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Firearms
Laws For
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Arkansas
As
of March, 2005
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A synopsis of state laws on purchase,
possession and carrying of firearms.
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CAUTION:
Firearm laws are subject to frequent change and
court interpretation. This summary is not intended
as legal advice or restatement of law. This summary
does not include federal or local laws, ordinances
or regulations. For any particular situation, a
licensed local attorney must be consulted for an
accurate interpretation. YOU MUST ABIDE WITH ALL
LAWS: STATE, FEDERAL AND LOCAL.
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QUICK
REFERENCE CHART
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Rifles
and Shotguns
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Handguns
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Permit to
Purchase
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No
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No
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Registration
of Firearms
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No
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No
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Licensing
of Owners
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No
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No
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Permit to
Carry
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No
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Yes
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STATE
CONSTITUTIONAL PROVISION
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"The
citizens of this State shall have the right to keep
and bear arms for their common defense."
Article 2, Section 5.
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PURCHASE
AND POSSESSION
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No state
permit is required for the purchase or possession of
a rifle, shotgun, or handgun. Possession or
ownership of any firearm is unlawful for any person
who has been:
- Convicted
of a felony.
- Adjudicated
a mental defective.
- Committed
involuntarily to any mental institution.
It is
unlawful to sell, give, rent, or otherwise furnish a
firearm to a person under 18 without the consent of
a parent, guardian, or other person responsible for
the general supervision of the minor`s welfare.
"Possession
of firearms . . . in fields, forests, along streams,
or in any location known to be game cover . . .
shall be considered prima facie evidence that the
possessor is hunting...." It is "unlawful
to refuse or to fail to immediately surrender for
inspection any weapon . . . on request of a wildlife
officer or other person authorized to enforce
regulations of the (game) Commission."
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CARRYING
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It is
unlawful for a person to possess a handgun on or
about his person, in a vehicle occupied by him, or
otherwise readily available for use with a purpose
to employ it as a weapon against a person. It is
also unlawful to possess a firearm upon the property
of public or private schools, public or private
college or upon a school bus.
It is a
defense that at the time of the act:
- The
person is in his own dwelling or place of
business or on property in which he has a
possessor or proprietary interest.
- The
person is a law enforcement officer, prison
guard, or member of the armed forces, acting in
the course and scope of official duties.
- The
person is, by request, assisting a law
enforcement officer, prison guard, or member of
the armed forces acting in the course and scope
of his official duties.
- The
person is carrying a handgun when upon a
journey, unless he is under 18.
- The
person is a licensed security guard acting in
the course and scope of his duties.
- The
person is taking a hunter safety course, hunting
or going to and from such activities.
- The
person is taking part in a school approved
educational or sporting activity.
- The
person is a minor engaged in lawful marksmanship
competition or practice or other lawful
recreational shooting under the supervision of
his parent or legal guardian or is traveling to
or from this activity with an unloaded handgun
or firearm accompanied by his parent or legal
guardian.
Arkansas
courts have held that there is a legal presumption
of fact that a loaded handgun under the front seat
or in the glove compartment of a car driven by the
defendant has been placed there as a weapon. This
presumption may be refuted by proof offered by the
defendant, but it is a question of fact for the jury
to decide whether the handgun is carried as a
weapon. Generally, law enforcement authorities agree
that an unloaded and cased handgun is not carried as
a weapon.
It is
lawful to carry a handgun concealed with a license.
Application for a license to carry a handgun
concealed is made to the Arkansas State Police. The
license is valid throughout the state for 4 years
from the date of issuance and may include up to 3
handguns. The licensee must carry the license,
together with valid identification. The application
shall be completed under oath on a form promulgated
by the Director of State Police and shall include
the applicant`s name, address, place of birth, race,
sex, occupation, driver`s license or social security
number, full-face photograph and a statement of
whether the applicant is applying for an
unrestricted permit, which allows the person to
carry any handgun, or a restricted permit, which
allows the person to carry any handgun other than a
semiautomatic handgun. The non-refundable license
fee is $100. Costs for processing the set of
fingerprints shall be borne by the applicant. The
Arkansas State Police must conduct fingerprinting.
The license shall be renewed upon receipt of the
completed renewal application and appropriate
payment of fees. The director shall issue the
license if the applicant: is a resident of the State
for 1 year or longer; is at least 21; does not
suffer from a mental or physical infirmity which
prevents the safe handling of a handgun and has not
threatened or attempted suicide; has not been
convicted of a felony; has not been found guilty of
one or more crimes of violence or for the offense of
carrying a weapon within the preceding five years;
is not subject to any federal, state or local law
which makes it unlawful to receive, possess or
transport any firearm, and has had his or her
background checked through the Federal Bureau of
Investigation`s National Instant Criminal Background
Check System (NICS); has not been voluntarily or
involuntarily committed to a treatment facility for
the abuse of a controlled substance or been found
guilty of a crime relating to controlled substances
within the previous three years; has not been
voluntarily or involuntarily committed as an
alcoholic to a treatment facility or has not been
convicted of 2 or more alcohol offenses within the
previous three years; does not chronically or
habitually abuse controlled substances to the extent
that his normal faculties are impaired; desires a
legal means to carry a concealed handgun to defend
himself; has not been voluntarily or involuntarily
committed to a mental institution or mental health
treatment facility; is not a fugitive from justice;
has satisfactorily completed a training course as
prescribed and approved by the Director of State
Police; signs a statement of allegiance to the
United States and the Arkansas Constitution.
The
director shall issue or deny the license within 120
days. If the director denies the license, the
director shall notify the applicant in writing,
stating the grounds for denial. The decision of the
director shall be final. Within 30 days after the
change of address or within 30 days after having a
license or handgun lost or disposed of, the licensee
shall notify the director in writing of such change
or loss or disposition.
Any person
in possession of a valid license issued by another
state to carry a concealed handgun shall be entitled
to the privileges and subject to the restrictions
prescribed by Arkansas` concealed handgun law,
provided that the concealed handgun law of the state
that issued the license is at least as restrictive
as Arkansas` concealed handgun law and that the
state that issued the license recognizes Arkansas`
concealed handgun licenses.
A license
does not authorize any person to carry a concealed
handgun into any police station, any Arkansas
Highway Police facility, any buildings of the
Arkansas State Highway and Transportation
Department, or onto any parking lots or grounds
adjacent to such buildings; any detention facility;
any courthouse or courtroom; any portion of an
establishment, except a restaurant, licensed to
dispense alcoholic beverages for consumption on the
premises; any school or college or event unless for
the purpose of participating in an authorized
firearms-related activity; any polling place;
meeting of a governmental body; any state office
building; place of worship; airport terminal; or
where prohibited by federal law. Carrying of a
concealed handgun may not be allowed in any place in
the discretion of the person or entity exercising
control over the physical location of such place by
the placing of a written notice clearly readable at
a distance of not less than 10 feet that the
"carrying of a handgun is prohibited" and
posted at each entrance to the location. No sign
shall be required for private homes and any licensee
entering a private home shall notify the occupants
that he is carrying a concealed handgun.
It is
unlawful to transport a firearm in a boat at night,
unless it is unloaded and cased.
It is
unlawful for any person, other than a law
enforcement officer or a security guard in the
employ of the State or any agency thereof, to carry
or possess a loaded firearm in any State office
building or other State owned building, or on the
State Capitol grounds.
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ANTIQUES
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Arkansas
statutes are silent on antique and replica firearms.
They are treated as ordinary firearms for possession
and carrying purposes.
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NATIONAL
FIREARMS ACT FIREARMS
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A machine
gun is defined as "a weapon of any description
by whatever name known, loaded or unloaded from
which more than five shots or bullets may be
rapidly, or automatically, or semi-automatically
discharged from a magazine, by a single function of
the firing device."
Machine
guns must be registered with the Secretary of State,
in addition to being registered under Federal Law.
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MISCELLANEOUS
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It is
unlawful to deface the serial number or
identification mark of a firearm, or to knowingly
possess such a firearm.
It is
unlawful to shoot from or across a public road or
right of way.
A local
unit of government shall not enact any ordinance or
regulation pertaining to, or regulate in any other
manner, the ownership, transfer, transportation,
carrying, or possession of firearms, ammunition for
firearms, or components of firearms, except as
otherwise provided in state or federal law. This
shall not prevent the enactment of an ordinance
regulating or forbidding the unsafe discharge of a
firearm.
Only the
State of Arkansas has the authority to bring suit
against a firearm or ammunition manufacturer or
dealer, however in a proclamation by the Governor of
a state of emergency, the governing body of a local
unit of government may enact an emergency ordinance
regulating firearms.
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SOURCES
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Arkansas
Code Annotated sec. 5-73-101 through sec. 5-73-402.
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National
Instant Criminal Background Check System Fact Sheet
Brady Act Requirements
Mandated by the Brady
Handgun Violence Prevention Act (Brady Act) of 1993, Public Law
103-159, the National Instant Criminal Background Check System (NICS)
was established for Federal Firearms Licensees (FFLs) to contact by
telephone, or other electronic means, for information to be supplied
immediately on whether the transfer of a firearm would be in violation
of Section 922 (g) or (n) of Title 18, United States Code, or state
law. The Brady Act is a public record and is available from many
sources including the Internet at www.atf.treas.gov.
The NICS is a national
system that checks available records on persons who may be
disqualified from receiving firearms. The FBI developed the system
through a cooperative effort with the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) and local and state law enforcement
agencies. The NICS is a computerized background check system designed
to respond within 30 seconds on most background check inquiries so the
FFLs receive an almost immediate response. Depending on the
willingness of state governments to act as a liaison for the NICS, the
FFLs contact either the FBI or a designated state point-of-contact (POC)
to initiate background checks on individuals purchasing or redeeming
firearms, and in certain instances, firearm-related permits. The
background check process, as performed by the FBI and by state POCs,
is described below.
The NICS Section
Located at the FBI's
Criminal Justice Information Services (CJIS) Division in Clarksburg,
West Virginia, the NICS Section processes background checks for the
FFLs in those states that have declined to serve as POCs for the NICS.
The FFLs conducting business in these states will contact the NICS
either by telephone, via one of two contracted call centers, or
electronically by the NICS E-Check System via the Internet. When
contacting the NICS by telephone, the FFL will provide the prospective
After contacting the NICS, via two contracted call centers, either by
telephone or electronically by the NICS E-Check System via the
Internet, FFLs will provide the descriptive information provided on
the ATF Form 4473, which is required by law to be completed and signed
by every prospective firearm transferee. The prospective firearm
transferee's descriptive information is required descriptive , the FFL
will receive a response that the transfer may proceed or is delayed.
This response is typically provided within 30 seconds.
If no matching
records are returned by any of the databases, the transaction is
automatically proceeded. If the NICS returns a match of the
prospective firearm transferee's descriptive information to that of
record information located in any of the databases, the FFL is advised
that the transaction is delayed. While the FFL is still on the
telephone, the call is placed on hold and transferred to the NICS
Section in Clarksburg, West Virginia, for a quick review and
evaluation by an FBI NICS Legal Instruments Examiner (NICS Examiner).
If the record information returned by the NICS presents a valid match
to the descriptive information of the prospective firearm transferee,
the NICS Examiners, who have access to protected information (as
opposed to Call Center personnel who do not have such access) reviews
the information if state and federal firearm prohibitive criteria
exists. If the information matched by the NICS is not a valid match or
no prohibitive criteria exists, the FBI NICS Examiner will advise the
FFL to PROCEED with the firearm transaction. The FFL must
record the NICS Transaction Number (NTN) on the ATF Form 4473 and
retain the form for auditing purposes.
If it is determined
that prohibitive criteria exists, the FBI NICS Examiner will advise
the FFL to DENY the firearm transaction. If potentially
prohibitive criteria exists and more information is required in order
to make the determination, the NICS Examiner will advise the FFL to DELAY
the firearm transaction and the call is concluded. The FFL must record
the NTN on the ATF Form 4473 and retain the form for auditing
purposes.
When a transaction is DELAYED,
the FBI NICS Examiner begins extensive research on the potential
prohibitor. When the research is complete, the FBI NICS Examiner calls
the FFL and gives a PROCEED or DENY decision on the
firearm transaction.
On the third business
day of a DELAYED transaction, the NICS Examiner is required to
call the FFL and advise him/her of their rights under the Brady Act to
transfer the firearm after the third business day. If the
delayed transaction cannot be resolved within the allowed three
business days, it is at the discretion of the FFL whether to allow the
firearm transfer. However, the NICS Section continues to research the
case in an effort to obtain complete disposition information. Business
days do not include the day the check was initiated Saturdays,
Sundays, and any day state offices in the state of purchase are
closed.
Privacy and Security of NICS Information
The privacy and
security of the information in the NICS is of great importance. In
October of 1998, the Attorney General published regulations on the
privacy and security of NICS information, including the proper and
official use of this information. These regulations are available on
the NICS web site (www.fbi.gov/hq/cjisd/nics/index.htm).
Data stored in the NICS are documented federal data, and access to
that information is restricted to agencies authorized by the FBI.
Extensive measures are taken to ensure the security and integrity of
the system information and agency use. The NICS is not to be used to
establish a federal firearm registry; information about an inquiry
resulting in an allowed transfer is destroyed in accordance with NICS
regulations.
NICS Appeals
Individuals who are
denied the purchase of a firearm may request that the NICS or the
state which processed their transaction provide the reasons for the
denial. The regulations address the process for filing an appeal.
Appellants must include the NTN assigned to their transaction. Appeals
may be submitted via facsimile at 1-888-55-6427; by e-mail at nicsappeals@leo.gov;
or by mail to the NICS Section, Appeal Services Unit, Post Office Box
4278, Clarksburg,
West Virginia 26302-9922.
Federal Categories of Persons Prohibited From Receiving
1. A Person convicted
of/under indictment for a crime punishable by imprisonment for a term
exceeding one year, whether or not sentence was imposed. This includes
misdemeanor offenses with a potential term of imprisonment in excess
of two years, whether or not the sentence was imposed.
2. A person who is a
fugitive from justice; for example, the subject of an active felony or
misdemeanor warrant.
3. An unlawful user
and/or an addict of any controlled substance; for example, a person
convicted for the use or possession of a controlled substance within
the past year; or a person with multiple arrests for the use of
possession of a controlled substance within the past five years with
the most recent arrest occurring within the past year; or a person
found through a drug test to use a controlled substance unlawfully,
provided the test was administered within the past year.
4. A person adjudicated
a mental defective or involuntarily commited to a mental institution
or incompetent to handle their own affairs, including dispositions to
criminal charges of found not guilty by reason of insanity or found
incompetent to stand trial.
5. An alien
illegally/unlawfully in the United States or a non-immigrant who does
not qualify for exceptions under 18 United States Code 922(y); for
example, not having possession of a valid hunting license.
6. A person
dishonorably discharged from the United States Armed Forces.
7. A person who has
renounced their citizenship.
8. The subject of a
protection order issued after a hearing of which the respondent had
notice that restrains them from harassing, stalking, or threatening an
intimate partner or child of such partner. This does not include ex
parte orders.
9. A person convicted
in any court of a misdemeanor crime which has an element or the use or
attempted use of physical force or threatened use of a deadly weapon
and the defendant was the spouse, former spouse, parent, guardian of
the victim, by a person with whom the victim shares a child in common,
by a person who is cohabiting with or has cohabited with in the past
with the victim as a spouse, parent, guardian or similar situation to
a spouse, parent or guardian of the victim.
GUN
CONTROL ACT OF 1968
SUMMARY
The basic objectives of
Title I of the Gun Control Act of 1968 were to ban mail-order sales of
firearms and ammunition, confine the purchase of firearms to the
buyer's state of residence, and prohibit certain classes of persons
from purchasing, receiving or transporting firearms or ammunition in
interstate commerce. Specifically, Title I prohibits dealers from
selling any firearm or ammunition to any person who is:
a.
convicted of or under indictment for a felony
b.a
fugitive
c.adjudicated
as a mental defective or who has been committed to any mental
institution.
d.addicted
to or an unlawful user of marihuana or a stimulant, depressant, or
narcotic drug.
e.less
than eighteen years of age for the purchase of a shotgun or rifle
f.less
than twenty-one years of age for the purchase of a firearm that is
other than a shotgun or rifle
g.a
non resident of the State in whichthe licensee's place of business is
located
h.an
alien illegally or unlawfully in the United States
i.dishonorably
discharged from the armed forces
j.subject
to a court order that restrains such person from harassing, stalking,
or threatening an intimate partner
k.convicted
in any court of a misdemeanor crime of domestic violence
Such persons
correspondingly are prohibited from purchasing or otherwise acquiring
any firearm or ammunition which has been shipped in interstate
commerce, and also are prohibited from shipping or transporting any
firearm or ammunition in interstate commerce.
With certain
exceptions-primarily, the purchase of rifles and shotguns-all
over-the-counter purchases of firearms by persons other than dealers
must be made within the buyer's state ofresidence. A private
individual is prohibited from selling a firearm to any buyer whom he
has reason to believe resides in another state.
Title I also requires
all persons engaged in the business of dealing in firearms to be
federally licensed. Dealers must require from all firearms purchasers
proof of identity and residence, and buyers must sign under penalty of
statement certifying eligibility to purchase.
It shall be unlawful
for any licensed importer, licensed manufacturer, or licensed dealer
to sell, deliver, or transfer a firearm unless the federal firearms
licensee contacts the national instant criminal background check
system via a chief law enforcement officer and receives notice from
the chief law enforcement officer that the officer has no information
indicating that receipt or possession of the firearm by the transferee
would violate Federal, State, or local law.
Dealers are required to
keep records of all firearms and are forbidden from selling handguns
to persons under 21, or rifles and shotguns to persons under 18.
Additionally, dealers are prohibited from making any sale of firearms
or ammunition which would place the buyer in violation of state or
local law.
Finally, Title I
forbids the importation of some military surplus firearms, and permits
importation only of firearms shown to be "particularly suitable
for, or readily adaptable for sporting purposes."
Title II of the Gun
Control Act of 1968 is a revision of the National Firearms Act of
1934, and pertains to machine guns, short or "sawed-off"
shotguns and rifles, and so-called "destructive devices"
(including grenades, mortars, rocket launchers, large projectiles, and
other heavy ordance).Acquisition of these weapons is subject to prior
approval of the Attorney General, and federal registration is required
for possession. Generally, a $200 tax is imposed upon each transfer or
making of any Title II weapon.
A violation of most
provisions of Title I, or the making of any false statement with
respect to information required to be recorded for the acquisition or
sale of firearms or ammunition, is punishable by imprisonment for up
to five years and a $5,000 fine.
Any person convicted of
transporting or receiving firearms or ammunition in interstate
commerce with intent to commit a felony therewith may be punished by
imprisonment for up to ten years, and fined up to $10,000.
In addition, any
firearms "involved in or used or intended to be used in" any
violation of Title I, or of any regulation promulgated thereunder, or
of any violation of any federal criminal law, is subject to seizure
and foriture. Any violation of, or failure to comply with,
any provision of Title II is punishable by imprisonment for up to ten
years and a $10,000 fine. (Emphasis added.)
Administration and
enforcement of the Gun Control Act are the responsibility of the
Bureau of Alcohol, Tobacco, Firearms and Explosives, of the U.S.
Department of Justice.
Gun
Control Act Of 1968
(P.
L. 90-618 As Amended,
Principally
By P.L. 99-3081)
Title
I : State Firearms Control Assistance
Chapter 44. Firearms
(Title18, U.S. Code,
Sections 921-929)
PURPOSE
SEC. 101.The Congress
hereby declares that the purpose of this title is to provide support
to Federal, State, and local law enforcement officials in their fight
against crime and violence, and 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, or provide for the imposition by Federal regulations
of any procedures or requirements other than those reasonably
necessary to implement and effectuate the provisions of this title.
Sec.
921. Definitions
(a) As used in this
chapter [18 USCS Sec.Sec.921 et seq.]:
(1) The term
"person" and the term "whoever" include any
individual, corporation, company, association, firm, partnership,
society, or joint stock company.
(2) The term
"interstate or foreign commerce" includes commerce between
any place in a State and any place outside of that State, or within
any possession of the United States (not including the Canal Zone) or
the District of Columbia, but such term does not include commerce
between places within the same State but through any place outside of
that State. The term "State" includes the District of
Columbia, the Commonwealth of Puerto Rico, and the possessions of the
United States (not including the Canal Zone).
(3) The term
"firearm" means
(A) any weapon
(including a starter gun) which will or is designed to or may readily
be converted to expel a projectile by the action of an explosive;
(B) the frame or
receiver of any such weapon;
(C) any firearm muffler
or firearm silencer; or
(D) any destructive
device. Such term does not include an antique firearm.(4) The term
"destructive device" means:
(A) any explosive,
incendiary, or poison gas:
(i) bomb,
(ii) grenade,
(iii) rocket having a
propellant charge of more than four ounces,
(iv) missile having an
explosive or incendiary charge of more than one-quarter ounce,
(v) mine, or
(vi) device similar to
any of the devices described in the preceding clauses;
(B) any type of weapon
(other than a shotgun or a shotgun shell which the Secretary finds is
generally recognized as particularly suitable for sporting purposes)
by whatever name known which will, or which may be readily converted
to, expel a projectile by the action of an explosive or other
propellant, and which has any barrel with a bore of more than one-half
inch in diameter; and
(C) any combination of
parts either designed or intended for use in converting any device
into any destructive device described in subparagraph (A) or (B) and
from which a destructive device may be readily assembled.
The term
"destructive device" shall not include any device which is
neither designed nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is redesigned
for use as a signaling, pyrotechnic, line throwing, safety, or similar
device; surplus ordinance sold, loaned, or given by the Secretary of
the Army pursuant to the provisions of section 4684(2), 4685, or 4686
of title 10; or any other device which the Attorney General finds is
not likely to be used as a weapon, is an antique, or is a rifle which
the owner intends to use solely for sporting, recreational or cultural
purposes.
(5) The term
"shotgun" means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of an explosive to
fire through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
(6) The term
"short-barreled shotgun" means a shotgun having one or more
barrels less than eighteen inches in length and any weapon made from a
shotgun (whether by alteration, modification, or otherwise) if such
weapon as modified has an overall length of less than twenty-six
inches.
(7) The term
"rifle" means a weapon designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of an explosive to
fire only a single projectile through a rifled bore for each single
pull of the trigger.
(8) The term
"short-barreled rifle" means a rifle having one or more
barrels less than sixteen inches in length and any weapon made from a
rifle (whether by alteration, modification, or otherwise) if such
weapon, as modified, has an overall length of less than twenty-six
inches.
(9) The term
"importer" means any person engaged in the business of
importing or bringing firearms or ammunition into the United States
for purposes of sale or distribution; and the term "licensed
importer" means any such person licensed under the provisions of
this chapter [18 USCS Sec.Sec.921 et seq.].
(10) The term
"manufacturer" means any person engaged in the business of
manufacturing firearms or ammunition for purposes of sale or
distribution; and the term "licensed manufacturer" means any
such person licensed under the provisions of this chapter [18
USCS Sec.Sec.921 et seq.].
(11) The term
"dealer" means (A) any person engaged in the business of
selling firearms at wholesale or retail, (B) any person engaged in the
business of repairing firearms or of making or fitting special
barrels, stocks, or trigger mechanisms to firearms, or (C) any person
who is a pawnbroker. The term "licensed dealer" means any
dealer who is licensed under the provisions of this chapter
[18 USCS Sec.Sec.921 et seq].
(12) The term
"pawnbroker" means any person whose business or occupation
includes the taking or receiving, by way of pledge or pawn, of any
firearm as security for the payment or repayment of money.
(13) The term
"collector" means any person who acquires, holds, or
disposes of firearms as curios or relics, as the Secretary shall by
regulation define, and the term "licensed collector" means
any such person licensed under the provisions of this chapter
[18 USCS Sec.Sec.921 et seq.].
(14) The term
"indictment" includes an indictment or information in any
court under which a crime punishable by imprisonment for a term
exceeding one year may be prosecuted.
(15) The term
"fugitive from justice" means any person who has fled from
any State to avoid prosecution for a crime or to avoid giving
testimony in any criminal proceeding.
(16) The term
"antique firearm" means:
(A) any firearm
(including any firearm with a matchlock, flintlock, percussion cap, or
similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any
firearm described in subparagraph (A) if such replica:
(i) is not designed or
redesigned for using rimfire or conventional centerfire fixed
ammunition, or
(ii) uses rimfire or
conventional centerfire fixed ammunition which is no longer
manufactured in the United States and which is not readily available
in the ordinary channels of commercial trade; or (C) any muzzle
loading rifle, muzzle loading shotgun, or muzzle loading pistol, which
is designed to use black powder, or a black powder substitute, and
which cannot use fixed ammunition.For purposes of this subparagraph,
the term "antique firearm" shall not include any weapon
which incorporates a firearm frame or receiver, any firearm which is
converted into a muzzle loading weapon, or any muzzle loading weapon
which can be readily converted to fire fixed ammunition by replacing
the barrel, bolt, breechblock, or any combination thereof.
(17)(A) The term
"ammunition" means ammunition or cartridge cases, primers,
bullets, or propellant powder designed for use in any firearm.
(B) The term
"armor piercing ammunition" means:
(i) a projectile or
projectile core which may be used in a handgun and which is
constructed entirely (excluding the presence of traces of other
substances) from one or a combination of tungsten alloys, steel, iron,
brass, bronze, beryllium copper, or depleted uranium; or
(ii) a full jacketed
projectile larger than .22 caliber designed and intended for use in a
handgun and whose jacket has a weight of more than 25 percent of the
total weight of the projectile.
(C)The term "armor
piercing ammunition" does not include shotgun shot required by
Federal or State environmental or game regulations for hunting
purposes, a frangible projectile designed for target shooting, a
projectile which the Secretary finds is primarily intended to be used
for sporting purposes, or any other projectile or projectile core
which the Secretary finds is intended to be used for industrial
purposes, including a charge used in an oil and gas well perforating
device.
(18) The term
"Attorney General" means the Attorney General or his
delegate.
(19) The term
"published ordinance" means a published law of any political
subdivision of a State which the Secretary determines to be relevant
to the enforcement of this chapter [18 USCS Sec.Sec.921 et
seq.] and which is contained on a list compiled by the
Secretary, which list shall be published in the Federal Register,
revised annually, and furnished to each licensee under this chapter
[18 USCS Sec.Sec.921 et seq.].
(20) The term
"crime punishable by imprisonment for a term exceeding one
year" does not include:
(A) any Federal or
State offenses pertaining to antitrust violations, unfair trade
practices, restraints of trade, or other similar offenses relating to
the regulation of business practices, or
(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.
(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)(11)(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;
(D) as applied to a
dealer in firearms, as defined in section 921(a)(11)(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
(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.
(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: Provided, That proof of profit shall not be
required as to a person who engages in the regular and repetitive
purchase and disposition of firearms for criminal purposes or
terrorism. For purposes of this paragraph, the term
"terrorism" means activity, directed against United States
persons, which:
(A) is committed by an
individual who is not a national or permanent resident alien of the
United States;
(B) involves violent
acts or acts dangerous to human life which would be a criminal
violation if committed within the jurisdiction of the United States;
and
(C) is intended:
(I) to intimidate or
coerce a civilian population;
(ii) to influence the
policy of a government by intimidation or coercion; or
(iii) to affect the
conduct of a government by assassination or kidnapping.
(23) The term
"machinegun" has the meaning given such term in section
5845(b) of the National Firearms Act (26 U.S.C. 5845(b)).
(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.
(25) The term
"school zone" means&endash;&endash;
(A) in, or on the
grounds of, a public, parochial or private school; or
(B) within a distance
of 1,000 feet from the grounds of a public, parochial or private
school.
(26) The term
"school" means a school which provides elementary or
secondary education, as determined under State law.
(27) The term
"motor vehicle" has the meaning given such term in section
13102 of title 49, United States Code.
(28) The term
"semiautomatic rifle" means any repeating rifle which
utilizes a portion of the energy of a firing cartridge to extract the
fired cartridge case and chamber the next round, and which requires a
separate pull of the trigger to fire each cartridge.
(29) The term
"handgun" means&endash;&endash;
(A) a firearm which has
a short stock and is designed to be held and fired by the use of a
single hand; and
(B) any combination of
parts from which a firearm described in subparagraph (A) can be
assembled.
(30) The term
"semiautomatic assault weapon" means&endash;&endash;
(A) any of the
firearms, or copies or duplicates of the firearms in any caliber,
known as&endash;&endash;
(i) Norinco, Mitchell,
and Poly Technologies Avtomat Kalashnikovs (all models);
(ii) Action Arms
Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70
(SC-70);
(iv) Colt AR-15;
(v) Fabrique National
FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11,
M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9,
TEC-DC9 and TEC-22; and
(ix) revolving cylinder
shotguns, such as (or similar to) the Street Sweeper and Striker 12;
(B) a semiautomatic
rifle that has an ability to accept a detachable magazine and has at
least 2 of&endash;&endash;
(i) a folding or
telescoping stock;
(ii) a pistol grip that
protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor
or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;
(C) a semiautomatic
pistol that has an ability to accept a detachable magazine and has at
least 2 of&endash;&endash;
(i) an ammunition
magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel
capable of accepting a barrel extender, flash suppressor, forward
handgrip, or silencer;
(iii) a shroud that is
attached to, or partially or completely encircles, the barrel and that
permits the shooter to hold the firearm with the nontrigger hand
without being burned;
(iv) a manufactured
weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic
version of an automatic firearm; and
(D) a semiautomatic
shotgun that has at least 2 of&endash;&endash;
(i) a folding or
telescoping stock;
(ii) a pistol grip that
protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine
capacity in excess of 5 rounds; and
(iv) an ability to
accept a detachable magazine.
(31) The term
"large capacity ammunition feeding device"&endash;&endash;
(A) means a magazine,
belt, drum, feed strip, or similar device manufactured after the date
of enactment of the Violent Crime Control and Law Enforcement Act of
1994 [enacted Sept. 13, 1994] that has a capacity of,
or that can be readily restored or converted to accept, more than 10
rounds of ammunition; but
(B) does not include an
attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.
(32) The term
"intimate partner" means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual who
is a parent of a child of the person, and an individual who
cohabitates or has cohabited with the person.
(33)(A) Except as
provided in subparagraph (C), the term "misdemeanor crime of
domestic violence" means an offense that&endash;&endash;
(i) is a misdemeanor
under Federal or State law; and
(ii) has, as an
element, the use or attempted use of physical force, or the threatened
use of a deadly weapon, committed by a current or former spouse,
parent, or guardian of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or has
cohabited with the victim as a spouse, parent, or guardian, or by a
person similarly situated to a spouse, parent, or guardian of the
victim.
(B) (i) A person shall
not be considered to have been convicted of such an offense for
purposes of this chapter [18 USCS Sec.Sec.921 et
seq.], unless&endash;&endash;
(I) the person was
represented by counsel in the case, or knowingly and intelligently
waived the right to counsel in the case; and
(II) in the case of a
prosecution for an offense described in this paragraph for which a
person was entitled to a jury trial in the jurisdiction in which the
case was tried, either
(aa) the case was tried
by a jury, or
(bb) the person
knowingly and intelligently waived the right to have the case tried by
a jury, by guilty plea or otherwise.
(ii) A person shall not
be considered to have been convicted of such an offense for purposes
of this chapter [18 USCS Sec.Sec.921 et seq.] if the
conviction has been expunged or set aside, or is an offense for which
the person has been pardoned or has had civil rights restored (if the
law of the applicable jurisdiction provides for the loss of civil
rights under such an offense) unless the pardon, expungement, or
restoration of civil rights expressly provides that the person may not
ship, transport, possess, or receive firearms.
(b) For the purposes of
this chapter [18 USCS Sec.Sec.921 et seq], a member of
the Armed Forces on active duty is a resident of the State in which
his permanent duty station is located.
(34) The term
"secure gun storage or safety device" means:
(A) a device that, when
installed on a firearm, is designed to prevent the firearm from being
operated without first deactivating the device;
(B) a device
incorporated into the design of the firearm that is designed to
prevent the operation of the firearm by anyone not having access to
the device;or
(C) a safe, gun safe,
gun case, lock box, or other device that is designed to be or can be
used to store a firearm and that is designed to be unlocked only by
means of a key, a combination, or other similar means.
Sec. 922. Unlawful acts
(a) It shall be
unlawful:
(1) or 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;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, transport, or receive any ammunition in interstate
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 person other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, except that:
(A) this paragraph and
subsection (b)(3) shall not be held to preclude a licensed importer,
licensed manufacturer, licensed dealer, 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 licensed collector;
(B) this paragraph
shall not be held to preclude a licensed importer, licensed
manufacturer, 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 construed as applying in any manner in the District
of Columbia, the Commonwealth of Puerto Rico, or anypossession 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 importer, licensed manufacturer, licensed
dealer, or licensed collector to transport into or receive in the
State where he resides (or if the person is a corporation or other
business entity, 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 preclude any person
who lawfully acquires a firearm 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 receipt 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 importer, licensed manufacturer, licensed
dealer, or licensed collector, to transport in interstate or foreign
commerce any destructive device, machinegun (as defined in section
5845 of the Internal Revenue Code of 1954), short-barreled shotgun, or
short-barreledrifle, except as specifically authorized by the
Secretary consistent with public safety and necessity;
(5) for any person
(other than a licensed importer, 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, licensed manufacturer, licensed dealer, or licensed
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 bequest of a firearm to, or an acquisition by
intestate succession of a firearm by, a person who is permitted to
acquire or possess a firearm under the laws of the State of his
residence, 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 acquisition or attempted acquisition of any
firearm or ammunition from a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, knowingly to make any false or
fictitious oral or written statement or to furnish or exhibit any
false, fictitious, or misrepresented identification, intended or
likely todeceive such importer, manufacturer, dealer, or collector
with respect to any fact material to the lawfulness of the sale or
other disposition of such firearm or ammunition under the provisions
of this chapter;
(7) for any person to
manufacture or import armor piercing ammunition, except that this
paragraph shall not apply to:
(A) the manufacture or
importation of such ammunition for the use of the United States or any
department or agency thereof or any State or any department, agency,
or political subdivision thereof;
(B) the manufacture of
such ammunition for the purpose of exportation;and
(C) any manufacture or
importation for the purposes of testing or experimentation authorized
by the Secretary;
(8) for any
manufacturer or importer to sell or deliver armor piercing ammunition,
except that this paragraph shall not apply to:
(A) the sale or
delivery by a manufacturer or importer of such ammunition for use of
the United States or any department or agency thereof or any State or
any department, agency, or political subdivision thereof;
(B) the sale or
delivery by a manufacturer or importer of such ammunition for the
purpose of exportation;
(C) the sale or
delivery by a manufacturer or importer of such ammunition for the
purposes of testing or experimenting authorized by the Secretary;and
(9) for any person,
other than a licensed importer, 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 importer, licensed manufacturer, licensed
dealer, or licensed collector to sell or deliver:
(1) any firearm or
ammunition to any individual who the licensee knows or has reasonable
cause to believe is less than eighteen years of age, and, if the
firearm, or ammunition is other than a shotgun or rifle, or ammunition
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 person of
such firearm would be in violation of any State law or any published
ordinance applicable 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 licensee 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
whichthe licensee's place of business is located, 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 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), 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, machinegun (as defined insection 5845 of the
Internal Revenue Code of 1954), short-barreled shotgun, or
short-barreled rifle, except as specifically authorized by the
Secretary consistent with public safety and necessity;and
(5) any firearm or
armor-piercing ammunition 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 businessentity.
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 delivery to any research organization designated by
the Secretary.
(c) In any case not
otherwise prohibited by this chapter, a licensed importer, licensed
manufacturer, 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 violation of any statute of the State and published
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
...................................................................
Signature
................................ Date
............................&qu
