18 USC

Extract of the United States Code, Title 18, Sec's 611-930.

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES

Sec. 611. Voting by aliens

(<-- Previous Changes)
(<-- Previous Patriot II Changes)
(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless -

     (1) the election is held partly for some other purpose;
     (2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
     (3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.

(b) Any person who violates this section shall be fined under this title, imprisoned not more than ~~one year~~ three years, or both.

     (1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
     (2) the alien permanently resided in the United States prior to attaining the age of 16; and
     (3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.
(Next Changes->)
(Next Patriot II Changes->)

misc administrative details omitted

18 USC Sec. 831 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 39 - EXPLOSIVES AND OTHER DANGEROUS ARTICLES

Sec. 831. Prohibited transactions involving nuclear materials

(a) Whoever, if one of the circumstances described in subsection (c) of this section occurs -

     (1) without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes of, or disperses any nuclear material or nuclear byproduct material and -

     (A) thereby knowingly causes the death of or serious bodily injury to any person or substantial damage to property or to the environment; or
     (B) circumstances exist, or have been represented to the defendant to exist, that are likely to cause the death or serious bodily injury to any person, or substantial damage to property or to the environment;

     (2) with intent to deprive another of nuclear material or nuclear byproduct material, knowingly -

     (A) takes and carries away nuclear material or nuclear byproduct material of another without authority;
     (B) makes an unauthorized use, disposition, or transfer, of nuclear material or nuclear byproduct material belonging to another; or
     (C) uses fraud and thereby obtains nuclear material or nuclear byproduct material belonging to another;

     (3) knowingly -

     (A) uses force; or
     (B) threatens or places another in fear that any person other than the actor will imminently be subject to bodily injury; and thereby takes nuclear material or nuclear byproduct material belonging to another from the person or presence of any other;

     (4) intentionally intimidates any person and thereby obtains nuclear material or nuclear byproduct material belonging to another;
     (5) with intent to compel any person, international organization, or governmental entity to do or refrain from doing any act, knowingly threatens to engage in conduct described in paragraph (2)(A) or (3) of this subsection;
     (6) knowingly threatens to use nuclear material or nuclear byproduct material to cause death or serious bodily injury to any person or substantial damage to property or to the environment under circumstances in which the threat may reasonably be understood as an expression of serious purposes;
     (7) attempts to commit an offense under paragraph (1), (2), (3), or (4) of this subsection; or
     (8) is a party to a conspiracy of two or more persons to commit an offense under paragraph (1), (2), (3), or (4) of this subsection, if any of the parties intentionally engages in any conduct in furtherance of such offense;

shall be punished as provided in subsection (b) of this section.

(b) The punishment for an offense under -

     (1) paragraphs (1) through (7) of subsection (a) of this section is -

     (A) a fine under this title; and
     (B) imprisonment -

     (i) for any term of years or for life

     (I) if, while committing the offense, the offender knowingly causes the death of any person; or
     (II) if, while committing an offense under paragraph (1) or (3) of subsection (a) of this section, the offender, under circumstances manifesting extreme indifference to the life of an individual, knowingly engages in any conduct and thereby recklessly causes the death of or serious bodily injury to any person; and

     (ii) for not more than 20 years in any other case; and

     (2) paragraph (8) of subsection (a) of this section is -

     (A) a fine under this title; and
     (B) imprisonment -

     (i) for not more than 20 years if the offense which is the object of the conspiracy is punishable under paragraph (1)(B)(i); and
     (ii) for not more than 10 years in any other case.

     (1) the offense is committed in the United States or the special maritime and territorial jurisdiction of the United States, or the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49);
     (2) an offender or a victim is -

     (A) a national of the United States; or
     (B) a United States corporation or other legal entity;

     (3) after the conduct required for the offense occurs the defendant is found in the United States, even if the conduct required for the offense occurs outside the United States;
     (4) the conduct required for the offense occurs with respect to the carriage of a consignment of nuclear material or nuclear byproduct material by any means of transportation intended to go beyond the territory of the state where the shipment originates beginning with the departure from a facility of the shipper in that state and ending with the arrival at a facility of the receiver within the state of ultimate destination and either of such states is the United States; or
     (5) either -

     (A) the governmental entity under subsection (a)(5) is the United States; or
     (B) the threat under subsection (a)(6) is directed at the United States.

(d) The Attorney General may request assistance from the Secretary of Defense under chapter 18 of title 10 in the enforcement of this section and the Secretary of Defense may provide such assistance in accordance with chapter 18 of title 10, except that the Secretary of Defense may provide such assistance through any Department of Defense personnel.

(e)

     (1) The Attorney General may also request assistance from the Secretary of Defense under this subsection in the enforcement of this section. Notwithstanding section 1385 of this title, the Secretary of Defense may, in accordance with other applicable law, provide such assistance to the Attorney General if -

     (A) an emergency situation exists (as jointly determined by the Attorney General and the Secretary of Defense in their discretion); and
     (B) the provision of such assistance will not adversely affect the military preparedness of the United States (as determined by the Secretary of Defense in such Secretary's discretion).

     (2) As used in this subsection, the term ''emergency situation'' means a circumstance -

     (A) that poses a serious threat to the interests of the United States; and
     (B) in which -

     (i) enforcement of the law would be seriously impaired if the assistance were not provided; and
     (ii) civilian law enforcement personnel are not capable of enforcing the law.

     (3) Assistance under this section may include -

     (A) use of personnel of the Department of Defense to arrest persons and conduct searches and seizures with respect to violations of this section; and
     (B) such other activity as is incidental to the enforcement of this section, or to the protection of persons or property from conduct that violates this section.

     (4) The Secretary of Defense may require reimbursement as a condition of assistance under this section.
     (5) The Attorney General may delegate the Attorney General's function under this subsection only to a Deputy, Associate, or Assistant Attorney General.

(f) As used in this section -

     (1) the term ''nuclear material'' means material containing any -

     (A) plutonium;
     (B) uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature;
     (C) enriched uranium, defined as uranium that contains the isotope 233 or 235 or both in such amount that the abundance ratio of the sum of those isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; or
     (D) uranium 233;

     (2) the term ''nuclear byproduct material'' means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator;
     (3) the term ''international organization'' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs;
     (4) the term ''serious bodily injury'' means bodily injury which involves -

     (A) a substantial risk of death;
     (B) extreme physical pain;
     (C) protracted and obvious disfigurement; or
     (D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty;

     (5) the term ''bodily injury'' means -

     (A) a cut, abrasion, bruise, burn, or disfigurement;
     (B) physical pain;
     (C) illness;
     (D) impairment of a function of a bodily member, organ, or mental faculty; or
     (E) any other injury to the body, no matter how temporary;

     (6) the term ''national of the United States'' has the same meaning as in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
     (7) the term ''United States corporation or other legal entity'' means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession, or district of the United States.

misc administrative details omitted

FINDINGS AND PURPOSE OF TITLE V OF PUB. L. 104-132 RELATING TO NUCLEAR MATERIALS
Section 501 of title V of Pub. L. 104-132 provided that:

     ''(a) Findings. - The Congress finds that -
     ''(1) nuclear materials, including byproduct materials, can be used to create radioactive dispersal devices that are capable of causing serious bodily injury as well as substantial damage to property and to the environment;
     ''(2) the potential use of nuclear materials, including byproduct materials, enhances the threat posed by terrorist activities and thereby has a greater effect on the security interests of the United States;
     ''(3) due to the widespread hazards presented by the threat of nuclear contamination, as well as nuclear bombs, the United States has a strong interest in ensuring that persons who are engaged in the illegal acquisition and use of nuclear materials, including byproduct materials, are prosecuted for their offenses;
     ''(4) the threat that nuclear materials will be obtained and used by terrorist and other criminal organizations has increased substantially since the enactment in 1982 of the legislation that implemented the Convention on the Physical Protection of Nuclear Material, codified at section 831 of title 18, United States Code;
     ''(5) the successful efforts to obtain agreements from other countries to dismantle nuclear weapons have resulted in increased packaging and transportation of nuclear materials, thereby decreasing the security of such materials by increasing the opportunity for unlawful diversion and theft;
     ''(6) the trafficking in the relatively more common, commercially available, and usable nuclear and byproduct materials creates the potential for significant loss of life and environmental damage;
     ''(7) report trafficking incidents in the early 1990's suggest that the individuals involved in trafficking in these materials from Eurasia and Eastern Europe frequently conducted their black market sales of these materials within the Federal Republic of Germany, the Baltic States, the former Soviet Union, Central Europe, and to a lesser extent in the Middle European countries;
     ''(8) the international community has become increasingly concerned over the illegal possession of nuclear and nuclear byproduct materials;
     ''(9) the potentially disastrous ramifications of increased access to nuclear and nuclear byproduct materials pose such a significant threat that the United States must use all lawful methods available to combat the illegal use of such materials;
     ''(10) the United States has an interest in encouraging United States corporations to do business in the countries that comprised the former Soviet Union, and in other developing democracies;
     ''(11) protection of such United States corporations from threats created by the unlawful use of nuclear materials is important to the success of the effort to encourage business ventures in these countries, and to further the foreign relations and commerce of the United States;
     ''(12) the nature of nuclear contamination is such that it may affect the health, environment, and property of United States nationals even if the acts that constitute the illegal activity occur outside the territory of the United States, and are primarily directed toward foreign nationals; and
     ''(13) there is presently no Federal criminal statute that provides adequate protection to United States interests from nonweapons grade, yet hazardous radioactive material, and from the illegal diversion of nuclear materials that are held for other than peaceful purposes.
     ''(b) Purpose. - The purpose of this title (enacting section 2332c of this title, amending this section and sections 175, 177, 178, and 2332a of this title, and enacting provisions set out as notes under section 262 of Title 42, The Public Health and Welfare, and section 1522 of Title 50, War and National Defense) is to provide Federal law enforcement agencies with the necessary means and the maximum authority permissible under the Constitution to combat the threat of nuclear contamination and proliferation that may result from the illegal possession and use of radioactive materials.''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 951, 1956, 2332b, 2339, 2339A, 2516 of this title.

18 USC Sec. 842 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS

Sec. 842. Unlawful acts

(a) It shall be unlawful for any person -

     (1) to engage in the business of importing, manufacturing, or dealing in explosive materials without a license issued under this chapter;
     (2) knowingly to withhold information or to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the provisions of this chapter; and
     (3) other than a licensee or permittee knowingly -

     (A) to transport, ship, cause to be transported, or receive in interstate or foreign commerce any explosive materials, except that a person who lawfully purchases explosive materials from a licensee in a State contiguous to the State in which the purchaser resides may ship, transport, or cause to be transported such explosive materials to the State in which he resides and may receive such explosive materials in the State in which he resides, if such transportation, shipment, or receipt is permitted by the law of the State in which he resides; or
     (B) to distribute explosive materials to any person (other than a licensee or permittee) who the distributor knows or has reasonable cause to believe does not reside in the State in which the distributor resides.

(b) It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person except -

     (1) a licensee;
     (2) a permittee; or
     (3) a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence.

(c) It shall be unlawful for any licensee to distribute explosive materials to any person who the licensee has reason to believe intends to transport such explosive materials into a State where the purchase, possession, or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into it or to receive explosive materials in it.

(d) It shall be unlawful for any person knowingly to distribute explosive materials to any individual who:

     (1) is under twenty-one years of age;
     (2) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
     (3) is under indictment for a crime punishable by imprisonment for a term exceeding one year;
     (4) is a fugitive from justice;
     (5) 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)); or
     (6) has been adjudicated (= decreed by a judge to be) a mental defective.

(e) It shall be unlawful for any licensee knowingly to distribute any explosive materials to any person in any State where the purchase, possession, or use by such person of such explosive materials would be in violation of any State law or any published ordinance applicable at the place of distribution.

(f) It shall be unlawful for any licensee or permittee willfully to manufacture, import, purchase, distribute, or receive explosive materials without making such records as the Secretary may by regulation require, including, but not limited to, a statement of intended use, the name, date, place of birth, social security number or taxpayer identification number, and place of residence of any natural person to whom explosive materials are distributed. If explosive materials are distributed to a corporation or other business entity, such records shall include the identity and principal and local places of business and the name, date, place of birth, and place of residence of the natural person acting as agent of the corporation or other business entity in arranging the distribution.

(g) It shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which he is required to keep pursuant to this section or regulations promulgated under section 847 of this title.

(h) It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or transported in, interstate or foreign commerce, either before or after such materials were stolen, knowing or having reasonable cause to believe that the explosive materials were stolen.

(i) It shall be unlawful for any person -

     (1) who is under indictment for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
     (2) who is a fugitive from justice;
     (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or
     (4) who has been adjudicated as (= decreed by a judge to be) a mental defective or who has been committed to a mental institution;

to ship or transport any explosive in interstate or foreign commerce or to receive or possess any explosive which has been shipped or transported in interstate or foreign commerce.

(j) It shall be unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary. In promulgating such regulations, the Secretary shall take into consideration the class, type, and quantity of explosive materials to be stored, as well as the standards of safety and security recognized in the explosives industry.

(k) It shall be unlawful for any person who has knowledge of the theft or loss of any explosive materials from his stock, to fail to report such theft or loss within twenty-four hours of discovery thereof, to the Secretary and to appropriate local authorities.

(l) It shall be unlawful for any person to manufacture any plastic explosive that does not contain a detection agent.

(m)

(1) It shall be unlawful for any person to import or bring into the United States, or export from the United States, any plastic explosive that does not contain a detection agent.
(2) This subsection does not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing military or police functions (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States.

(n)

     (1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detection agent.
     (2) This subsection does not apply to -

     (A) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by any person during the period beginning on that date and ending 3 years after that date of enactment; or
     (B) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States.

(o) It shall be unlawful for any person, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on the date of enactment of this subsection, to fail to report to the Secretary within 120 days after such date of enactment the quantity of such explosives possessed, the manufacturer or importer, any marks of identification on such explosives, and such other information as the Secretary may prescribe by regulation.

(p) Distribution of Information Relating to Explosives, Destructive Devices, and Weapons of Mass Destruction. -

     (1) Definitions. - In this subsection -

     (A) the term ''destructive device'' has the same meaning as in section 921(a)(4);
     (B) the term ''explosive'' has the same meaning as in section 844(j); and
     (C) the term ''weapon of mass destruction'' has the same meaning as in section 2332a(c)(2).

     (2) Prohibition. - It shall be unlawful for any person -

     (A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or
     (B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 843, 844, 845, 981, 982, 2332b, 2339A of this title;
title 8 section 1101;
title 31 section 9703.

18 USC Sec. 844 (extract) 01/22/02

Sec. 844. Penalties

(a) -(d) omitted

(e) Whoever, through the use of the mail, telephone, telegraph, or other instrument of interstate or foreign commerce, or in or affecting interstate or foreign commerce, willfully makes any threat, or maliciously conveys false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of fire or an explosive shall be imprisoned for not more than 10 years or fined under this title, or both.

(f)

     (1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.
     (2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both.
     (3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both.

(g) -(h) omitted

(i) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.

(j) For the purposes of subsections (d), (e), (f), (g), (h), and (i) of this section and section 842(p), the term ''explosive'' means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.

(k) - (o) remaining, omitted

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 841, 842, 845, 846, 981, 982, 1956, 2332b, 2339, 2339A, 2516, 3295, 3592, 5032 of this title;
title 8 section 1101;
title 31 section 9703.

18 USC Sec. 876 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 41 - EXTORTION AND THREATS

Sec. 876. Mailing threatening communications

     Whoever knowingly deposits in any post office or authorized depository for mail matter, to be sent or delivered by the Postal Service or knowingly causes to be delivered by the Postal Service according to the direction thereon, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person, and containing any demand or request for ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.

     Whoever, with intent to extort from any person any money or other thing of value, so deposits, or causes to be delivered, as aforesaid, any communication containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than twenty years, or both.

     Whoever knowingly so deposits or causes to be delivered as aforesaid, any communication with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than five years, or both.

     Whoever, with intent to extort from any person any money or other thing of value, knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to injure the property or reputation of the addressee or of another, or the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 8 section 1101.

18 USC Sec. 917 Has Changes 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 43 - FALSE PERSONATION

Sec. 917. Red Cross members or agents

(<-- Previous Changes)
Whoever, within the United States, falsely or fraudulently holds himself out as or represents or pretends himself to be a member of or an agent for the American National Red Cross for the purpose of soliciting, collecting, or receiving money or material, shall be fined under this title or imprisoned not more than ~~one year~~ 5 years, or both.
(Next Changes->)

misc administrative details omitted

HISTORICAL AND REVISION NOTES
Based on section 4 of title 36, U.S.C., 1940 ed., Patriotic Societies and Observances (Jan. 5, 1905, ch. 23, Sec. 4, 33 Stat. 600; June 23, 1910, ch. 372, Sec. 1, 36 Stat. 604).

Section 4 of title 36, U.S.C., 1940 ed., Patriotic Societies and Observances, was divided into this section and section 706 of this title.

other historical details omitted

AMENDMENTS
2001 - Pub. L. 107-56 (Patriot I) substituted ''5 years'' for ''one year''.

other amendment detail omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 14 of this title.

18 USC Sec. 921 01/22/02

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

Sec. 921. Definitions

(a) As used in this chapter -

     (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 ordnance 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 Secretary of the Treasury 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 a 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.
     (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.
     (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.

     (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.
     (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 propellent 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 ''Secretary'' or ''Secretary of the Treasury'' means the Secretary of the Treasury 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 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.
     (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 -

     (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 -

     (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.

See also below.

     (30) The term ''semiautomatic assault weapon'' means -

     (A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as -

     (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 -

     (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 -

     (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 -

     (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'' -

     (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 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 -

     (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, unless -

     (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 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.

     (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.

(b) For the purposes of this chapter, a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.

misc administrative details omitted

SHORT TITLE
Section 1 of Pub. L. 90-618 provided: ''That this Act (enacting sections 5822, 5871 and 5872 of Title 26, Internal Revenue Code, amending this section, sections 922 to 928 of this title, and Appendix to this title, and sections 5801, 5802, 5811, 5812, 5821, 5841 to 5849, 5851 to 5854, 5861, 6806, and 7273 of Title 26, repealing sections 5692 and 6107 of Title 26, omitting sections 5803, 5813, 5814, 5831, 5855, and 5862 of Title 26, and enacting material set out as notes under this section and Appendix to this title, and section 5801 of Title 26) may be cited as the 'Gun Control Act of 1968'.''

CONSTRUCTION OF PUB. L. 103-159 WITH SECTION 552A OF TITLE 5 Section 105 of Pub. L. 103-159 provided that: ''This Act (enacting section 925A of this title, amending this section, sections 922 to 924 of this title, and section 3759 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and section 922 of this title) and the amendments made by this Act shall not be construed to alter or impair any right or remedy under section 552a of title 5, United States Code.''

misc administrative details omitted

CONGRESSIONAL FINDINGS AND DECLARATION
Section 1(b) of Pub. L. 99-308 provided that: ''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

''(2) additional legislation is required to reaffirm the intent of the Congress, as expressed in section 101 of the Gun Control Act of 1968 (section 101 of Pub. L. 90-618, set out below), 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.'.''

Section 101 of title I of Pub. L. 90-618 provided that:
''The Congress hereby declares that the purposes of this title (amending this chapter) 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.''

Section 901 of title IV of Pub. L. 90-351 provided that:

''(a) The Congress hereby finds and declares -

     ''(1) that there is a widespread traffic in firearms moving in or otherwise affecting interstate or foreign commerce, and that the existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power;
     ''(2) that the ease with which any person can acquire firearms other than a rifle or shotgun (including criminals, juveniles without the knowledge or consent of their parents or guardians, narcotics addicts, mental defectives, armed groups who would supplant the functions of duly constituted public authorities, and others whose possession of such weapon is similarly contrary to the public interest) is a significant factor in the prevalence of lawlessness and violent crime in the United States;
     ''(3) that only through adequate Federal control over interstate and foreign commerce in these weapons, and over all persons engaging in the businesses of importing, manufacturing, or dealing in them, can this grave problem be properly dealt with, and effective State and local regulation of this traffic be made possible;
     ''(4) that the acquisition on a mail-order basis of firearms other than a rifle or shotgun by nonlicensed individuals, from a place other than their State of residence, has materially tended to thwart the effectiveness of State laws and regulations, and local ordinances;
     ''(5) that the sale or other disposition of concealable weapons by importers, manufacturers, and dealers holding Federal licenses, to nonresidents of the State in which the licensees' places of business are located, has tended to make ineffective the laws, regulations, and ordinances in the several States and local jurisdictions regarding such firearms;
     ''(6) that there is a casual relationship between the easy availability of firearms other than a rifle or shotgun and juvenile and youthful criminal behavior, and that such firearms have been widely sold by federally licensed importers and dealers to emotionally immature, or thrill-bent juveniles and minors prone to criminal behavior;
     ''(7) that the United States has become the dumping ground of the castoff surplus military weapons of other nations, and that such weapons, and the large volume of relatively inexpensive pistols and revolvers (largely worthless for sporting purposes), imported into the United States in recent years, has contributed greatly to lawlessness and to the Nation's law enforcement problems;
     ''(8) that the lack of adequate Federal control over interstate and foreign commerce in highly destructive weapons (such as bazookas, mortars, antitank guns, and so forth, and destructive devices such as explosive or incendiary grenades, bombs, missiles, and so forth) has allowed such weapons and devices to fall into the hands of lawless persons, including armed groups who would supplant lawful authority, thus creating a problem of national concern;
     ''(9) that the existing licensing system under the Federal Firearms Act (former sections 901 to 910 of Title 15, Commerce and Trade) does not provide adequate license fees or proper standards for the granting or denial of licenses, and that this has led to licenses being issued to persons not reasonably entitled thereto, thus distorting the purposes of the licensing system.

''(b) The Congress further hereby declares that the purpose of this title (enacting this chapter and repealing sections 901 to 910 of Title 15, Commerce and Trade) is to cope with the conditions referred to in the foregoing subsection, and that it is not the purpose of this title (enacting this chapter and repealing sections 901 to 910 of Title 15) to place any undue or unnecessary Federal restrictions or burdens on lawabiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trap shooting, target shooting, personal protection, or any other lawful activity, and that this title (enacting this chapter and repealing sections 901 to 910 of Title 15) 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 (enacting this chapter and repealing sections 901 to 910 of Title 15).''

misc administrative details omitted

MODIFICATION OF OTHER LAWS
Section 104 of title I of Pub. L. 90-618, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

''Nothing in this title or the amendment made thereby (amending this chapter) shall be construed as modifying or affecting any provision of -
     ''(a) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1986) (section 5801 et seq. of Title 26, Internal Revenue Code);
     ''(b) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), as amended, relating to munitions control; or
     ''(c) section 1715 of title 18, United States Code, relating to nonmailable firearms.''

Section 904 of title IV of Pub. L. 90-351, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
''Nothing in this title or amendment made thereby (enacting this chapter and provisions set out as notes under this section) shall be construed as modifying or affecting any provision of -

     ''(a) the National Firearms Act (chapter 53 of the Internal Revenue Code of 1986) (section 5801 et seq. of Title 26, Internal Revenue Code); or
     ''(b) section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), as amended, relating to munitions control; or
     ''(c) section 1715 of title 18, United States Code, relating to nonmailable firearms.''

DEFINITION OF ''HANDGUN''
Section 10 of Pub. L. 99-408 provided that:
''For purposes of section 921(a)(17)(B) of title 18, United States Code*, as added by the first section of this Act, 'handgun' means any firearm including a pistol or revolver designed to be fired by the use of a single hand. The term also includes any combination of parts from which a handgun can be assembled.'' *Probably should be section 921(a)(29)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 842, 845, 923, 925, 1791, 1993, 2332a, 3565, 3583, 3592 of this title;
title 8 sections 1101, 1227;
title 10 sections 2722, 4687;
title 20 sections 3351, 7151;
title 21 section 881;
title 22 section 2778;
title 26 section 5845;
title 42 section 13726b.

18 USC Sec. 924 (extract) 01/22/02

Sec. 924. Penalties

(a) - (b) omitted
(c)

     (1)

     (A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime -

     (i) be sentenced to a term of imprisonment of not less than 5 years;
     (ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
     (iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

     (B) If the firearm possessed by a person convicted of a violation of this subsection -

     (i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
     (ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.

     (C) In the case of a second or subsequent conviction under this subsection, the person shall -

     (i) be sentenced to a term of imprisonment of not less than 25 years; and
     (ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.

     (D) Notwithstanding any other provision of law -

     (i) a court shall not place on probation any person convicted of a violation of this subsection; and
     (ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.

     (2) For purposes of this subsection, the term ''drug trafficking crime'' means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).
     (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.

     (4) For purposes of this subsection, the term ''brandish'' means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.

(d) - (o) omitted

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 844, 1028, 1956, 2516, 3142, 3559, 3592, 4042, 5032 of this title;
title 8 section 1101;
title 31 section 9703;
title 42 section 13726a.

18 USC Sec. 930 Has Changes 01/22/02

Sec. 930. Possession of firearms and dangerous weapons in Federal facilities

(<-- Previous Changes)
(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.

(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.

(c) A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, ~~or attempts to kill~~ or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117.
(Next Changes->)

(d) Subsection (a) shall not apply to -

     (1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;
     (2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or
     (3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

(e)

(1) Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both.
(2) Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d).

(f) Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.
(g) As used in this section:

     (1) The term ''Federal facility'' means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.
     (2) The term ''dangerous weapon'' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.
     (3) The term ''Federal court facility'' means the courtroom, judges' chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States.

(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.
misc administrative details omitted

AMENDMENTS
2001 - Subsec. (c). Pub. L. 107-56 (Patriot I) struck out ''or attempts to kill'' after ''A person who kills'', inserted ''or attempts or conspires to do such an act,'' before ''shall be punished'', and substituted ''1113, and 1117'' for ''and 1113''.
other amendment details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1993, 2332b, 2339A of this title;
title 20 section 1415.

(USC Title 18 Sec 922 (firearms, FYI)
(Next: USC Title 18 Sec 956-987->)