The Gun Control Act of 1968
Transcript of The Gun Control Act of 1968
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The Gun Control Act of 1968, Public Law 90-618
An Act to amend title 18, United States Code, to providefor better control of the interstate traffic in firearms.
Be it enacted by the Senate and House of Representativesof the United States of America in Conress assembled,that this Act may be cited as the !"un Control Act of1#$8!.
Title I -- State
Firear! Control
A!!i!tance
%urpose
Sec" 101"&he Conress hereby declares that the purposeof this title is to provide support to 'ederal, State,and local la( enforcement officials in their fihtaainst crime and violence, and it is not the purpose ofthis title to place any undue or unnecessary 'ederalrestrictions or burdens on la()abidin citi*ens (ith
respect to the ac+uisition, possession, or use offirearms appropriate to the purpose of huntin,trapshootin, taret shootin, personal protection, orany other la(ful activity, and that this title is notintended to discourae or eliminate the private o(nershipor use of firearms by la()abidin citi*ens for la(fulpurposes, or provide for the imposition by 'ederalreulations of any procedures or re+uirements other thanthose reasonably necessary to implement and effectuatethe provisions of this title.
Cha#ter $$ Firear!
Sec"
#-1. efinitions.
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#--. Unla(ful acts.
#-/. 0icensin.
#-. %enalties.
#-2. 34ceptions5 Relief from disabilities.
#-2A. Remedy for erroneous denial of firearms.
#-$. Rules and reulations.
#-$A. 6nterstate transportation of firearms.
#-7. 3ffect on State la(.
#-8. Separability.
#-#. Use of restricted ammunition.
#/. %ossession of firearms and danerous (eapons in'ederal facilities.
% 9&1" 'efinition!
9a: As used in this chapter ))
91: &he term !#er!on! and the term !whoe(er! include anyindividual, corporation, company, association, firm,partnership, society, or ;oint stoc< company.
9-: &he term !inter!tate or forei)n coerce! includescommerce bet(een any place in a State and any placeoutside of that State, or (ithin any possession of theUnited States 9not includin the Canal =one: or theistrict of Columbia, but such term does not include
commerce bet(een places (ithin the same State but throuhany place outside of that State. &he term !State!includes the istrict of Columbia, the Common(ealth of%uerto Rico, and the possessions of the United States9not includin the Canal =one:.
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9/: &he term !firear! means 9A: any (eapon 9includin astarter un: (hich (ill or is desined to or may readilybe converted to e4pel a pro;ectile by the action of ane4plosive> 9B: the frame or receiver of any such (eapon>9C: any firearm muffler or firearm silencer> or 9: any
destructive device. Such term does not include an anti+uefirearm.
9: &he term !*e!tructi(e *e(ice! means))
9A: any e4plosive, incendiary, or poison as ))
9i: bomb,
9ii: renade,
9iii: roc
9B: any type of (eapon 9other than a shotun or a shotunshell (hich
the Secretary finds is enerally reconi*ed asparticularly suitable
for sportin purposes: by (hatever name
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e4plosive or other propellant, and (hich has any barrel(ith a bore of
more than one)half inch in diameter> and
9C: any combination of parts either desined or intendedfor use in
convertin any device into any destructive devicedescribed in
subpararaph 9A: or 9B: and from (hich a destructivedevice may be
readily assembled.
&he term !*e!tructi(e *e(ice! shall not include anydevice (hich is neither desined nor redesined for useas a (eapon> any device, althouh oriinally desined foruse as a (eapon, (hich is redesined for use as asinalin, pyrotechnic, line thro(in, safety, or similardevice> surplus ordinance sold, loaned, or iven by theSecretary of the Army pursuant to the provisions ofsection $89-:, $82, or $8$ of title 1> or any otherdevice (hich the Secretary of the &reasury finds is not
li
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97: &he term !rifle! means a (eapon desined orredesined, made or remade, and intended to be fired fromthe shoulder and desined or redesined and made orremade to use the enery of the e4plosive in a fi4edmetallic cartride to fire only a sinle pro;ectile
throuh a rifled bore for each sinle pull of thetrier.
98: &he term !!hort-barrele* rifle! means a rifle havinone or more barrels less than si4teen inches in lenthand any (eapon made from a rifle 9(hether by alteration,modification, or other(ise: if such (eapon, as modified,has an overall lenth of less than t(enty)si4 inches.
9#: &he term !i#orter! means any person enaed in the
business of importin or brinin firearms or ammunitioninto the United States for purposes of sale ordistribution> and the term !licensed importer! means anysuch person licensed under the provisions of thischapter.
91: &he term !anufacturer! means any person enaed inthe business of manufacturin firearms or ammunition forpurposes of sale or distribution> and the term !licen!e*anufacturer! means any such person licensed under the
provisions of this chapter.
911: &he term !*ealer! means 9A: any person enaed inthe business of sellin firearms at (holesale or retail,9B: any person enaed in the business of repairinfirearms or of ma
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91/: &he term !collector! means any person (ho ac+uires,holds, or disposes of firearms as curios or relics, asthe Secretary shall by reulation define, and the term!licen!e* collector! means any such person licensed underthe provisions of this chapter.
91: &he term !in*ictent! includes an indictment orinformation in any court under (hich a crime punishableby imprisonment for a term e4ceedin one year may beprosecuted.
912: &he term !fu)iti(e fro u!tice! means any person(ho has fled from any State to avoid prosecution for acrime or to avoid ivin testimony in any criminalproceedin.
91$: &he term !antiue firear! means ))
9A: any firearm 9includin any firearm (ith a matchloc
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917:9A: &he term !aunition! means ammunition orcartride cases, primers, bullets, or propellent po(derdesined for use in any firearm.
9B: &he term !aror #iercin) aunition! means ))
9i: a pro;ectile or pro;ectile core (hich may be used ina handun and
(hich is constructed entirely 9e4cludin the presence oftraces of other
substances: from one or a combination of tunsten alloys,steel, iron,
brass, bron*e, beryllium copper, or depleted uranium> or
9ii: a full ;ac
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'ederal Reister, revised annually, and furnished to eachlicensee under this chapter.
9-: &he term !crie #uni!hable b. i#ri!onent for ater e/cee*in) one .ear! does not include ))
9A: any 'ederal or State offenses pertainin to antitrustviolations, unfair trade practices, restraints of trade,or other similar offenses relatin to the reulation ofbusiness practices, or
9B: any State offense classified by the la(s of the Stateas a misdemeanor and punishable by a term of imprisonmentof t(o years or less.
?hat constitutes a conviction of such a crime shall bedetermined in accordance (ith the la( of the ;urisdictionin (hich the proceedins (ere held. Any conviction (hichhas been e4puned, or set aside or for (hich a person hasbeen pardoned or has had civil rihts restored shall notbe considered a conviction for purposes of this chapter,unless such pardon, e4punement, or restoration of civilrihts e4pressly provides that the person may not ship,transport, possess, or receive firearms.
9-1: &he term !en)a)e* in the bu!ine!!! means ))
9A: as applied to a manufacturer of firearms, a person(ho devotes time,
attention, and labor to manufacturin firearms as areular course of
trade or business (ith the principal ob;ective oflivelihood and profit
throuh the sale or distribution of the firearmsmanufactured>
9B: as applied to a manufacturer of ammunition, a person(ho devotes
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time, attention, and labor to manufacturin ammunition asa reular course
of trade or business (ith the principal ob;ective oflivelihood and profit
throuh the sale or distribution of the ammunitionmanufactured>
9C: as applied to a dealer in firearms, as defined insection
#-19a:911:9A:, a person (ho devotes time, attention, andlabor to dealin
in firearms as a reular course of trade or business (iththe principal
ob;ective of livelihood and profit throuh the repetitivepurchase and
resale of firearms, but such term shall not include aperson (ho ma
9: as applied to a dealer in firearms, as defined insection
#-19a:911:9B:, a person (ho devotes time, attention, and
labor to enain
in such activity as a reular course of trade or business(ith the
principal ob;ective of livelihood and profit, but suchterm shall not
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include a person (ho ma and
9': as applied to an importer of ammunition, a person (hodevotes time,
attention, and labor to importin ammunition as a reularcourse of trade or business (ith the principal ob;ectiveof livelihood and profit throuh
the sale or distribution of the ammunition imported.
9--: &he term !with the #rinci#al obecti(e of li(elihoo*an* #rofit! means that the intent underlyin the sale ordisposition of firearms is predominantly one of obtaininlivelihood and pecuniary ain, as opposed to otherintents, such as improvin or li+uidatin a personalfirearms collection5 Pro(i*e*,&hat proof of profit shallnot be re+uired as to a person (ho enaes in the reularand repetitive purchase and disposition of firearms forcriminal purposes or terrorism. 'or purposes of thispararaph, the term !terrori!! means activity, directedaainst United States persons, (hich ))
9A: is committed by an individual (ho is not a nationalor permanent resident alien of the United States>
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9B: involves violent acts or acts danerous to human life(hich (ould be a criminal violation if committed (ithinthe ;urisdiction of the United States> and
9C: is intended ))
9i: to intimidate or coerce a civilian population>
9ii: to influence the policy of a overnment byintimidation or
coercion> or
9iii: to affect the conduct of a overnment byassassination or
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9-7: &he term !otor (ehicle! has the meanin iven suchterm in section 11- of title #, United States Code.
9-8: &he term !!eiautoatic rifle! means any repeatinrifle (hich utili*es a portion of the enery of a firin
cartride to e4tract the fired cartride case and chamberthe ne4t round, and (hich re+uires a separate pull of thetrier to fire each cartride.
9-#: &he term !han*)un! means ))
9A: a firearm (hich has a short stoc< and is desined tobe held and fired by the use of a sinle hand> and
9B: any combination of parts from (hich a firearm
described in subpararaph 9A: can be assembled.
9/: &he term !!eiautoatic a!!ault wea#on! means ))
9A: any of the firearms, or copies or duplicates of thefirearms in any caliber,
9viii: 6@&RA&3C &3C)#, &3C)C# and &3C)--> and
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9i4: revolvin cylinder shotuns, such as 9or similar to:the Street
S(eeper and Stri
9B: a !eiautoatic riflethat has an ability to accept adetachable
maa*ine and has at least - of ))
9i: a foldin or telescopin stoc
9ii: a pistol rip that protrudes conspicuously beneaththe action of
the (eapon>
9iii: a bayonet mount>
9iv: a flash suppressor or threaded barrel desined toaccommodate a
flash suppressor> and
9v: a renade launcher>
9C: a !eiautoatic #i!tol that has an ability to accepta detachable
maa*ine and has at least - of ))
9i: an ammunition maa*ine that attaches to the pistoloutside of the
pistol rip>
9ii: a threaded barrel capable of acceptin a barrele4tender, flash
suppressor, for(ard handrip, or silencer>
9iii: a shroud that is attached to, or partially orcompletely
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encircles, the barrel and that permits the shooter tohold the firearm (ith the nontrier hand (ithout beinburned>
9iv: a manufactured (eiht of 2 ounces or more (hen the
pistol is
unloaded> and
9v: a semiautomatic version of an automatic firearm> and
9: a !eiautoatic !hot)un that has at least - of ))
9i: a foldin or telescopin stoc
9ii: a pistol rip that protrudes conspicuously beneaththe action of
the (eapon>
9iii: a fi4ed maa*ine capacity in e4cess of 2 rounds>and
9iv: an ability to accept a detachable maa*ine.
9/1: &he term !lar)e ca#acit. aunition fee*in) *e(ice!))
9A: means a maa*ine, belt, drum, feed strip, or similardevice manufactured after the date of enactment of theDiolent Crime Control and 0a( 3nforcement Act of 1##that has a capacity of, or that can be readily restoredor converted to accept, more than 1 rounds ofammunition> but
9B: does not include an attached tubular device desined
to accept, and capable of operatin only (ith, .--caliber rimfire ammunition.
9/-: &he term !intiate #artner! means, (ith respect to aperson, the spouse of the person, a former spouse of theperson, an individual (ho is a parent of a child of the
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person, and an individual (ho cohabitates or hascohabited (ith the person.
9b: 'or the purposes of this chapter, a member of theArmed 'orces on active duty is a resident of the State in
(hich his permanent duty station is located.
9Added %ub.0. #)/21, &itle 6D, E #-, Fune 1#, 1#$8, 8-Stat. --$, and amended %ub.0. #)$18, &itle 6, E 1-,Gct. --, 1#$8, 8- Stat. 1-1> %ub.0. #/)$/#, E 1-, Fan., 1#72, 88 Stat. --17> %ub.0. ##)/8, E 11, ay 1#,1#8$, 1 Stat. #> %ub.0. ##)/$, E 19b:, Fuly 8, 1#8$,1 Stat. 7$$> %ub.0. ##)8, E 1, Au. -8, 1#8$, 1Stat. #-> %ub.0.11)$7, &itle D66, E 17-9b:9-:, &itle66, E --9a:, @ov. -#, 1##, 1 Stat. 8, 827>
%ub.0. 1/)12#, &itle 6, E 1-9a:9-:, @ov. 11, 1##/, 17Stat. 12/#> %ub.0. 1/)/--, &itle 6, EE 111-9b:,111/9b:, 1119a:, 1121#, &itle 666, E //-191:,Sept. 1/, 1##, 18 Stat. 1##7, 1###, -1, --, -12.:
% 9&&" nlawful act!
9a: 6t shall be unla(ful ))
91: for any person ))
9A: e4cept a licensed importer, licensed manufacturer, orlicensed dealer, to enae in the business of importin,manufacturin, or dealin in firearms, or in the courseof such business to ship, transport, or receive anyfirearm in interstate or forein commerce> or
9B: e4cept a licensed importer or licensed manufacturer,to enae in the business of importin or manufacturinammunition, or in the course of such business, to ship,
transport, or receive any ammunition in interstate orforein commerce>
9-: for any importer, manufacturer, dealer, or collectorlicensed under the provisions of this chapter to ship ortransport in interstate or forein commerce any firearmto any person other than a licensed importer, licensed
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manufacturer, licensed dealer, or licensed collector,e4cept that ))
9A: this pararaph and subsection 9b:9/: shall not beheld to preclude a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector fromreturnin a firearm or replacement firearm of the same andthis pararaph shall not be held to preclude anindividual from mailin a firearm o(ned in compliance(ith 'ederal, State, and local la( to a licensedimporter, licensed manufacturer, licensed dealer, orlicensed collector>
9B: this pararaph shall not be held to preclude a
licensed importer, licensed manufacturer, or licenseddealer from depositin a firearm for conveyance in themails to any officer, employee, aent, or (atchman (ho,pursuant to the provisions of section 1712 of this title,is eliible to receive throuh the mails pistols,revolvers, and other firearms capable of bein concealedon the person, for use in connection (ith his officialduty> and
9C: nothin in this pararaph shall be construed as
applyin in any manner in the istrict of Columbia, theCommon(ealth of %uerto Rico, or any possession of theUnited States differently than it (ould apply if theistrict of Columbia, the Common(ealth of %uerto Rico, orthe possession (ere in fact a State of the United States>
9/: for any person, other than a licensed importer,licensed manufacturer, licensed dealer, or licensedcollector to transport into or receive in the State (herehe resides 9or if the person is a corporation or other
business entity, the State (here it maintains a place ofbusiness: any firearm purchased or other(ise obtained bysuch person outside that State, e4cept that thispararaph 9A: shall not preclude any person (ho la(fullyac+uires a firearm by be+uest or intestate succession ina State other than his State of residence fromtransportin the firearm into or receivin it in that
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State, if it is la(ful for such person to purchase orpossess such firearm in that State, 9B: shall not applyto the transportation or receipt of a firearm obtained inconformity (ith subsection 9b:9/: of this section, and9C: shall not apply to the transportation of any firearm
ac+uired in any State prior to the effective date of thischapter>
9: for any person, other than a licensed importer,licensed manufacturer, licensed dealer, or licensedcollector, to transport in interstate or forein commerceany destructive device, machineun 9as defined in section282 of the 6nternal Revenue Code of 1#2:, short)barreled shotun, or short)barreled rifle, e4cept asspecifically authori*ed by the Secretary consistent (ith
public safety and necessity>
92: for any person 9other than a licensed importer,licensed manufacturer, licensed dealer, or licensedcollector: to transfer, sell, trade, ive, transport, ordeliver any firearm to any person 9other than a licensedimporter, licensed manufacturer, licensed dealer, orlicensed collector: (ho the transferor e4cept that this pararaph shallnot apply to 9A: the transfer, transportation, ordelivery of a firearm made to carry out a be+uest of afirearm to, or an ac+uisition by intestate succession ofa firearm by, a person (ho is permitted to ac+uire orpossess a firearm under the la(s of the State of hisresidence, and 9B: the loan or rental of a firearm to anyperson for temporary use for la(ful sportin
purposes>
9$: for any person in connection (ith the ac+uisition orattempted ac+uisition of any firearm or ammunition from alicensed importer, licensed manufacturer, licenseddealer, or licensed collector,
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furnish or e4hibit any false, fictitious, ormisrepresented identification, intended or li
97: for any person to manufacture or import armorpiercin ammunition, e4cept that this pararaph shall notapply to ))
9A: the manufacture or importation of such ammunition forthe use of the United States or any department or aencythereof or any State or any department, aency, orpolitical subdivision thereof>
9B: the manufacture of such ammunition for the purpose ofe4portation> and
9C: any manufacture or importation for the purposes oftestin or e4perimentation authori*ed by the Secretary>
98: for any manufacturer or importer to sell or deliverarmor piercin ammunition, e4cept that this pararaphshall not apply to ))
9A: the sale or delivery by a manufacturer or importer ofsuch ammunition for use of the United States or anydepartment or aency thereof or any State or anydepartment, aency, or political subdivision thereof>
9B: the sale or delivery by a manufacturer or importer ofsuch ammunition for the purpose of e4portation>
9C: the sale or delivery by a manufacturer or importer of
such ammunition for the purposes of testin ore4perimentin authori*ed by the Secretary> and
9#: for any person, other than a licensed importer,licensed manufacturer, licensed dealer, or licensedcollector, (ho does not reside in any State to receiveany firearms unless such receipt is for la(ful sportinpurposes.
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9b: 6t shall be unla(ful for any licensed importer,licensed manufacturer, licensed dealer, or licensedcollector to sell or deliver ))
91: any firearm or ammunition to any individual (ho the
licensee
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9: to any person any destructive device, machineun 9asdefined in section 282 of the 6nternal Revenue Code of1#2:, short)barreled shotun, or short)barreled rifle,e4cept as specifically authori*ed by the Secretaryconsistent (ith public safety and necessity> and
92: any firearm or armor)piercin ammunition to anyperson unless the licensee notes in his records, re+uiredto be that 6 am not prohibited by the provisionsof chapter of
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title 18, United States Code, from receivin a firearm ininterstate or
forein commerce> and that my receipt of this firearm(ill not be in
violation of any statute of the State and publishedordinance applicable to the locality in (hich 6 reside.'urther, the true title, name, and address of theprincipal la( enforcement officer of the locality to(hich the firearm (ill be deliveredareJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ
JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ
Sinature JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJateJJJJJJJJJJJJJJJJJJ.!
and containin blan< spaces for the attachment of a truecopy of any permit or other information re+uired pursuantto such statute or published ordinance>
9-: the transferor has, prior to the shipment or deliveryof the firearm,
for(arded by reistered or certified mail 9return receiptre+uested: a copy
of the s(orn statement, toether (ith a description ofthe firearm, in a
form prescribed by the Secretary, to the chief la(enforcement officer of
the transfereeIs place of residence, and has received areturn receipt
evidencin delivery of the statement or has had thestatement returned due
to the refusal of the named addressee to accept suchletter in accordance
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(ith United States %ost Gffice epartment reulations>and
9/: the transferor has delayed shipment or delivery for aperiod of at
least seven days follo(in receipt of the notification ofthe acceptance or
refusal of delivery of the statement.
A copy of the s(orn statement and a copy of thenotification to the local la( enforcement officer,toether (ith evidence of receipt or re;ection of thatnotification shall be retained by the licensee as a part
of the records re+uired to be
9/: is an unla(ful user of or addicted to any controlledsubstance 9as defined in section 1- of the ControlledSubstances Act 9-1 U.S.C. 8-::>
9: has been ad;udicated as a mental defective or hasbeen committed to any mental institution>
92: (ho, bein an alien, is illeally or unla(fully inthe United States>
9$: (ho has been dischared from the Armed 'orces underdishonorable conditions>
97: (ho, havin been a citi*en of the United States, hasrenounced his citi*enship> or
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98: is sub;ect to a court order that restrains suchperson from harassin, stal and
9B:9i: includes a findin that such person represents a
credible threat to the physical safety of such intimatepartner or child> or
9ii: by its terms e4plicitly prohibits the use, attempteduse, or
threatened use of physical force aainst such intimatepartner or child
that (ould reasonably be e4pected to cause bodily in;ury.
&his subsection shall not apply (ith respect to the saleor disposition of a firearm or ammunition to a licensedimporter, licensed manufacturer, licensed dealer, orlicensed collector (ho pursuant to subsection 9b: ofsection #-2 of this chapter is not precluded from dealinin firearms or ammunition, or to a person (ho has beenranted relief from disabilities pursuant to subsection9c: of section #-2 of this chapter.
9e: 6t shall be unla(ful for any person
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or ammunition is bein transported or shipped> e4ceptthat any passener (ho o(ns or leally possesses afirearm or ammunition bein transported aboard any commonor contract carrier for movement (ith the passener ininterstate or forein commerce may deliver said firearm
or ammunition into the custody of the pilot, captain,conductor or operator of such common or contract carrierfor the duration of the trip (ithout violatin any of theprovisions of this chapter. @o common or contract carriershall re+uire or cause any label, ta, or other (rittennotice to be placed on the outside of any pac
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92: (ho, bein an alien, is illeally or unla(fully inthe United States>
9$: (ho has been dischared from the Armed 'orces underdishonorable
conditions>
97: (ho, havin been a citi*en of the United States, hasrenounced his
citi*enship> or
98: (ho is sub;ect to a court order that ))
9A: (as issued after a hearin of (hich such personreceived actual
notice, and at (hich such person had an opportunity toparticipate>
9B: restrains such person from harassin, stal and
9C:9i: includes a findin that such person represents acredible threat to the physical safety of such intimatepartner or child> or
9ii: by its terms e4plicitly prohibits the use, attempteduse, or
threatened use of physical force aainst such intimatepartner or child
that (ould reasonably be e4pected to cause bodily in;ury,
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to ship or transport in interstate or forein commerce,or possess in or affectin commerce, any firearm orammunition> or to receive any firearm or
ammunition (hich has been shipped or transported in
interstate or forein
commerce.
9h: 6t shall be unla(ful for any individual, (ho to thatindividualIs
or
9-: to receive any firearm or ammunition (hich has beenshipped or
transported in interstate or forein commerce.
9i: 6t shall be unla(ful for any person to transport orship in interstate
or forein commerce, any stolen firearm or stolenammunition,
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(as stolen,
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record (hich he is re+uired to or
9B: any la(ful transfer or la(ful possession of amachineun that (as
la(fully possessed before the date this subsection ta
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9A: that, after removal of rips, stoc
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transfer, or receipt of firearms previously prohibitedunder this subpararaph that are as detectable as a!Security 34emplar! (hich contains /.7 ounces of materialtype 17) %H stainless steel, in a shape resemblin ahandun, or such lesser amount as is detectable in vie(
of advances in state)of)the)art developments in (eaponsdetection technoloy.
9/: Under such rules and reulations as the Secretaryshall prescribe, this subsection shall not apply to themanufacture, possession, transfer, receipt, shipment, ordelivery of a firearm by a licensed manufacturer or anyperson actin pursuant to a contract (ith a licensedmanufacturer, for the purpose of e4aminin and testinsuch firearm to determine (hether pararaph 91: applies
to such firearm. &he Secretary shall ensure that rulesand reulations adopted pursuant to this pararaph do notimpair the manufacture of prototype firearms or thedevelopment of ne( technoloy.
9: &he Secretary shall permit the conditionalimportation of a firearm by a licensed importer orlicensed manufacturer, for e4amination and testin todetermine (hether or not the unconditional importation ofsuch firearm (ould violate this subsection.
92: &his subsection shall not apply to any firearm (hich))
9A: has been certified by the Secretary of efense or theirector of
Central 6ntellience, after consultation (ith theSecretary and the
Administrator of the 'ederal Aviation Administration, asnecessary for
military or intellience applications> and
9B: is manufactured for and sold e4clusively to militaryor intellience
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aencies of the United States.
9$: &his subsection shall not apply (ith respect to anyfirearm manufactured in, imported into, or possessed inthe United States before the date of the enactment of the
Undetectable 'irearms Act of 1#88.
9+:91: &he Conress finds and declares that ))
9A: crime, particularly crime involvin drus and uns,is a pervasive, nation(ide problem>
9B: crime at the local level is e4acerbated by theinterstate movement of drus, uns, and criminal ans>
9C: firearms and ammunition move easily in interstatecommerce and have been found in increasin numbers in andaround schools, as documented in numerous hearins inboth the Fudiciary Committee of the House ofRepresentatives and Fudiciary Committee of the Senate>
9: in fact, even before the sale of a firearm, the un,its component parts, ammunition, and the ra( materialsfrom (hich they are made have considerably moved ininterstate commerce>
93: (hile criminals freely move from State to State,ordinary citi*ens and forein visitors may fear to travelto or throuh certain parts of the country due to concernabout violent crime and un violence, and parents maydecline to send their children to school for the samereason>
9': the occurrence of violent crime in school *ones hasresulted in a decline in the +uality of education in our
country>
9": this decline in the +uality of education has anadverse impact on interstate commerce and the foreincommerce of the United States>
9H: States, localities, and school systems find it almostimpossible to handle un)related crime by themselves>
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even States, localities, and school systems that havemade stron efforts to prevent, detect, and punish un)related crime find their efforts unavailin due in partto the failure or inability of other States or localitiesto ta and
96: Conress has po(er, under the interstate commerceclause and other provisions of the Constitution, to enactmeasures to ensure the interity and safety of the@ationIs schools by enactment of this subsection.
9-:9A: 6t shall be unla(ful for any individual
9iii: (hich is ))
96: not loaded> and
966: in a loc
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9v: by an individual in accordance (ith a contractentered into
bet(een a school in the school *one and the individual oran employer
of the individual>
9vi: by a la( enforcement officer actin in his or herofficial
capacity> or
9vii: that is unloaded and is possessed by an individual(hile
traversin school premises for the purpose of aininaccess to public
or private lands open to huntin, if the entry on schoolpremises is
authori*ed by school authorities.
9/:9A: 34cept as provided in subpararaph 9B:, it shallbe unla(ful for any person, or
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9iv: by a la( enforcement officer actin in his or herofficial capacity.
9: @othin in this subsection shall be construed aspreemptin or preventin a State or local overnment from
enactin a statute establishin un)free school *ones asprovided in this subsection.
9r: 6t shall be unla(ful for any person to assemble fromimported parts any semiautomatic rifle or any shotun(hich is identical to any rifle or shotun prohibitedfrom importation under section #-29d:9/: of this chapteras not bein particularly suitable for or readilyadaptable to sportin purposes e4cept that thissubsection shall not apply to ))
91: the assembly of any such rifle or shotun for sale ordistribution by a licensed manufacturer to the UnitedStates or any department or aency
thereof or to any State or any department, aency, orpolitical subdivision
thereof> or
9-: the assembly of any such rifle or shotun for thepurposes of testin or e4perimentation authori*ed by theSecretary.
9s:91: Beinnin on the date that is # days after thedate of enactment of this subsection and endin on theday before the date that is $ months after such date ofenactment, it shall be unla(ful for any licensedimporter, licensed manufacturer, or licensed dealer tosell, deliver, or transfer a handun 9other than the
return of a handun to the person from (hom it (asreceived: to an individual (ho is not licensed undersection #-/, unless ))
9A: after the most recent proposal of such transfer bythe transferee ))
9i: the transferor has ))
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96: received from the transferee a statement of thetransferee
containin the information described in pararaph 9/:>
966: verified the identity of the transferee by e4amininthe
identification document presented>
9666: (ithin 1 day after the transferee furnishes thestatement,
provided notice of the contents of the statement to thechief la(
enforcement officer of the place of residence of thetransferee> and
96D: (ithin 1 day after the transferee furnishes thestatement,
transmitted a copy of the statement to the chief la(enforcement officer of the place of residence of thetransferee> and
9ii:96: 2 business days 9meanin days on (hich Stateoffices are open: have elapsed from the date thetransferor furnished notice of the contents of thestatement to the chief la( enforcement officer, durin(hich period the transferor has not received informationfrom the chief la( enforcement officer that receipt orpossession of the handun by the transferee (ould be inviolation of 'ederal, State, or local la(> or
966: the transferor has received notice from the chiefla( enforcement
officer that the officer has no information indicatinthat receipt or
possession of the handun by the transferee (ould violate'ederal, State, or local la(>
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9B: the transferee has presented to the transferor a(ritten statement, issued by the chief la( enforcementofficer of the place of residence of the transfereedurin the 1)day period endin on the date of the mostrecent proposal of such transfer by the transferee,
statin that the transferee re+uires access to a handunbecause of a threat to the life of the transferee or ofany member of the household of the transferee>
9C:9i: the transferee has presented to the transferor apermit that ))
96: allo(s the transferee to possess or ac+uire ahandun> and
966: (as issued not more than 2 years earlier by theState in (hich the transfer is to ta and
9ii: the la( of the State provides that such a permit isto be issued only after an authori*ed overnment officialhas verified that the information available to suchofficial does not indicate that possession of a handunby the transferee (ould be in violation of the la(>
9: the la( of the State re+uires that, before any
licensed importer, licensed manufacturer, or licenseddealer completes the transfer of a handun to anindividual (ho is not licensed under section #-/, anauthori*ed overnment official verify that theinformation available to such official does not indicatethat possession of a handun by the transferee (ould bein violation of la(>
93: the Secretary has approved the transfer under section281- of the 6nternal Revenue Code of 1#8$> or
9': on application of the transferor, the Secretary hascertified that compliance (ith subpararaph 9A:9i:9666:is impracticable because ))
9i: the ratio of the number of la( enforcement officersof the State in (hich the transfer is to occur to the
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number of s+uare miles of land area of the State does note4ceed .-2>
9ii: the business premises of the transferor at (hich thetransfer is to occur are e4tremely remote in relation to
the chief la( enforcement officer> and
9iii: there is an absence of telecommunicationsfacilities in the
eoraphical area in (hich the business premises arelocated.
9-: A chief la( enforcement officer to (hom a transferorhas provided notice pursuant to pararaph 91:9A:9i:9666:
shall ma
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9iv: has not been ad;udicated as a mental defective orbeen committed to a mental institution>
9v: is not an alien (ho is illeally or unla(fully in theUnited States>
9vi: has not been dischared from the Armed 'orces underdishonorable
conditions> and
9vii: is not a person (ho, havin been a citi*en of theUnited States,
has renounced such citi*enship>
9C: the date the statement is made> and
9: notice that the transferee intends to obtain ahandun from the
transferor.
9: Any transferor of a handun (ho, after such transfer,receives a report from a chief la( enforcement officercontainin information that receipt or possession of thehandun by the transferee violates 'ederal, State, orlocal la( shall, (ithin 1 business day after receipt ofsuch re+uest, communicate any information related to thetransfer that the transferor has about the transfer andthe transferee to))
9A: the chief la( enforcement officer of the place ofbusiness of the
transferor> and
9B: the chief la( enforcement officer of the place ofresidence of the
transferee.
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92: Any transferor (ho receives information, notother(ise available to the public, in a report under thissubsection shall not disclose such information e4cept tothe transferee, to la( enforcement authorities, orpursuant to the direction of a court of la(.
9$:9A: Any transferor (ho sells, delivers, or other(isetransfers a handun to a transferee shall retain the copyof the statement of the transferee (ith respect to thehandun transaction, and shall retain evidence that thetransferor has complied (ith subclauses 9666: and 96D: ofpararaph 91:9A:9i: (ith respect to the statement.
9B: Unless the chief la( enforcement officer to (hom astatement is transmitted under pararaph 91:9A:9i:96D:
determines that a transaction (ould violate 'ederal,State, or local la( ))
9i: the officer shall, (ithin - business days after thedate the
transferee made the statement on the basis of (hich thenotice (as
provided, destroy the statement, any record containin
information derived
from the statement, and any record created as a result ofthe notice
re+uired by pararaph 91:9A:9i:9666:>
9ii: the information contained in the statement shall notbe conveyed to
any person e4cept a person (ho has a need to and
9iii: the information contained in the statement shallnot be used for
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any purpose other than to carry out this subsection.
9C: 6f a chief la( enforcement officer determines that anindividual is ineliible to receive a handun and theindividual re+uests the officer to provide the reason for
such determination, the officer shall provide suchreasons to the individual in (ritin (ithin - businessdays after receipt of the re+uest.
97: A chief la( enforcement officer or other personresponsible for providin criminal history bac
or
9B: for preventin such a sale or transfer to a person(ho may la(fully
receive or possess a handun.
98: 'or purposes of this subsection, the term !chief la(enforcement
officer! means the chief of police, the sheriff, or ane+uivalent officer or
the desinee of any such individual.
9#: &he Secretary shall ta
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9t:91: Beinnin on the date that is / days after theAttorney "eneral notifies licensees under section 1/9d:of the Brady Handun Diolence %revention Act that thenational instant criminal bac or
9ii: / business days 9meanin a day on (hich Stateoffices are open: have elapsed since the licenseecontacted the system, and the system has not
notified the licensee that the receipt of a firearm by
such other person
(ould violate subsection 9: or 9n: of this section> and
9C: the transferor has verified the identity of thetransferee by e4aminin a valid identification document9as defined in section 1-89d:91: of this title: of thetransferee containin a photoraph of the transferee.
9-: 6f receipt of a firearm (ould not violate section#--9: or 9n: or State la(, the system shall ))
9A: assin a uni+ue identification number to thetransfer>
9B: provide the licensee (ith the number> and
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eoraphical area in (hich the business premises arelocated.
9: 6f the national instant criminal bac
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receive or possess a firearm.
9u: 6t shall be unla(ful for a person to steal orunla(fully ta
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&he fact that a firearm is not listed in Appendi4 A shallnot be construed to mean that pararaph 91: applies tosuch firearm. @o firearm e4empted by this subsection maybe deleted from Appendi4 A so lon as this subsection isin effect.
9: %araraph 91: shall not apply to ))
9A: the manufacture for, transfer to, or possession bythe United States or a department or aency of the UnitedStates or a State or a department, aency, or politicalsubdivision of a State, or a transfer to or possession bya la( enforcement officer employed by such an entity forpurposes of la( enforcement 9(hether on or off duty:>
9B: the transfer to a licensee under title 6 of theAtomic 3nery Act of
1#2 for purposes of establishin and maintainin an on)site physical
protection system and security orani*ation re+uired by'ederal la(, or
possession by an employee or contractor of such licensee
on)site for such
purposes or off)site for purposes of licensee)authori*edtrainin or
transportation of nuclear materials>
9C: the possession, by an individual (ho is retired fromservice (ith a la( enforcement aency and is notother(ise prohibited from receivin a firearm, of asemiautomatic assault (eapon transferred to theindividual by the aency upon such retirement> or
9: the manufacture, transfer, or possession of asemiautomatic assault
(eapon by a licensed manufacturer or licensed importerfor the purposes of
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testin or e4perimentation authori*ed by the Secretary.
9(:91: 34cept as provided in pararaph 9-:, it shall beunla(ful for a person to transfer or possess a larecapacity ammunition feedin device.
9-: %araraph 91: shall not apply to the possession ortransfer of any lare capacity ammunition feedin deviceother(ise la(fully possessed on or before the date of theenactment of this subsection.
9/: &his subsection shall not apply to ))
9A: the manufacture for, transfer to, or possession bythe United States or a department or aency of the United
States or a State or a department,
aency, or political subdivision of a State, or atransfer to or possession by a la( enforcement officeremployed by such an entity for purposes of la(enforcement 9(hether on or off duty:>
9B: the transfer to a licensee under title 6 of theAtomic 3nery Act of
1#2 for purposes of establishin and maintainin an on)site physical
protection system and security orani*ation re+uired by'ederal la(, or
possession by an employee or contractor of such licenseeon)site for such
purposes or off)site for purposes of licensee)authori*edtrainin or
transportation of nuclear materials>
9C: the possession, by an individual (ho is retired fromservice (ith a la( enforcement aency and is notother(ise prohibited from receivin ammunition, of a
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lare capacity ammunition feedin device transferred tothe individual by the aency upon such retirement> or
9: the manufacture, transfer, or possession of any larecapacity
ammunition feedin device by a licensed manufacturer orlicensed importer for the purposes of testin ore4perimentation authori*ed by the Secretary.
9: 6f a person chared (ith violatin pararaph 91:asserts that pararaph 91: does not apply to such personbecause of pararaph 9-: or 9/:, the "overnment shallhave the burden of proof to sho( that such pararaph 91:applies to such person. &he lac< of a serial number as
described in section #-/9i: of title 18, United StatesCode, shall be a presumption that the lare capacityammunition feedin device is not sub;ect to theprohibition of possession in pararaph 91:.
94:91: 6t shall be unla(ful for a person to sell,deliver, or other(ise transfer to a person (ho thetransferor or
9B: ammunition that is suitable for use only in ahandun.
9-: 6t shall be unla(ful for any person (ho is a ;uvenileto or
9B: ammunition that is suitable for use only in ahandun.
9/: &his subsection does not apply to ))
9A: a temporary transfer of a handun or ammunition to a;uvenile or to the possession or use of a handun or
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ammunition by a ;uvenile if the handun and ammunitionare possessed and used by the ;uvenile ))
9i: in the course of employment, in the course ofranchin or farmin
related to activities at the residence of the ;uvenile9or on property used for ranchin or farmin at (hich the;uvenile, (ith the permission of the property o(ner orlessee, is performin activities related to the operationof the farm or ranch:, taret practice, huntin, or acourse of instruction in the safe and la(ful use of ahandun>
9ii: (ith the prior (ritten consent of the ;uvenileIs
parent or uardian (ho is not prohibited by 'ederal,State, or local la( from possessin a firearm, e4cept ))
96: durin transportation by the ;uvenile of an unloadedhandun in a loc
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9iv: in accordance (ith State and local la(>
9B: a ;uvenile (ho is a member of the Armed 'orces of theUnited States or the @ational "uard (ho possesses or isarmed (ith a handun in the line of duty>
9C: a transfer by inheritance of title 9but notpossession: of a handun or ammunition to a ;uvenile> or
9: the possession of a handun or ammunition by a;uvenile ta
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prosecution of a violation of this subsection for oodcause sho(n.
APP23'I4 A
Centerfire 5ifle! -- Autoloa*er!
Bro(nin BAR ar< 66 Safari Semi)Auto Rifle
Bro(nin BAR ar< 66 Safari anum Rifle
Bro(nin Hih)%o(er Rifle
Hec
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Cimarron 18$ Henry Replica
Cimarron 18$$ ?inchester Replicas
Cimarron 187/ Short Rifle
Cimarron 187/ Sportin Rifle
Cimarron 187/ /! 34press Rifle
i4ie 3nraved 187/ Rifle
3..'. 18$$ Mello(boy 0ever Actions
3..'. 18$ Henry Rifle
3..'. odel 7/ 0ever)Action Rifle
arlin odel //$CS 0ever)Action Carbine
arlin odel /AS 0ever)Action Carbine
arlin odel SS 0ever)Action Sporter
arlin odel 18#S 0ever)Action Carbine
arlin odel 18#CS Carbine
arlin odel 18#C0 Classic
arlin odel 18#2SS 0ever)Action Rifle
itchell 1828 Henry Replica
itchell 18$$ ?inchester Replica
itchell 187/ ?inchester Replica
@avy Arms ilitary Henry Rifle
@avy Arms Henry &rapper
@avy Arms 6ron 'rame Henry
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@avy Arms Henry Carbine
@avy Arms 18$$ Mello(boy Rifle
@avy Arms 187/ ?inchester)Style Rifle
@avy Arms 187/ Sportin Rifle
Reminton 7$ Slide Action
Reminton odel 7$ Special %urpose Slide Action
Rossi #- SRC Saddle)Rin Carbine
Rossi #- SRS Short Carbine
Savae ##C 0ever)Action Rifle
Uberti Henry Rifle
Uberti 18$$ Sportin Rifle
Uberti 187/ Sportin Rifle
?inchester odel # Side 3;ect 0ever)Action Rifle
?inchester odel # &rapper Side 3;ect
?inchester odel # Bi Bore Side 3;ect
?inchester odel # Raner Side 3;ect 0ever)Action Rifle
?inchester odel # ?ranler Side 3;ect
Centerfire 5ifle! -- 7olt Action
Alpine Bolt)Action Rifle
A)S+uare Caesar Bolt)Action Rifle
A)S+uare Hannibal Bolt)Action Rifle
Anschut* 17 Classic Rifles
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Anschut* 17 Custom Rifles
Anschut* 17 Bavarian Bolt)Action Rifle
Anschut* 17// annlicher Rifle
Barret odel # Bolt)Action Rifle
BeemanH? $F Bolt)Action Rifle
Blaser R8 Bolt)Action Rifle
BR@G 2/7 Sporter Bolt)Action Rifle
BR@G =B 2-7 'o4 Bolt)Action Rifle
BR@G = $, $1, $- Bolt)Action Rifles
Bro(nin A)Bolt Rifle
Bro(nin A)Bolt Stainless Stal
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a
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cillan Sinature Alas
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Reminton 7 A0 Bolt)Action Rifle
Reminton 7 B0 Bolt)Action Rifle
Reminton 7 B0 Darmint Special
Reminton 7 B0 3uropean Bolt)Action Rifle
Reminton 7 Darmint Synthetic Rifle
Reminton 7 B0 SS Rifle
Reminton 7 Stainless Synthetic Rifle
Reminton 7 &RSS Rifle
Reminton 7 B0 0eft Hand
Reminton 7 Camo Synthetic Rifle
Reminton 7 Safari
Reminton 7 ountain Rifle
Reminton 7 Custom S ountain Rifle
Reminton 7 Classic Rifle
Ruer 77 ar< 66 Rifle
Ruer 77 ar< 66 anum Rifle
Ruer 77R0 Ultra 0iht
Ruer 77 ar< 66 All)?eather Stainless Rifle
Ruer 77 RS6 6nternational Carbine
Ruer 77 ar< 66 34press Rifle
Ruer 77D& &aret Rifle
Sa
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Sa
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?eatherby ?eatheruard Alas
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?inchester odel 7 Custom Sharpshooter
?inchester odel 7 Custom Sportin Sharpshooter Rifle
Centerfire 5ifle! -- Sin)le Shot
Armsport 18$$ Sharps Rifle, Carbine
Bro(n odel Gne Sinle Shot Rifle
Bro(nin odel 1882 Sinle Shot Rifle
a
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Ruer @o. 1H &ropical Rifle
Ruer @o. 1S edium Sporter
Ruer @o. 1 RS6 6nternational
Ruer @o. 1D Special Darminter
C.Sharps Arms @e( odel 187 Gld Reliable
C.Sharps Arms @e( odel 1872 Rifle
C.Sharps Arms 1872 Classic Sharps
C.Sharps Arms @e( odel 1872 &aret L 0on Rane
Shiloh Sharps 187 0on Rane 34press
Shiloh Sharps 187 ontana Rouhrider
Shiloh Sharps 187 ilitary Carbine
Shiloh Sharps 187 Business Rifle
Shiloh Sharps 187 ilitary Rifle
Sharps 187 Gld Reliable
&hompsonCenter Contender Carbine
&hompsonCenter Stainless Contender Carbine
&hompsonCenter Contender Carbine Survival System
&hompsonCenter Contender Carbine Mouth odel
&hompsonCenter &CR I87 Sinle Shot Rifle
Uberti Rollin Bloc< Baby Carbine
'rillin)!, Cobination Gun!, 'ouble 5ifle!
Beretta 34press SSG GU ouble Rifles
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Beretta odel 22 S4S 34press Rifle
Chapuis R"34press ouble Rifle
Auuste 'rancotte Sideloc< ouble Rifles
Auuste 'rancotte Bo4loc< ouble Rifle
Heym odel 22B GU ouble Rifle
Heym odel 22'? GU Combo "un
Heym odel 88b Side)by)Side ouble Rifle
odia<
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A& 0ihtnin Small)"ame Huntin Rifle 66
A& anum Hunter Auto Rifle
Anschut* 2-2 elu4e Auto
Armscor odel -% Auto Rifle
Bro(nin Auto)-- Rifle
Bro(nin Auto)-- "rade D6
rico odel -$ Auto Rifle
0a
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5ifire 5ifle! -- Le(er Sli*e Action
Bro(nin B0)-- 0ever)Action Rifle
arlin /#&S Carbine
arlin odel /#AS "olden 0ever)Action Rifle
Reminton 27-B0 'ieldmaster %ump Rifle
@orinco 3)/-1 %ump Rifle
Rossi odel $- SA %ump Rifle
Rossi odel $- SAC Carbine
?inchester odel #-- 0ever)Action Rifle
?inchester odel #-- anum 0ever)Action Rifle
5ifire 5ifle! -- 7olt Action! Sin)le Shot!
Anschut* Achiever Bolt)Action Rifle
Anschut* 11$121$ Classic Rifles
Anschut* 1181218 annlicher Rifles
Anschut* 17 Classic Rifles
Anschut* 17 Custom Rifles
Anschut* 17 '?& Bolt)Action Rifle
Anschut* 17 "raphite Custom Rifle
Anschut* 17 Bavarian Bolt)Action Rifle
Armscor odel 1% Bolt)Action Rifle
Armscor odel 12 Rifle
BR@G =)2- elu4e Bolt)Action Rifle
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BR@G = 2- elu4e
BeemanH? $)F)S& Bolt)Action Rifle
Bro(nin A)Bolt -- Bolt)Action Rifle
Bro(nin A)Bolt "old edallion
Cabanas %haser Rifle
Cabanas aster Bolt)Action Rifle
Cabanas 3spronceda 6D Bolt)Action Rifle
Cabanas 0eyre Bolt)Action Rifle
Chipmun< Sinle Shot Rifle
Cooper Arms odel /$S Sporter Rifle
a
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arlin odel 12M@ !0ittle Buc
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Anschut* 1#11 atch Rifle
Anschut* 2.18S R3% elu4e Silhouette Rifle
Anschut* 1#1/ Super atch Rifle
Anschut* 1#7 atch Rifle
Anschut* 1#1 Super atch 66
Anschut* 2.18S Silhouette Rifle
Anschut* Super atch 2 &aret odel -1/
Anschut* Super atch 2 &aret odel -7
Beeman'ein(er
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arlin odel - &aret Rifle
auser odel 8$)SR Specialty Rifle
cillan )8$ Sniper Rifle
cillan Combo )87)88 2)Caliber Rifle
cillan / %hoeni4 0on Rane Rifle
cillan )8# Sniper Rifle
cillan @ational atch Rifle
cillan 0on Rane Rifle
%ar
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?ichita Silhouette Rifle
Shot)un! -- Autoloa*er!
American Arms'ranchi Blac< aic 8A0
Benelli Super Blac< 3ale Shotun
Benelli Super Blac< 3ale Slu "un
Benelli 1 Super # 'ield Auto Shotun
Benelli ontefeltro Super # -)"aue Shotun
Benelli ontefeltro Super # Shotun
Benelli 1 Sportin Special Auto Shotun
Benelli Blac< 3ale Competition Auto Shotun
Beretta A)// Auto Shotun
Beretta /# 'ield Auto Shotun
Beretta /# Super &rap, Super S
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Bro(nin Auto)2 anum -
Bro(nin Auto)2 anum 1-
Churchill &ur
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Reminton S%)1 anum Auto Shotun
Reminton S%)1 anum &ur
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ossber odel 2 Sportin %ump
ossber odel 2 Camo %ump
ossber odel 2 u**leloader Combo
ossber odel 2 &rophy Sluster
ossber &ur
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Reminton 87 34press
Reminton odel 87 34press Mouth "un
?inchester odel 1- %ump Shotun
?inchester odel - Hih "rade Shotun
?inchester odel 1/ ?alnut %ump
?inchester odel 1/ Slu Hunter eer "un
?inchester odel 1/ Raner %ump "un Combo L eer "un
?inchester odel 1/ &ur
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Baby Bretton GverUnder Shotun
Beretta odel $8$ Ultraliht GU
Beretta AS3 # Competition GU Shotun
Beretta GverUnder 'ield Shotuns
Beretta Gny4 Hunter Sport GU Shotun
Beretta odel SG2, SG$, SG# Shotuns
Beretta Sportin Clay Shotuns
Beretta $8730 Sportin GU
Beretta $8- Super Sportin GU
Beretta Series $8- Competition GverUnders
Bro(nin Citori GU Shotun
Bro(nin Superliht Citori GverUnder
Bro(nin 0ihtnin Sportin Clays
Bro(nin icro Citori 0ihtnin
Bro(nin Citori %lus &rap Combo
Bro(nin Citori %lus &rap "un
Bro(nin Citori GU S
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er
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%ar
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riehoff S)2 &rap "un
riehoff S)2 Special
riehoff )8 Sinle Barrel &rap "un
0;utic ono "un Sinle Barrel
0;utic 0& Super elu4e ono "un
0;utic Recoilless Space "un Shotun
arlin odel 22 "oose "un Bolt Action
@e( 3nland 'irearms &ur
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--9b:, &itle D, E /2-, @ov. -#, 1##, 1 Stat.8, 82$, 827, #-> %ub.0. 1/)12#, &itle 6, E 1-9a:91:, 9b:, &itle 666, E /-9a:)9c:, @ov. /, 1##/, 17Stat. 12/$, 12/#, 122> %ub.0. 1/)/--, &itle 6, EE111-9a:, 111/9a:, 111$, 11-19a:, 1119b:, 9c:,
11211, 1121, &itle 66, EE /-#, /-#-7, &itle666, E //119i:, Sept. 1/, 1##, 18 Stat. 1##$,1##8, -, -1, -1, -1#, -1-2, -1/1, -12.:
% 9&:" Licen!in)
9a: @o person shall enae in the business of importin,manufacturin, or dealin in firearms, or importin ormanufacturin ammunition, until he has filed anapplication (ith and received a license to do so from the
Secretary. &he application shall be in such form andcontain only that information necessary to determineeliibility for licensin as the Secretary shall byreulation prescribe and shall include a photoraph andfinerprints of the applicant. 3ach applicant shall pay afee for obtainin such a license, a separate fee beinre+uired for each place in (hich the applicant is to dobusiness, as follo(s5
91: 6f the applicant is a manufacturer ))
9A: of destructive devices, ammunition for destructivedevices or armor
piercin ammunition, a fee of K1, per year>
9B: of firearms other than destructive devices, a fee ofK2 per year> or
9C: of ammunition for firearms, other than ammunition for
destructive
devices or armor piercin ammunition, a fee of K1 peryear.
9-: 6f the applicant is an importer ))
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9A: of destructive devices, ammunition for destructivedevices or armor piercin ammunition, a fee of K1, peryear> or
9B: of firearms other than destructive devices or
ammunition for firearms other than destructive devices,or ammunition other than armor piercin ammunition, a feeof K2 per year.
9/: 6f the applicant is a dealer ))
9A: in destructive devices or ammunition for destructivedevices, a fee of K1, per year> or
9B: (ho is not a dealer in destructive devices, a fee of
K- for / years, e4cept that the fee for rene(al of avalid license shall be K# for / years.
O9C: Repealed. %ub.0. 1/)12#, &itle 666, E //9:, @ov./, 1##/, 17 Stat. 12$.P
9b: Any person desirin to be licensed as a collectorshall file an application for such license (ith theSecretary. &he application shall be in such form andcontain only that information necessary to determine
eliibility as the Secretary shall by reulationprescribe. &he fee for such license shall be K1 peryear. Any license ranted under this subsection shallonly apply to transactions in curios and relics.
9c: Upon the filin of a proper application and paymentof the prescribed fee, the Secretary shall issue to a+ualified applicant the appropriate license (hich,sub;ect to the provisions of this chapter and otherapplicable provisions of la(, shall entitle the licensee
to transport, ship, and receive firearms and ammunitioncovered by such license in interstate or forein commercedurin the period stated in the license. @othin in thischapter shall be construed to prohibit a licensedmanufacturer, importer, or dealer from maintainin anddisposin of a personal collection of firearms, sub;ectonly to such restrictions as apply in this chapter to
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dispositions by a person other than a licensedmanufacturer, importer, or dealer. 6f any firearm is so
disposed of by a licensee (ithin one year after itstransfer from his business inventory into such licenseeIs
personal collection or if such disposition or any otherac+uisition is made for the purpose of (illfully evadinthe restrictions placed upon licensees by this chapter,then such firearm shall be deemed part of such licenseeIsbusiness inventory, e4cept that any licensedmanufacturer, importer, or dealer (ho has maintained afirearm as part of a personal collection for one year and(ho sells or other(ise disposes of such firearm shallrecord the description of the firearm in a bound volume,containin the name and place of residence and date of
birth of the transferee if the transferee is anindividual, or the identity and principal and localplaces of business of the transferee if the transferee isa corporation or other business entity5 Pro(i*e*,&hat noother record
9B: the applicant 9includin, in the case of acorporation, partnership, or association, any individualpossessin, directly or indirectly, the po(er to director cause the direction of the manaement and policies ofthe corporation, partnership, or association: is notprohibited from
transportin, shippin, or receivin firearms orammunition in interstate or forein commerce under
section #--9: and 9n: of this chapter>
9C: the applicant has not (illfully violated any of theprovisions of this chapter or reulations issuedthereunder>
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9: the applicant has not (illfully failed to discloseany material
information re+uired, or has not made any false statementas to any material fact, in connection (ith his
application>
93: the applicant has in a State 9i: premises from (hichhe conducts
business sub;ect to license under this chapter or from(hich he intends to
conduct such business (ithin a reasonable period of time,or 9ii: in the case of a collector, premises from (hich
he conducts his collectin sub;ect to license under thischapter or from (hich he intends to conduct such
collectin (ithin a reasonable period of time> and
9': the applicant certifies that ))
9i: the business to be conducted under the license is notprohibited by State or local la( in the place (here thelicensed premise is located>
9ii:96: (ithin / days after the application is approvedthe business
(ill comply (ith the re+uirements of State and local la(applicable to the conduct of the business> and
966: the business (ill not be conducted under the licenseuntil the
re+uirements of State and local la( applicable to thebusiness have been met> and
9iii: that the applicant has sent or delivered a form tobe prescribed by the Secretary, to the chief la(enforcement officer of the locality in (hich the premisesare located, (hich indicates that the applicant intendsto apply for a 'ederal firearms license.
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9-: &he Secretary must approve or deny an application fora license (ithin the $)day period beinnin on the dateit is received. 6f the Secretary fails to act (ithin suchperiod, the applicant may file an action under section1/$1 of title -8 to compel the Secretary to act. 6f the
Secretary approves an applicantIs application, suchapplicant shall be issued a license upon the payment ofthe prescribed fee.
9e: &he Secretary may, after notice and opportunity forhearin, revo
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arieved party may at any time (ithin si4ty days afterthe date notice (as iven under this pararaph file apetition (ith the United States district court for thedistrict in (hich he resides or has his principal placeof business for a de novo ;udicial revie( of such denial
or revocation. 6n a proceedin conducted under thissubsection, the court may consider any evidence submittedby the parties to the proceedin (hether or not suchevidence (as considered at the hearin held underpararaph 9-:. 6f the court decides that the Secretary(as not authori*ed to deny the application or to revo
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a 'ederal maistrate and securin from such maistrate a(arrant authori*in entry, enter durin business hoursthe premises 9includin places of storae: of anylicensed firearms importer, licensed manufacturer,licensed dealer, licensed collector, or any licensed
importer or manufacturer of ammunition, for the purposeof inspectin or e4aminin ))
9i: any records or documents re+uired to be
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fide criminal investiation.
9C: &he Secretary may inspect the inventory and recordsof a licensed collector (ithout such reasonable cause or(arrant ))
9i: for ensurin compliance (ith the record or
9ii: (hen such inspection or e4amination may be re+uiredfor determinin
the disposition of one or more particular firearms in thecourse of a bona
fide criminal investiation.
9: At the election of a licensed collector, the annualinspection of records and inventory permitted under thispararaph shall be performed at the office of theSecretary desinated for such inspections (hich islocated in closest pro4imity to the premises (here the
inventory and records of such licensed collector aremaintained. &he inspection and e4amination authori*ed bythis pararaph shall not be construed as authori*in theSecretary to sei*e any records or other documents otherthan those records or documents constitutin materialevidence of a violation of la(. 6f the Secretary sei*essuch records or documents, copies shall be provided thelicensee (ithin a reasonable time. &he Secretary may ma
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re+uested by any 'ederal, State, or local la( enforcementaency.
9-: 3ach licensed collector shall maintain in a boundvolume the nature of (hich the Secretary may by
reulations prescribe, records of the receipt, sale, orother disposition of firearms. Such records shall includethe name and address of any person to (hom the collectorsells or other(ise disposes of a firearm. Such collectorshall not be re+uired to submit to the Secretary reportsand information (ith respect to such records and thecontents thereof, e4cept as e4pressly re+uired by thissection.
9/:9A: 3ach licensee shall prepare a report of multiple
sales or other dispositions (henever the licensee sellsor other(ise disposes of, at one time or durin any fiveconsecutive business days, t(o or more pistols, orrevolvers, or any combination of pistols and revolverstotallin t(o or more, to an unlicensed person. &hereport shall be prepared on a form specified by theSecretary and for(arded to the office specified thereonand to the department of State police or State la(enforcement aency of the State or local la( enforcementaency of the local ;urisdiction in (hich the sale or
other disposition too< place, not later than the close ofbusiness on the day that the multiple sale or otherdisposition occurs.
9B: 34cept in the case of forms and contents thereofreardin a purchaser (ho is prohibited by subsection 9:or 9n: of section #-- of this title from receipt of afirearm, the department of State police or State la(enforcement aency or local la( enforcement aency of thelocal ;urisdiction shall not disclose any such form or
the contents thereof to any person or entity, and shalldestroy each such form and any record of the contentsthereof no more than - days from the date such form isreceived. @o later than the date that is $ months afterthe effective date of this subpararaph, and at the endof each $)month period thereafter, the department ofState police or State la( enforcement aency or local la(
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enforcement aency of the local ;urisdiction shallcertify to the Attorney "eneral of the United States thatno disclosure contrary to this subpararaph has been madeand that all forms and any record of the contents thereofhave been destroyed as provided in this subpararaph.
9: ?here a firearms or ammunition business isdiscontinued and succeeded by a ne( licensee, the recordsre+uired to be
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97: 3ach licensee shall respond immediately to, and in noevent later than - hours after the receipt of, a re+uestby the Secretary for information contained in the recordsre+uired to be
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or other sportin use of firearms in the community, andsuch location is in the State (hich is specified on thelicense. Records of receipt and disposition of firearmstransactions conducted at such temporary location shallinclude the location of the sale or other disposition and
shall be entered in the permanent records of the licenseeand retained on the location specified on the license.@othin in this subsection shall authori*e any licenseeto conduct business in or from any motori*ed or to(edvehicle. @ot(ithstandin the provisions of subsection 9a:of this section, a separate fee shall not be re+uired ofa licensee (ith respect to business conducted under thissubsection. Any inspection or e4amination of inventory orrecords under this chapter by the Secretary at suchtemporary location shall be limited to inventory
consistin of, or records relatin to, firearms held ordisposed at such temporary location. @othin in thissubsection shall be construed to authori*e the Secretaryto inspect or e4amine the inventory or records of alicensed importer, licensed manufacturer, or licenseddealer at any location other than the location specifiedon the license. @othin in this subsection shall beconstrued to diminish in any manner any riht to display,sell, or other(ise dispose of firearms or ammunition,(hich is in effect before the date of the enactment of
the 'irearms G(nersI %rotection Act.
9
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9Added %ub.0. #)/21, &itle 6D, E #-, Fune 1#, 1#$8, 8-Stat. -/1, and amended %ub.0. #)$18, &itle 6, E 1-,Gct. --, 1#$8, 8- Stat. 1--1> %ub.0. #7)/77, &itle 6, E1$29b:, ec. -1, 1#8-, #$ Stat. 1#-/> %ub.0. ##)/8, E1/, ay 1#, 1#8$, 1 Stat. 2/> %ub.0. ##)/$, E 19c:,
Fuly 8, 1#8$, 1 Stat. 7$$> %ub.0. ##)8, EE /)7, Au.-8, 1#8$, 1 Stat. #-1> %ub.0. 1)$#, &itle D66, E7$9d:, @ov. 18, 1#88, 1- Stat. > %ub.0. 11)$7,&itle 66, E --/9a:, &itle D, E /2-2, @ov. 2, 1##,1 Stat. 827, #-> %ub.0. 1/)12#, &itle 66, E -1,&itle 666, E //, @ov. /, 1##/, 17 Stat. 12, 122>%ub.0. 1/)/--, &itle 6, EE 111-9d:, 111/9d:,11/19a:, 11/-)11/7, &itle 666, E //119i:,Sept. 1/, 1##, 18 Stat. 1##8, 1###, -1-, -1/, -1,-12.:
% 9&$" Penaltie!
9a:91: 34cept as other(ise provided in this subsection,subsection 9b:, 9c:, or 9f: of this section, or insection #-#, (hoever))
9A:
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9: (illfully violates any other provision of thischapter, shall be fined under this title, imprisoned notmore than five years, or both.
9-: ?hoever
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or receives a firearm or any ammunition in interstate orforein commerce shall be fined under this title, orimprisoned not more than ten years, or both.
9c:91: ?hoever, durin and in relation to any crime of
violence or dru traffic
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9A: has as an element the use, attempted use, orthreatened use of physical force aainst the person orproperty of another, or
9B: that by its nature, involves a substantial ris< that
physical force
aainst the person or property of another may be used inthe course of
committin the offense.
9d:91: Any firearm or ammunition involved in or used inany
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9-:9A: 6n any action or proceedin for the return offirearms or ammunition sei*ed under the provisions ofthis chapter, the court shall allo( the prevailin party,other than the United States, a reasonable attorneyIsfee, and the United States shall be liable therefor.
9B: 6n any other action or proceedin under theprovisions of this chapter, the court, (hen it finds thatsuch action (as (ithout foundation, or (as initiatedve4atiously, frivolously, or in bad faith, shall allo(the prevailin party, other than the United States, areasonable attorneyIs fee, and the United States shall beliable therefor.
9C: Gnly those firearms or +uantities of ammunition
particularly named and individually identified asinvolved in or used in any violation of the provisions ofthis chapter or any rule or reulation issued thereunder,or any other criminal la( of the United States or asintended to be used in any offense referred to inpararaph 9/: of this subsection, (here such intent isdemonstrated by clear and convincin evidence, shall besub;ect to sei*ure, forfeiture, and disposition.
9: &he United States shall be liable for attorneysI fees
under this pararaph only to the e4tent provided inadvance by appropriation Acts.
9/: &he offenses referred to in pararaphs 91: and 9-:9C:of this subsection are ))
9A: any crime of violence, as that term is defined insection #-9c:9/: of this title>
9B: any offense punishable under the Controlled
Substances Act 9-1 U.S.C. 81 et se+.: or the ControlledSubstances 6mport and 34port Act 9-1 U.S.C.
#21 et se+.:>
9C: any offense described in section #--9a:91:, #--9a:9/:, #--9a:92:, or
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#--9b:9/: of this title, (here the firearm or ammunitionintended to be used in any such offense is involved in apattern of activities (hich includes a violation of anyoffense described in section #--9a:91:, #--9a:9/:, #--9a:92:, or #--9b:9/: of this title>
9: any offense described in section #--9d: of this title(here the firearm or ammunition is intended to be used insuch offense by the transferor of such firearm orammunition>
93: any offense described in section #--9i:, #--9;:,#--9l:, #--9n:, or
#-9b: of this title> and
9': any offense (hich may be prosecuted in a court of theUnited States
(hich involves the e4portation of firearms or ammunition.
9e:91: 6n the case of a person (ho violates section#--9: of this title and has three previous convictionsby any court referred to in section #--9:91: of thistitle for a violent felony or a serious dru offense, or
both, committed on occasions different from one another,such person shall be fined not more than K-2, andimprisoned not less than fifteen years, and,not(ithstandin any other provision of la(, the courtshall not suspend the sentence of, or rant aprobationary sentence to, such person (ith respect to theconviction under section #--9:.
9-: As used in this subsection ))
9A: the term !!eriou! *ru) offen!e! means ))
9i: an offense under the Controlled Substances Act 9-1U.S.C. 81 et
se+.:, the Controlled Substances 6mport and 34port Act9-1 U.S.C. #21 et
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se+.:, or the aritime ru 0a( 3nforcement Act 9$U.S.C. App. 1#1 et
se+.:, for (hich a ma4imum term of imprisonment of tenyears or more is
prescribed by la(> or
9ii: an offense under State la(, involvin manufacturin,distributin, or possessin (ith intent to manufacture ordistribute, a controlled
substance 9as defined in section 1- of the ControlledSubstances Act 9-1 U.S.C. 8-::, for (hich a ma4imum termof imprisonment of ten years or more is prescribed by
la(>
9B: the term !(iolent felon.! means any crime punishableby imprisonment
for a term e4ceedin one year, or any act of ;uveniledelin+uency involvin the use or carryin of a firearm, or
9ii: is burlary, arson, or e4tortion, involves use ofe4plosives, or
other(ise involves conduct that presents a seriouspotential ris< of physical in;ury to another> and
9C: the term !con(iction! includes a findin that aperson has committed an act of ;uvenile delin+uencyinvolvin a violent felony.
9f: 6n the case of a person (ho
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9: ?hoever, (ith the intent to enae in conduct (hich))
91: constitutes an offense listed in section 1#$191:,
9-: is punishable under the Controlled Substances Act 9-1U.S.C. 8- et
se+.:, the Controlled Substances 6mport and 34port Act9-1 U.S.C. #21 et
se+.:, or the aritime ru 0a( 3nforcement Act 9$U.S.C.App. 1#1 et se+.:,
9/: violates any State la( relatin to any controlled
substance 9as defined in section 1-9$: of the ControlledSubstances Act 9-1 U.S.C. 8-9$:::, or
9: constitutes a crime of violence 9as defined insubsection 9c:9/::,
travels from any State or forein country into any otherState and ac+uires, transfers, or attempts to ac+uire ortransfer, a firearm in such other State in furtherance ofsuch purpose, shall be imprisoned not more than 1 years,
fined in accordance (ith this title, or both.
9h: ?hoever
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subsection be construed as invalidatin any provision ofState la( unless such provision is inconsistent (ith anyof the purposes of this subsection.
9i:-A person (ho, in the course of a violation of
subsection 9c:, causes the death of a person throuh theuse of a firearm, shall ))
91: if the and
9-: if the
9-: violates any la( of a State relatin to anycontrolled substance 9as
defined in section 1- of the Controlled Substances Act,-1 U.S.C. 8-:> or
9/: constitutes a crime of violence 9as defined insubsection 9c:9/::,
smules or
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$$, $$-, &itle D66, EE 72$, 7$9a:, @ov. 18, 1#88,1- Stat. /2#, /$, /71, /7/, /7, -, />%ub.0. 11)$7, &itle 6, E 111, &itle D66, E 17-9b:9/:, &itle 66, EE --/9d:, --9c:, &itle D, EE/2-$, /2-7, /2-8, /2-#, @ov. -#, 1##, 1 Stat. 8-#,
82, 827, #-> %ub.0. 1/)12#, &itle 6, E 1/9c:,&itle 666, E /-9d:, @ov. /, 1##/, 17 Stat. 121, 122>%ub.0. 1/)/--, &itle D6, E $1/, &itle 6, EE111-9c:, 111/9c:, 11-19b:, 1119e:, 112/,1129a:, 1127, 1121, 112129a:, 11217, 112189a:,&itle 666, EE //-9h:, ///9f:9-:, //119i:, 9;:,//1$91:9H:, 9:, 90:, Sept. 1/, 1##, 18 Stat. 1#7/,1##8, 1###, -11, -12, -1$, -18, -1#, --, -1,-11, -12, -17.:
Q &(o subsections 9a:92: (ere enacted.
- &(o subsections 9i: (ere enacted.
% 9&;" 2/ce#tion!< 5elief fro *i!abilitie!
9a:91: &he provisions of this chapter, e4cept for provisions relatin to firearms sub;ect to the
prohibitions of section #--9p:, shall not apply (ith respect to the transportation, shipment,
receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to,
or issued for the use of, the United States or any department or aency thereof or any State or any
department, aency, or political subdivision thereof.
9-: &he provisions of this chapter shall not apply (ith respect to 9A: the shipment or receipt of
firearms or ammunition (hen sold or issued by the Secretary of the Army pursuant to section /8 of
title 1, and 9B: the transportation of any such firearm or ammunition carried out to enable a
person, (ho la(fully received such firearm or ammunition from the Secretary of the Army, to enae
in military trainin or in competitions.
9/: Unless other(ise prohibited by this chapter or any other 'ederal la(, a licensed importer,
licensed manufacturer, or licensed dealer may ship to a member of the United States Armed 'orces on
active duty outside the United States or to clubs, reconi*ed by the epartment of efense, (hose
entire membership is composed of such members, and such members or clubs may receive a firearm or
ammunition determined by the Secretary of the &reasury to be enerally reconi*ed as particularly
suitable for sportin purposes and intended for the personal use of such member or club.
9: ?hen established to the satisfaction of the Secretary to be consistent (ith the provisions of
this chapter and other applicable 'ederal and State la(s and published ordinances, the Secretary
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may authori*e the transportation, shipment, receipt, or importation into the United States to the
place of residence of any member of the United States Armed 'orces (ho is on active duty outside
the United States 9or (ho has been on active duty outside the United States (ithin the si4ty day
period immediately precedin the transportation, shipment, receipt, or importation:, of any firearm
or ammunition (hich is 9A: determined by the Secretary to be enerally reconi*ed as particularly
suitable for sportin purposes, or determined by the epartment of efense to be a type of firearm
normally classified as a (ar souvenir, and 9B: intended for the personal use of such member.
92: 'or the purpose of pararaphs 9/: and 9: of this subsection, the term !nite* State!! means
each of the several States and the istrict of Columbia.
9b: A licensed importer, licensed manufacturer, licensed dealer, or licensed collector (ho is
indicted for a crime punishable by imprisonment for a term e4ceedin one year, may, not(ithstandin
any other provision of this chapter, continue operation pursuant to his e4istin license 9if prior
to the e4piration of the term of the e4istin license timely application is made for a ne( license:
durin the term of such indictment and until any conviction pursuant to the indictment becomes
final.
9c: A person (ho is prohibited from possessin, shippin, transportin, or receivin firearms or
ammunition may ma
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of the contents of such records, be recorded at or transferred to a facility o(ned, manaed, or
controlled by the United States or any State or any political subdivision thereof, nor that any
system of reistration of firearms, firearms o(ners, or firearms transactions or dispositions be
established. @othin in this section e4pands or restricts the SecretaryIs authority to in+uire into
the disposition of any firearm in the course of a criminal investiation.
9b: &he Secretary shall ive not less than ninety days public notice, and shall afford interested
parties opportunity for hearin, before prescribin such rules and reulations.
9c: &he Secretary shall not prescribe rules or reulations that re+uire purchasers of blac< po(der
under the e4emption provided in section 829a:92: of this title to complete affidavits or forms
attestin to that e4emption.
9Added %ub.0. #)/21, &itle 6D, E #-, Fune 1#, 1#$8, 8- Stat. -/, and amended %ub.0. #)$18,
&itle 6, E 1-, Gct. --, 1#$8, 8- Stat. 1--$> %ub.0. ##)/8, E 1$, ay 1#, 1#8$, 1 Stat. 2#>
%ub.0. 1/)/--, &itle 6, E 1119d:, Sept. 1/, 1##, 18 Stat. -12.:
% 9&6A" Inter!tate tran!#ortation of firear!
@ot(ithstandin any other provision of any la( or any rule or reulation of a State or any
political subdivision thereof, any person (ho is not other(ise prohibited by this chapter from
transportin, shippin, or receivin a firearm shall be entitled to transport a firearm for any
la(ful purpose from any place (here he may la(fully possess and carry such firearm to any other
place (here he may la(fully possess and carry such firearm if, durin such transportation the
firearm is unloaded, and neither the firearm nor any ammunition bein transported is readily
accessible or is directly accessible from the passener compartment of such transportin
vehicle5 Pro(i*e*,&hat in the case of a vehicle (ithout a compartment separate from the driverIs
compartment the firearm or ammunition shall be contained in a loc
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E 9&8" Se#arabilit.
6f any provision of this chapter or the application thereof to any person or circumstance is held
invalid, the remainder of the chapter and the application of such provision to other persons not
similarly situated or to other circumstances shall not be affected thereby.
9Added %ub.0. #)/21, &itle 6D, E #-, Fune 1#, 1#$8, 8- Stat. -/, and amended %ub.0. #)$18,
&itle 6, E 1-, Gct. --, 1#$8, 8- Stat. 1--$.:
% 9&9" !e of re!tricte* aunition
9a:91: ?hoever, durin and in relation to the commission of a crime of violence or dru traffic
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9b: ?hoever, (ith intent that a firearm or other danerous (eapon be used in the commission of a
crime,
9-: the possession of a firearm or other danerous (eapon by a 'ederal
official or a member of the Armed 'orces if such possession is authori*ed by la(> or
9/: the la(ful carryin of firearms or other danerous (eapons in a 'ederal facility incident to
huntin or other la(ful purposes.
9e:91: 34cept as provided in pararaph 9-:, (hoever
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8/12/2019 The Gun Control Act of 1968