use an alternatemethod of reporting if the licens-ee describes the proposed alter-nate method of reporting and theneed therefor in a letter appli-cation submitted to the AttorneyGeneral, and the Attorney Gener-

al approves such alternate meth-od of reporting.

(6)Each licensee shall report thetheft or loss of a rearm from thelicensees inventory or collection,within 48 hours after the theft or lossis discovered, to the Attorney Gen-eral and to the appropriate local au-thorities.


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(7) Each licens

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