Laws: Cases and Codes : U.S. Code : Title 18 : Section 921
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U.S. Code as of:
01/19/04
Section 921 - Notes
SOURCE
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
226; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1214; Pub. L. 93-639, Sec. 102, Jan. 4, 1975, 88 Stat. 2217;
Pub. L. 99-308, Sec. 101, May 19, 1986, 100 Stat. 449; Pub. L.
99-360, Sec. 1(b), July 8, 1986, 100 Stat. 766; Pub. L. 99-408,
Sec. 1, Aug. 28, 1986, 100 Stat. 920; Pub. L. 101-647, title XVII,
Sec. 1702(b)(2), title XXII, Sec. 2204(a), Nov. 29, 1990, 104 Stat.
4845, 4857; Pub. L. 103-159, title I, Sec. 102(a)(2), Nov. 30,
1993, 107 Stat. 1539; Pub. L. 103-322, title XI, Secs. 110102(b),
110103(b), 110401(a), 110519, title XXXIII, Sec. 330021(1), Sept.
13, 1994, 108 Stat. 1997, 1999, 2014, 2020, 2150; Pub. L. 104-88,
title III, Sec. 303(1), Dec. 29, 1995, 109 Stat. 943; Pub. L.
104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 658(a)],
Sept. 30, 1996, 110 Stat. 3009-314, 3009-371; Pub. L. 105-277, div.
A, Sec. 101(b) [title I, Sec. 119(a)], (h) [title I, Sec. 115],
Oct. 21, 1998, 112 Stat. 2681-50, 2681-69, 2681-480, 2681-490; Pub.
L. 107-273, div. C, title I, Sec. 11009(e)(1), Nov. 2, 2002, 116
Stat. 1821; Pub. L. 107-296, title XI, Sec. 1112(f)(1)-(3), (6),
Nov. 25, 2002, 116 Stat. 2276.)
AMENDMENT OF SECTION
For repeal of amendment by section 110105(2) of Pub. L. 103-322,
see Effective and Termination Dates of 1994 Amendment note below.
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsec. (a)(2), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
The date of enactment of the Violent Crime Control and Law
Enforcement Act of 1994, referred to in subsec. (a)(31)(A), is the
date of enactment of Pub. L. 103-322, which was approved Sept. 13,
1994.
AMENDMENTS
2002 - Subsec. (a)(4). Pub. L. 107-296, Sec. 1112(f)(2),
substituted "Attorney General" for "Secretary of the Treasury" in
concluding provisions.
Subsec. (a)(4)(B). Pub. L. 107-296, Sec. 1112(f)(1), substituted
"Attorney General" for "Secretary".
Subsec. (a)(13), (17)(C). Pub. L. 107-296, Sec. 1112(f)(6),
substituted "Attorney General" for "Secretary" wherever appearing.
Subsec. (a)(18). Pub. L. 107-296, Sec. 1112(f)(3), added par.
(18) and struck out former par. (18) which read as follows: "The
term 'Secretary' or 'Secretary of the Treasury' means the Secretary
of the Treasury or his delegate."
Subsec. (a)(19). Pub. L. 107-296, Sec. 1112(f)(6), substituted
"Attorney General" for "Secretary" in two places.
Subsec. (a)(35). Pub. L. 107-273 added par. (35).
1998 - Subsec. (a)(5). Pub. L. 105-277, Sec. 101(h) [title I,
Sec. 115(1)], substituted "an explosive" for "the explosive in a
fixed shotgun shell".
Subsec. (a)(7). Pub. L. 105-277, Sec. 101(h) [title I, Sec.
115(2)], substituted "an explosive" for "the explosive in a fixed
metallic cartridge".
Subsec. (a)(16). Pub. L. 105-277, Sec. 101(h) [title I, Sec.
115(3)], added par. (16) and struck out former par. (16) which read
as follows: "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; and
"(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."
Subsec. (a)(34). Pub. L. 105-277, Sec. 101(b) [title I, Sec.
119(a)], added par. (34).
1996 - Subsec. (a)(33). Pub. L. 104-208 added par. (33).
1995 - Subsec. (a)(27). Pub. L. 104-88 substituted "section
13102" for "section 10102".
1994 - Subsec. (a)(17)(B). Pub. L. 103-322, Sec. 110519, amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as
follows: "The term 'armor piercing ammunition' means 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. Such
term 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."
Subsec. (a)(17)(C). Pub. L. 103-322, Sec. 110519, added subpar.
(C).
Subsec. (a)(22)(C)(iii). Pub. L. 103-322, Sec. 330021(1),
substituted "kidnapping" for "kidnaping".
Subsec. (a)(30). Pub. L. 103-322, Secs. 110102(b), 110105(2),
temporarily added par. (30). See Effective and Termination Dates of
1994 Amendment note below.
Subsec. (a)(31). Pub. L. 103-322, Secs. 110103(b), 110105(2),
temporarily added par. (31). See Effective and Termination Dates of
1994 Amendment note below.
Subsec. (a)(32). Pub. L. 103-322, Sec. 110401(a), added par.
(32).
1993 - Subsec. (a)(29). Pub. L. 103-159 added par. (29).
1990 - Subsec. (a)(25) to (27). Pub. L. 101-647, Sec. 1702(b)(2),
added pars. (25) to (27).
Subsec. (a)(28). Pub. L. 101-647, Sec. 2204(a), added par. (28).
1986 - Subsec. (a)(10). Pub. L. 99-308, Sec. 101(1), substituted
"business of manufacturing" for "manufacture of".
Subsec. (a)(11)(A). Pub. L. 99-308, Sec. 101(2), struck out "or
ammunition" after "firearms".
Subsec. (a)(12). Pub. L. 99-308, Sec. 101(3), struck out "or
ammunition" after "firearm".
Subsec. (a)(13). Pub. L. 99-308, Sec. 101(4), struck out "or
ammunition" after "firearms".
Subsec. (a)(17). Pub. L. 99-408 designated existing provisions as
subpar. (A) and added subpar. (B).
Subsec. (a)(20). Pub. L. 99-308, Sec. 101(5), amended par. (20)
generally. Prior to amendment, par. (20) read as follows: "The term
'crime punishable by imprisonment for a term exceeding one year'
shall 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 as the Secretary may by regulation designate, or (B) any
State offense (other than one involving a firearm or explosive)
classified by the laws of the State as a misdemeanor and punishable
by a term of imprisonment of two years or less."
Subsec. (a)(21). Pub. L. 99-308, Sec. 101(6), added par. (21).
Subsec. (a)(22). Pub. L. 99-360 inserted provision that proof of
profit not be required as to a person who engages in the regular
and repetitive purchase and disposition of firearms for criminal
purposes or terrorism and defined terrorism.
Pub. L. 99-308, Sec. 101(6), added par. (22).
Subsec. (a)(23), (24). Pub. L. 99-308, Sec. 101(6), added pars.
(23) and (24).
1975 - Subsec. (a)(4). Pub. L. 93-639 substituted "to use solely
for sporting, recreational or cultural purposes" for "to use solely
for sporting purposes".
1968 - Subsec. (a). Pub. L. 90-618 inserted definitions of
"collector", "licensed collector", and "crime punishable by
imprisonment for a term exceeding one year", amended definitions of
"person", "whoever", "interstate or foreign commerce", "State",
"firearm", "destructive device", "dealer", "indictment", "fugitive
from justice", "antique firearm", "ammunition", and "published
ordinance", and reenacted without change definitions of "shotgun",
"short-barreled shotgun", "rifle", "short-barreled rifle",
"importer", "licensed importer", "manufacturer", "licensed
manufacturer", "licensed dealer", "pawnbroker", and "Secretary" or
"Secretary of the Treasury".
Subsec. (b). Pub. L. 90-618 substituted provisions determining
that a member of the armed forces on active duty is a resident of
the State in which his permanent duty station is located for
provisions defining "firearm", "destructive device", and "crime
punishable by imprisonment for a term exceeding one year".
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."
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 40 section 5104; title 42 section 13726b.
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