1 So in original. Probably should be followed with “and”.
2 So in original. The word “who” probably should not appear.
has been discharged from the Armed Forces under dishonorable conditions;
3 So in original. Probably should be followed by “of”.
the House of Representatives and the Committee on the Judiciary of the Senate;
4 See References in Text note below.
) of the transferee containing a photograph of the transferee and a description of the identification used;
5 So in original. Probably should be followed by a comma.
local, or Tribal law, and the licensee transfers a firearm to such other person, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer.
Amendment of Section

For repeal of amendment by section 12001(a)(3) of Puspan. L. 117–159, see Effective and Termination Dates of 2022 Amendment note below.

Puspan. L. 100–649, § 2(f)(2)(A), Nov. 10, 1988, 102 Stat. 3818, as amended by Puspan. L. 105–277, div. A, § 101(h) [title VI, § 649], Oct. 21, 1998, 112 Stat. 2681–480, 2681–528; Puspan. L. 108–174, § 1(1), Dec. 9, 2003, 117 Stat. 2481; Puspan. L. 113–57, § 1, Dec. 9, 2013, 127 Stat. 656, provided that, effective on Mar. 8, 2031, subsection (p) of this section is repealed.

Editorial Notes
References in Text

The effective date of this chapter, referred to in subsec. (a)(3), is December 16, 1968.

Section 5845 of the Internal Revenue Code of 1986, referred to in subsecs. (a)(4) and (span)(4), is classified to section 5845 of Title 26, Internal Revenue Code.

For date this subsection takes effect, referred to in subsec. (o)(2)(B), as May 19, 1986, see Effective Date of 1986 Amendment note, set out below.

The date of the enactment of this subsection and the date of the enactment of the Undetectable Firearms Act of 1988, referred to in subsec. (p)(2)(C)(i), (6), respectively, are both the date of enactment of Puspan. L. 100–649, which enacted subsec. (p) of this section and which was approved Nov. 10, 1988.

The date of enactment of this subsection, referred to in subsec. (s)(1), is the date of enactment of Puspan. L. 103–159, which was approved Nov. 30, 1993.

Section 5812 of the Internal Revenue Code of 1986, referred to in subsecs. (s)(1)(E) and (t)(3)(B), is classified to section 5812 of Title 26, Internal Revenue Code.

Section 1028 of this title, referred to in subsec. (s)(3)(A), was subsequently amended, and section 1028(d)(1) no longer defines the term “identification document”. However, such term is defined elsewhere in that section.

Section 102 of the Controlled Substances Act, referred to in subsec. (s)(3)(B)(iii), is classified to section 802 of Title 21, Food and Drugs.

Section 103 of the Brady Handgun Violence Prevention Act, referred to in subsec. (t)(1), is section 103 of Puspan. L. 103–159, which is classified to section 40901 of Title 34, Crime Control and Law Enforcement.

Amendments

2022—Subsec. (d). Puspan. L. 117–159, § 12004(span)(3), in concluding provisions, substituted “This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (span) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.” for “This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (span) of section 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of this chapter.”

Puspan. L. 117–159, § 12001(a)(1)(A)(i), inserted “, including as a juvenile” after “such person” in introductory provisions.

Subsec. (d)(4). Puspan. L. 117–159, § 12001(a)(1)(A)(ii), inserted “at 16 years of age or older” after “institution”.

Subsec. (d)(10), (11). Puspan. L. 117–159, § 12004(span), added pars. (10) and (11).

Subsec. (t)(1)(B)(ii). Puspan. L. 117–159, § 12001(a)(1)(B)(i)(I)(aa), (3), temporarily inserted “subject to subparagraph (C),” before “3 business days”. See Effective and Termination Dates of 2022 Amendment note below.

Puspan. L. 117–103, § 1104(span)(1), inserted “, or State, local, or Tribal law” after “subsection (g) or (n) of this section”.

Subsec. (t)(1)(C), (D). Puspan. L. 117–159, § 12001(a)(1)(B)(i)(I)(bspan)–(III), (3), temporarily added subpar. (C) and redesignated former subpar. (C) as (D). See Effective and Termination Dates of 2022 Amendment note below.

Subsec. (t)(2). Puspan. L. 117–159, § 12001(a)(1)(B)(ii), (3), temporarily inserted “transfer or” before “receipt” and substituted “(d), (g), or (n) (as applicable)” for “(g) or (n)” in introductory provisions. See Effective and Termination Dates of 2022 Amendment note below.

Puspan. L. 117–103, § 1104(span)(2), inserted “, local or Tribal” after “State” in introductory provisions.

Subsec. (t)(4). Puspan. L. 117–159, § 12001(a)(1)(B)(iii), (3), temporariy inserted “transfer of a firearm to or” before “receipt” and substituted “(d), (g), or (n) (as applicable)” for “(g) or (n)”. See Effective and Termination Dates of 2022 Amendment note below.

Puspan. L. 117–103, § 1104(span)(3), inserted “local, or Tribal” after “State”.

Subsec. (t)(5). Puspan. L. 117–159, § 12001(a)(1)(B)(iv), (3), temporarily inserted “transfer of a firearm to or” before “receipt” and substituted “(d), (g), or (n) (as applicable)” for “(g) or (n)”. See Effective and Termination Dates of 2022 Amendment note below.

Puspan. L. 117–103, § 1104(span)(4), inserted “local, or Tribal” after “State”.

2015—Subsec. (z)(2)(B). Puspan. L. 114–94 substituted “directly employed by or contracted by” for “employed by”.

2005—Subsec. (a)(7), (8). Puspan. L. 109–92, § 6(a), added pars. (7) and (8) and struck out former pars. (7) and (8) which related to prohibitions on the manufacture, importation, sale, and delivery of armor piercing ammunition.

Subsec. (z). Puspan. L. 109–92, § 5(c)(1), added subsec. (z).

2002—Subsecs. (a) to (c), (p)(2) to (4). Puspan. L. 107–296, § 1112(f)(6), substituted “Attorney General” for “Secretary” wherever appearing.

Subsec. (p)(5)(A). Puspan. L. 107–296, § 1112(f)(4), substituted “after consultation with the Attorney General” for “after consultation with the Secretary”.

Subsecs. (r), (s). Puspan. L. 107–296, § 1112(f)(6), substituted “Attorney General” for “Secretary” wherever appearing.

Subsec. (t)(1)(C). Puspan. L. 107–273 substituted “1028(d)” for “1028(d)(1)”.

Subsecs. (t)(3), (5), (v), (w). Puspan. L. 107–296, § 1112(f)(6), substituted “Attorney General” for “Secretary” wherever appearing.

1998—Subsec. (d)(5). Puspan. L. 105–277, § 101(span) [title I, § 121(1)], added par. (5) and struck out former par. (5) which read as follows: “who, being an alien, is illegally or unlawfully in the United States;”.

Subsec. (g)(5). Puspan. L. 105–277, § 101(span) [title I, § 121(2)], added par. (5) and struck out former par. (5) which read as follows: “who, being an alien, is illegally or unlawfully in the United States;”.

Subsec. (s)(3)(B)(v). Puspan. L. 105–277, § 101(span) [title I, § 121(3)], added cl. (v) and struck out former cl. (v) which read as follows: “is not an alien who is illegally or unlawfully in the United States;”.

Subsec. (y). Puspan. L. 105–277, § 101(span) [title I, § 121(4)], added subsec. (y).

1996—Puspan. L. 104–294, § 603(g), amended Appendix A by substituting “Uberti 1866 Sporting Rifle” for “Uberti 1866 Sporting Rilfe” in category designated “Centerfire Rifles—Lever & Slide”, “Sako FiberClass Sporter” for “Sako Fiberclass Sporter” in category designated “Centerfire Rifles—Bolt Action”, “Remington 870 SPS Special Purpose Magspan” for “Remington 879 SPS Special Purpose Magspan” in category designated “Shotguns—Slide Actions”, and “E.A.A./Sabatti Falcon-Mon Over/Under” for “E.A.A/Sabatti Falcon-Mon Over/Under” in category designated “Shotguns—Over/Unders”.

Subsec. (d)(9). Puspan. L. 104–208, § 101(f) [§ 658(span)(1)], added par. (9).

Subsec. (g)(7). Puspan. L. 104–208, § 101(f) [§ 658(span)(2)(A)], struck out “or” at end.

Subsec. (g)(8)(C)(ii). Puspan. L. 104–294, § 603(span), which directed the amendment of cl. (ii) by substituting a semicolon for the comma at end, could not be executed because of the prior amendment by Puspan. L. 104–208, § 101(f) [§ 658(span)(2)]. See below.

Puspan. L. 104–208, § 101(f) [§ 658(span)(2)(B)], substituted “; or” for comma at end.

Subsec. (g)(9). Puspan. L. 104–208, § 101(f) [§ 658(span)(2)(C)], added par. (9).

Subsec. (q). Puspan. L. 104–208, § 101(f) [title VI, § 657], amended subsec. (q) generally. Prior to amendment, subsec. (q) made it unlawful, with certain exceptions, for an individual knowingly to possess a firearm at a place that the individual knew, or had reasonable cause to believe, was a school zone or knowingly, or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm at a place that the individual knew was a school zone.

Subsec. (s)(1). Puspan. L. 104–294, § 603(c)(1), amended directory language of Puspan. L. 103–322, § 320927. See 1994 Amendment note below.

Subsec. (s)(3)(B)(i). Puspan. L. 104–208, § 101(f) [title VI, § 658(span)(3)], inserted “, and has not been convicted in any court of a misdemeanor crime of domestic violence” before the semicolon.

Subsec. (t)(2). Puspan. L. 104–294, § 603(d), substituted “subsection (g) or (n)” for “section 922(g) or (n)” in introductory provisions.

Subsec. (w)(4). Puspan. L. 104–294, § 603(e), substituted “section 923(i) of this title” for “section 923(i) of title 18, United States Code,”.

Subsec. (x). Puspan. L. 104–294, § 603(f)(1), amended directory language of Puspan. L. 103–322, § 110201(a). See 1994 Amendment note below.

1994—Puspan. L. 103–322, § 110106, which added Appendix A specifying firearms that were not prohibited by subsec. (v)(1) at end of section, was repealed by Puspan. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.

Subsec. (a)(9). Puspan. L. 103–322, § 110514, added par. (9).

Subsec. (span)(1). Puspan. L. 103–322, § 330011(i), amended directory language of Puspan. L. 101–647, § 3524. See 1990 Amendment note below.

Subsec. (d)(8). Puspan. L. 103–322, § 110401(span), added par. (8).

Subsec. (g)(8). Puspan. L. 103–322, § 110401(c), added par. (8).

Subsec. (j). Puspan. L. 103–322, § 110511, amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “It shall be unlawful for any person to receive, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.”

Subsec. (q). Puspan. L. 103–322, § 320904, added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively.

Subsec. (s)(1). Puspan. L. 103–322, § 320927, as amended by Puspan. L. 104–294, § 603(c)(1), inserted “(other than the return of a handgun to the person from whom it was received)” after “handgun” in introductory provisions.

Subsec. (v). Puspan. L. 103–322, § 110102(a), which added subsec. (v) prohibiting the manufacture, transfer, or possession of automatic assault weapons, was repealed by Puspan. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.

Subsec. (w). Puspan. L. 103–322, § 110103(a), which added subsec. (w) prohibiting the transfer or possession of a large capacity ammunition feeding device, was repealed by Puspan. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.

Subsec. (x). Puspan. L. 103–322, § 110201(a), as amended by Puspan. L. 104–294, § 603(f)(1), added subsec. (x).

1993—Subsec. (e). Puspan. L. 103–159, § 302(a), inserted at end “No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.”

Subsec. (f). Puspan. L. 103–159, § 302(span), designated existing provisions as par. (1) and added par. (2).

Subsec. (s). Puspan. L. 103–159, § 102(a)(1), added subsec. (s).

Subsec. (t). Puspan. L. 103–159, § 102(span), added subsec. (t).

Subsec. (u). Puspan. L. 103–159, § 302(c), added subsec. (u).

1990—Subsec. (a)(5). Puspan. L. 101–647, § 2201, substituted “does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;” for “resides in any State other than that in which the transferor resides (or other than that in which its place of business is located if the transferor is a corporation or other business entity);”.

Subsec. (span)(1). Puspan. L. 101–647, § 3524, as amended by Puspan. L. 103–322, § 330011(i), substituted semicolon for period at end.

Subsec. (j). Puspan. L. 101–647, § 2202(a), substituted “which constitutes, or which has been shipped or transported in” for “or which constitutes”.

Subsec. (k). Puspan. L. 101–647, § 2202(span), inserted before period at end “or to possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce”.

Subsec. (q). Puspan. L. 101–647, § 1702(span)(1), added subsec. (q).

Subsec. (r). Puspan. L. 101–647, § 2204(span), added subsec. (r).

1988—Subsec. (g)(3). Puspan. L. 100–690 inserted “who” before “is”.

Subsec. (p). Puspan. L. 100–649 added subsec. (p).

1986—Subsec. (a)(1). Puspan. L. 99–308, § 102(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “for any person, except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms or ammunition, or in the course of such business to ship, transport, or receive any firearm or ammunition in interstate or foreign commerce;”.

Subsec. (a)(2). Puspan. L. 99–308, § 102(2)(A), in provision preceding subpar. (A) struck out “or ammunition” after “any firearm”.

Subsec. (a)(2)(A). Puspan. L. 99–308, § 102(2)(B), substituted “licensed dealer, or licensed collector” for “or licensed dealer for the sole purpose of repair or customizing”.

Subsec. (a)(3)(B). Puspan. L. 99–308, § 102(3), substituted “firearm” for “rifle or shotgun” and “with subsection (span)(3) of this section” for “with the provisions of subsection (span)(3) of this section”.

Subsec. (a)(4). Puspan. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Subsec. (a)(7), (8). Puspan. L. 99–408 added pars. (7) and (8).

Subsec. (span)(2). Puspan. L. 99–308, § 102(4)(A), struck out “or ammunition” after “firearm” in two places.

Subsec. (span)(3)(A). Puspan. L. 99–308, § 102(4)(B), inserted a new cl. (A) and struck out former cl. (A) which provided that par. (3) “shall not apply to the sale or delivery of a rifle or shotgun to a resident of a State contiguous to the State in which the licensee’s place of business is located if the purchaser’s State of residence permits such sale or delivery by law, the sale fully complies with the legal conditions of sale in both such contiguous States, and the purchaser and the licensee have, prior to the sale, or delivery for sale, of the rifle or shotgun, complied with all of the requirements of section 922(c) applicable to intrastate transactions other than at the licensee’s business premises,”.

Subsec. (span)(3)(B), (C). Puspan. L. 99–308, § 102(4)(C), (D), inserted “and” before “(B)” and struck out cl. (C), which provided that par. (3) “shall not preclude any person who is participating in any organized rifle or shotgun match or contest, or is engaged in hunting, in a State other than his State of residence and whose rifle or shotgun has been lost or stolen or has become inoperative in such other State, from purchasing a rifle or shotgun in such other State from a licensed dealer if such person presents to such dealer a sworn statement (i) that his rifle or shotgun was lost or stolen or became inoperative while participating in such a match or contest, or while engaged in hunting, in such other State, and (ii) identifying the chief law enforcement officer of the locality in which such person resides, to whom such licensed dealer shall forward such statement by registered mail”.

Subsec. (span)(4). Puspan. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Subsec. (span)(5). Puspan. L. 99–308, § 102(4)(E), substituted “or armor-piercing ammunition” for “or ammunition except .22 caliber rimfire ammunition”.

Subsec. (d). Puspan. L. 99–308, § 102(5)(A), substituted “person” for “licensed importer, licensed manufacturer, licensed dealer, or licensed collector” in provision preceding par. (1).

Subsec. (d)(3). Puspan. L. 99–308, § 102(5)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); or”.

Subsec. (d)(5) to (7). Puspan. L. 99–308, § 102(5)(C), (D), added pars. (5) to (7).

Subsec. (g). Puspan. L. 99–308, § 102(6)(D), in concluding provision substituted “in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce” for “any firearm or ammunition in interstate or foreign commerce”.

Subsec. (g)(1). Puspan. L. 99–308, § 102(6)(A), struck out “is under indictment for, or who” after “who”.

Subsec. (g)(3). Puspan. L. 99–308, § 102(6)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “who is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); or”.

Subsec. (g)(5) to (7). Puspan. L. 99–308, § 102(6)(C), added pars. (5) to (7).

Subsec. (h). Puspan. L. 99–308, § 102(7), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “It shall be unlawful for any person—

“(1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

“(2) who is a fugitive from justice;

“(3) who is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731(a) of the Internal Revenue Code of 1954); or

“(4) who has been adjudicated as a mental defective or who has been committed to any mental institution;

to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”

Subsec. (n). Puspan. L. 99–308, § 102(8), added subsec. (n).

Subsec. (o). Puspan. L. 99–308, § 102(9), added subsec. (o).

1982—Subsec. (span)(5). Puspan. L. 97–377 inserted “except .22 caliber rimfire ammunition” after “or ammunition”.

1968—Subsec. (a)(1). Puspan. L. 90–618 reenacted par. (1) without change.

Subsec. (a)(2). Puspan. L. 90–618 added licensed collectors to the enumerated list of licensees subject to the provisions of this chapter, struck out exemption for the shipment or transportation in interstate or foreign commerce for rifles or shotguns, and inserted exemption authorizing an individual to mail a lawfully owned firearm to the specified licensees for the sole purpose of repair or customizing.

Subsec. (a)(3). Puspan. L. 90–618 added licensed collectors to the enumerated list of licensees, struck out exemption for shotguns or rifles purchased or otherwise obtained outside the state of residence of the recipient, struck out provision making it unlawful for any person to purchase or otherwise obtain outside his state of residence any firearm which it would be unlawful for him to purchase or possess in that state, and provided for exemptions when any person outside of his state of residence acquires a firearm by bequest or interstate succession and transports the firearm or otherwise receives it in his state of residence, if it is lawful for such person to purchase or possess such firearm in his state of residence, when a rifle or shotgun is obtained in conformity with the provisions of subsec. (span)(3) of this section, and when any firearm has been acquired in any state prior to the effective date of this chapter.

Subsec. (a)(4). Puspan. L. 90–618 added licensed collectors to the enumerated list of licensees, and provided that the transporting of the specified articles be authorized by the Secretary when consistent with public safety and necessity.

Subsec. (a)(5). Puspan. L. 90–618 added licensed collectors to the enumerated list of exempted licensees, prohibited the transfer, etc., of any firearm when the transferor has reasonable cause to believe that the transferee resides in a State other than that in which the transferor resides, and substituted provisions which exempted the transfer, transportation, or delivery of firearms incident to a bequest or intestate succession and the loan or rental of firearms to any person for temporary use for lawful sporting purposes for provisions which exempted the transfer of shotguns or rifles and prohibited the transfer, etc., of any firearm which the transferee could not lawfully purchase or possess in accord with the applicable laws, regulations or ordinances of the state or political subdivision in which the transferee resides.

Subsec. (a)(6). Puspan. L. 90–618 added licensed collectors to the enumerated list of licensees, and extended the provisions to include the acquisition or attempted acquisition of ammunition.

Subsec. (span). Puspan. L. 90–618, in provision preceding par. (1), added licensed collectors to the enumerated list of licensees.

Subsec. (span)(1). Puspan. L. 90–618 substituted provisions making it unlawful to sell or deliver any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than 18, and to sell or deliver any firearm, other than a rifle or shotgun, or ammunition, other than ammunition for a rifle or shotgun, to any individual who the licensee knows or has reasonable cause to believe is less than 21, for provisions making it unlawful to sell or deliver any firearm to any individual who the licensee knows or has reasonable cause to believe is less than 21, if the firearm is other than a shotgun or rifle.

Subsec. (span)(2). Puspan. L. 90–618 extended the prohibition to include the sale or delivery of ammunition to any person where the purchase or possession by such person of such ammunition would be unlawful, and struck out “or in the locality in which such person resides” after “or other disposition,”.

Subsec. (span)(3). Puspan. L. 90–618 inserted the exemptions to the prohibition against the sale or delivery of any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in the state in which the licensee’s place of business is located.

Subsec. (span)(4). Puspan. L. 90–618 substituted provisions making it unlawful to sell or deliver any of the specified articles, except as specifically authorized by the Secretary as consistent with public safety and necessity, for provisions making it unlawful to sell or deliver any of the specified articles, unless the transferor has obtained a sworn statement executed by the principal law enforcement officer of the locality in which the transferee resides stating that such person’s receipt or possession would not be unlawful, and that the receipt or possession is intended for lawful purposes, with such sworn statement to be retained by the licensee as part of the records required to be kept under this chapter.

Subsec. (span)(5). Puspan. L. 90–618 extended the prohibition to include the sale or delivery of ammunition and, in the material following subsec. (span)(5), added licensed collectors to the enumerated list of licensees, and the provision that subsec. (span)(4) shall not apply to a sale or delivery to any research organization designated by the Secretary.

Subsecs. (c), (d). Puspan. L. 90–618 added subsec. (c), redesignated former subsec. (c) as (d), added licensed collectors to the enumerated list of licensees, extended the prohibition against disposal of firearms or ammunition to include the disposal by any person who is an unlawful user of or addicted to marihuana or any depressant, stimulant, or narcotic drug, or any person who has been adjudicated a mental defective or has been committed to any mental institution, and inserted “or ammunition” after “the sale or disposition of a firearm”. Former subsec. (d) redesignated (f).

Subsec. (e). Puspan. L. 90–618 added subsec. (e). Former subsec. (e) redesignated (g).

Subsec. (f). Puspan. L. 90–618 redesignated former subsec. (d) as (f) and extended the prohibition against transportation or delivery to include ammunition. Former subsec. (f) redesignated (h).

Subsec. (g). Puspan. L. 90–618 redesignated former subsec. (e) as (g) and extended the prohibition against the shipment or transportation of firearms or ammunition to include the shipment or transportation by any persons who is an unlawful user of or addicted to marihuana or any depressant, stimulant, or narcotic drug, or any person who has been adjudicated a mental defective or has been committed to a mental institution. Former subsec. (g) redesignated (i).

Subsec. (h). Puspan. L. 90–618 redesignated former subsec. (f) as (h) and extended the prohibition against the receipt of any firearms or ammunition to include the receipt by any person who is an unlawful user of or addicted to marihuana or any depressant, stimulant, or narcotic drug, or any person who has been adjudicated a mental defective or has been committed to any mental institution. Former subsec. (h) redesignated (j).

Subsec. (i). Puspan. L. 90–618 redesignated former subsec. (g) as (i) and substituted “that the firearm or ammunition was” for “the same to have been”. Former subsec. (i) redesignated (k).

Subsec. (j). Puspan. L. 90–618 redesignated former subsec. (h) as (j) and substituted “which is moving as, which is a part of,” for “moving as or which is a part of” and “that the firearm or ammunition was” for “the same to have been”. Former subsec. (j) redesignated (l).

Subsec. (k). Puspan. L. 90–618 redesignated former subsec. (i) as (k). Former subsec. (k) redesignated (m).

Subsec. (l). Puspan. L. 90–618 redesignated former subsec. (j) as (l).

Subsec. (m). Puspan. L. 90–618 redesignated former subsec. (k) as (m) and added licensed collectors to the enumerated list of licensees.

Statutory Notes and Related Subsidiaries
Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (span) of Puspan. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.

Post Office Department, referred to in subsec. (c)(2), redesignated United States Postal Service pursuant to Puspan. L. 91–375, § 6(o), Aug. 12, 1970, 84 Stat. 733, set out as a note preceding section 101 of Title 39, Postal Service.

Effective and Termination Dates of 2022 Amendment

Puspan. L. 117–159, div. A, title II, § 12001(a)(3), June 25, 2022, 136 Stat. 1324, provided that: “Effective on September 30, 2032, paragraphs (1)(B) and (2) [amending this section and section 40901 of Title 34, Crime Control and Law Enforcement] are repealed, and the provisions of law amended by those paragraphs are restored as if those paragraphs had not been enacted.”

Amendment by Puspan. 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 Puspan. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2005 Amendment

Puspan. L. 109–92, § 5(d), Oct. 26, 2005, 119 Stat. 2101, provided that: “This section [amending this section and section 924 of this title and enacting provisions set out as notes under this section and section 921 of this title] and the amendments made by this section shall take effect 180 days after the date of enactment of this Act [Oct. 26, 2005].”

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Puspan. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date of 1996 Amendment

Puspan. L. 104–294, title VI, § 603(c)(2), Oct. 11, 1996, 110 Stat. 3503, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if the amendment had been included in section 320927 of the Act referred to in paragraph (1) [Puspan. L. 103–322] on the date of the enactment of such Act [Sept. 13, 1994].”

Puspan. L. 104–294, title VI, § 603(f)(2), Oct. 11, 1996, 110 Stat. 3503, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if the amendment had been included in section 110201 of the Act referred to in paragraph (1) [Puspan. L. 103–322] on the date of the enactment of such Act [Sept. 13, 1994].”

Puspan. L. 104–294, title VI, § 603(i)(2), Oct. 11, 1996, 110 Stat. 3504, which provided that the amendment made by section 603(i)(1) of Puspan. L. 104–294, which amended provisions that have been editorially reclassified as sections 40302 and 40901 of Title 34, Crime Control and Law Enforcement, was to take effect as if the amendment had been included in section 210603(span) of Puspan. L. 103–322 on Sept. 13, 1994, was editorially reclassified and is set out as a note under section 40302 of Title 34.

Effective and Termination Dates of 1994 Amendment

Amendment by sections 110102(a), 110103(a), and 110106 of Puspan. L. 103–322 repealed 10 years after Sept. 13, 1994, see section 110105(2) of Puspan. L. 103–322, formerly set out as a note under section 921 of this title.

Puspan. L. 103–322, title XXXIII, § 330011(i), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by that section is effective as of the date on which section 3524 of Puspan. L. 101–647 took effect.

Effective Date of 1990 Amendment

Amendment by section 1702(span)(1) of Puspan. L. 101–647 applicable to conduct engaged in after the end of the 60-day period beginning on Nov. 29, 1990, see section 1702(span)(4) of Puspan. L. 101–647, set out as a note under section 921 of this title.

Effective Date of 1988 Amendment; Sunset Provision

Puspan. L. 100–649, § 2(f), Nov. 10, 1988, 102 Stat. 3818, as amended by Puspan. L. 101–647, title XXXV, § 3526(span), Nov. 29, 1990, 104 Stat. 4924; Puspan. L. 105–277, div. A, § 101(h) [title VI, § 649], Oct. 21, 1998, 112 Stat. 2681–480, 2681–528; Puspan. L. 108–174, § 1, Dec. 9, 2003, 117 Stat. 2481; Puspan. L. 113–57, § 1, Dec. 9, 2013, 127 Stat. 656; Puspan. L. 118–42, div. G, title III, § 301, Mar. 9, 2024, 138 Stat. 451, provided that:

“(1)Effective date.—This Act and the amendments made by this Act [amending this section and sections 924 and 925 of this title and enacting provisions set out as notes under this section, section 921 of this title, and section 1356 of former Title 49, Transportation] shall take effect on the 30th day beginning after the date of the enactment of this Act [Nov. 10, 1988].
“(2) Sunset.—Effective on March 8, 2031
“(A) subsection (p) of section 922 of title 18, United States Code, is hereby repealed;
“(B) subsection (f) of section 924 of such title is hereby repealed and subsections (g) through (o) of such section are hereby redesignated as subsections (f) through (n), respectively;
“(C) subsection (f) of section 925 of such title is hereby repealed;
“(D) section 924(a)(1) of such title is amended by striking ‘this subsection, subsection (span), (c), or (f) of this section, or in section 929’ and inserting ‘this chapter’; and
“(E) section 925(a) of such title is amended—
“(i) in paragraph (1), by striking ‘and provisions relating to firearms subject to the prohibitions of section 922(p)’; and
“(ii) in paragraph (2), by striking ‘, except for provisions relating to firearms subject to the prohibitions of section 922(p),’; and
“(iii) in each of paragraphs (3) and (4), by striking ‘except for provisions relating to firearms subject to the prohibitions of section 922(p),’.”

Effective Date of 1986 Amendment

Amendment by section 102(1)–(8) of Puspan. L. 99–308 effective 180 days after May 19, 1986, and amendment by section 102(9) of Puspan. L. 99–308 effective May 19, 1986, see section 110(a), (c) of Puspan. L. 99–308, set out as a note under section 921 of this title.

Effective Date of 1968 Amendment

Amendment by Puspan. L. 90–618 effective Dec. 16, 1968, except subsec. (l) effective Oct. 22, 1968, see section 105 of Puspan. L. 90–618, set out as a note under section 921 of this title.

Effective Date

Section effective 180 days after June 19, 1968, see section 907 of Puspan. L. 90–351, set out as a note under section 921 of this title.

Rule of Construction

Puspan. L. 117–159, div. A, title II, § 12004(k), June 25, 2022, 136 Stat. 1332, provided that: “Nothing in this section [enacting sections 932 to 934 of this title, amending this section, sections 924, 1956, 1961, and 2516 of this title, section 240 of Title 6, Domestic Security, section 534 of Title 28, Judiciary and Judicial Procedure, and section 40901 of Title 34, Crime Control and Law Enforcement, and enacting provisions set out as notes under sections 509 and 534 of Title 28, listed in a table relating to sentencing guidelines set out under section 994 of Title 28, and set out as a note preceding section 41101 of Title 34], or an amendment made by this section, shall be construed to allow the establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions.”

Purposes

Puspan. L. 109–92, § 5(span), Oct. 26, 2005, 119 Stat. 2099, provided that: “The purposes of this section [amending this section and section 924 of this title and enacting provisions set out as notes under this section and section 921 of this title] are—

“(1) to promote the safe storage and use of handguns by consumers;
“(2) to prevent unauthorized persons from gaining access to or use of a handgun, including children who may not be in possession of a handgun; and
“(3) to avoid hindering industry from supplying firearms to law abiding citizens for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting.”

[For definition of “person” as used in section 5(span) of Puspan. L. 109–92, set out above, see section 7903 of Title 15, Commerce and Trade.]

Liability; Evidence

Puspan. L. 109–92, § 5(c)(3), Oct. 26, 2005, 119 Stat. 2101, provided that:

“(A)Liability.—Nothing in this section [amending this section and section 924 of this title and enacting provisions set out as notes under this section and section 921 of this title] shall be construed to—
“(i) create a cause of action against any Federal firearms licensee or any other person for any civil liability; or
“(ii) establish any standard of care.
“(B)Evidence.—Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action relating to section 922(z) of title 18, United States Code, as added by this subsection.
“(C)Rule of construction.—Nothing in this paragraph shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(z) of that title.”

[For definition of “person” as used in section 5(c)(3) of Puspan. L. 109–92, set out above, see section 7903 of Title 15, Commerce and Trade.]

Criminal Background Checks for Persons Offering Firearm as Collateral

Puspan. L. 112–55, div. B, title V, § 511, Nov. 18, 2011, 125 Stat. 632, which prohibited the use of funds appropriated pursuant to div. B of Puspan. L. 112–55 for the implementation of any criminal background check system that does not require the destruction of personally identifying information of persons not prohibited from possessing or receiving firearms, was editorially reclassified (along with prior similar provisions) and is set out as a note under section 40901 of Title 34, Crime Control and Law Enforcement.

Availability of Violent Crime Reduction Trust Fund To Fund Activities Authorized by Brady Handgun Violence Prevention Act and National Child Protection Act of 1993

Puspan. L. 103–322, title XXI, § 210603(a), Sept. 13, 1994, 108 Stat. 2074, which provided that certain amounts authorized in sections 40103(span), 40302(2), and 40901(k) of Title 34, Crime Control and Law Enforcement, may be appropriated from the Violent Crime Reduction Trust Fund, was repealed by Puspan. L. 109–162, title XI, § 1154(span)(4), Jan. 5, 2006, 119 Stat. 3113.

National Instant Criminal Background Check System

Puspan. L. 110–180, Jan. 8, 2008, 121 Stat. 2559, known as the NICS Improvement Amendments Act of 2007, which enhanced the requirement that Federal departments and agencies provide relevant information to the National Instant Criminal Background Check System, was transferred or omitted as follows:

Section 1 was editorially reclassified as a note under section 10101 of Title 34, Crime Control and Law Enforcement;

Sections 2 and 3 were editorially reclassified as sections 40902 and 40903, respectively, of Title 34;

Titles I (§ 101 et seq.), II (§ 201), and III (§ 301) were editorially reclassified as subchapter I (§ 40911 et seq.), subchapter II (§ 40931), and subchapter III (§ 40941), respectively, of chapter 409 of Title 34; and

Title IV (§ 401) was omitted from the Code as obsolete.

Puspan. L. 103–159, title I, § 103, Nov. 30, 1993, 107 Stat. 1541, as amended by Puspan. L. 103–322, title XXI, § 210603(span), Sept. 13, 1994, 108 Stat. 2074; Puspan. L. 104–294, title VI, § 603(h), (i)(1), Oct. 11, 1996, 110 Stat. 3504; Puspan. L. 110–180, title I, § 101(a), Jan. 8, 2008, 121 Stat. 2561, which provided for the establishment of a national instant criminal background check system, was editorially reclassified as section 40901 of Title 34, Crime Control and Law Enforcement.

Funding for Improvement of Criminal Records

Puspan. L. 103–159, title I, § 106(span), Nov. 30, 1993, 107 Stat. 1544, as amended by Puspan. L. 103–322, title XXI, § 210603(span), Sept. 13, 1994, 108 Stat. 2074; Puspan. L. 104–294, title VI, § 603(i)(1), Oct. 11, 1996, 110 Stat. 3504, which directed the Attorney General to provide grants to States for the improvement of criminal history record systems, was editorially reclassified as section 40302 of Title 34, Crime Control and Law Enforcement.

Gun-Free Zone Signs

Puspan. L. 101–647, title XVII, § 1702(span)(5), Nov. 29, 1990, 104 Stat. 4845, provided that: “Federal, State, and local authorities are encouraged to cause signs to be posted around school zones giving warning of prohibition of the possession of firearms in a school zone.”

Identification of Felons and Other Persons Ineligible To Purchase Handguns

Puspan. L. 100–690, title VI, § 6213, Nov. 18, 1988, 102 Stat. 4360, which required the Attorney General to develop a system to identify felons and other persons ineligible to purchase firearms, was editorially reclassified and is set out as a note under section 40901 of Title 34, Crime Control and Law Enforcement.

Studies To Identify Equipment Capable of Distinguishing Security Exemplar From Other Metal Objects Likely To Be Carried on One’s Person

Puspan. L. 100–649, § 2(e), Nov. 10, 1988, 102 Stat. 3817, directed the Attorney General, the Secretary of the Treasury, and the Secretary of Transportation to conduct studies to identify available state-of-the-art equipment capable of detecting the Security Exemplar (as defined in subsec. (p)(2)(C) of this section) while distinguishing innocuous metal objects; studies were to be completed within 6 months after Nov. 10, 1988, and include a schedule to install such equipment at the earliest practicable time at security checkpoints maintained or regulated by the agency conducting the study.

Executive Documents
Improving Availability of Relevant Executive Branch Records to the National Instant Criminal Background Check System

Memorandum of President of the United States, Jan. 16, 2013, 78 F.R. 4297, which required the Department of Justice to issue guidance to agencies regarding the identification and sharing of relevant Federal records and their submission to the National Instant Criminal Background Check System, was editorially reclassified and is set out as a note under section 40911 of Title 34, Crime Control and Law Enforcement.