18 USC 923 Licensing

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

clude recommendations, where appropriate, concerning
the use of secondary security equipment and procedures to enhance detection capability at security
checkpoints.’’
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.

§ 923. Licensing
(a) No person shall engage in the business of
importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, until he has filed an application with and
received a license to do so from the Attorney
General. The application shall be in such form
and contain only that information necessary to
determine eligibility for licensing as the Attorney General shall by regulation prescribe and
shall include a photograph and fingerprints of
the applicant. Each applicant shall pay a fee for
obtaining such a license, a separate fee being required for each place in which the applicant is
to do business, as follows:
(1) If the applicant is a manufacturer—
(A) of destructive devices, ammunition for
destructive devices or armor piercing ammunition, a fee of $1,000 per year;
(B) of firearms other than destructive devices, a fee of $50 per year; or
(C) of ammunition for firearms, other than
ammunition for destructive devices or armor
piercing ammunition, a fee of $10 per year.
(2) If the applicant is an importer—
(A) of destructive devices, ammunition for
destructive devices or armor piercing ammunition, a fee of $1,000 per year; or
(B) of firearms other than destructive devices or ammunition for firearms other than
destructive devices, or ammunition other than
armor piercing ammunition, a fee of $50 per
year.
(3) If the applicant is a dealer—
(A) in destructive devices or ammunition for
destructive devices, a fee of $1,000 per year; or
(B) who is not a dealer in destructive devices, a fee of $200 for 3 years, except that the
fee for renewal of a valid license shall be $90
for 3 years.
(b) Any person desiring to be licensed as a collector shall file an application for such license
with the Attorney General. The application
shall be in such form and contain only that information necessary to determine eligibility as
the Attorney General shall by regulation prescribe. The fee for such license shall be $10 per
year. Any license granted under this subsection
shall only apply to transactions in curios and
relics.
(c) Upon the filing of a proper application and
payment of the prescribed fee, the Attorney
General shall issue to a qualified applicant the
appropriate license which, subject to the provi-

§ 923

sions of this chapter and other applicable provisions of law, shall entitle the licensee to transport, ship, and receive firearms and ammunition
covered by such license in interstate or foreign
commerce during the period stated in the license. Nothing in this chapter shall be construed to prohibit a licensed manufacturer, importer, or dealer from maintaining and disposing
of a personal collection of firearms, subject only
to such restrictions as apply in this chapter to
dispositions by a person other than a licensed
manufacturer, importer, or dealer. If any firearm is so disposed of by a licensee within one
year after its transfer from his business inventory into such licensee’s personal collection or if
such disposition or any other acquisition is
made for the purpose of willfully evading the restrictions placed upon licensees by this chapter,
then such firearm shall be deemed part of such
licensee’s business inventory, except that any licensed manufacturer, importer, or dealer who
has maintained a firearm as part of a personal
collection for one year and who sells or otherwise disposes of such firearm shall record the description of the firearm in a bound volume, containing the name and place of residence and date
of birth of the transferee if the transferee is an
individual, or the identity and principal and
local places of business of the transferee if the
transferee is a corporation or other business entity: Provided, That no other recordkeeping shall
be required.
(d)(1) Any application submitted under subsection (a) or (b) of this section shall be approved if—
(A) the applicant is twenty-one years of age
or over;
(B) the applicant (including, in the case of a
corporation, partnership, or association, any
individual possessing, directly or indirectly,
the power to direct or cause the direction of
the management and policies of the corporation, partnership, or association) is not prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or
foreign commerce under section 922(g) and (n)
of this chapter;
(C) the applicant has not willfully violated
any of the provisions of this chapter or regulations issued thereunder;
(D) the applicant has not willfully failed to
disclose any material information required, or
has not made any false statement as to any
material fact, in connection with his application;
(E) the applicant has in a State (i) premises
from which he conducts business subject to license under this chapter or from which he intends to conduct such business within a reasonable period of time, or (ii) in the case of a
collector, premises from which he conducts his
collecting subject to license under this chapter or from which he intends to conduct such
collecting within a reasonable period of time;
(F) the applicant certifies that—
(i) the business to be conducted under the
license is not prohibited by State or local
law in the place where the licensed premise
is located;
(ii)(I) within 30 days after the application
is approved the business will comply with

§ 923

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

the requirements of State and local law applicable to the conduct of the business; and
(II) the business will not be conducted
under the license until the requirements of
State and local law applicable to the business have been met; and
(iii) that the applicant has sent or delivered a form to be prescribed by the Attorney
General, to the chief law enforcement officer
of the locality in which the premises are located, which indicates that the applicant intends to apply for a Federal firearms license;
and
(G) in the case of an application to be licensed as a dealer, the applicant certifies that
secure gun storage or safety devices will be
available at any place in which firearms are
sold under the license to persons who are not
licensees (subject to the exception that in any
case in which a secure gun storage or safety
device is temporarily unavailable because of
theft, casualty loss, consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, the dealer shall not be considered to be
in violation of the requirement under this subparagraph to make available such a device).
(2) The Attorney General must approve or
deny an application for a license within the 60day period beginning on the date it is received.
If the Attorney General fails to act within such
period, the applicant may file an action under
section 1361 of title 28 to compel the Attorney
General to act. If the Attorney General approves
an applicant’s application, such applicant shall
be issued a license upon the payment of the prescribed fee.
(e) The Attorney General may, after notice
and opportunity for hearing, revoke any license
issued under this section if the holder of such license has willfully violated any provision of this
chapter or any rule or regulation prescribed by
the Attorney General under this chapter or fails
to have secure gun storage or safety devices
available at any place in which firearms are sold
under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily
unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or
any other similar reason beyond the control of
the licensee, the dealer shall not be considered
to be in violation of the requirement to make
available such a device). The Attorney General
may, after notice and opportunity for hearing,
revoke the license of a dealer who willfully
transfers armor piercing ammunition. The Secretary’s 1 action under this subsection may be
reviewed only as provided in subsection (f) of
this section.
(f)(1) Any person whose application for a license is denied and any holder of a license which
is revoked shall receive a written notice from
the Attorney General stating specifically the
grounds upon which the application was denied
or upon which the license was revoked. Any notice of a revocation of a license shall be given to
the holder of such license before the effective
date of the revocation.
1 So

in original. Probably should be ‘‘Attorney General’s’’.

Page 230

(2) If the Attorney General denies an application for, or revokes, a license, he shall, upon request by the aggrieved party, promptly hold a
hearing to review his denial or revocation. In
the case of a revocation of a license, the Attorney General shall upon the request of the holder
of the license stay the effective date of the revocation. A hearing held under this paragraph
shall be held at a location convenient to the aggrieved party.
(3) If after a hearing held under paragraph (2)
the Attorney General decides not to reverse his
decision to deny an application or revoke a license, the Attorney General shall give notice of
his decision to the aggrieved party. The aggrieved party may at any time within sixty days
after the date notice was given under this paragraph file a petition with the United States district court for the district in which he resides or
has his principal place of business for a de novo
judicial review of such denial or revocation. In a
proceeding conducted under this subsection, the
court may consider any evidence submitted by
the parties to the proceeding whether or not
such evidence was considered at the hearing
held under paragraph (2). If the court decides
that the Attorney General was not authorized to
deny the application or to revoke the license,
the court shall order the Attorney General to
take such action as may be necessary to comply
with the judgment of the court.
(4) If criminal proceedings are instituted
against a licensee alleging any violation of this
chapter or of rules or regulations prescribed
under this chapter, and the licensee is acquitted
of such charges, or such proceedings are terminated, other than upon motion of the Government before trial upon such charges, the Attorney General shall be absolutely barred from denying or revoking any license granted under
this chapter where such denial or revocation is
based in whole or in part on the facts which
form the basis of such criminal charges. No proceedings for the revocation of a license shall be
instituted by the Attorney General more than
one year after the filing of the indictment or information.
(g)(1)(A) Each licensed importer, licensed manufacturer, and licensed dealer shall maintain
such records of importation, production, shipment, receipt, sale, or other disposition of firearms at his place of business for such period, and
in such form, as the Attorney General may by
regulations prescribe. Such importers, manufacturers, and dealers shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by
this section. The Attorney General, when he has
reasonable cause to believe a violation of this
chapter has occurred and that evidence thereof
may be found on such premises, may, upon demonstrating such cause before a Federal magistrate judge and securing from such magistrate
judge a warrant authorizing entry, enter during
business hours the premises (including places of
storage) of any licensed firearms importer, licensed manufacturer, licensed dealer, licensed
collector, or any licensed importer or manufacturer of ammunition, for the purpose of inspecting or examining—

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

(i) any records or documents required to be
kept by such licensed importer, licensed manufacturer, licensed dealer, or licensed collector under this chapter or rules or regulations
under this chapter, and
(ii) any firearms or ammunition kept or
stored by such licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, at such premises.
(B) The Attorney General may inspect or examine the inventory and records of a licensed
importer, licensed manufacturer, or licensed
dealer without such reasonable cause or warrant—
(i) in the course of a reasonable inquiry during the course of a criminal investigation of a
person or persons other than the licensee;
(ii) for ensuring compliance with the record
keeping requirements of this chapter—
(I) not more than once during any 12month period; or
(II) at any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee; or
(iii) when such inspection or examination
may be required for determining the disposition of one or more particular firearms in the
course of a bona fide criminal investigation.
(C) The Attorney General may inspect the inventory and records of a licensed collector without such reasonable cause or warrant—
(i) for ensuring compliance with the record
keeping requirements of this chapter not more
than once during any twelve-month period; or
(ii) when such inspection or examination
may be required for determining the disposition of one or more particular firearms in the
course of a bona fide criminal investigation.
(D) At the election of a licensed collector, the
annual inspection of records and inventory permitted under this paragraph shall be performed
at the office of the Attorney General designated
for such inspections which is located in closest
proximity to the premises where the inventory
and records of such licensed collector are maintained. The inspection and examination authorized by this paragraph shall not be construed as
authorizing the Attorney General to seize any
records or other documents other than those
records or documents constituting material evidence of a violation of law. If the Attorney General seizes such records or documents, copies
shall be provided the licensee within a reasonable time. The Attorney General may make
available to any Federal, State, or local law enforcement agency any information which he
may obtain by reason of this chapter with respect to the identification of persons prohibited
from purchasing or receiving firearms or ammunition who have purchased or received firearms
or ammunition, together with a description of
such firearms or ammunition, and he may provide information to the extent such information
may be contained in the records required to be
maintained by this chapter, when so requested
by any Federal, State, or local law enforcement
agency.
(2) Each licensed collector shall maintain in a
bound volume the nature of which the Attorney

§ 923

General may by regulations prescribe, records of
the receipt, sale, or other disposition of firearms. Such records shall include the name and
address of any person to whom the collector
sells or otherwise disposes of a firearm. Such
collector shall not be required to submit to the
Attorney General reports and information with
respect to such records and the contents thereof,
except as expressly required by this section.
(3)(A) Each licensee shall prepare a report of
multiple sales or other dispositions whenever
the licensee sells or otherwise disposes of, at one
time or during any five consecutive business
days, two or more pistols, or revolvers, or any
combination of pistols and revolvers totalling
two or more, to an unlicensed person. The report
shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the
State or local law enforcement agency of the
local jurisdiction in which the sale or other disposition took place, not later than the close of
business on the day that the multiple sale or
other disposition occurs.
(B) Except in the case of forms and contents
thereof regarding a purchaser who is prohibited
by subsection (g) or (n) of section 922 of this
title from receipt of a firearm, the department
of State police or State law enforcement agency
or local law enforcement agency of the local jurisdiction shall not disclose any such form or
the contents thereof to any person or entity,
and shall destroy each such form and any record
of the contents thereof no more than 20 days
from the date such form is received. No later
than the date that is 6 months after the effective date of this subparagraph, and at the end of
each 6-month period thereafter, the department
of State police or State law enforcement agency
or local law enforcement agency of the local jurisdiction shall certify to the Attorney General
of the United States that no disclosure contrary
to this subparagraph has been made and that all
forms and any record of the contents thereof
have been destroyed as provided in this subparagraph.
(4) Where a firearms or ammunition business
is discontinued and succeeded by a new licensee,
the records required to be kept by this chapter
shall appropriately reflect such facts and shall
be delivered to the successor. Where discontinuance of the business is absolute, such records
shall be delivered within thirty days after the
business discontinuance to the Attorney General. However, where State law or local ordinance requires the delivery of records to other
responsible authority, the Attorney General
may arrange for the delivery of such records to
such other responsible authority.
(5)(A) Each licensee shall, when required by
letter issued by the Attorney General, and until
notified to the contrary in writing by the Attorney General, submit on a form specified by the
Attorney General, for periods and at the times
specified in such letter, all record information
required to be kept by this chapter or such lesser record information as the Attorney General
in such letter may specify.
(B) The Attorney General may authorize such
record information to be submitted in a manner

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

other than that prescribed in subparagraph (A)
of this paragraph when it is shown by a licensee
that an alternate method of reporting is reasonably necessary and will not unduly hinder the
effective administration of this chapter. A licensee may use an alternate method of reporting if the licensee describes the proposed alternate method of reporting and the need therefor
in a letter application submitted to the Attorney General, and the Attorney General approves
such alternate method of reporting.
(6) Each licensee shall report the theft or loss
of a firearm from the licensee’s inventory or collection, within 48 hours after the theft or loss is
discovered, to the Attorney General and to the
appropriate local authorities.
(7) Each licensee shall respond immediately
to, and in no event later than 24 hours after the
receipt of, a request by the Attorney General for
information contained in the records required to
be kept by this chapter as may be required for
determining the disposition of 1 or more firearms in the course of a bona fide criminal investigation. The requested information shall be
provided orally or in writing, as the Attorney
General may require. The Attorney General
shall implement a system whereby the licensee
can positively identify and establish that an individual requesting information via telephone is
employed by and authorized by the agency to request such information.
(h) Licenses issued under the provisions of
subsection (c) of this section shall be kept posted and kept available for inspection on the
premises covered by the license.
(i) Licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the receiver or frame of
the weapon, in such manner as the Attorney
General shall by regulations prescribe, each firearm imported or manufactured by such importer
or manufacturer.
(j) A licensed importer, licensed manufacturer,
or licensed dealer may, under rules or regulations prescribed by the Attorney General, conduct business temporarily at a location other
than the location specified on the license if such
temporary location is the location for a gun
show or event sponsored by any national, State,
or local organization, or any affiliate of any
such organization devoted to the collection,
competitive use, or other sporting use of firearms in the community, and such location is in
the State which is specified on the license.
Records of receipt and disposition of firearms
transactions conducted at such temporary location shall include the location of the sale or
other disposition and shall be entered in the permanent records of the licensee and retained on
the location specified on the license. Nothing in
this subsection shall authorize any licensee to
conduct business in or from any motorized or
towed vehicle. Notwithstanding the provisions
of subsection (a) of this section, a separate fee
shall not be required of a licensee with respect
to business conducted under this subsection.
Any inspection or examination of inventory or
records under this chapter by the Attorney General at such temporary location shall be limited
to inventory consisting of, or records relating
to, firearms held or disposed at such temporary

Page 232

location. Nothing in this subsection shall be
construed to authorize the Attorney General to
inspect or examine the inventory or records of a
licensed importer, licensed manufacturer, or licensed dealer at any location other than the location specified on the license. Nothing in this
subsection shall be construed to diminish in any
manner any right to display, sell, or otherwise
dispose of firearms or ammunition, which is in
effect before the date of the enactment of the
Firearms Owners’ Protection Act, including the
right of a licensee to conduct ‘‘curios or relics’’
firearms transfers and business away from their
business premises with another licensee without
regard as to whether the location of where the
business is conducted is located in the State
specified on the license of either licensee.
(k) Licensed importers and licensed manufacturers shall mark all armor piercing projectiles
and packages containing such projectiles for distribution in the manner prescribed by the Attorney General by regulation. The Attorney General shall furnish information to each dealer licensed under this chapter defining which projectiles are considered armor piercing ammunition
as defined in section 921(a)(17)(B).
(l) The Attorney General shall notify the chief
law enforcement officer in the appropriate State
and local jurisdictions of the names and addresses of all persons in the State to whom a firearms
license is issued.
(Added Pub. L. 90–351, title IV, § 902, June 19,
1968, 82 Stat. 231; amended Pub. L. 90–618, title I,
§ 102, Oct. 22, 1968, 82 Stat. 1221; Pub. L. 92–377,
title I, § 165(b), Dec. 21, 1982, 96 Stat. 1923; Pub. L.
99–308, § 103, May 19, 1986, 100 Stat. 453; Pub. L.
99–360, § 1(c), July 8, 1986, 100 Stat. 766; Pub. L.
99–408, §§ 3–7, Aug. 28, 1986, 100 Stat. 921; Pub. L.
100–690, title VII, § 7060(d), Nov. 18, 1988, 102 Stat.
4404; Pub. L. 101–647, title XXII, § 2203(a), title
XXXV, § 3525, Nov. 29, 1990, 104 Stat. 4857, 4924;
Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104
Stat. 5117; Pub. L. 103–159, title II, § 201, title III,
§ 303, Nov. 30, 1993, 107 Stat. 1544, 1545; Pub. L.
103–322, title XI, §§ 110102(d), 110103(d), 110105(2),
110301(a), 110302–110307, title XXXIII, § 330011(i),
Sept. 13, 1994, 108 Stat. 1998–2000, 2012–2014, 2145;
Pub. L. 104–208, div. A, title I, § 101(f) [title I,
§ 118], Sept. 30, 1996, 110 Stat. 3009–314, 3009–326;
Pub. L. 104–294, title VI, § 603(j)(1), (k), (l), Oct.
11, 1996, 110 Stat. 3504, 3505; Pub. L. 105–277, div.
A, § 101(b) [title I, § 119(b), (c)], Oct. 21, 1998, 112
Stat. 2681–50, 2681–69; Pub. L. 107–296, title XI,
§ 1112(f)(5), (6), Nov. 25, 2002, 116 Stat. 2276.)
REFERENCES IN TEXT
The effective date of this subparagraph, referred to in
subsec. (g)(3)(B), is the date of enactment of Pub. L.
103–159, which was approved Nov. 30, 1993.
The date of the enactment of the Firearms Owners’
Protection Act, referred to in subsec. (j), is the date of
enactment of Pub. L. 99–308, which was approved May
19, 1986.
AMENDMENTS
2002—Subsecs. (a) to (g), (i) to (k). Pub. L. 107–296,
§ 1112(f)(6), substituted ‘‘Attorney General’’ for ‘‘Secretary’’ wherever appearing.
Subsec. (l). Pub. L. 107–296, § 1112(f)(5), substituted
‘‘Attorney General’’ for ‘‘Secretary of the Treasury’’.
1998—Subsec. (d)(1)(G). Pub. L. 105–277, § 101(b) [title I,
§ 119(b)], added subpar. (G).

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

Subsec. (e). Pub. L. 105–277, § 101(b) [title I, § 119(c)],
inserted before period at end of first sentence ‘‘or fails
to have secure gun storage or safety devices available
at any place in which firearms are sold under the license to persons who are not licensees (except that in
any case in which a secure gun storage or safety device
is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer,
or any other similar reason beyond the control of the
licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device)’’.
1996—Subsec. (g)(1)(B)(ii). Pub. L. 104–294, § 603(k),
substituted ‘‘; or’’ for period at end of subcl. (II) and realigned margins.
Subsec. (g)(3)(A). Pub. L. 104–294, § 603(j)(1), amended
directory language of Pub. L. 103–159, § 201(1). See 1993
Amendment note below.
Subsec. (j). Pub. L. 104–208 substituted for period at
end ‘‘, including the right of a licensee to conduct ‘curios or relics’ firearms transfers and business away
from their business premises with another licensee
without regard as to whether the location of where the
business is conducted is located in the State specified
on the license of either licensee.’’
Subsec. (l). Pub. L. 104–294, § 603(l), redesignated last
subsec. as subsec. (l) and realigned margins.
1994—Subsec. (a). Pub. L. 103–322, § 110301(a), inserted
‘‘and shall include a photograph and fingerprints of the
applicant’’ after ‘‘regulation prescribe’’ in introductory
provisions.
Subsec. (a)(3)(B). Pub. L. 103–322, § 330011(i), amended
directory language of Pub. L. 101–647, § 3525. See 1990
Amendment note below.
Subsec. (d)(1)(F). Pub. L. 103–322, § 110302, added subpar. (F).
Subsec. (d)(2). Pub. L. 103–322, § 110303, substituted
‘‘60-day period’’ for ‘‘forty-five-day period’’.
Subsec. (g)(1)(B)(ii). Pub. L. 103–322, § 110304, amended
cl. (ii) generally. Prior to amendment, cl. (ii) read as
follows: ‘‘for ensuring compliance with the record keeping requirements of this chapter not more than once
during any twelve-month period; or’’.
Subsec. (g)(6). Pub. L. 103–322, § 110305, added par. (6).
Subsec. (g)(7). Pub. L. 103–322, § 110306, added par. (7).
Subsec. (i). Pub. L. 103–322, § 110103(d), which inserted
at end ‘‘A large capacity ammunition feeding device
manufactured after the date of the enactment of this
sentence shall be identified by a serial number that
clearly shows that the device was manufactured or imported after the effective date of this subsection, and
such other identification as the Secretary may by regulation prescribe.’’, was repealed by Pub. L. 103–322,
§ 110105(2). See Effective and Termination Dates of 1994
Amendment note below.
Pub. L. 103–322, § 110102(d), which inserted penultimate sentence which read as follows: ‘‘The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence
shall clearly show the date on which the weapon was
manufactured.’’, was repealed by Pub. L. 103–322,
§ 110105(2). See Effective and Termination Dates of 1994
Amendment note below.
Subsec. (l). Pub. L. 103–322, § 110307, which directed the
amendment of this section by adding subsec. (1) at end,
was executed by adding subsec. (l) at end to reflect the
probable intent of Congress.
1993—Subsec. (a)(3)(A). Pub. L. 103–159, § 303(1), inserted ‘‘or’’ at end of subpar. (A).
Subsec. (a)(3)(B). Pub. L. 103–159, § 303(2), (3), substituted ‘‘who is not a dealer in destructive devices, a
fee of $200 for 3 years, except that the fee for renewal
of a valid license shall be $90 for 3 years.’’ for ‘‘who is
a pawnbroker dealing in firearms other than destructive devices, a fee of $25 per year; or’’.
Subsec. (a)(3)(C). Pub. L. 103–159, § 303(4), struck out
subpar. (C) which read as follows: ‘‘who is not a dealer
in destructive devices or a pawnbroker, a fee of $10 per
year.’’
Subsec. (g)(3). Pub. L. 103–159, § 201, as amended by
Pub. L. 104–294, § 603(j)(1), designated existing provisions

§ 923

as subpar. (A), inserted ‘‘and to the department of
State police or State law enforcement agency of the
State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took
place,’’ after ‘‘thereon’’, and added subpar. (B).
1990—Subsec. (a)(3)(B). Pub. L. 101–647, § 3525, as
amended by Pub. L. 103–322, § 330011(i), inserted a
comma after ‘‘devices’’.
Subsec. (d)(1)(B). Pub. L. 101–647, § 2203(a), substituted
‘‘(n)’’ for ‘‘(h)’’.
1988—Subsec. (a). Pub. L. 100–690, § 7060(d)(1), struck
out period after ‘‘licensing’’ in introductory provisions.
Subsec. (f)(3). Pub. L. 100–690, § 7060(d)(2), struck out
the period that followed a period after ‘‘paragraph (2)’’.
1986—Subsec. (a). Pub. L. 99–308, § 103(1), amended first
sentence generally and substituted ‘‘only that information necessary to determine eligibility for licensing.’’
for ‘‘such information’’ in second sentence. Prior to
amendment, first sentence read as follows: ‘‘No person
shall engage in business as a firearms or ammunition
importer, manufacturer, or dealer until he has filed an
application with, and received a license to do so from,
the Secretary.’’
Subsec. (a)(1)(A). Pub. L. 99–408, § 3, in amending subpar. (A) generally, substituted ‘‘, ammunition for destructive devices or armor piercing ammunition’’ for
‘‘or ammunition for destructive devices’’.
Subsec. (a)(1)(C). Pub. L. 99–408, § 4, in amending subpar. (C) generally, substituted ‘‘, other than ammunition for destructive devices or armor piercing ammunition’’ for ‘‘other than destructive devices’’.
Subsec. (a)(2). Pub. L. 99–408, § 5, amended subpars. (A)
and (B) generally. Prior to amendment, subpars. (A)
and (B) read as follows:
‘‘(A) of destructive devices or ammunition for destructive devices, a fee of $1,000 per year; or
‘‘(B) of firearms other than destructive devices or
ammunition for firearms other than destructive devices, a fee of $50 per year.’’
Subsec. (a)(3)(B). Pub. L. 99–308, § 103(2), struck out
‘‘or ammunition for firearms other than destructive devices,’’ after ‘‘destructive devices’’.
Subsec. (b). Pub. L. 99–308, § 103(3), substituted ‘‘only
that information necessary to determine eligibility’’
for ‘‘such information’’.
Subsec. (c). Pub. L. 99–360 inserted provision which
required any licensed manufacturer, importer, or dealer who has maintained a firearm as part of a personal
collection for one year and sells or otherwise disposes
of such firearm to record the description of the firearm
in a bound volume, specified other information to be
recorded, and provided that no other recordkeeping be
required.
Pub. L. 99–308, § 103(4), inserted provision that nothing
in this chapter be construed to prohibit a licensed manufacturer, importer, or dealer from maintaining and
disposing of a personal collection of firearms subject to
such restrictions as apply in this chapter to other persons, and provision specifying circumstances under
which such disposition or any other acquisition shall
result in such firearms being deemed part of the licensee’s business inventory.
Subsec. (e). Pub. L. 99–408, § 6, inserted provisions relating to licenses of dealers willfully transferring
armor piercing ammunition.
Pub. L. 99–308, § 103(5), inserted ‘‘willfully’’ before
‘‘violated’’.
Subsec. (f)(3). Pub. L. 99–308, § 103(6)(A), inserted ‘‘de
novo’’ before ‘‘judicial review’’ in second sentence and
‘‘whether or not such evidence was considered at the
hearing held under paragraph (2).’’ after ‘‘to the proceeding’’ in third sentence.
Subsec. (f)(4). Pub. L. 99–308, § 103(6)(B), added par. (4).
Subsec. (g). Pub. L. 99–308, § 103(7), amended subsec.
(g) generally. Prior to amendment, subsec. (g) read as
follows: ‘‘Each licensed importer, licensed manufacturer, licensed dealer, and licensed collector shall
maintain such records of importation, production, shipment, receipt, sale, or other disposition, of firearms
and ammunition except .22 caliber rimfire ammunition

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

at such place, for such period, and in such form as the
Secretary may by regulations prescribe. Such importers, manufacturers, dealers, and collectors shall make
such records available for inspection at all reasonable
times, and shall submit to the Secretary such reports
and information with respect to such records and the
contents thereof as he shall by regulations prescribe.
The Secretary may enter during business hours the
premises (including places of storage) of any firearms
or ammunition importer, manufacturer, dealer, or collector for the purpose of inspecting or examining (1)
any records or documents required to be kept by such
importer, manufacturer, dealer, or collector under the
provisions of this chapter or regulations issued under
this chapter, and (2) any firearms or ammunition kept
or stored by such importer, manufacturer, dealer, or
collector at such premises. Upon the request of any
State or any political subdivision thereof, the Secretary may make available to such State or any political subdivision thereof, any information which he may
obtain by reason of the provisions of this chapter with
respect to the identification of persons within such
State or political subdivision thereof, who have purchased or received firearms or ammunition, together
with a description of such firearms or ammunition.’’
Subsec. (j). Pub. L. 99–308, § 103(8), amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: ‘‘This section shall not apply to anyone who engages only in hand loading, reloading, or custom loading ammunition for his own firearm, and who does not
hand load, reload, or custom load ammunition for others.’’
Subsec. (k). Pub. L. 99–408, § 7, added subsec. (k).
1982—Subsec. (g). Pub. L. 97–377 inserted ‘‘except .22
caliber rimfire ammunition’’ after ‘‘and ammunition’’.
The amendment by Pub. L. 97–377, which purported to
amend subsec. (9), was executed instead to subsec. (g)
as the probable intent of Congress because this section
does not contain a subsec. (9).
1968—Subsec. (a). Pub. L. 90–618 struck out ‘‘be required to’’ after ‘‘Each applicant shall’’.
Subsec. (a)(1). Pub. L. 90–618 inserted ‘‘the applicant
is’’ after ‘‘If’’ in text preceding subpar. (A), substituted
‘‘or ammunition for destructive devices,’’ for ‘‘and/or
ammunition’’ in subpar. (A), decreased the fee from $500
per year to $50 per year in subpar. (B), and added subpar. (C).
Subsec. (a)(2). Pub. L. 90–618 inserted ‘‘the applicant
is’’ after ‘‘If’’ in text preceding subpar. (A), substituted
‘‘or ammunition for destructive devices,’’ for ‘‘and/or
ammunition’’ in subpar. (A), and inserted provision for
ammunition for firearms other than destructive devices and decreased the fee from $500 per year to $50 per
year in subpar. (B).
Subsec. (a)(3). Pub. L. 90–618 inserted ‘‘the applicant
is’’ after ‘‘If’’ in text preceding subpar. (A), substituted
‘‘in destructive devices or ammunition for destructive
devices,’’ for ‘‘of destructive devices and/or ammunition’’ in subpar. (A), and inserted provision for ammunition for firearms other than destructive devices and
decreased the fee from $250 per year to $25 per year in
subpar. (B).
Subsecs. (b), (c). Pub. L. 90–618 added subsec. (b), redesignated former subsec. (b) as (c) and made mandatory the requirement that the Secretary issue the appropriate license to a qualified applicant. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 90–618 redesignated former subsec.
(c) as (d)(1), made changes in phraseology, inserted references to section 922(g) and (h) of this chapter in subsec. (d)(1)(B) and to applicants engaged in collecting in
subsec. (d)(1)(E)(ii), and added subsec. (d)(2). Former
subsec. (d) redesignated (g).
Subsecs. (e), (f). Pub. L. 90–618 added subsecs. (e) and
(f) and redesignated former subsecs. (e) and (f) as (h)
and (i), respectively.
Subsec. (g). Pub. L. 90–618 redesignated former subsec.
(d) as (g) and added licensed collectors to the enumerated list of licensees subject to the provisions of this
section.

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Subsec. (h). Pub. L. 90–618 redesignated former subsec. (e) as (h) and substituted ‘‘subsection (c)’’ for ‘‘subsection (b)’’.
Subsec. (i). Pub. L. 90–618 redesignated former subsec.
(f) as (i) and inserted ‘‘, by means of a serial number
engraved or cast on the receiver or frame of the weapon,’’ after ‘‘shall identify’’.
Subsec. (j). Pub. L. 90–618 added subsec. (j).
CHANGE OF NAME
Words ‘‘magistrate judge’’ substituted for ‘‘magistrate’’ wherever appearing in subsec. (g)(1)(A) pursuant to section 321 of Pub. L. 101–650, set out as a note
under section 631 of Title 28, Judiciary and Judicial
Procedure.
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
Amendment by Pub. L. 105–277, effective 180 days
after Oct. 21, 1998, see section 101(b) [title I, § 119(e)] of
Pub. L. 105–277, set out as a note under section 921 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–294, title VI, § 603(j)(2), Oct. 11, 1996, 110
Stat. 3505, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall take effect
as if the amendment had been included in the Act referred to in paragraph (1) [Pub. L. 103–159] on the date
of the enactment of such Act [Nov. 30, 1993].’’
EFFECTIVE AND TERMINATION DATES OF 1994
AMENDMENT
Amendment by sections 110102(d) and 110103(d) of Pub.
L. 103–322 repealed 10 years after Sept. 13, 1994, see section 110105(2) of Pub. L. 103–322, formerly set out as a
note under section 921 of this title.
Pub. 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
3525 of Pub. L. 101–647 took effect.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by sections 3 to 5 of Pub. L. 99–408 effective first day of first calendar month beginning more
than ninety days after Aug. 28, 1986, and amendment by
sections 6 and 7 of Pub. L. 99–408 effective Aug. 28, 1986,
see section 9 of Pub. L. 99–408, set out as a note under
section 921 of this title.
Amendment by Pub. L. 99–360 effective on date on
which amendment of this section by Firearms Owners’
Protection Act, Pub. L. 99–308, became effective, see
section 2 of Pub. L. 99–360, set out as a note under section 921 of this title.
Amendment by section 103(1)–(6)(A), (7), (8) of Pub. L.
99–308 effective 180 days after May 19, 1986, and amendment by section 103(6)(B) of Pub. L. 99–308 applicable to
any action, petition, or appellate proceeding pending
on May 19, 1986, see section 110(a), (b) 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.
EFFECTIVE DATE
Section effective 180 days after June 19, 1968, see section 907 of Pub. L. 90–351, set out as a note under section 921 of this title.
STATUTORY CONSTRUCTION; EVIDENCE
Pub. L. 105–277, div. A, § 101(b) [title I, § 119(d)], Oct. 21,
1998, 112 Stat. 2681–50, 2681–70, provided that:

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

‘‘(1) STATUTORY CONSTRUCTION.—Nothing in the
amendments made by this section [amending this section and section 921 of this title] shall be construed—
‘‘(A) as creating a cause of action against any firearms dealer or any other person for any civil liability; or
‘‘(B) as establishing any standard of care.
‘‘(2) 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.’’
FUNDING FOR BUREAU NOT AUTHORIZED FOR
IMPLEMENTING PHYSICAL INVENTORY REQUIREMENT
Pub. L. 113–6, div. B, title II, Mar. 26, 2013, 127 Stat.
248, provided in part: ‘‘That, in the current fiscal year
and any fiscal year thereafter, no funds made available
by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 of title
18, United States Code’’.
FUNDING FOR BUREAU NOT AUTHORIZED TO DENY LICENSE APPLICATIONS OR RENEWALS DUE TO LACK OF
BUSINESS ACTIVITY
Pub. L. 113–6, div. B, title II, Mar. 26, 2013, 127 Stat.
248, provided in part: ‘‘That, in the current fiscal year
and any fiscal year thereafter, no funds authorized or
made available under this or any other Act may be
used to deny any application for a license under section
923 of title 18, United States Code, or renewal of such
a license due to a lack of business activity, provided
that the applicant is otherwise eligible to receive such
a license, and is eligible to report business income or to
claim an income tax deduction for business expenses
under the Internal Revenue Code of 1986 [26 U.S.C. 1 et
seq.].’’
TRACING STUDIES DISCLAIMER
Pub. L. 113–6, div. B, title V, § 514, Mar. 26, 2013, 127
Stat. 271, provided that:
‘‘(a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations
of the data.
‘‘(b) For fiscal year 2013 and thereafter, the Bureau of
Alcohol, Tobacco, Firearms and Explosives shall include in all such data releases, language similar to the
following that would make clear that trace data cannot
be used to draw broad conclusions about firearms-related crime:
‘‘(1) Firearm traces are designed to assist law enforcement authorities in conducting investigations
by tracking the sale and possession of specific firearms. Law enforcement agencies may request firearms traces for any reason, and those reasons are not
necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms traced are used in crime.
‘‘(2) Firearms selected for tracing are not chosen
for purposes of determining which types, makes, or
models of firearms are used for illicit purposes. The
firearms selected do not constitute a random sample
and should not be considered representative of the
larger universe of all firearms used by criminals, or
any subset of that universe. Firearms are normally
traced to the first retail seller, and sources reported
for firearms traced do not necessarily represent the
sources or methods by which firearms in general are
acquired for use in crime.’’
FUNDING FOR BUREAU NOT AUTHORIZED FOR
CONSOLIDATION OR CENTRALIZATION OF RECORDS
Pub. L. 112–55, div. B, title II, Nov. 18, 2011, 125 Stat.
609, provided in part: ‘‘That no funds appropriated herein or hereafter shall be available for salaries or administrative expenses in connection with consolidating or
centralizing, within the Department of Justice, the

§ 923

records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees’’.
FUNDING FOR BUREAU NOT AUTHORIZED FOR
ELECTRONIC RETRIEVAL OF INFORMATION
Pub. L. 112–55, div. B, title II, Nov. 18, 2011, 125 Stat.
610, provided in part: ‘‘That, hereafter, no funds made
available by this or any other Act may be used to electronically retrieve information gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification
code’’.
FUNDING FOR BUREAU NOT AUTHORIZED FOR
DISCLOSURE OF DATA
Pub. L. 112–55, div. B, title II, Nov. 18, 2011, 125 Stat.
609, provided in part: ‘‘That, during the current fiscal
year and in each fiscal year thereafter, no funds appropriated under this or any other Act may be used to disclose part or all of the contents of the Firearms Trace
System database maintained by the National Trace
Center of the Bureau of Alcohol, Tobacco, Firearms and
Explosives or any information required to be kept by licensees pursuant to section 923(g) of title 18, United
States Code, or required to be reported pursuant to
paragraphs (3) and (7) of such section, except to: (1) a
Federal, State, local, or tribal law enforcement agency,
or a Federal, State, or local prosecutor; or (2) a foreign
law enforcement agency solely in connection with or
for use in a criminal investigation or prosecution; or (3)
a Federal agency for a national security or intelligence
purpose; unless such disclosure of such data to any of
the entities described in (1), (2) or (3) of this proviso
would compromise the identity of any undercover law
enforcement officer or confidential informant, or interfere with any case under investigation; and no person
or entity described in (1), (2) or (3) shall knowingly and
publicly disclose such data; and all such data shall be
immune from legal process, shall not be subject to subpoena or other discovery, shall be inadmissible in evidence, and shall not be used, relied on, or disclosed in
any manner, nor shall testimony or other evidence be
permitted based on the data, in a civil action in any
State (including the District of Columbia) or Federal
court or in an administrative proceeding other than a
proceeding commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the provisions of chapter 44 of such title, or a review of such an
action or proceeding; except that this proviso shall not
be construed to prevent: (A) the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer (as
defined in section 921(a)(9) of such title) and licensed
manufacturer (as defined in section 921(a)(10) of such
title); (B) the sharing or exchange of such information
among and between Federal, State, local, or foreign
law enforcement agencies, Federal, State, or local prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication of annual statistical reports on products regulated by the
Bureau of Alcohol, Tobacco, Firearms and Explosives,
including total production, importation, and exportation by each licensed importer (as so defined) and licensed manufacturer (as so defined), or statistical aggregate data regarding firearms traffickers and trafficking channels, or firearms misuse, felons, and trafficking investigations’’.
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 111–117, div. B, title II, Dec. 16, 2009, 123 Stat.
3128.
Pub. L. 111–8, div. B, title II, Mar. 11, 2009, 123 Stat.
575.
Pub. L. 110–161, div. B, title II, Dec. 26, 2007, 121 Stat.
1903.
Pub. L. 109–108, title I, Nov. 22, 2005, 119 Stat. 2295.
Pub. L. 108–447, div. B, title I, Dec. 8, 2004, 118 Stat.
2859.

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TITLE 18—CRIMES AND CRIMINAL PROCEDURE

§ 924. Penalties
(a)(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
(A) knowingly makes any false statement or
representation with respect to the information
required by this chapter to be 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;
(B) knowingly violates subsection (a)(4), (f),
(k), or (q) of section 922;
(C) knowingly imports or brings into the
United States or any possession thereof any
firearm or ammunition in violation of section
922(l); or
(D) willfully violates any other provision of
this chapter,
shall be fined under this title, imprisoned not
more than five years, or both.
(2) Whoever knowingly violates subsection
(a)(6), (d), (g), (h), (i), (j), or (o) of section 922
shall be fined as provided in this title, imprisoned not more than 10 years, or both.
(3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who
knowingly—
(A) makes any false statement or representation with respect to the information required by the provisions of this chapter to be
kept in the records of a person licensed under
this chapter, or
(B) violates subsection (m) of section 922,
shall be fined under this title, imprisoned not
more than one year, or both.
(4) Whoever violates section 922(q) shall be
fined under this title, imprisoned for not more
than 5 years, or both. Notwithstanding any
other provision of law, the term of imprisonment imposed under this paragraph shall not
run concurrently with any other term of imprisonment imposed under any other provision of
law. Except for the authorization of a term of
imprisonment of not more than 5 years made in
this paragraph, for the purpose of any other law
a violation of section 922(q) shall be deemed to
be a misdemeanor.
(5) Whoever knowingly violates subsection (s)
or (t) of section 922 shall be fined under this
title, imprisoned for not more than 1 year, or
both.
(6)(A)(i) A juvenile who violates section 922(x)
shall be fined under this title, imprisoned not
more than 1 year, or both, except that a juvenile
described in clause (ii) shall be sentenced to probation on appropriate conditions and shall not
be incarcerated unless the juvenile fails to comply with a condition of probation.
(ii) A juvenile is described in this clause if—
(I) the offense of which the juvenile is
charged is possession of a handgun or ammunition in violation of section 922(x)(2); and
(II) the juvenile has not been convicted in
any court of an offense (including an offense
under section 922(x) or a similar State law, but
not including any other offense consisting of
conduct that if engaged in by an adult would
not constitute an offense) or adjudicated as a
juvenile delinquent for conduct that if en-

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gaged in by an adult would constitute an offense.
(B) A person other than a juvenile who knowingly violates section 922(x)—
(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to
know that the juvenile intended to carry or
otherwise possess or discharge or otherwise
use the handgun or ammunition in the commission of a crime of violence, shall be fined
under this title, imprisoned not more than 10
years, or both.
(7) Whoever knowingly violates section 931
shall be fined under this title, imprisoned not
more than 3 years, or both.
(b) Whoever, with intent to commit therewith
an offense punishable by imprisonment for a
term exceeding one year, or with knowledge or
reasonable cause to believe that an offense punishable by imprisonment for a term exceeding
one year is to be committed therewith, ships,
transports, or receives a firearm or any ammunition in interstate or foreign commerce shall
be fined under this title, or imprisoned not more
than ten years, or both.
(c)(1)(A) Except to the extent that a greater
minimum sentence is otherwise provided by this
subsection or by any other provision of law, any
person who, during and in relation to any crime
of violence or drug trafficking crime (including
a crime of violence or drug trafficking crime
that provides for an enhanced punishment if
committed by the use of a deadly or dangerous
weapon or device) for which the person may be
prosecuted in a court of the United States, uses
or carries a firearm, or who, in furtherance of
any such crime, possesses a firearm, shall, in addition to the punishment provided for such
crime of violence or drug trafficking crime—
(i) be sentenced to a term of imprisonment
of not less than 5 years;
(ii) if the firearm is brandished, be sentenced
to a term of imprisonment of not less than 7
years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less
than 10 years.
(B) If the firearm possessed by a person convicted of a violation of this subsection—
(i) is a short-barreled rifle, short-barreled
shotgun, or semiautomatic assault weapon,
the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device,
or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to
a term of imprisonment of not less than 30
years.
(C) In the case of a violation of this subsection
that occurs after a prior conviction under this
subsection has become final, the person shall—
(i) be sentenced to a term of imprisonment
of not less than 25 years; and
(ii) if the firearm involved is a machinegun
or a destructive device, or is equipped with a
firearm silencer or firearm muffler, be sentenced to imprisonment for life.