|
Online Attorney
e
kept in the records of a person licensed under this chapter, or in
applying for any license or exemption or relief from disability
under the provisions of this chapter, shall be fined not more than
$5,000, or imprisoned not more than five years, or both, and shall
become eligible for parole as the Board of Parole shall determine."
Subsec. (c)(1). Pub. L. 99-308, Sec. 104(a)(2)(C)-(E), designated
existing provision as par. (1), and substituted "violence or drug
trafficking crime," for "violence" in four places and inserted ",
and if the firearm is a machinegun, or is equipped with a firearm
silencer or firearm muffler, to imprisonment for ten years" after
"five years", ", and if the firearm is a machinegun, or is equipped
with a firearm silencer or firearm muffler, to imprisonment for
twenty years" after "ten years", and "or drug trafficking crime"
before "in which the firearm was used or carried".
Subsec. (c)(2), (3). Pub. L. 99-308, Sec. 104(a)(2)(F), added
pars. (2) and (3).
Subsec. (d). Pub. L. 99-308, Sec. 104(a)(3), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "Any
firearm or ammunition involved in or used or intended to be used
in, any violation of the provisions of this chapter or any rule or
regulation promulgated thereunder, or any violation of any other
criminal law of the United States, shall be subject to seizure and
forfeiture and all provisions of the Internal Revenue Code of 1954
relating to the seizure, forfeiture, and disposition of firearms,
as defined in section 5845(a) of that Code, shall, so far as
applicable, extend to seizures and forfeitures under the provisions
of this chapter."
Subsec. (d)(1). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Subsec. (e). Pub. L. 99-308, Sec. 104(a)(4), added subsec. (e).
Subsec. (e)(1). Pub. L. 99-570, Sec. 1402(a), substituted "for a
violent felony or a serious drug offense, or both" for "for robbery
or burglary, or both".
Subsec. (e)(2). Pub. L. 99-570, Sec. 1402(b), amended par. (2)
generally, substituting provisions defining terms "serious drug
offense" and "violent felony" for provisions defining "robbery" and
"burglary".
1984 - Subsec. (a). Pub. L. 98-473, Sec. 223(a), which directed
amendment of subsec. (a) by striking out ", and shall become
eligible for parole as the Board of Parole shall determine"
effective Nov. 1, 1987, pursuant to section 235 of Pub. L. 98-473,
as amended, could not be executed because quoted language no longer
appears due to general amendment of subsec. (a) by Pub. L. 99-308,
Sec. 104(a)(1). See 1986 Amendment note above.
Subsec. (c). Pub. L. 98-473, Sec. 1005(a), amended subsec. (c)
generally, substituting provisions setting forth mandatory,
determinate sentence for persons who use or carry firearms during
and in relation to any Federal crime of violence for provisions
setting out a minimum sentencing scheme for the use or carrying,
unlawfully, of a firearm during a Federal felony.
1971 - Subsec. (c). Pub. L. 91-644, in first sentence,
substituted "felony for which he" for "felony which" in items (1)
and (2) and inserted ", in addition to the punishment provided for
the commission of such felony," before "be sentenced", and in
second sentence substituted "for not less than two nor more than
twenty-five years" for "for not less than five years nor more than
25 years", inserted "in the case of a second or subsequent
conviction" after "suspend the sentence", and prohibited term of
imprisonment imposed under this subsec. to run concurrently with
any term for commission of the felony.
1968 - Subsec. (a). Pub. L. 90-618 inserted provision authorizing
the Board of Parole to grant parole to a person convicted under
this chapter.
Subsec. (b). Pub. L. 90-618 inserted "or any ammunition" after "a
firearm".
Subsecs. (c), (d). Pub. L. 90-618 added subsec. (c), redesignated
former subsec. (c) as (d), and as so redesignated, substituted
"section 5845(a) of that Code" for "section 5848(1) of said Code".
EFFECTIVE DATE OF 1996 AMENDMENT
Section 603(m)(2) of Pub. L. 104-294 provided that: "The
amendments made by paragraph (1) [amending this section] shall take
effect as if the amendments had been included in section 110507 of
the Act referred to in paragraph (1) [Pub. L. 103-322] on the date
of the enactment of such Act [Sept. 13, 1994]."
Section 603(p)(2) of Pub. L. 104-294 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if the amendment had been included in section
110102(c)(2) of the Act referred to in paragraph (1) [Pub. L.
103-322] on the date of the enactment of such Act [Sept. 13,
1994]."
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT
Amendment by sections 110102(c) and 110103(c) of Pub. L. 103-322
repealed 10 years after Sept. 13, 1994, see section 110105(2) of
Pub. L. 103-322, set out as a note under section 921 of this title.
Section 330011(i) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section
3528 of Pub. L. 101-647 took effect.
Section 330011(j) of Pub. L. 103-322 provided that the amendment
made by that section is effective as of the date on which section
3527 of Pub. L. 101-647 took effect.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 1702(b)(3) of Pub. L. 101-647 applicable to
conduct engaged in after end of 60-day period beginning on Nov. 29,
1990, see section 1702(b)(4) of Pub. L. 101-647, set out as a note
under section 921 of this title.
Section 2203(d) of Pub. L. 101-647 provided that the amendment by
that section is effective with respect to any offense committed
after Nov. 1, 1987.
EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET PROVISION
Amendment by section 2(b) of Pub. L. 100-649 effective 30th day
beginning after Nov. 10, 1988, and amendment by section 2(f)(2)(B),
(D) effective 25 years after such effective date, see section 2(f)
of Pub. L. 100-649, as amended, set out as a note under section 922
of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-308 effective 180 days after May 19,
1986, see section 110(a) of Pub. L. 99-308, set out as a note under
section 921 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 223(a) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking
effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
set out as an Effective Date note under section 3551 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section
105 of Pub. L. 90-618, set out as a note under section 921 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 844, 1028, 1956, 2516,
3142, 3559, 3592, 4042, 5032 of this title; title 8 section 1101;
title 42 sections 3796ll-3, 13726a.
-End-
-CITE-
18 USC Sec. 925 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
-HEAD-
Sec. 925. Exceptions: Relief from disabilities
-STATUTE-
(a)(1) The provisions of this chapter, except for sections
922(d)(9) and 922(g)(9) and provisions relating to firearms subject
to the prohibitions of section 922(p), shall not apply with 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 agency thereof or any State or any department,
agency, or political subdivision thereof.
(2) The provisions of this chapter, except for provisions
relating to firearms subject to the prohibitions of section 922(p),
shall not apply with respect to (A) the shipment or receipt of
firearms or ammunition when sold or issued by the Secretary of the
Army pursuant to section 4308 of title 10 before the repeal of such
section by section 1624(a) of the Corporation for the Promotion of
Rifle Practice and Firearms Safety Act, and (B) the transportation
of any such firearm or ammunition carried out to enable a person,
who lawfully received such firearm or ammunition from the Secretary
of the Army, to engage in military training or in competitions.
(3) Unless otherwise prohibited by this chapter, except for
provisions relating to firearms subject to the prohibitions of
section 922(p), or any other Federal law, a licensed importer,
licensed manufacturer, or licensed dealer may ship to a member of
the United States Armed Forces on active duty outside the United
States or to clubs, recognized by the Department of Defense, whose
entire membership is composed of such members, and such members or
clubs may receive a firearm or ammunition determined by the
Attorney General to be generally recognized as particularly
suitable for sporting purposes and intended for the personal use of
such member or club.
(4) When established to the satisfaction of the Attorney General
to be consistent with the provisions of this chapter, except for
provisions relating to firearms subject to the prohibitions of
section 922(p), and other applicable Federal and State laws and
published ordinances, the Attorney General may authorize the
transportation, shipment, receipt, or importation into the United
States to the place of residence of any member of the United States
Armed Forces who is on active duty outside the United States (or
who has been on active duty outside the United States within the
sixty day period immediately preceding the transportation,
shipment, receipt, or importation), of any firearm or ammunition
which is (A) determined by the Attorney General to be generally
recognized as particularly suitable for sporting purposes, or
determined by the Department of Defense to be a type of firearm
normally classified as a war souvenir, and (B) intended for the
personal use of such member.
(5) For the purpose of paragraph (3) of this subsection, the term
"United States" means each of the several States and the District
of Columbia.
(b) A licensed importer, licensed manufacturer, licensed dealer,
or licensed collector who is indicted for a crime punishable by
imprisonment for a term exceeding one year, may, notwithstanding
any other provision of this chapter, continue operation pursuant to
his existing license (if prior to the expiration of the term of the
existing license timely application is made for a new license)
during the term of such indictment and until any conviction
pursuant to the indictment becomes final.
(c) A person who is prohibited from possessing, shipping,
transporting, or receiving firearms or ammunition may make
application to the Attorney General for relief from the
disabilities imposed by Federal laws with respect to the
acquisition, receipt, transfer, shipment, transportation, or
possession of firearms, and the Attorney General may grant such
relief if it is established to his satisfaction that the
circumstances regarding the disability, and the applicant's record
and reputation, are such that the applicant will not be likely to
act in a manner dangerous to public safety and that the granting of
the relief would not be contrary to the public interest. Any person
whose application for relief from disabilities is denied by the
Attorney General may file a petition with the United States
district court for the district in which he resides for a judicial
review of such denial. The court may in its discretion admit
additional evidence where failure to do so would result in a
miscarriage of justice. A licensed importer, licensed manufacturer,
licensed dealer, or licensed collector conducting operations under
this chapter, who makes application for relief from the
disabilities incurred under this chapter, shall not be barred by
such disability from further operations under his license pending
final action on an application for relief filed pursuant to this
section. Whenever the Attorney General grants relief to any person
pursuant to this section he shall promptly publish in the Federal
Register notice of such action, together with the reasons therefor.
(d) The Attorney General shall authorize a firearm or ammunition
to be imported or brought into the United States or any possession
thereof if the firearm or ammunition -
(1) is being imported or brought in for scientific or research
purposes, or is for use in connection with competition or
training pursuant to chapter 401 of title 10;
(2) is an unserviceable firearm, other than a machinegun as
defined in section 5845(b) of the Internal Revenue Code of 1986
(not readily restorable to firing condition), imported or brought
in as a curio or museum piece;
(3) is of a type that does not fall within the definition of a
firearm as defined in section 5845(a) of the Internal Revenue
Code of 1986 and is generally recognized as particularly suitable
for or readily adaptable to sporting purposes, excluding surplus
military firearms, except in any case where the Attorney General
has not authorized the importation of the firearm pursuant to
this paragraph, it shall be unlawful to import any frame,
receiver, or barrel of such firearm which would be prohibited if
assembled; or
(4) was previously taken out of the United States or a
possession by the person who is bringing in the firearm or
ammunition.
The Attorney General shall permit the conditional importation or
bringing in of a firearm or ammunition for examination and testing
in connection with the making of a determination as to whether the
importation or bringing in of such firearm or ammunition will be
allowed under this subsection.
(e) Notwithstanding any other provision of this title, the
Attorney General shall authorize the importation of, by any
licensed importer, the following:
(1) All rifles and shotguns listed as curios or relics by the
Attorney General pursuant to section 921(a)(13), and
(2) All handguns, listed as curios or relics by the Attorney
General pursuant to section 921(a)(13), provided that such
handguns are generally recognized as particularly suitable for or
readily adaptable to sporting purposes.
(f) The Attorney General shall not authorize, under subsection
(d), the importation of any firearm the importation of which is
prohibited by section 922(p).
-SOURCE-
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
233; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1224; Pub. L. 98-573, title II, Sec. 233, Oct. 30, 1984, 98
Stat. 2991; Pub. L. 99-308, Sec. 105, May 19, 1986, 100 Stat. 459;
Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
100-649, Sec. 2(c), (f)(2)(C), (E), Nov. 10, 1988, 102 Stat. 3817,
3818; Pub. L. 101-647, title XXII, Sec. 2203(b), (c), Nov. 29,
1990, 104 Stat. 4857; Pub. L. 104-106, div. A, title XVI, Sec.
1624(b)(3), Feb. 10, 1996, 110 Stat. 522; Pub. L. 104-208, div. A,
title I, Sec. 101(f) [title VI, Sec. 658(d)], Sept. 30, 1996, 110
Stat. 3009-314, 3009-372; Pub. L. 104-294, title VI, Sec. 607(c),
Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107-296, title XI, Sec.
1112(f)(6), Nov. 25, 2002, 116 Stat. 2276; Pub. L. 108-174, Sec.
1(3), Dec. 9, 2003, 117 Stat. 2481.)
-STATAMEND-
AMENDMENT OF SECTION
Pub. L. 100-649, Sec. 2(f)(2)(C), (E), Nov. 10, 1988, 102 Stat.
3818, as amended by Pub. L. 105-277, div. A, Sec. 101(h) [title VI,
Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528; Pub. L.
108-174, Sec. 1(1), (3), Dec. 9, 2003, 117 Stat. 2481, provided
that, effective 25 years after the 30th day beginning after Nov.
10, 1988, subsection (a) of this section is amended by striking
"and provisions relating to firearms subject to the prohibitions of
section 922(p)" in par. (1), striking ", except for provisions
relating to firearms subject to the prohibitions of section
922(p)," in par. (2), and striking "except for provisions relating
to firearms subject to the prohibitions of section 922(p)," in
pars. (3) and (4) and subsection (f) of this section is repealed.
-REFTEXT-
REFERENCES IN TEXT
Section 4308 of title 10 before the repeal of such section by
section 1624(a) of the Corporation for the Promotion of Rifle
Practice and Firearms Safety Act, referred to in subsec. (a)(2)(A),
means section 4308 of Title 10, Armed Forces, prior to repeal by
section 1624(a)(1) of Pub. L. 104-106, div. A, title XVI, Feb. 10,
1996, 110 Stat. 522.
Section 5845(b) of the Internal Revenue Code of 1986, referred to
in subsec. (d)(2), is classified to section 5845(b) of Title 26,
Internal Revenue Code.
Section 5845(a) of the Internal Revenue Code of 1986, referred to
in subsec. (d)(3), is classified to section 5845(a) of Title 26.
-MISC1-
AMENDMENTS
2002 - Subsecs. (a), (c) to (f). Pub. L. 107-296, which directed
amendment of this section by substituting "Attorney General" for
"Secretary" wherever appearing, was executed by making the
substitution wherever appearing in subsecs. (a)(4) and (c) to (f),
by not making the substitution for "Secretary of the Army" in
subsec. (a)(2), and by substituting "Attorney General" for
"Secretary of the Treasury" in subsec. (a)(3), to reflect the
probable intent of Congress.
1996 - Subsec. (a)(1). Pub. L. 104-208 inserted "sections
922(d)(9) and 922(g)(9) and" after "except for".
Subsec. (a)(2)(A). Pub. L. 104-106 inserted "before the repeal of
such section by section 1624(a) of the Corporation for the
Promotion of Rifle Practice and Firearms Safety Act" after "section
4308 of title 10".
Subsec. (a)(5). Pub. L. 104-294 substituted "For the purpose of
paragraph (3)" for "For the purpose of paragraphs (3) and (4)".
1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 2203(b), inserted
"possession," before "or importation".
Subsec. (c). Pub. L. 101-647, Sec. 2203(c), substituted
"regarding the disability" for "regarding the conviction" and
"barred by such disability" for "barred by such conviction" and
struck out "by reason of such a conviction" after "incurred under
this chapter".
1988 - Subsec. (a). Pub. L. 100-649, Sec. 2(c)(1), inserted ",
except for provisions relating to firearms subject to the
prohibitions of section 922(p)," after "chapter" in pars. (1) to
(4).
Subsec. (f). Pub. L. 100-649, Sec. 2(c)(2), added subsec. (f).
1986 - Subsec. (c). Pub. L. 99-308, Sec. 105(1), substituted "is
prohibited from possessing, shipping,
Online Attorney
Read this important disclaimer
If you experience unusual problems with this site please email the webmaster.
Copyright: David Matheny, 2006-2008.
|
|