The term "destructive device" shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 7684(2), 7685, or 7686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which 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 conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
1 So in original. Probably should be followed by a period.
18 U.S.C. § 921
EDITORIAL NOTES
REFERENCES IN TEXTFor definition of Canal Zone, referred to in subsec. (a)(2), see section 3602(b) of Title 22, Foreign Relations and Intercourse.
AMENDMENTS2022-Subsec. (a)(21)(C). Pub. L. 117-159, §12002(1), substituted "to predominantly earn a profit" for "with the principal objective of livelihood and profit".Subsec. (a)(22) to (30). Pub. L. 117-159, §12002(2), (3), added par. (22) and redesignated former pars. (22) to (29) as (23) to (30), respectively.Subsec. (a)(33)(A). Pub. L. 117-159, §12005(c)(1)(A), substituted "subparagraphs (B) and (C)" for "subparagraph (C)" in introductory provisions.Subsec. (a)(33)(A)(i). Pub. L. 117-159, §12005(c)(1)(B), which directed substitution of "State," for "State,," in cl. (ii) of par. (33)(A), was executed in cl. (i) of par. (33)(A) to reflect the probable intent of Congress. Pub. L. 117-103, §1104(a), substituted ", Tribal, or local law" for "or Tribal law".Subsec. (a)(33)(A)(ii). Pub. L. 117-159, §12005(a)(1), substituted "by a person similarly" for "or by a person similarly" and inserted ", or by a person who has a current or recent former dating relationship with the victim" before period at end.Subsec. (a)(33)(C). Pub. L. 117-159, §12005(c)(2), added subpar. (C).Subsec. (a)(36). Pub. L. 117-103, §1101(b), added par. (36).Subsec. (a)(37). Pub. L. 117-159, §12005(a)(2), added par. (37). 2018-Subsec. (a)(4). Pub. L. 115-232 substituted "section 7684(2), 7685, or 7686 of title 10" for "section 4684(2), 4685, or 4686 of title 10" in concluding provisions.2006-Subsec. (a)(33)(A)(i). Pub. L. 109-162, which directed the general amendment of "section 921(33)(A)(i) of title 18", was executed to par. (33)(A)(i) of subsec. (a), to reflect the probable intent of Congress. Prior to amendment, cl. (i) read as follows: "is a misdemeanor under Federal or State law; and". 2002-Subsec. (a)(4). Pub. L. 107-296, §1112(f)(2), substituted "Attorney General" for "Secretary of the Treasury" in concluding provisions.Subsec. (a)(4)(B). Pub. L. 107-296, §1112(f)(1), substituted "Attorney General" for "Secretary".Subsec. (a)(13), (17)(C). Pub. L. 107-296, §1112(f)(6), substituted "Attorney General" for "Secretary" wherever appearing.Subsec. (a)(18). Pub. L. 107-296, §1112(f)(3), added par. (18) and struck out former par. (18) which read as follows: "The term 'Secretary' or 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate."Subsec. (a)(19). Pub. L. 107-296, §1112(f)(6), substituted "Attorney General" for "Secretary" in two places.Subsec. (a)(35). Pub. L. 107-273 added par. (35).1998-Subsec. (a)(5). Pub. L. 105-277, §101(h) [title I, §115(1)], substituted "an explosive" for "the explosive in a fixed shotgun shell".Subsec. (a)(7). Pub. L. 105-277, §101(h) [title I, §115(2)], substituted "an explosive" for "the explosive in a fixed metallic cartridge".Subsec. (a)(16). Pub. L. 105-277, §101(h) [title I, §115(3)], added par. (16) and struck out former par. (16) which read as follows: "The term 'antique firearm' means- "(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and"(B) any replica of any firearm described in subparagraph (A) if such replica-"(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or"(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade." Subsec. (a)(34). Pub. L. 105-277, §101(b) [title I, §119(a)], added par. (34).1996-Subsec. (a)(33). Pub. L. 104-208 added par. (33).1995-Subsec. (a)(27). Pub. L. 104-88 substituted "section 13102" for "section 10102". 1994-Subsec. (a)(17)(B). Pub. L. 103-322, §110519, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "The term 'armor piercing ammunition' means a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium. Such term does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Secretary finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Secretary finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device." Subsec. (a)(17)(C). Pub. L. 103-322, §110519, added subpar. (C).Subsec. (a)(22)(C)(iii). Pub. L. 103-322, §330021(1), substituted "kidnapping" for "kidnaping".Subsec. (a)(30). Pub. L. 103-322, §110102(b), which added par. (30) defining "semiautomatic assault weapon", was repealed by Pub. L. 103-322, §110105(2) . See Effective and Termination Dates of 1994 Amendment note below.Subsec. (a)(31). Pub. L. 103-322, §110103(b), which added par. (31) defining "large capacity ammunition feeding device", was repealed by Pub. L. 103-322, §110105(2) . See Effective and Termination Dates of 1994 Amendment note below.Subsec. (a)(32). Pub. L. 103-322, §110401(a), added par. (32).1993-Subsec. (a)(29). Pub. L. 103-159 added par. (29).1990-Subsec. (a)(25) to (27). Pub. L. 101-647, §1702(b)(2), added pars. (25) to (27). Subsec. (a)(28). Pub. L. 101-647, §2204(a), added par. (28). 1986-Subsec. (a)(10). Pub. L. 99-308, §101(1), substituted "business of manufacturing" for "manufacture of". Subsec. (a)(11)(A). Pub. L. 99-308, §101(2), struck out "or ammunition" after "firearms".Subsec. (a)(12). Pub. L. 99-308, §101(3), struck out "or ammunition" after "firearm". Subsec. (a)(13). Pub. L. 99-308, §101(4), struck out "or ammunition" after "firearms".Subsec. (a)(17). Pub. L. 99-408 designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (a)(20). Pub. L. 99-308, §101(5), amended par. (20) generally. Prior to amendment, par. (20) read as follows: "The term 'crime punishable by imprisonment for a term exceeding one year' shall not include (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Secretary may by regulation designate, or (B) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less."Subsec. (a)(21). Pub. L. 99-308, §101(6), added par. (21).Subsec. (a)(22). Pub. L. 99-360 inserted provision that proof of profit not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism and defined terrorism.Pub. L. 99-308, §101(6), added par. (22).Subsec. (a)(23), (24). Pub. L. 99-308, §101(6), added pars. (23) and (24). 1975-Subsec. (a)(4). Pub. L. 93-639 substituted "to use solely for sporting, recreational or cultural purposes" for "to use solely for sporting purposes".1968-Subsec. (a). Pub. L. 90-618 inserted definitions of "collector", "licensed collector", and "crime punishable by imprisonment for a term exceeding one year", amended definitions of "person", "whoever", "interstate or foreign commerce", "State", "firearm", "destructive device", "dealer", "indictment", "fugitive from justice", "antique firearm", "ammunition", and "published ordinance", and reenacted without change definitions of "shotgun", "short-barreled shotgun", "rifle", "short-barreled rifle", "importer", "licensed importer", "manufacturer", "licensed manufacturer", "licensed dealer", "pawnbroker", and "Secretary" or "Secretary of the Treasury".Subsec. (b). Pub. L. 90-618 substituted provisions determining that a member of the armed forces on active duty is a resident of the State in which his permanent duty station is located for provisions defining "firearm", "destructive device", and "crime punishable by imprisonment for a term exceeding one year".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117-159, §12005, 136 Stat. 1332, provided that: "The amendments made by subsection (a) [amending this section] shall not apply to any conviction of a misdemeanor crime of domestic violence entered before the date of enactment of this Act [June 25, 2022]."Amendment by Pub. L. 117-103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117-103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 2018 AMENDMENTAmendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of Title 10, Armed Forces.
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105-277, div. A, §101(b) [title I, §119(e)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-70, provided that: "The amendments made by this section [amending this section and section 923 of this title] shall take effect 180 days after the date of enactment of this Act [Oct. 21, 1998]."
EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of Pub. L. 104-88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT Pub. L. 103-322, §110105, 108 Stat. 2000, provided that subtitle A (§§110101-110106) of title XI of Pub. L. 103-322 (amending this section and sections 922 to 924 of this title and enacting provisions set out as notes under this section) and the amendments made by that subtitle were effective Sept. 13, 1994, and were repealed effective as of the date that is 10 years after that date.
EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-647, §1702, 104 Stat. 4845, provided that: "The amendments made by this section [amending this section and sections 922 and 924 of this title] shall apply to conduct engaged in after the end of the 60-day period beginning on the date of the enactment of this Act [Nov. 29, 1990]."
EFFECTIVE DATE OF 1986 AMENDMENTS; PUBLICATION AND AVAILABILITY OF COMPILATION OF STATE LAWS AND PUBLISHED ORDINANCESPub. L. 99-408, §9, Aug. 28, 1986, 100 Stat. 921, provided that: "The amendments made by this Act [amending this section and sections 922, 923, and 929 of this title and enacting provisions set out as notes under this section] shall take effect on the date of enactment of this Act [Aug. 28, 1986], except that sections 3, 4, and 5 [amending section 923 of this title] shall take effect on the first day of the first calendar month which begins more than ninety days after the date of the enactment of this Act."Pub. L. 99-360, §2, July 8, 1986, 100 Stat. 767, provided that: "This Act and the amendments made by this Act [enacting section 926A of this title, amending this section and section 923 of this title, and repealing former section 926A of this title], intended to amend the Firearms Owners' Protection Act [Pub. L. 99-308, see Short Title of 1986 Amendment note below], shall become effective on the date on which the section they are intended to amend in such Firearms Owners' Protection Act becomes effective [see section 110 of Pub. L. 99-308 set out below] and shall apply to the amendments to title 18, United States Code, made by such Act." Pub. L. 99-308, §110, May 19, 1986, 100 Stat. 460, provided that:"(a) IN GENERAL.-The amendments made by this Act [enacting section 926A of this title, amending this section, sections 922 to 926 and 929 of this title, and section 5845 of Title 26, Internal Revenue Code, repealing title VII of Pub. L. 90-351, set out in the Appendix to this title, and enacting provisions set out as notes under this section] shall become effective one hundred and eighty days after the date of the enactment of this Act [May 19, 1986]. Upon their becoming effective, the Secretary shall publish and provide to all licensees a compilation of the State laws and published ordinances of which licensees are presumed to have knowledge pursuant to chapter 44 of title 18, United States Code, as amended by this Act. All amendments to such State laws and published ordinances as contained in the aforementioned compilation shall be published in the Federal Register, revised annually, and furnished to each person licensed under chapter 44 of title 18, United States Code, as amended by this Act."(b) PENDING ACTIONS, PETITIONS, AND APPELLATE PROCEEDINGS.-The amendments made by sections 103(6)(B), 105, and 107 of this Act [enacting section 926A of this title and amending sections 923 and 925 of this title] shall be applicable to any action, petition, or appellate proceeding pending on the date of the enactment of this Act [May 19, 1986]."(c) MACHINEGUN PROHIBITION.-Section 102(9) [amending section 922 of this title] shall take effect on the date of the enactment of this Act [May 19, 1986]."
EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90-618, title I, §105, Oct. 22, 1968, 82 Stat. 1226, provided that:"(a) Except as provided in subsection (b), the provisions of chapter 44 of title 18, United States Code, as amended by section 102 of this title [amending this chapter], shall take effect on December 16, 1968."(b) The following sections of chapter 44 of title 18, United States Code, as amended by section 102 of this title shall take effect on the date of the enactment of this title [Oct. 22, 1968]: Sections 921, 922(l), 925(a)(1), and 925(d)."
EFFECTIVE DATEPub. L. 90-351, title IV, §907, June 19, 1968, 82 Stat. 235, provided that: "The amendments made by this title [enacting this chapter and provisions set out as notes under this section and repealing sections 901 to 910 of Title 15, Commerce and Trade] shall become effective one hundred and eighty days after the date of its enactment [June 19, 1968]; except that repeal of the Federal Firearms Act [sections 901 to 910 of Title 15] shall not in itself terminate any valid license issued pursuant to that Act and any such license shall be deemed valid until it shall expire according to its terms unless it be sooner revoked or terminated pursuant to applicable provisions of law."
SHORT TITLE OF 2005 AMENDMENT Pub. L. 109-92, §5(a), Oct. 26, 2005, 119 Stat. 2099, provided that: "This section [amending sections 922 and 924 of this title and enacting provisions set out as notes under section 922 of this title] may be cited as the 'Child Safety Lock Act of 2005'."
SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-277, §1, July 22, 2004, 118 Stat. 865, provided that: "This Act [enacting sections 926B and 926C of this title] may be cited as the 'Law Enforcement Officers Safety Act of 2004'."
SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-322, §110101, 108 Stat. 1996, provided that subtitle A (§§110101-110106) of title XI of Pub. L. 103-322 (amending this section and sections 922 to 924 of this title and enacting provisions set out as notes under this section) could be cited as the "Public Safety and Recreational Firearms Use Protection Act", prior to repeal by Pub. L. 103-322, §110105, 108 Stat. 2000, effective 10 years after Sept. 13, 1994.
SHORT TITLE OF 1993 AMENDMENT Pub. L. 103-159, §101, 107 Stat. 1536, provided that: "This title [enacting section 925A of this title, amending this section, sections 922 and 924 of this title, and section 3759 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and section 922 of this title] may be cited as the 'Brady Handgun Violence Prevention Act'." Pub. L. 103-159, §301, 107 Stat. 1545, provided that: "This title [amending sections 922 to 924 of this title] may be cited as the 'Federal Firearms License Reform Act of 1993'."
SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-647, §1702, 104 Stat. 4844, provided that: "This section [amending this section and sections 922 and 924 of this title and enacting provisions set out as notes under this section and section 922 of this title] may be cited as the 'Gun-Free School Zones Act of 1990'."
SHORT TITLE OF 1988 AMENDMENTPub. L. 100-649, §1, Nov. 10, 1988, 102 Stat. 3816, provided that: "This Act [amending sections 922, 924, and 925 of this title and enacting provisions set out as notes under section 922 of this title and section 1356 of former Title 49, Transportation] may be cited as the 'Undetectable Firearms Act of 1988'."
SHORT TITLE OF 1986 AMENDMENTSPub. L. 99-570, title I, subtitle I, §1401, Oct. 27, 1986, 100 Stat. 3207-39, provided that: "This subtitle [amending section 924 of this title] may be cited as the 'Career Criminals Amendment Act of 1986'."Pub. L. 99-308, §1(a), May 19, 1986, 100 Stat. 449, provided that: "This Act [enacting section 926A of this title, amending this section, sections 922 to 926 and 929 of this title, and section 5845 of Title 26, Internal Revenue Code, repealing title VII of Pub. L. 90-351, set out in the Appendix to this title, and enacting provisions set out as notes under this section] may be cited as the 'Firearms Owners' Protection Act'."
SHORT TITLEPub. L. 90-618, §1, Oct. 22, 1968, 82 Stat. 1213, provided: "That this Act [enacting sections 5822, 5871 and 5872 of Title 26, Internal Revenue Code, amending this section, sections 922 to 928 of this title, and Appendix to this title, and sections 5801, 5802, 5811, 5812, 5821, 5841 to 5849, 5851 to 5854, 5861, 6806, and 7273 of Title 26, repealing sections 5692 and 6107 of Title 26, omitting sections 5803, 5813, 5814, 5831, 5855, and 5862 of Title 26, and enacting material set out as notes under this section and Appendix to this title, and section 5801 of Title 26] may be cited as the 'Gun Control Act of 1968'."
RESTRICTIONS ON AMENDMENT OF REGULATIONS AS TO CURIOS OR RELICS Pub. L. 113-6, 127 Stat. 248, provided in part: "That, in the current fiscal year and any fiscal year thereafter, no funds appropriated under this or any other Act shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or amendments to section 478.118 of title 27, Code of Federal Regulations, or to change the definition of 'Curios or relics' in section 478.11 of title 27, Code of Federal Regulations, or remove any item from ATF Publication 5300.11 as it existed on January 1, 1994".
CONSTRUCTION OF PUB. L. 103-159 WITH SECTION 552A OF TITLE 5 Pub. L. 103-159, §105, 107 Stat. 1543, provided that: "This Act [enacting section 925A of this title, amending this section, sections 922 to 924 of this title, and section 3759 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and section 922 of this title] and the amendments made by this Act shall not be construed to alter or impair any right or remedy under section 552a of title 5, United States Code."
STATUTORY CONSTRUCTION; EVIDENCE For provisions relating to statutory construction of, and admissibility of evidence regarding compliance or noncompliance with, the amendment by section 101(b) [title I, §119(a)] of Pub. L. 105-277, see section 101(b) [title I, §119(d)] of Pub. L. 105-277, set out as a note under section 923 of this title.
STUDY BY ATTORNEY GENERAL Pub. L. 103-322, §110104, 108 Stat. 2000, which provided that the Attorney General was to study the effect of subtitle A (§§110101-110106) of title XI of Pub. L. 103-322 and to report the results of the study to Congress not later than 30 months after Sept. 13, 1994, was repealed by Pub. L. 103-322, §110105, 108 Stat. 2000, effective 10 years after Sept. 13, 1994.
CONGRESSIONAL FINDINGS AND DECLARATION Pub. L. 99-308, §1(b), May 19, 1986, 100 Stat. 449, provided that: "The Congress finds that-"(1) the rights of citizens-"(A) to keep and bear arms under the second amendment to the United States Constitution;"(B) to security against illegal and unreasonable searches and seizures under the fourth amendment;"(C) against uncompensated taking of property, double jeopardy, and assurance of due process of law under the fifth amendment; and"(D) against unconstitutional exercise of authority under the ninth and tenth amendments;require additional legislation to correct existing firearms statutes and enforcement policies; and"(2) additional legislation is required to reaffirm the intent of the Congress, as expressed in section 101 of the Gun Control Act of 1968 [section 101 of Pub. L. 90-618, set out below], that 'it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes.'." Pub. L. 90-618, title I, §101, Oct. 22, 1968, 82 Stat. 1213, provided that: "The Congress hereby declares that the purposes of this title [amending this chapter] is to provide support to Federal, State, and local law enforcement officials in their fight against crime and violence, and it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title."Pub. L. 90-351, title IV, §901, June 19, 1968, 82 Stat. 225, provided that: "(a) The Congress hereby finds and declares-"(1) that there is a widespread traffic in firearms moving in or otherwise affecting interstate or foreign commerce, and that the existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power; "(2) that the ease with which any person can acquire firearms other than a rifle or shotgun (including criminals, juveniles without the knowledge or consent of their parents or guardians, narcotics addicts, mental defectives, armed groups who would supplant the functions of duly constituted public authorities, and others whose possession of such weapon is similarly contrary to the public interest) is a significant factor in the prevalence of lawlessness and violent crime in the United States;"(3) that only through adequate Federal control over interstate and foreign commerce in these weapons, and over all persons engaging in the businesses of importing, manufacturing, or dealing in them, can this grave problem be properly dealt with, and effective State and local regulation of this traffic be made possible;"(4) that the acquisition on a mail-order basis of firearms other than a rifle or shotgun by nonlicensed individuals, from a place other than their State of residence, has materially tended to thwart the effectiveness of State laws and regulations, and local ordinances; "(5) that the sale or other disposition of concealable weapons by importers, manufacturers, and dealers holding Federal licenses, to nonresidents of the State in which the licensees' places of business are located, has tended to make ineffective the laws, regulations, and ordinances in the several States and local jurisdictions regarding such firearms;"(6) that there is a casual relationship between the easy availability of firearms other than a rifle or shotgun and juvenile and youthful criminal behavior, and that such firearms have been widely sold by federally licensed importers and dealers to emotionally immature, or thrill-bent juveniles and minors prone to criminal behavior;"(7) that the United States has become the dumping ground of the castoff surplus military weapons of other nations, and that such weapons, and the large volume of relatively inexpensive pistols and revolvers (largely worthless for sporting purposes), imported into the United States in recent years, has contributed greatly to lawlessness and to the Nation's law enforcement problems;"(8) that the lack of adequate Federal control over interstate and foreign commerce in highly destructive weapons (such as bazookas, mortars, antitank guns, and so forth, and destructive devices such as explosive or incendiary grenades, bombs, missiles, and so forth) has allowed such weapons and devices to fall into the hands of lawless persons, including armed groups who would supplant lawful authority, thus creating a problem of national concern;"(9) that the existing licensing system under the Federal Firearms Act [former sections 901 to 910 of Title 15, Commerce and Trade] does not provide adequate license fees or proper standards for the granting or denial of licenses, and that this has led to licenses being issued to persons not reasonably entitled thereto, thus distorting the purposes of the licensing system."(b) The Congress further hereby declares that the purpose of this title [enacting this chapter and repealing sections 901 to 910 of Title 15, Commerce and Trade] is to cope with the conditions referred to in the foregoing subsection, and that it is not the purpose of this title [enacting this chapter and repealing sections 901 to 910 of Title 15] to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trap shooting, target shooting, personal protection, or any other lawful activity, and that this title [enacting this chapter and repealing sections 901 to 910 of Title 15] is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title [enacting this chapter and repealing sections 901 to 910 of Title 15]."
ADMINISTRATION AND ENFORCEMENT Pub. L. 90-618, title I, §103, Oct. 22, 1968, 82 Stat. 1226, as amended by Pub. L. 107-296, §1112, 116 Stat. 2279, provided that: "The administration and enforcement of the amendment made by this title [amending this chapter] shall be vested in the Attorney General."Pub. L. 90-351, title IV, §903, June 19, 1968, 82 Stat. 234, provided that: "The administration and enforcement of the amendment made by this title [enacting this chapter and provisions set out as notes under this section] shall be vested in the Secretary of the Treasury [now Attorney General]."
MODIFICATION OF OTHER LAWS Pub. L. 90-618, title I, §104, Oct. 22, 1968, 82 Stat. 1226, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "Nothing in this title or the amendment made thereby [amending this chapter] shall be construed as modifying or affecting any provision of- "(a) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1986) [section 5801 et seq. of Title 26, Internal Revenue Code];"(b) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), as amended, relating to munitions control; or "(c) section 1715 of title 18, United States Code, relating to nonmailable firearms."Pub. L. 90-351, title IV, §904, June 19, 1968, 82 Stat. 234, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "Nothing in this title or amendment made thereby [enacting this chapter and provisions set out as notes under this section] shall be construed as modifying or affecting any provision of- "(a) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1986) [section 5801 et seq. of Title 26, Internal Revenue Code]; or"(b) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), as amended, relating to munitions control; or "(c) section 1715 of title 18, United States Code, relating to nonmailable firearms."
DEFINITION OF "HANDGUN"Pub. L. 99-408, §10, Aug. 28, 1986, 100 Stat. 922, provided that: "For purposes of section 921(a)(17)(B) of title 18, United States Code, as added by the first section of this Act, 'handgun' means any firearm including a pistol or revolver designed to be fired by the use of a single hand. The term also includes any combination of parts from which a handgun can be assembled."
EXECUTIVE DOCUMENTS
EX. ORD. NO. 14092. REDUCING GUN VIOLENCE AND MAKING OUR COMMUNITIES SAFEREx. Ord. No. 14092, Mar. 14, 2023, 88 F.R. 16527, provided:By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows:SECTION 1. Policy. Every few days in the United States, we mourn a new mass shooting. Daily acts of gun violence-including community violence, domestic violence, suicide, and accidental shootings-may not always make the evening news, but they too cut lives short and leave survivors and their communities with long-lasting physical and mental wounds. We cannot accept these facts as the enduring reality of life in America. Instead, we must together insist that we have had enough, and that we will no longer allow the interests of the gun manufacturers to win out over the safety of our children and Nation.It is the policy of my Administration that executive departments and agencies (agencies) will pursue every legally available and appropriate action to reduce gun violence. Through this whole-of-government approach, my Administration has made historic progress to save lives. My Administration has taken action to keep guns out of dangerous hands and especially dangerous weapons off of our streets; hold gun traffickers and rogue gun dealers accountable; fund accountable, effective community policing; and invest in community violence interventions and prevention strategies.Last year, I signed into law the Bipartisan Safer Communities Act [Pub. L. 117-159, see Tables for classification] (the "Act"), the most significant bipartisan gun safety legislation in nearly 30 years. The Act provides communities with new tools to combat gun violence, including enhanced gun background checks for individuals under age 21, funding for extreme risk protection orders and other crisis interventions, and increased mental health resources to help children impacted by gun violence heal from the resulting grief and trauma.I continue to call on the Congress to take additional action to reduce gun violence, including by banning assault weapons and high-capacity magazines, requiring background checks for all gun sales, requiring safe storage of firearms, funding my comprehensive Safer America Plan, and expanding community violence intervention and prevention strategies. In the meantime, my Administration will continue to do all that we can, within existing authority, to make our communities safer.SEC. 2. Implementation of the Bipartisan Safer Communities Act. The Attorney General, the Secretary of Health and Human Services, the Secretary of Education, and the Secretary of Homeland Security shall each submit a report to the President within 60 days of the date of this order [Mar. 14, 2023] describing what actions their respective agencies have taken to implement the Act, data and analysis regarding the use and early effects of the Act, and additional steps their respective agencies will take to maximize the benefits of the Act. These reports shall include a plan for increasing public awareness and use of resources made available by the Act.SEC. 3. Additional Agency Actions to Reduce Gun Violence. (a) The Attorney General shall develop and implement a plan to:(i) clarify the definition of who is engaged in the business of dealing in firearms, and thus required to become Federal firearms licensees (FFLs), in order to increase compliance with the Federal background check requirement for firearm sales, including by considering a rulemaking, as appropriate and consistent with applicable law;(ii) prevent former FFLs whose licenses have been revoked or surrendered from continuing to engage in the business of dealing in firearms;(iii) publicly release, to the fullest extent permissible by law, inspection reports of FFL dealers cited for violations of the law; and(iv) support efforts to modernize and make permanent the Undetectable Firearms Act [of 1988] ([enacting] 18 U.S.C. 922(p)).(b) The Secretary of Defense; the Attorney General; the Secretary of Homeland Security; the Secretary of Health and Human Services, including through the Surgeon General of the United States; the Secretary of Education; and the Secretary of Veterans Affairs shall expand existing Federal campaigns and other efforts to promote safe storage of firearms.(c) The Secretary of Defense; the Attorney General; the Secretary of Homeland Security; the Secretary of Health and Human Services, including through the Surgeon General of the United States; and the Secretary of Education shall undertake efforts to encourage effective use of extreme risk protection orders ("red flag" laws), partnering with law enforcement, health care providers, educators, and other community leaders.(d) The Attorney General; the Secretary of Health and Human Services, including through the Surgeon General of the United States; the Secretary of Education; the Secretary of Homeland Security; the Director of the Office of Management and Budget; and the heads of other agencies, as appropriate, shall develop a proposal for the President, and submit it no later than September 15, 2023, on how the Federal Government can better support the recovery, mental health, and other needs of survivors of gun violence, families of victims and survivors of gun violence, first responders to incidents of gun violence, and communities affected by gun violence. The proposal should draw on existing evidence, where available, and take into account how to address needs in both the immediate aftermath of mass shootings and in the years following such events. The proposal should recommend any additional executive branch coordination and additional resources or authorities from the Congress needed to implement the proposal, as well as how agencies will assess the outcomes for the activities implemented.(e) The Secretary of Defense, in consultation with the Attorney General and the Secretary of Homeland Security, shall develop and implement principles to further firearm and public safety practices through the Department of Defense's acquisition of firearms, consistent with applicable law.(f) The heads of Federal law enforcement agencies shall, as soon as practicable, but no later than 180 days from the date of this order, ensure that their respective law enforcement components issue National Integrated Ballistic Information Network (NIBIN) submission and utilization policies with requirements that are equivalent to, or exceed, the requirements of the policy issued by the Department of Justice on December 12, 2022, to ensure the prompt entry of ballistics data recovered in connection with criminal investigations into NIBIN. In consultation with the Department of Justice, the Department of Defense policies may be tailored to address specific operational considerations.(g) The Secretary of Transportation, in consultation with the Department of Justice, shall work to reduce the loss or theft of firearms during shipment between FFLs and to improve reporting of such losses or thefts, including by engaging with carriers and shippers.(h) The Federal Trade Commission is encouraged to issue a public report analyzing how gun manufacturers market firearms to minors and how such manufacturers market firearms to civilians, including through the use of military imagery.SEC. 4. Definitions. For purposes of this order, the term "Federal law enforcement agency" means an organizational unit or subunit of the executive branch that employs officers who are authorized to make arrests and carry firearms, and that is responsible for the prevention, detection, and investigation of crime or the apprehension of alleged offenders. The term "heads of Federal law enforcement agencies" means the heads of those units or subunits.SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:(i) the authority granted by law to an executive department or agency, or the head thereof; or(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.J.R. Biden, Jr.