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Page 209 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922

DEFINITION OF ‘‘HANDGUN’’

Section 10 of Pub. L. 99–408 provided that: ‘‘For pur- poses of section 921(a)(17)(B) of title 18, United States

Code, as added by the first section of this Act, ‘hand- gun’ means any firearm including a pistol or revolver

designed to be fired by the use of a single hand. The

term also includes any combination of parts from

which a handgun can be assembled.’’

§ 922. Unlawful acts

(a) It shall be unlawful—

(1) for any person—

(A) except a licensed importer, licensed

manufacturer, or licensed dealer, to engage

in the business of importing, manufacturing,

or dealing in firearms, or in the course of

such business to ship, transport, or receive

any firearm in interstate or foreign com- merce; or

(B) except a licensed importer or licensed

manufacturer, to engage in the business of

importing or manufacturing ammunition, or

in the course of such business, to ship, trans- port, or receive any ammunition in inter- state or foreign commerce;

(2) for any importer, manufacturer, dealer,

or collector licensed under the provisions of

this chapter to ship or transport in interstate

or foreign commerce any firearm to any per- son other than a licensed importer, licensed

manufacturer, licensed dealer, or licensed col- lector, except that—

(A) this paragraph and subsection (b)(3)

shall not be held to preclude a licensed im- porter, licensed manufacturer, licensed deal- er, or licensed collector from returning a

firearm or replacement firearm of the same

kind and type to a person from whom it was

received; and this paragraph shall not be

held to preclude an individual from mailing

a firearm owned in compliance with Federal,

State, and local law to a licensed importer,

licensed manufacturer, licensed dealer, or li- censed collector;

(B) this paragraph shall not be held to pre- clude a licensed importer, licensed manufac- turer, or licensed dealer from depositing a

firearm for conveyance in the mails to any

officer, employee, agent, or watchman who,

pursuant to the provisions of section 1715 of

this title, is eligible to receive through the

mails pistols, revolvers, and other firearms

capable of being concealed on the person, for

use in connection with his official duty; and

(C) nothing in this paragraph shall be con- strued as applying in any manner in the Dis- trict of Columbia, the Commonwealth of

Puerto Rico, or any possession of the United

States differently than it would apply if the

District of Columbia, the Commonwealth of

Puerto Rico, or the possession were in fact a

State of the United States;

(3) for any person, other than a licensed im- porter, licensed manufacturer, licensed dealer,

or licensed collector to transport into or re- ceive in the State where he resides (or if the

person is a corporation or other business en- tity, the State where it maintains a place of

business) any firearm purchased or otherwise

obtained by such person outside that State,

except that this paragraph (A) shall not pre- clude any person who lawfully acquires a fire- arm by bequest or intestate succession in a

State other than his State of residence from

transporting the firearm into or receiving it in

that State, if it is lawful for such person to

purchase or possess such firearm in that State,

(B) shall not apply to the transportation or re- ceipt of a firearm obtained in conformity with

subsection (b)(3) of this section, and (C) shall

not apply to the transportation of any firearm

acquired in any State prior to the effective

date of this chapter;

(4) for any person, other than a licensed im- porter, licensed manufacturer, licensed dealer,

or licensed collector, to transport in inter- state or foreign commerce any destructive de- vice, machinegun (as defined in section 5845 of

the Internal Revenue Code of 1986), short-bar- reled shotgun, or short-barreled rifle, except

as specifically authorized by the Attorney

General consistent with public safety and ne- cessity;

(5) for any person (other than a licensed im- porter, licensed manufacturer, licensed dealer,

or licensed collector) to transfer, sell, trade,

give, transport, or deliver any firearm to any

person (other than a licensed importer, li- censed manufacturer, licensed dealer, or li- censed collector) who the transferor knows or

has reasonable cause to believe 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; except that this paragraph shall not

apply to (A) the transfer, transportation, or

delivery of a firearm made to carry out a be- quest of a firearm to, or an acquisition by in- testate succession of a firearm by, a person

who is permitted to acquire or possess a fire- arm under the laws of the State of his resi- dence, and (B) the loan or rental of a firearm

to any person for temporary use for lawful

sporting purposes;

(6) for any person in connection with the ac- quisition or attempted acquisition of any fire- arm or ammunition from a licensed importer,

licensed manufacturer, licensed dealer, or li- censed collector, knowingly to make any false

or fictitious oral or written statement or to

furnish or exhibit any false, fictitious, or mis- represented identification, intended or likely

to deceive such importer, manufacturer, deal- er, or collector with respect to any fact mate- rial to the lawfulness of the sale or other dis- position of such firearm or ammunition under

the provisions of this chapter;

(7) for any person to manufacture or import

armor piercing ammunition, unless—

(A) the manufacture of such ammunition

is for the use of the United States, any de- partment or agency of the United States,

any State, or any department, agency, or po- litical subdivision of a State;

(B) the manufacture of such ammunition

is for the purpose of exportation; or

(C) the manufacture or importation of

such ammunition is for the purpose of test- ing or experimentation and has been author- ized by the Attorney General;

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§ 922 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 210

1So in original. Probably should be followed with ‘‘and’’.

(8) for any manufacturer or importer to sell

or deliver armor piercing ammunition, unless

such sale or delivery—

(A) is for the use of the United States, any

department or agency of the United States,

any State, or any department, agency, or po- litical subdivision of a State;

(B) is for the purpose of exportation; or

(C) is for the purpose of testing or experi- mentation and has been authorized by the

Attorney General; 1

(9) for any person, other than a licensed im- porter, licensed manufacturer, licensed dealer,

or licensed collector, who does not reside in

any State to receive any firearms unless such

receipt is for lawful sporting purposes.

(b) It shall be unlawful for any licensed im- porter, licensed manufacturer, licensed dealer,

or licensed collector to sell or deliver—

(1) any firearm or ammunition to any indi- vidual who the licensee knows or has reason- able cause to believe is less than eighteen

years of age, and, if the firearm, or ammuni- tion is other than a shotgun or rifle, or ammu- nition for a shotgun or rifle, to any individual

who the licensee knows or has reasonable

cause to believe is less than twenty-one years

of age;

(2) any firearm to any person in any State

where the purchase or possession by such per- son of such firearm would be in violation of

any State law or any published ordinance ap- plicable at the place of sale, delivery or other

disposition, unless the licensee knows or has

reasonable cause to believe that the purchase

or possession would not be in violation of such

State law or such published ordinance;

(3) any firearm to any person who the li- censee knows or has reasonable cause to be- lieve 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 licensee’s place of business is lo- cated, except that this paragraph (A) shall not

apply to the sale or delivery of any rifle or

shotgun to a resident of a State other than a

State in which the licensee’s place of business

is located if the transferee meets in person

with the transferor to accomplish the transfer,

and the sale, delivery, and receipt fully com- ply with the legal conditions of sale in both

such States (and any licensed manufacturer,

importer or dealer shall be presumed, for pur- poses of this subparagraph, in the absence of

evidence to the contrary, to have had actual

knowledge of the State laws and published or- dinances of both States), and (B) shall not

apply to the loan or rental of a firearm to any

person for temporary use for lawful sporting

purposes;

(4) to any person any destructive device, ma- chinegun (as defined in section 5845 of the In- ternal Revenue Code of 1986), short-barreled

shotgun, or short-barreled rifle, except as spe- cifically authorized by the Attorney General

consistent with public safety and necessity;

and

(5) any firearm or armor-piercing ammuni- tion to any person unless the licensee notes in

his records, required to be kept pursuant to

section 923 of this chapter, the name, age, and

place of residence of such person if the person

is an individual, or the identity and principal

and local places of business of such person if

the person is a corporation or other business

entity.

Paragraphs (1), (2), (3), and (4) of this subsection

shall not apply to transactions between licensed

importers, licensed manufacturers, licensed

dealers, and licensed collectors. Paragraph (4) of

this subsection shall not apply to a sale or deliv- ery to any research organization designated by

the Attorney General.

(c) In any case not otherwise prohibited by

this chapter, a licensed importer, licensed man- ufacturer, or licensed dealer may sell a firearm

to a person who does not appear in person at the

licensee’s business premises (other than another

licensed importer, manufacturer, or dealer) only

if—

(1) the transferee submits to the transferor a

sworn statement in the following form:

‘‘Subject to penalties provided by law, I

swear that, in the case of any firearm other

than a shotgun or a rifle, I am twenty-one

years or more of age, or that, in the case of

a shotgun or a rifle, I am eighteen years or

more of age; that I am not prohibited by the

provisions of chapter 44 of title 18, United

States Code, from receiving a firearm in

interstate or foreign commerce; and that my

receipt of this firearm will not be in viola- tion of any statute of the State and pub- lished ordinance applicable to the locality in

which I reside. Further, the true title, name,

and address of the principal law enforcement

officer of the locality to which the firearm

will be delivered are llllllllllll

lllllllllllllllllllllll

Signature lllllllll Date llll.’’

and containing blank spaces for the attach- ment of a true copy of any permit or other in- formation required pursuant to such statute

or published ordinance;

(2) the transferor has, prior to the shipment

or delivery of the firearm, forwarded by reg- istered or certified mail (return receipt re- quested) a copy of the sworn statement, to- gether with a description of the firearm, in a

form prescribed by the Attorney General, to

the chief law enforcement officer of the trans- feree’s place of residence, and has received a

return receipt evidencing delivery of the state- ment or has had the statement returned due to

the refusal of the named addressee to accept

such letter in accordance with United States

Post Office Department regulations; and

(3) the transferor has delayed shipment or

delivery for a period of at least seven days fol- lowing receipt of the notification of the ac- ceptance or refusal of delivery of the state- ment.

A copy of the sworn statement and a copy of the

notification to the local law enforcement offi- cer, together with evidence of receipt or rejec- tion of that notification shall be retained by the

licensee as a part of the records required to be

kept under section 923(g).

(d) It shall be unlawful for any person to sell

or otherwise dispose of any firearm or ammuni-

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Page 211 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 922

2So in original. The word ‘‘who’’ probably should not appear.

tion to any person knowing or having reasonable

cause to believe that such person—

(1) is under indictment for, or has been con- victed in any court of, a crime punishable by

imprisonment for a term exceeding one year;

(2) is a fugitive from justice;

(3) is an unlawful user of or addicted to any

controlled substance (as defined in section 102

of the Controlled Substances Act (21 U.S.C.

802));

(4) has been adjudicated as a mental defec- tive or has been committed to any mental in- stitution;

(5) who, being an alien—

(A) is illegally or unlawfully in the United

States; or

(B) except as provided in subsection (y)(2),

has been admitted to the United States

under a nonimmigrant visa (as that term is

defined in section 101(a)(26) of the Immigra- tion and Nationality Act (8 U.S.C.

1101(a)(26)));

(6) who 2 has been discharged from the Armed

Forces under dishonorable conditions;

(7) who, having been a citizen of the United

States, has renounced his citizenship;

(8) is subject to a court order that restrains

such person from harassing, stalking, or

threatening an intimate partner of such per- son or child of such intimate partner or per- son, or engaging in other conduct that would

place an intimate partner in reasonable fear of

bodily injury to the partner or child, except

that this paragraph shall only apply to a court

order that—

(A) was issued after a hearing of which

such person received actual notice, and at

which such person had the opportunity to

participate; and

(B)(i) includes a finding that such person

represents a credible threat to the physical

safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the

use, attempted use, or threatened use of

physical force against such intimate partner

or child that would reasonably be expected

to cause bodily injury; or

(9) has been convicted in any court of a mis- demeanor crime of domestic violence.

This subsection shall not apply with respect to

the sale or disposition of a firearm or ammuni- tion to a licensed importer, licensed manufac- turer, licensed dealer, or licensed collector who

pursuant to subsection (b) of section 925 of this

chapter is not precluded from dealing in fire- arms or ammunition, or to a person who has

been granted relief from disabilities pursuant to

subsection (c) of section 925 of this chapter.

(e) It shall be unlawful for any person know- ingly to deliver or cause to be delivered to any

common or contract carrier for transportation

or shipment in interstate or foreign commerce,

to persons other than licensed importers, li- censed manufacturers, licensed dealers, or li- censed collectors, any package or other con- tainer in which there is any firearm or ammuni- tion without written notice to the carrier that

such firearm or ammunition is being trans- ported or shipped; except that any passenger

who owns or legally possesses a firearm or am- munition being transported aboard any common

or contract carrier for movement with the pas- senger in interstate or foreign commerce may

deliver said firearm or ammunition into the cus- tody of the pilot, captain, conductor or operator

of such common or contract carrier for the dura- tion of the trip without violating any of the pro- visions of this chapter. 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 con- tains a firearm.

(f)(1) It shall be unlawful for any common or

contract carrier to transport or deliver in inter- state or foreign commerce any firearm or am- munition with knowledge or reasonable cause to

believe that the shipment, transportation, or re- ceipt thereof would be in violation of the provi- sions of this chapter.

(2) It shall be unlawful for any common or

contract carrier to deliver in interstate or for- eign commerce any firearm without obtaining

written acknowledgement of receipt from the re- cipient of the package or other container in

which there is a firearm.

(g) It shall be unlawful for any person—

(1) 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

any controlled substance (as defined in section

102 of the Controlled Substances Act (21 U.S.C.

802));

(4) who has been adjudicated as a mental de- fective or who has been committed to a men- tal institution;

(5) who, being an alien—

(A) is illegally or unlawfully in the United

States; or

(B) except as provided in subsection (y)(2),

has been admitted to the United States

under a nonimmigrant visa (as that term is

defined in section 101(a)(26) of the Immigra- tion and Nationality Act (8 U.S.C.

1101(a)(26)));

(6) who has been discharged from the Armed

Forces under dishonorable conditions;

(7) who, having been a citizen of the United

States, has renounced his citizenship;

(8) who is subject to a court order that—

(A) was issued after a hearing of which

such person received actual notice, and at

which such person had an opportunity to

participate;

(B) restrains such person from harassing,

stalking, or threatening an intimate partner

of such person or child of such intimate

partner or person, or engaging in other con- duct that would place an intimate partner in

reasonable fear of bodily injury to the part- ner or child; and

(C)(i) includes a finding that such person

represents a credible threat to the physical

safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the

use, attempted use, or threatened use of

physical force against such intimate partner