18 USC 926 Rules and Regulations

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 22, 2002]
[CITE: 18USC926]

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 44--FIREARMS

Sec. 926. Rules and regulations

(a) The Secretary may prescribe only such rules and regulations as
are necessary to carry out the provisions of this chapter, including--
(1) regulations providing that a person licensed under this
chapter, when dealing with another person so licensed, shall provide
such other licensed person a certified copy of this license;
(2) regulations providing for the issuance, at a reasonable
cost, to a person licensed under this chapter, of certified copies
of his license for use as provided under regulations issued under
paragraph (1) of this subsection; and
(3) regulations providing for effective receipt and secure
storage of firearms relinquished by or seized from persons described
in subsection (d)(8) or (g)(8) of section 922.

No such rule or regulation prescribed after the date of the enactment of
the Firearms Owners' Protection Act may require that records required to
be maintained under this chapter or any portion of the contents of such
records, be recorded at or transferred to a facility owned, managed, or
controlled by the United States or any State or any political
subdivision thereof, nor that any system of registration of firearms,
firearms owners, or firearms transactions or dispositions be
established. Nothing in this section expands or restricts the
Secretary's authority to inquire into the disposition of any firearm in
the course of a criminal investigation.
(b) The Secretary shall give not less than ninety days public
notice, and shall afford interested parties opportunity for hearing,
before prescribing such rules and regulations.
(c) The Secretary shall not prescribe rules or regulations that
require purchasers of black powder under the exemption provided in
section 845(a)(5) of this title to complete affidavits or forms
attesting to that exemption.

(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat. 234;
amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82 Stat. 1226;
Pub. L. 99-308, Sec. 106, May 19, 1986, 100 Stat. 459; Pub. L. 103-322,
title XI, Sec. 110401(d), Sept. 13, 1994, 108 Stat. 2015.)

References in Text

The date of the enactment of the Firearms Owners' Protection Act,
referred to in subsec. (a), is the date of enactment of Pub. L. 99-308,
which was approved May 19, 1986.

Amendments

1994--Subsec. (a)(3). Pub. L. 103-322 added par. (3).
1986--Subsec. (a). Pub. L. 99-308, Sec. 106(1)-(4), designated
existing provision as subsec. (a), and in subsec. (a) as so designated,
in provision preceding par. (1) substituted ``may prescribe only'' for
``may prescribe'' and ``as are'' for ``as he deems reasonably'', and in
closing provision substituted provision that no rule or regulation
prescribed after May 19, 1986, require that records required under this
chapter be recorded at or transferred to a facility owned, managed, or
controlled by the United States or any State or political subdivision
thereof, nor any system of registration of firearms, firearms owners, or
firearms transactions or dispositions be established and that nothing in
this section expand or restrict the authority of the Secretary to
inquire into the disposition of any firearm in the course of a criminal
investigation for provision that the Secretary give reasonable public
notice, and afford an opportunity for a hearing, prior to prescribing
rules and regulations.
Subsecs. (b), (c). Pub. L. 99-308, Sec. 106(5), added subsecs. (b)
and (c).
1968--Pub. L. 90-618 inserted provisions authorizing the Secretary
to prescribe regulations requiring a licensee, when dealing with another
licensee, to provide such other licensee a certified copy of the
license, and regulations authorizing the issuance of certified copies of
the license required under this chapter.

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 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.