Laws: Cases and Codes : U.S. Code : Title 18 : Section 924
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U.S. Code as of:
01/19/04
Section 924 - Notes
SOURCE
(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat.
233; amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82
Stat. 1223; Pub. L. 91-644, title II, Sec. 13, Jan. 2, 1971, 84
Stat. 1889; Pub. L. 98-473, title II, Secs. 223(a), 1005(a), Oct.
12, 1984, 98 Stat. 2028, 2138; Pub. L. 99-308, Sec. 104(a), May 19,
1986, 100 Stat. 456; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 99-570, title I, Sec. 1402, Oct. 27, 1986, 100
Stat. 3207-39; Pub. L. 100-649, Sec. 2(b), (f)(2)(B), (D), Nov. 10,
1988, 102 Stat. 3817, 3818; Pub. L. 100-690, title VI, Secs. 6211,
6212, 6451, 6460, 6462, title VII, Secs. 7056, 7060(a), Nov. 18,
1988, 102 Stat. 4359, 4360, 4371, 4373, 4374, 4402, 4403; Pub. L.
101-647, title XI, Sec. 1101, title XVII, Sec. 1702(b)(3), title
XXII, Secs. 2203(d), 2204(c), title XXXV, Secs. 3526-3529, Nov. 29,
1990, 104 Stat. 4829, 4845, 4857, 4924; Pub. L. 103-159, title I,
Sec. 102(c), title III, Sec. 302(d), Nov. 30, 1993, 107 Stat. 1541,
1545; Pub. L. 103-322, title VI, Sec. 60013, title XI, Secs.
110102(c), 110103(c), 110201(b), 110401(e), 110503, 110504(a),
110507, 110510, 110515(a), 110517, 110518(a), title XXXIII, Secs.
330002(h), 330003(f)(2), 330011(i), (j), 330016(1)(H), (K), (L),
Sept. 13, 1994, 108 Stat. 1973, 1998, 1999, 2011, 2015, 2016,
2018-2020, 2140, 2141, 2145, 2147; Pub. L. 104-294, title VI, Sec.
603(m)(1), (n)-(p)(1), (q)-(s), Oct. 11, 1996, 110 Stat. 3505; Pub.
L. 105-386, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3469; Pub. L.
107-273, div. B, title IV, Sec. 4002(d)(1)(E), div. C, title I,
Sec. 11009(e)(3), Nov. 2, 2002, 116 Stat. 1809, 1821; Pub. L.
108-174, Sec. 1(2), (3), Dec. 9, 2003, 117 Stat. 2481.)
AMENDMENT OF SECTION
Pub. L. 100-649, Sec. 2(f)(2)(B), (D), Nov. 10, 1988, 102 Stat.
3818, as amended by Pub. L. 101-647, title XXXV, Sec. 3526(b), Nov.
29, 1990, 104 Stat. 4924; Pub. L. 105-277, div. A, Sec. 101(h)
[title VI, Sec. 649], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528;
Pub. L. 108-174, Sec. 1, Dec. 9, 2003, 117 Stat. 2481, provided
that, effective 25 years after the 30th day beginning after Nov.
10, 1988, subsection (a)(1) of this section is amended by striking
"this subsection, subsection (b), (c), or (f) of this section, or
in section 929" and inserting "this chapter", subsection (f) of
this section is repealed, and subsections (g) through (o) of this
section are redesignated as subsections (f) through (n),
respectively, of this 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
The Internal Revenue Code of 1986, referred to in subsec. (d)(1),
is set out as Title 26, Internal Revenue Code.
Section 5845(a) of that Code, referred to in subsec. (d)(1), is
classified to section 5845(a) of Title 26.
The Controlled Substances Act, referred to in subsecs. (c)(2),
(d)(3)(B), (e)(2)(A)(i), (g)(2), and (k)(1), is title II of Pub. L.
91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is
classified principally to subchapter I (Sec. 801 et seq.) of
chapter 13 of Title 21, Food and Drugs. For complete classification
of this Act to the Code, see Short Title note set out under section
801 of Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsecs. (c)(2), (d)(3)(B), (e)(2)(A)(i), (g)(2), and (k)(1), is
title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as
amended, which is classified principally to subchapter II (Sec. 951
et seq.) of chapter 13 of Title 21. For complete classification of
this Act to the Code, see Short Title note set out under section
951 of Title 21 and Tables.
The Maritime Drug Law Enforcement Act, referred to in subsecs.
(c)(2), (e)(2)(A)(i), (g)(2), and (k)(1), is Pub. L. 96-350, Sept.
15, 1980, 94 Stat. 1159, as amended, which is classified generally
to chapter 38 (Sec. 1901 et seq.) of Title 46, Appendix, Shipping.
For complete classification of this Act to the Code, see section
1901 of Title 46, Appendix, and Tables.
AMENDMENTS
2002 - Subsec. (a)(7). Pub. L. 107-273, Sec. 11009(e)(3), added
par. (7).
Subsec. (e)(1). Pub. L. 107-273, Sec. 4002(d)(1)(E), substituted
"under this title" for "not more than $25,000".
1998 - Subsec. (c)(1). Pub. L. 105-386, Sec. 1(a)(1), added par.
(1) and struck out former par. (1) which read as follows: "Whoever,
during and in relation to any crime of violence or drug trafficking
crime (including a crime of violence or drug trafficking crime
which provides for an enhanced punishment if committed by the use
of a deadly or dangerous weapon or device) for which he may be
prosecuted in a court of the United States, uses or carries a
firearm, shall, in addition to the punishment provided for such
crime of violence or drug trafficking crime, be sentenced to
imprisonment for five years, and if the firearm is a short-barreled
rifle, short-barreled shotgun, or semiautomatic assault weapon, to
imprisonment for ten years, and if the firearm is a machinegun, or
a destructive device, or is equipped with a firearm silencer or
firearm muffler, to imprisonment for thirty years. In the case of
his second or subsequent conviction under this subsection, such
person shall be sentenced to imprisonment for twenty years, and if
the firearm is a machinegun, or a destructive device, or is
equipped with a firearm silencer or firearm muffler, to life
imprisonment without release. Notwithstanding any other provision
of law, the court shall not place on probation or suspend the
sentence of any person convicted of a violation of this subsection,
nor shall the term of imprisonment imposed under this subsection
run concurrently with any other term of imprisonment including that
imposed for the crime of violence or drug trafficking crime in
which the firearm was used or carried."
Subsec. (c)(4). Pub. L. 105-386, Sec. 1(a)(2), added par. (4).
1996 - Subsec. (a)(1)(B). Pub. L. 104-294, Sec. 603(n), repealed
Pub. L. 103-322, Sec. 330002(h). See 1994 Amendment note below.
Pub. L. 104-294, Sec. 603(m)(1)(A), amended directory language of
Pub. L. 103-322, Sec. 110507. See 1994 Amendment note below.
Subsec. (a)(2). Pub. L. 104-294, Sec. 603(m)(1)(B), amended
directory language of Pub. L. 103-322, Sec. 110507(2). See 1994
Amendment note below.
Subsec. (a)(5), (6). Pub. L. 104-294, Sec. 603(o), redesignated
par. (5), relating to punishment for juveniles, as (6).
Subsec. (c)(1). Pub. L. 104-294, Sec. 603(p)(1), amended
directory language of Pub. L. 103-322, Sec. 110102(c)(2). See 1994
Amendment note below.
Subsec. (i). Pub. L. 104-294, Sec. 603(r), redesignated subsec.
(i), relating to death penalty for gun murders, as (j).
Subsec. (j). Pub. L. 104-294, Sec. 603(r), redesignated subsec.
(i) as (j). Former subsec. (j) redesignated (k).
Subsec. (j)(3). Pub. L. 104-294, Sec. 603(q), inserted closing
parenthesis before comma at end.
Subsec. (k). Pub. L. 104-294, Sec. 603(r), redesignated subsec.
(j) as (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 104-294, Sec. 603(s), amended directory
language of Pub. L. 103-322, Sec. 110504. See 1994 Amendment note
below.
Pub. L. 104-294, Sec. 603(r), redesignated subsec. (k) as (l).
Former subsec. (l) redesignated (m).
Subsecs. (m) to (o). Pub. L. 104-294, Sec. 603(r), redesignated
subsecs. (l) to (n) as (m) to (o), respectively.
1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 330016(1)(K),
substituted "fined under this title" for "fined not more than
$5,000" in concluding provisions.
Pub. L. 103-322, Sec. 330011(i), amended directory language of
Pub. L. 101-647, Sec. 3528. See 1990 Amendment note below.
Pub. L. 103-322, Sec. 110201(b)(1), which directed the striking
of "paragraph (2) or (3) of" in subsec. (a)(1), could not be
executed because of prior amendment by Pub. L. 103-159. See 1993
Amendment note below.
Subsec. (a)(1)(B). Pub. L. 103-322, Sec. 330002(h), which
directed amendment of subpar. (B) by substituting "(r)" for "(q)",
was repealed by Pub. L. 104-294, Sec. 603(n), which provided that
Sec. 330002(h) shall be considered never to have been enacted.
Pub. L. 103-322, Sec. 110507(1), as amended by Pub. L. 104-294,
Sec. 603(m)(1)(A), struck out "(a)(6)," after "(a)(4),".
Pub. L. 103-322, Secs. 110103(c), 110105(2), temporarily
substituted "(v), or (w)" for "or (v)". See Effective and
Termination Dates of 1994 Amendment note below.
Pub. L. 103-322, Secs. 110102(c)(1), 110105(2), temporarily
substituted "(r), or (v) of section 922" for "or (q) of section
922". See Effective and Termination Dates of 1994 Amendment note
below.
Subsec. (a)(2). Pub. L. 103-322, Sec. 110507(2), as amended by
Pub. L. 104-294, Sec. 603(m)(1)(B), inserted "(a)(6)," after
"subsection".
Subsec. (a)(3). Pub. L. 103-322, Sec. 330016(1)(H), substituted
"fined under this title" for "fined not more than $1,000".
Subsec. (a)(4). Pub. L. 103-322, Sec. 330016(1)(K), substituted
"fined under this title" for "fined not more than $5,000".
Subsec. (a)(5). Pub. L. 103-322, Sec. 330016(1)(H), substituted
"fined under this title" for "fined not more than $1,000" in par.
(5) relating to knowing violations of subsec. (s) or (t) of section
922.
Pub. L. 103-322, Sec. 110201(b)(2), added par. (5) relating to
punishment for juveniles.
Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted
"fined under this title" for "fined not more than $10,000".
Subsec. (c)(1). Pub. L. 103-322, Sec. 330011(j), amended
directory language of Pub. L. 101-647, Sec. 3527. See 1990
Amendment note below.
Pub. L. 103-322, Sec. 110510(b), which directed the amendment of
subsec. (c)(1) by striking "No person sentenced under this
subsection shall be eligible for parole during the term of
imprisonment imposed under this subsection.", was executed by
striking the last sentence, which read "No person sentenced under
this subsection shall be eligible for parole during the term of
imprisonment imposed herein.", to reflect the probable intent of
Congress.
Pub. L. 103-322, Secs. 110102(c)(2), 110105(2), as amended by
Pub. L. 104-294, Sec. 603(p)(1), temporarily amended subsec. (c)(1)
by inserting ", or semiautomatic assault weapon," after
"short-barreled shotgun". See Effective and Termination Dates of
1994 Amendment note below.
Subsec. (d)(1). Pub. L. 103-322, Sec. 110401(e), substituted "or
lapse of or court termination of the restraining order to which he
is subject, the seized or relinquished firearms" for "the seized
firearms".
Subsec. (e)(1). Pub. L. 103-322, Sec. 110510(a), struck out
before period at end ", and such person shall not be eligible for
parole with respect to the sentence imposed under this subsection".
Subsec. (e)(2)(A)(i). Pub. L. 103-322, Sec. 330003(f)(2),
substituted "the Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.)" for "the first section or section 3 of Public Law
96-350 (21 U.S.C. 955a et seq.)".
Subsec. (i). Pub. L. 103-322, Sec. 60013, added subsec. (i)
relating to death penalty for gun murders.
Subsec. (i)(1). Pub. L. 103-322, Sec. 330016(1)(L), substituted
"fined under this title" for "fined not more than $10,000" in par.
(1) of subsec. (i) relating to knowing violations of section
922(u).
Subsec. (j). Pub. L. 103-322, Sec. 110503, added subsec. (j).
Subsec. (k). Pub. L. 103-322, Sec. 110504(a), as amended by Pub.
L. 104-294, Sec. 603(s), added subsec. (k).
Subsec. (l). Pub. L. 103-322, Sec. 110515(a), added subsec. (l).
Subsec. (m). Pub. L. 103-322, Sec. 110517, added subsec. (m).
Subsec. (n). Pub. L. 103-322, Sec. 110518(a), added subsec. (n).
1993 - Subsec. (a)(1). Pub. L. 103-159, Sec. 102(c)(1), struck
out "paragraph (2) or (3) of" before "this subsection" in
introductory provisions.
Subsec. (a)(5). Pub. L. 103-159, Sec. 102(c)(2), added par. (5).
Subsec. (i). Pub. L. 103-159, Sec. 302(d), added subsec. (i).
1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 3528, as amended by
Pub. L. 103-322, Sec. 330011(i), substituted "(3) of this
subsection" for "3 of this subsection" in introductory provisions.
Pub. L. 101-647, Sec. 2203(d), struck out ", and shall become
eligible for parole as the Parole Commission shall determine"
before period at end.
Subsec. (a)(1)(B). Pub. L. 101-647, Sec. 2204(c), substituted
"(k), or (q)" for "or (k)".
Subsec. (a)(2). Pub. L. 101-647, Sec. 3529(1), substituted
"subsection" for "subsections" and inserted a comma after "10
years".
Subsec. (a)(3). Pub. L. 101-647, Sec. 2203(d), struck out ", and
shall become eligible for parole as the Parole Commission shall
determine" before period at end.
Subsec. (a)(4). Pub. L. 101-647, Sec. 1702(b)(3), added par. (4).
Subsec. (c)(1). Pub. L. 101-647, Sec. 3527, as amended by Pub. L.
103-322, Sec. 330011(j), struck out "imprisonment for" before "life
imprisonment without release".
Pub. L. 101-647, Sec. 1101(2), which directed amendment of first
sentence by "inserting 'or a destructive device,' after 'a
machinegun,' wherever the term 'machine gun' appears, in section
924(c)(1)", was executed by inserting the new language after "a
machinegun," once in the first sentence and once in the second
sentence to reflect the probable intent of Congress.
Pub. L. 101-647, Sec. 1101(1), inserted "and if the firearm is a
short-barreled rifle, short-barreled shotgun to imprisonment for
ten years," after "sentenced to imprisonment for five years,".
Subsec. (e)(2). Pub. L. 101-647, Sec. 3529(2), (3), struck out
"and" at end of subpar. (A)(ii) and substituted "; and" for period
at end of subpar. (B)(ii).
Subsecs. (f) to (h). Pub. L. 101-647, Sec. 3526(a), redesignated
subsec. (f) relating to punishment for traveling from any State or
foreign country into another State to obtain firearms for drug
trafficking purposes as subsec. (g) and redesignated former subsec.
(g) as (h).
1988 - Subsec. (a). Pub. L. 100-690, Sec. 6462, in par. (1),
inserted "or 3" and substituted ", (c), or (f)" for "or (c)" in
introductory provisions and struck out "(g), (i), (j)," after
"(f)," in subpar. (B), added par. (2), and redesignated former par.
(2) as (3).
Subsec. (c)(1). Pub. L. 100-690, Sec. 7060(a), substituted "crime
(including a crime of violence or drug trafficking crime which" for
"crime,, including a crime of violence or drug trafficking crime,
which", "device) for" for "device, for", "crime, be sentenced" for
"crime,, be sentenced", and "crime in which" for "crime, or drug
trafficking crime in which".
Pub. L. 100-690, Sec. 6460(1), (2)(A), substituted "thirty years.
In" for "ten years. In" and "twenty years, and if" for "ten years,
and if".
Pub. L. 100-690, Sec. 6460(2)(B), which directed amendment of
subsec. (c)(1) by striking "20 years" and inserting "life
imprisonment without release" was executed by substituting "life
imprisonment without release" for "twenty years" to reflect the
probable intent of Congress because "20 years" did not appear.
Subsec. (c)(2). Pub. L. 100-690, Sec. 6212, amended par. (2)
generally. Prior to amendment, par. (2) read as follows: "For
purposes of this subsection, the term 'drug trafficking crime'
means any felony violation of Federal law involving the
distribution, manufacture, or importation of any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802))."
Subsec. (e)(1). Pub. L. 100-690, Sec. 7056, inserted "committed
on occasions different from one another," after "or both,".
Subsec. (e)(2)(B). Pub. L. 100-690, Sec. 6451(1), inserted ", or
any act of juvenile delinquency involving the use or carrying of a
firearm, knife, or destructive device that would be punishable by
imprisonment for such term if committed by an adult," after "one
year".
Subsec. (e)(2)(C). Pub. L. 100-690, Sec. 6451(2), added subpar.
(C).
Subsec. (f). Pub. L. 100-690, Sec. 6211, added subsec. (f)
relating to punishment for traveling from any State or foreign
country into another State to obtain firearms for drug trafficking
purposes.
Pub. L. 100-649, Sec. 2(b)(2), added subsec. (f) relating to
penalty for violating section 922(p).
Subsec. (g). Pub. L. 100-690, Sec. 6211, added subsec. (g).
1986 - Subsec. (a). Pub. L. 99-308, Sec. 104(a)(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a) read as
follows: "Whoever violates any provision of this chapter or
knowingly makes any false statement or representation with respect
to the information required by the provisions of this chapter to be
kept in the records of a person licensed under this chapter, or in
applying for any license or exemption or relief from disability
under the provisions of this chapter, shall be fined not more than
$5,000, or imprisoned not more than five years, or both, and shall
become eligible for parole as the Board of Parole shall determine."
Subsec. (c)(1). Pub. L. 99-308, Sec. 104(a)(2)(C)-(E), designated
existing provision as par. (1), and substituted "violence or drug
trafficking crime," for "violence" in four places and inserted ",
and if the firearm is a machinegun, or is equipped with a firearm
silencer or firearm muffler, to imprisonment for ten years" after
"five years", ", and if the firearm is a machinegun, or is equipped
with a firearm silencer or firearm muffler, to imprisonment for
twenty years" after "ten years", and "or drug trafficking crime"
before "in which the firearm was used or carried".
Subsec. (c)(2), (3). Pub. L. 99-308, Sec. 104(a)(2)(F), added
pars. (2) and (3).
Subsec. (d). Pub. L. 99-308, Sec. 104(a)(3), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "Any
firearm or ammunition involved in or used or intended to be used
in, any violation of the provisions of this chapter or any rule or
regulation promulgated thereunder, or any violation of any other
criminal law of the United States, shall be subject to seizure and
forfeiture and all provisions of the Internal Revenue Code of 1954
relating to the seizure, forfeiture, and disposition of firearms,
as defined in section 5845(a) of that Code, shall, so far as
applicable, extend to seizures and forfeitures under the provisions
of this chapter."
Subsec. (d)(1). Pub. L. 99-514 substituted "Internal Revenue Code
of 1986" for "Internal Revenue Code of 1954".
Subsec. (e). Pub. L. 99-308, Sec. 104(a)(4), added subsec. (e).
Subsec. (e)(1). Pub. L. 99-570, Sec. 1402(a), substituted "for a
violent felony or a serious drug offense, or both" for "for robbery
or burglary, or both".
Subsec. (e)(2). Pub. L. 99-570, Sec. 1402(b), amended par. (2)
generally, substituting provisions defining terms "serious drug
offense" and "violent felony" for provisions defining "robbery" and
"burglary".
1984 - Subsec. (a). Pub. L. 98-473, Sec. 223(a), which directed
amendment of subsec. (a) by striking out ", and shall become
eligible for parole as the Board of Parole shall determine"
effective Nov. 1, 1987, pursuant to section 235 of Pub. L. 98-473,
as amended, could not be executed because quoted language no longer
appears due to general amendment of subsec. (a) by Pub. L. 99-308,
Sec. 104(a)(1). See 1986 Amendment note above.
Subsec. (c). Pub. L. 98-473, Sec. 1005(a), amended subsec. (c)
generally, substituting provisions setting forth mandatory,
determinate sentence for persons who use or carry firearms during
and in relation to any Federal crime of violence for provisions
setting out a minimum sentencing scheme for the use or carrying,
unlawfully, of a firearm during a Federal felony.
1971 - Subsec. (c). Pub. L. 91-644, in first sentence,
substituted "felony for which he" for "felony which" in items (1)
and (2) and inserted ", in addition to the punishment provided for
the commission of such felony," before "be sentenced", and in
second sentence substituted "for not less than two nor more than
twenty-five years" for "for not less than five years nor more than
25 years", inserted "in the case of a second or subsequent
conviction" after "suspend the sentence", and prohibited term of
imprisonment imposed under this subsec. to run concurrently with
any term for commission of the felony.
1968 - Subsec. (a). Pub. L. 90-618 inserted provision authorizing
the Board of Parole to grant parole to a person convicted under
this chapter.
Subsec. (b). Pub. L. 90-618 inserted "or any ammunition" after "a
firearm".
Subsecs. (c), (d). Pub. L. 90-618 added subsec. (c), redesignated
former subsec. (c) as (d), and as so redesignated, substituted
"section 5845(a) of that Code" for "section 5848(1) of said Code".
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 42 sections 3796ll-3, 13726a.
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