Firearms Owners’ Protection Act
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| PUBLIC LAW 99-308—MAY 19, 1986 | 100 STAT. 449 | |||||
| Public Law 99-308 99th Congress |
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| May 19, 1986 [S. 49] |
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| Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, | ||||||
| SECTION 1. SHORT TITLE AND CONGRESSIONAL FINDINGS. | Firearms Owners’ Protection Act 18 use 921 note. |
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| (a) SHORT TITLE.—This Act may be cited as the “Firearms Owners’ Protection Act”. | ||||||
| (b) CONGRESSIONAL FINDINGS.—The Congress finds that— | ||||||
| (1) the rights of citizens— | ||||||
| (A) to keep and bear arms under the second amendment to the United States Constitution; (B) to security against illegal and unreasonable searches and seizures under the fourth amendment; (C) against uncompensated taking of property, double jeopardy, and assurance of due process of law under the fifth amendment; and (D) against unconstitutional exercise of authority under the ninth and tenth amendments; require additional legislation to correct existing firearms statutes and enforcement policies; and |
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| (2) additional legislation is required to reaffirm the intent of the Congress, as expressed in section 101 of the Gun Control Act of 1968, that “it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law abiding citizens for lawful purposes.”. | ||||||
| SEC. 101. AMENDMENTS TO SECTION 921. | ||||||
| Section 921 of title 18, United States Code, is amended- | ||||||
| (1) in subsection (a)(10), by striking out “manufacture o f and inserting in lieu thereof “business of manufacturing”; (2) in subsection (a)(ll)(A), by striking out “or ammunition”; (3) in subsection (a)(12), by striking out “or ammunition”; (4) in subsection (a)(13), by striking out “or ammunition”; (5) by amending paragraph (20) of subsection (a) to read as follows: |
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| “(20) The term ‘crime punishable by imprisonment for a term Law exceeding one year’ does not include— | ||||||
| “(A) any Federal or State offenses pertaining to antitrust and crime. violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or | ||||||
| PUBLIC LAW 9 9 – 3 0 8 – M A Y 19, 1986 | 100 STAT. 450 | |||||
| “(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. | ||||||
| What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.”; and | ||||||
| (6) in subsection (a), by inserting after paragraph (20) the following new paragraphs: | Business and industry. | |||||
| “(21) The term ‘engaged in the business’ means— | ||||||
| "(A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured; | ||||||
| "(B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured; | ||||||
| "(C) as applied to a dealer in firearms, as defined in section 921(a)(ll)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms; | 18 use 921. | |||||
| "(D) as applied to a dealer in firearms, as defined in section 921(a)(ll)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms; | ||||||
| "(E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported; and | Imports | |||||
| "(F) as applied to an importer of ammunition, a person who devotes time, attention, and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported. | Imports | |||||
| “(22) The term ‘with the principal objective of livelihood and profit’ means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection. | ||||||
| “(23) The term ‘machinegun’ has the meaning given such term in section 58450)) of the National Firearms Act | ||||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 451 | |||||
| “(24) The terms ‘firearm silencer’ and ‘firearm muffler’ mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.”. | ||||||
| SEC. 102. AMENDMENTS TO SECTION 922. | ||||||
| Section 922 of title 18, United States Code, is amended | ||||||
| (1) so that paragraph (1) of subsection (a) reads as follows: | Law enforcement and crime. | |||||
| “(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 commerce; orz “(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, transport, or receive any ammunition in interstate or foreign commerce;”; |
Commerce and trade. | |||||
| (2) in subsection (a)(2)— | ||||||
| (A) by striking out “or ammunition”; and (B) by striking out “or licensed dealer for the sole purpose of repair or customizing;” and inserting in lieu thereof “licensed dealer, or licensed collector;”; |
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| (3) in subsection (a)(3), by striking out “(B)” and all that follows through “(b)(3) of this section,” and inserting in lieu thereof the following: “(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section,”; | ||||||
| (4) in subsection (b)— | ||||||
| (A) in paragraph (2), by striking out “or ammunition” each place it appears; (B) in paragraph (3), by striking out “(A)” and all that follows through “intrastate transactions other than at the licensee’s business premises,” and inserting in lieu thereof “(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 comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States),”; (C) in paragraph (3), by inserting “and” before “(B)”; (D) in paragraph (3), by striking out “, and (C)” and all that follows through the end of such paragraph and inserting in lieu thereof a semicolon; and (E) in paragraph (5), by striking out “or ammunition except .22 caliber rimfire ammunition” and inserting “or armor-piercing ammunition” in lieu thereof; |
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| (5) in subsection (d)— | ||||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 452 | |||||
| (A) by striking out “licensed importer, licensed manufacturer, licensed dealer, or licensed collector” the first place it appears and inserting in lieu thereof “person”; (B) by amending paragraph (3) to read as follows: |
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| “(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));"; | Drugs and drug abuse. | |||||
| (C) in paragraph (4), by striking out the period and inserting in lieu thereof a semicolon; and | ||||||
| (D) by inserting after paragraph (4) the following: | ||||||
| “(5) who, being an alien, is illegally or unlawfully in the United States; “(6) who has been discharged from the Armed Forces under dishonorable conditions; or “(7) who, having been a citizen of the United States, has renounced his citizenship.”; |
Aliens. | |||||
| (6) in subsection (g)— | ||||||
| (A) in paragraph (1), by striking out “is under indictment for, or who”; (B) by amending paragraph (3) to read as follows: |
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| “(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));”; | Drugs and drug abuse. | |||||
| (C) by inserting after paragraph (4) the following new paragraphs: | ||||||
| “(5) who, being an alien, is illegally or unlawfully in the United States; “(6) who has been discharged from the Armed Forces under dishonorable conditions; or “(7) who, having been a citizen of the United States, has renounced his citizenship;”; and |
Aliens. | |||||
| (D) by striking out “to ship or transport any firearm or ammunition in interstate or foreign commerce.” and inserting in lieu thereof “to ship or transport 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.”; |
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| (7) so that subsection (h) reads as follows: | ||||||
| “(h) It shall be unlawful for any individual, who to that individual’s knowledge and while being employed for any person described in any paragraph of subsection (g) of this section, in the course of such employment— | ||||||
| “(1) to receive, possess, or transport any firearm or ammunition in or affecting interstate or foreign commerce; or “(2) to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”; (8) by inserting after subsection (m) the following: |
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| “(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”; and | ||||||
| (9) by inserting after the subsection added by paragraph (8) of this section the following: | ||||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 453 | |||||
| Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. | ||||||
| “(2) This subsection does not apply with respect to— | ||||||
| “(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or “(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.”. |
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| SEC. 103. AMENDMENTS TO SECTION 923. | ||||||
| Section 923 of title 18, United States Code, is amended | ||||||
| (1) in subsection (a)— | Imports. | |||||
| (A) by striking out the first sentence and inserting in lieu thereof “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 Secretary.”; and (B) by striking out “and contain such information”, and inserting in lieu thereof “and contain only that information necessary to determine eligibility for licensing.”; |
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| (2) in subsection (a)(3)(B), by striking out “or ammunition for firearms other than destructive devices,”; | ||||||
| (3) in subsection (b), by striking out “and contain such information” and inserting in lieu thereof “and contain only that information necessary to determine eligibility”; | ||||||
| (4) in subsection (c), by adding at the end “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.”; | ||||||
| (5) in subsection (e), by inserting “willfully” before “violated”; | ||||||
| (6) in subsection (f)— | ||||||
| (A) in paragraph (3)— | ||||||
| (i) by inserting “de novo” before “judicial”; and (ii) by inserting “whether or not such evidence was considered at the hearing held under paragraph (2).” after “to the proceeding”; and |
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| (B)by adding at the end the following new paragraph: | ||||||
| “(4) If criminal proceedings are instituted against a licensee alleging any violation of this chapter or of rules or regulations prescribed and crime. 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 Secretary 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 | ||||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 454 | |||||
| instituted by the Secretary more than one year after the filing of the indictment or information.”; | ||||||
| (7) so that subsection (g) reads as follows: | ||||||
| “(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 Secretary may by regulations prescribe. Such importers, manufacturers, and dealers shall not be required to submit to the Secretary reports and information with respect to such records and the contents thereof, except as expressly required by this section. The Secretary, 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 and securing from such magistrate 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— | Records. | |||||
| “(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 Secretary 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 not more than once during any twelve-month period; 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 Secretary 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 Secretary 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 Secretary to seize any records or other documents other than those records or documents constituting material evidence of a violation of law. If the Secretary seizes such records or documents, copies shall be provided the licensee within a | ||||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 455 | |||||
| reasonable time. The Secretary may make available to any Federal, State, or local law enforcement agency any information which he may obtain by resison 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. | State and local governments. | |||||
| “(2) Each licensed collector shall maintain in a bound volume the nature of which the Secretary 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 Secretary reports and information with respect to such records and the contents thereof, except as expressly required by this section. | ||||||
| “(3) 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 totaling two or more, to an unlicensed person. The report shall be prepared on a form specified by the Secretary and forwarded to the office specified thereon not later than the close of business on the day that the multiple sale or other disposition occurs. | Reports. | |||||
| ‘(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 Secretary. However, where State law or local ordinance requires the delivery of records to other responsible authority, the Secretary 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 Secretary, and until notified to the contrary in writing by the Secretary, submit on a form specified by the Secretary, 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 Secretary in such letter may specify. | ||||||
| “(B) The Secretary may authorize such record information to be submitted in a manner 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 Secretary, and the Secretary approves such alternate method of reporting.”; and | ||||||
| (8) so that subsection (j) reads as follows: | ||||||
| “(j) A licensed importer, licensed manufacturer, or licensed dealer may, under rules or regulations prescribed by the Secretary, 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 collec- | Business and industry. | |||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 456 | |||||
| tion, 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 Secretary at such temporary location shall be limited to inventory consisting of, or records relating to, firearms held or disposed at such temporary location. Nothing in this subsection shall be construed to authorize the Secretary 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.”. | Records. | |||||
| SEC. 104. AMENDMENTS TO SECTION 924. | ||||||
| (a) IN GENERAL.—Section 924 of title United States Code, is amended— | Law enforcement and crime. | |||||
| (1) so that subsection (a) reads as follows: | ||||||
| “(a)(1) Except as otherwise provided in paragraph (2) of this subsection, subsection (b) or (c) of this section, or in section 929, whoever— | 18 use 929. | |||||
| “(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), (a)(6), (f), (g), (i), (j). or (k) of section 922; | 18 use 922. | |||||
| “(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(1); or | ||||||
| “(D) willfully violates any other provision of this chapter, | ||||||
| shall be fined not more than $5,000, imprisoned not more than five years, or both, and shall become eligible for parole as the Parole Commission shall determine. | ||||||
| “(2) 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 not more than $1,000, imprisoned not more than one year, or both, and shall become eligible for parole as the Parole Commission shall determine.”; | ||||||
| (2)in subsection (c)— | ||||||
| (A) by inserting “(1)” before “Whoever,”; | ||||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 457 | |||||
| (B) by striking out “violence” each place it appears and inserting in lieu thereof “violence or drug trafficking crime,”; | ||||||
| (C) by inserting “or drug trafficking crime” before “in which the firearm was used or carried.”; | ||||||
| (D) in the first sentence, by striking out the period at the end and inserting in lieu thereof “, and if the firearm is a machinegun, or is equipped with a firearm silencer or firearm muffler, to imprisonment for ten years.”; | ||||||
| (E) in the second sentence, by striking out the period at the end and inserting in lieu thereof “, and if the firearm is a machinegun, or is equipped with a firearm silencer or firearm muffler, to imprisonment for twenty years.”; and | ||||||
| (F) by adding at the end the following: | ||||||
| “(2) For purposes of this subsection, the term ‘drug trafficking crime’ means any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled sub- stance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802 )). | ||||||
| “(3) For purposes of this subsection the term ‘crime of violence’ means an offense that is a felony and— | ||||||
| “(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or | ||||||
| “(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.”; | ||||||
| (3) by amending subsection (d) to read as follows: | Imports. | |||||
| “(d)(1) Any firearm or ammunition involved in or used in any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 922, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 922(1), or knowing violation of section 924, or willful violation of any other provision of this chapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, or any firearm or ammunition intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5845(a) of that Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter: Provided, That upon acquittal of the owner or possessor, or dismissal of the charges against him other than upon motion of the Government prior to trial, the seized firearms or ammunition shall be returned forthwith to the owner or possessor or to a person delegated by the owner or possessor unless the return of the firearms or ammunition would place the owner or possessor or his delegate in violation of law. Any action or proceeding for the forfeiture of firearms or ammunition shall be commenced within one hundred and twenty days of such seizure. | 18 USC 922. 26 USC 1 et seq. 26 USC 5845. |
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| “(2)(A) In any action or proceeding for the return of firearms or ammunition seized under the provisions of this chapter, the court shall allow the prevailing party, other than the United States, a reasonable attorney’s fee, and the United States shall be liable therefor. | ||||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 458 | |||||
| “(B) In any other action or proceeding under the provisions of this chapter, the court, when it finds that such action was without foundation, or was initiated vexatiously, frivolously, or in bad faith, shall allow the prevailing party, other than the United States, a reasonable attorney’s fee, and the United States shall be liable therefor. | ||||||
| “(C) Only those firearms or quantities of ammunition particularly named and individually identified as involved in or used in any violation of the provisions of this chapter or any rule or regulation issued thereunder, or any other criminal law of the United States or as intended to be used in any offense referred to in paragraph (3) of this subsection, where such intent is demonstrated by clear and convincing evidence, shall be subject to seizure, forfeiture, and disposition. | ||||||
| “(D) The United States shall be liable for attorneys’ fees under this paragraph only to the extent provided in advance by appropriation Acts. | ||||||
| “(3) The offenses referred to in paragraphs (1) and (2XC) of this subsection are— | ||||||
| “(A) any crime of violence, as that term is defined in section 924(c)(3) of this title; | 18 use 924. | |||||
| “(B) any offense punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq ) | ||||||
| “(C) any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title, where the firearm or ammunition intended to be used in any such offense is involved in a pattern of activities which includes a violation of any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) of this title; | 18 use 922. | |||||
| “(D) any offense described in section 922(d) of this title where the firearm or ammunition is intended to be used in such offense by the transferor of such firearm or ammunition; | ||||||
| “(E) any offense described in section 922(i), 9220”), 922(1), 922(n), or 924(b) of this title; and | ||||||
| “(F) any offense which may be prosecuted in a court of the United States which involves the exportation of firearms or ammunition.”; and | ||||||
| (4) by adding at the end the following new subsection: | ||||||
| “(e)(1) In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for robbery or burglary, or both, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g), and such person shall not be eligible for parole with respect to the sentence imposed under this subsection. | ||||||
| “(2) As used in this subsection— | ||||||
| “(A) the term ‘robbery’ means any crime punishable by a term of imprisonment exceeding one year and consisting of the taking of the property of another from the person or presence of another by force or violence, or by threatening or placing another person in fear that any person will imminently be subjected to bodily harm; and | ||||||
| “(B) the term ‘burglary’ means any crime punishable by a term of imprisonment exceeding one year and consisting of | ||||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 459 | |||||
| entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense.”. | ||||||
| (b) CONFORMING REPEAL.—Title VII of the Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C. App. 1201 et seq SEC. 105. AMENDMENTS TO SECTION 925. | ||||||
| Section 925 of title 18 , United States Code, is amended | ||||||
| (1) in subsection (c)— | ||||||
| (A) by striking out “has been convicted of a crime punishable by imprisonment for a term exceeding one year (other than a crime involving the use of a firearm or other weapon or a violation of this chapter or of the National Firearms Act)” and inserting in lieu thereof “is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition”; | ||||||
| (B) by inserting “transportation,” after “shipment,”; | ||||||
| (C)by striking out “and incurred by reason of such conviction”; and | ||||||
| (D) by inserting “Any person whose application for relief from disabilities is denied by the Secretary may file a petition with the United States district court for the district in which he resides for a judicial review of such denial. The court may in its discretion admit additional evidence where failure to do so would result in a miscarriage of justice.” after “the public interest.”; and | ||||||
| (2) in subsection (d)— | ||||||
| (A) by striking out “may authorize” and inserting in lieu thereof “shall authorize”; | ||||||
| (B) by striking out “the person importing or bringing in the firearm or ammunition establishes to the satisfaction of the Secretary that”; | ||||||
| (C) in paragraph (3), by inserting before the semicolon “,except in any case where the Secretary has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled”; and | ||||||
| (D) by striking out “may permit” and inserting in lieu thereof “shall permit”. | ||||||
| SEC. 106. AMENDMENTS TO SECTION 926. | ||||||
| Section 926 of title 18 of the United States Code is amended | ||||||
| (1) by inserting “(a)” before “The Secretary” the first place it occurs; | ||||||
| (2) by inserting “only” after “prescribe”; | ||||||
| (3) by striking out “as he deems reasonably” and inserting in lieu thereof “as are”; | ||||||
| (4) by striking out the last sentence and inserting in lieu thereof “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. | ||||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 460 | |||||
| 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.”; and | ||||||
| (5) by adding at the end the following: | ||||||
| “(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.”. | 18 use 845. | |||||
| SEC. 107. TRANSPORTATION OF FIREARMS. | ||||||
| (a) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by inserting between section 926 and section 927 the following new section: | ||||||
| Ҥ 926A. Interstate transportation of firearms | 18 use 926A. | |||||
| “Any person not prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport an unloaded, not readily accessible firearm in interstate commerce notwithstanding any provision of any legislation enacted, or any rule or regulation prescribed by any State or political subdivision thereof”. | ||||||
| (b) CLERICAL AMENDMENT.—The table of sections for chapter 44 of title 18, United States Code, is amended by inserting between the item relating to section 926 and the item relating to section 927 the following new item: “926A. Interstate transportation of firearms.”. | ||||||
| SEC. 108. AMENDMENTS TO SECTION 929. | ||||||
| Section 929(a) of title 18, | ||||||
| (1) by inserting “(1)” before “Whoever,”; | ||||||
| (2) by striking out “violence” each place it appears and inserting in lieu thereof “violence or drug trafficking crime,”; and | ||||||
| (3) by adding at the end the following: | ||||||
| “(2) For purposes of this subsection, the term ‘drug trafficking crime’ means any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).”. | ||||||
| SEC. 109. AMENDMENT OF NATIONAL FIREARMS ACT. | ||||||
| (a) Section 58450)) of the National Firearms Act (26 U.S.C. 5845(b) is amended by striking out “any combination of parts designed and intended for use in converting a weapon into a machinegun,” and inserting in lieu thereof “any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun,”. | ||||||
| (b)CONFORMING AMENDMENT.— | ||||||
| Section 5845 of the National Firearms Act (26 U.S.C. 5845 silencer (as defined in section 921 of title 18 SEC. 110. EFFECTIVE DATE. | ||||||
| IN GENERAL.—The amendments made by this Act shall become effective one hundred and eighty days after the date of the enactment of this Act. Upon their becoming effective, the Secretary shall | 18 use 921 note. | |||||
| PUBLIC LAW 99-308-MAY 19, 1986 | 100 STAT. 461 | |||||
| publish and provide to all licensees a compilation of the State laws and published ordinances of which licensees are presumed to have knowledge pursuant to chapter 44 of title 18, United States Code, as amended by this Act. All amendments to such State laws and published ordinances as contained in the aforementioned compilation shall be published in the Federal Register, revised annually. and furnished to each person licensed under chapter 44 of title 18, United States Code, as amended by this Act. | 18 USC 921 et *9- Federal Register publication. |
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| (b) PENDING ACTIONS, PETITIONS, AND APPELLATE PROCEEDINGS.—The amendments made by sections 103(6)(B), 105, and 107 of this Act shall be applicable to any action, petition, or appellate proceeding pending on the date of the enactment of this Act. | ||||||
| (c) MACHINEGUN PROHIBITION.—Section 102(9) shall take effect on the date of the enactment of this Act. | ||||||
| Approved May 19, 1986. | ||||||
| LEGISLATIVE HISTORY—S. 49 (H.R. 4332): HOUSE REPORTS: No. 99-495 accompanying H.R. 4332 (Comm. on the Judiciary). CONGRESSIONAL RECORD: |
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| Vol. 131 (1985): June 24, July 9, considered and passed Senate. Vol. 132 (1986): Apr. 9, 10, H.R. 4332 considered and passed House; S. 49, amended, passed in lieu. |
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| May 6, Senate concurred in House amendments. | ||||||