18 USC 923 Note: Information required to be maintained by Federal Firearms Licensees and information maintained in the ATF Firearms Tracing Systems

            
 
          Sec. 923. Licensing

    (a) No person shall engage in the business of importing, 
manufacturing, or dealing in firearms, or importing or manufacturing 
ammunition, until he has filed an application with and received a 
license to do so from the Attorney General. The application shall be in 
such form and contain only that information necessary to determine 
eligibility for licensing as the Attorney General shall by regulation 
prescribe and shall include a photograph and fingerprints of the 
applicant. Each applicant shall pay a fee for obtaining such a license, 
a separate fee being required for each place in which the applicant is 
to do business, as follows:
    (1) If the applicant is a manufacturer--
        (A) of destructive devices, ammunition for destructive devices 
    or armor piercing ammunition, a fee of $1,000 per year;
        (B) of firearms other than destructive devices, a fee of $50 per 
    year; or
        (C) of ammunition for firearms, other than ammunition for 
    destructive devices or armor piercing ammunition, a fee of $10 per 
    year.

    (2) If the applicant is an importer--
        (A) of destructive devices, ammunition for destructive devices 
    or armor piercing ammunition, a fee of $1,000 per year; or
        (B) of firearms other than destructive devices or ammunition for 
    firearms other than destructive devices, or ammunition other than 
    armor piercing ammunition, a fee of $50 per year.

    (3) If the applicant is a dealer--
        (A) in destructive devices or ammunition for destructive 
    devices, a fee of $1,000 per year; or
        (B) who is not a dealer in destructive devices, a fee of $200 
    for 3 years, except that the fee for renewal of a valid license 
    shall be $90 for 3 years.

    (b) Any person desiring to be licensed as a collector shall file an 
application for such license with the Attorney General. The application 
shall be in such form and contain only that information necessary to 
determine eligibility as the Attorney General shall by regulation 
prescribe. The fee for such license shall be $10 per year. Any license 
granted under this subsection shall only apply to transactions in curios 
and relics.
    (c) Upon the filing of a proper application and payment of the 
prescribed fee, the Attorney General shall issue to a qualified 
applicant the appropriate license which, subject to the provisions of 
this chapter and other applicable provisions of law, shall entitle the 
licensee to transport, ship, and receive firearms and ammunition covered 
by such license in interstate or foreign commerce during the period 
stated in the license. Nothing in this chapter shall be construed to 
prohibit a licensed manufacturer, importer, or dealer from maintaining 
and disposing of a personal collection of firearms, subject only to such 
restrictions as apply in this chapter to dispositions by a person other 
than a licensed manufacturer, importer, or dealer. If any firearm is so 
disposed of by a licensee within one year after its transfer from his 
business inventory into such licensee's personal collection or if such 
disposition or any other acquisition is made for the purpose of 
willfully evading the restrictions placed upon licensees by this 
chapter, then such firearm shall be deemed part of such licensee's 
business inventory, except that any licensed manufacturer, importer, or 
dealer who has maintained a firearm as part of a personal collection for 
one year and who sells or otherwise disposes of such firearm shall 
record the description of the firearm in a bound volume, containing the 
name and place of residence and date of birth of the transferee if the 
transferee is an individual, or the identity and principal and local 
places of business of the transferee if the transferee is a corporation 
or other business entity: Provided, That no other recordkeeping shall be 
required.
    (d)(1) Any application submitted under subsection (a) or (b) of this 
section shall be approved if--
        (A) the applicant is twenty-one years of age or over;
        (B) the applicant (including, in the case of a corporation, 
    partnership, or association, any individual possessing, directly or 
    indirectly, the power to direct or cause the direction of the 
    management and policies of the corporation, partnership, or 
    association) is not prohibited from transporting, shipping, or 
    receiving firearms or ammunition in interstate or foreign commerce 
    under section 922(g) and (n) of this chapter;
        (C) the applicant has not willfully violated any of the 
    provisions of this chapter or regulations issued thereunder;
        (D) the applicant has not willfully failed to disclose any 
    material information required, or has not made any false statement 
    as to any material fact, in connection with his application;
        (E) the applicant has in a State (i) premises from which he 
    conducts business subject to license under this chapter or from 
    which he intends to conduct such business within a reasonable period 
    of time, or (ii) in the case of a collector, premises from which he 
    conducts his collecting subject to license under this chapter or 
    from which he intends to conduct such collecting within a reasonable 
    period of time;
        (F) the applicant certifies that--
            (i) the business to be conducted under the license is not 
        prohibited by State or local law in the place where the licensed 
        premise is located;
            (ii)(I) within 30 days after the application is approved the 
        business will comply with the requirements of State and local 
        law applicable to the conduct of the business; and
            (II) the business will not be conducted under the license 
        until the requirements of State and local law applicable to the 
        business have been met; and
            (iii) that the applicant has sent or delivered a form to be 
        prescribed by the Attorney General, to the chief law enforcement 
        officer of the locality in which the premises are located, which 
        indicates that the applicant intends to apply for a Federal 
        firearms license; and

        (G) in the case of an application to be licensed as a dealer, 
    the applicant certifies that secure gun storage or safety devices 
    will be available at any place in which firearms are sold under the 
    license to persons who are not licensees (subject to the exception 
    that in any case in which a secure gun storage or safety device is 
    temporarily unavailable because of theft, casualty loss, consumer 
    sales, backorders from a manufacturer, or any other similar reason 
    beyond the control of the licensee, the dealer shall not be 
    considered to be in violation of the requirement under this 
    subparagraph to make available such a device).

    (2) The Attorney General must approve or deny an application for a 
license within the 60-day period beginning on the date it is received. 
If the Attorney General fails to act within such
period, the applicant may file an action under section 1361 of title 28 
to compel the Attorney General to act. If the Attorney General approves 
an applicant's application, such applicant shall be issued a license 
upon the payment of the prescribed fee.
    (e) The Attorney General may, after notice and opportunity for 
hearing, revoke any license issued under this section if the holder of 
such license has willfully violated any provision of this chapter or any 
rule or regulation prescribed by the Attorney General under this chapter 
or fails to have secure gun storage or safety devices available at any 
place in which firearms are sold under the license to persons who are 
not licensees (except that in any case in which a secure gun storage or 
safety device is temporarily unavailable because of theft, casualty 
loss, consumer sales, backorders from a manufacturer, or any other 
similar reason beyond the control of the licensee, the dealer shall not 
be considered to be in violation of the requirement to make available 
such a device). The Attorney General may, after notice and opportunity 
for hearing, revoke the license of a dealer who willfully transfers 
armor piercing ammunition. The Secretary's \1\ action under this 
subsection may be reviewed only as provided in subsection (f) of this 
section.
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    \1\ So in original. Probably should be ``Attorney General's''.
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    (f)(1) Any person whose application for a license is denied and any 
holder of a license which is revoked shall receive a written notice from 
the Attorney General stating specifically the grounds upon which the 
application was denied or upon which the license was revoked. Any notice 
of a revocation of a license shall be given to the holder of such 
license before the effective date of the revocation.
    (2) If the Attorney General denies an application for, or revokes, a 
license, he shall, upon request by the aggrieved party, promptly hold a 
hearing to review his denial or revocation. In the case of a revocation 
of a license, the Attorney General shall upon the request of the holder 
of the license stay the effective date of the revocation. A hearing held 
under this paragraph shall be held at a location convenient to the 
aggrieved party.
    (3) If after a hearing held under paragraph (2) the Attorney General 
decides not to reverse his decision to deny an application or revoke a 
license, the Attorney General shall give notice of his decision to the 
aggrieved party. The aggrieved party may at any time within sixty days 
after the date notice was given under this paragraph file a petition 
with the United States district court for the district in which he 
resides or has his principal place of business for a de novo judicial 
review of such denial or revocation. In a proceeding conducted under 
this subsection, the court may consider any evidence submitted by the 
parties to the proceeding whether or not such evidence was considered at 
the hearing held under paragraph (2). If the court decides that the 
Attorney General was not authorized to deny the application or to revoke 
the license, the court shall order the Attorney General to take such 
action as may be necessary to comply with the judgment of the court.
    (4) If criminal proceedings are instituted against a licensee 
alleging any violation of this chapter or of rules or regulations 
prescribed under this chapter, and the licensee is acquitted of such 
charges, or such proceedings are terminated, other than upon motion of 
the Government before trial upon such charges, the Attorney General 
shall be absolutely barred from denying or revoking any license granted 
under this chapter where such denial or revocation is based in whole or 
in part on the facts which form the basis of such criminal charges. No 
proceedings for the revocation of a license shall be instituted by the 
Attorney General more than one year after the filing of the indictment 
or information.
    (g)(1)(A) Each licensed importer, licensed manufacturer, and 
licensed dealer shall maintain such records of importation, production, 
shipment, receipt, sale, or other disposition of firearms at his place 
of business for such period, and in such form, as the Attorney General 
may by regulations prescribe. Such importers, manufacturers, and dealers 
shall not be required to submit to the Attorney General reports and 
information with respect to such records and the contents thereof, 
except as expressly required by this section. The Attorney General, when 
he has reasonable cause to believe a violation of this chapter has 
occurred and that evidence thereof may be found on such premises, may, 
upon demonstrating such cause before a Federal magistrate judge and 
securing from such magistrate judge a warrant authorizing entry, enter 
during business hours the premises (including places of storage) of any 
licensed firearms importer, licensed manufacturer, licensed dealer, 
licensed collector, or any licensed importer or manufacturer of 
ammunition, for the purpose of inspecting or examining--
        (i) any records or documents required to be kept by such 
    licensed importer, licensed manufacturer, licensed dealer, or 
    licensed collector under this chapter or rules or regulations under 
    this chapter, and
        (ii) any firearms or ammunition kept or stored by such licensed 
    importer, licensed manufacturer, licensed dealer, or licensed 
    collector, at such premises.

    (B) The Attorney General may inspect or examine the inventory and 
records of a licensed importer, licensed manufacturer, or licensed 
dealer without such reasonable cause or warrant--
        (i) in the course of a reasonable inquiry during the course of a 
    criminal investigation of a person or persons other than the 
    licensee;
        (ii) for ensuring compliance with the record keeping 
    requirements of this chapter--
            (I) not more than once during any 12-month period; or
            (II) at any time with respect to records relating to a 
        firearm involved in a criminal investigation that is traced to 
        the licensee; or

        (iii) when such inspection or examination may be required for 
    determining the disposition of one or more particular firearms in 
    the course of a bona fide criminal investigation.

    (C) The Attorney General may inspect the inventory and records of a 
licensed collector without such reasonable cause or warrant--
        (i) for ensuring compliance with the record keeping requirements 
    of this chapter not more than once during any twelve-month period; 
    or
        (ii) when such inspection or examination may be required for 
    determining the disposition of one or more particular firearms in 
    the course of a bona fide criminal investigation.

    (D) At the election of a licensed collector, the annual inspection 
of records and inventory permitted under this paragraph shall be 
performed at the office of the Attorney General designated for such 
inspections which is located in closest proximity to the premises where 
the inventory and records of such licensed collector are maintained. The 
inspection and examination authorized by this paragraph shall not be 
construed as authorizing the Attorney General to seize any records or 
other documents other than those records or documents constituting 
material evidence of a violation of law. If the Attorney General seizes 
such records or documents, copies shall be provided the licensee within 
a reasonable time. The Attorney General may make available to any 
Federal, State, or local law enforcement agency any information which he 
may obtain by reason of this chapter with respect to the identification 
of persons prohibited from purchasing or receiving firearms or 
ammunition who have purchased or received firearms or ammunition, 
together with a description of such firearms or ammunition, and he may 
provide information to the extent such information may be contained in 
the records required to be maintained by this chapter, when so requested 
by any Federal, State, or local law enforcement agency.
    (2) Each licensed collector shall maintain in a bound volume the 
nature of which the Attorney General may by regulations prescribe, 
records of the receipt, sale, or other disposition of firearms. Such 
records shall include the name and address of any person to whom the 
collector sells or otherwise disposes of a firearm. Such collector shall 
not be required to submit to the Attorney General reports and 
information with respect to such records and the contents thereof, 
except as expressly required by this section.
    (3)(A) Each licensee shall prepare a report of multiple sales or 
other dispositions whenever the licensee sells or otherwise disposes of, 
at one time or during any five consecutive business days, two or more 
pistols, or revolvers, or any combination of pistols and revolvers 
totalling two or more, to an unlicensed person. The report shall be 
prepared on a form specified by the Attorney General and forwarded to 
the office specified thereon and to the department of State police or 
State law enforcement agency of the State or local law enforcement 
agency of the local jurisdiction in which the sale or other disposition 
took place, not later than the close of business on the day that the 
multiple sale or other disposition occurs.
    (B) Except in the case of forms and contents thereof regarding a 
purchaser who is prohibited by subsection (g) or (n) of section 922 of 
this title from receipt of a firearm, the department of State police or 
State law enforcement agency or local law enforcement agency of the 
local jurisdiction shall not disclose any such form or the contents 
thereof to any person or entity, and shall destroy each such form and 
any record of the contents thereof no more than 20 days from the date 
such form is received. No later than the date that is 6 months after the 
effective date of this subparagraph, and at the end of each 6-month 
period thereafter, the department of State police or State law 
enforcement agency or local law enforcement agency of the local 
jurisdiction shall certify to the Attorney General of the United States 
that no disclosure contrary to this subparagraph has been made and that 
all forms and any record of the contents thereof have been destroyed as 
provided in this subparagraph.
    (4) Where a firearms or ammunition business is discontinued and 
succeeded by a new licensee, the records required to be kept by this 
chapter shall appropriately reflect such facts and shall be delivered to 
the successor. Where discontinuance of the business is absolute, such 
records shall be delivered within thirty days after the business 
discontinuance to the Attorney General. However, where State law or 
local ordinance requires the delivery of records to other responsible 
authority, the Attorney General may arrange for the delivery of such 
records to such other responsible authority.
    (5)(A) Each licensee shall, when required by letter issued by the 
Attorney General, and until notified to the contrary in writing by the 
Attorney General, submit on a form specified by the Attorney General, 
for periods and at the times specified in such letter, all record 
information required to be kept by this chapter or such lesser record 
information as the Attorney General in such letter may specify.
    (B) The Attorney General may authorize such record information to be 
submitted in a manner other than that prescribed in subparagraph (A) of 
this paragraph when it is shown by a licensee that an alternate method 
of reporting is reasonably necessary and will not unduly hinder the 
effective administration of this chapter. A licensee may use an 
alternate method of reporting if the licensee describes the proposed 
alternate method of reporting and the need therefor in a letter 
application submitted to the Attorney General, and the Attorney General 
approves such alternate method of reporting.
    (6) Each licensee shall report the theft or loss of a firearm from 
the licensee's inventory or collection, within 48 hours after the theft 
or loss is discovered, to the Attorney General and to the appropriate 
local authorities.
    (7) Each licensee shall respond immediately to, and in no event 
later than 24 hours after the receipt of, a request by the Attorney 
General for information contained in the records required to be kept by 
this chapter as may be required for determining the disposition of 1 or 
more firearms in the course of a bona fide criminal investigation. The 
requested information shall be provided orally or in writing, as the 
Attorney General may require. The Attorney General shall implement a 
system whereby the licensee can positively identify and establish that 
an individual requesting information via telephone is employed by and 
authorized by the agency to request such information.
    (h) Licenses issued under the provisions of subsection (c) of this 
section shall be kept post
ed and kept available for inspection on the premises covered by the 
license.
    (i) Licensed importers and licensed manufacturers shall identify by 
means of a serial number engraved or cast on the receiver or frame of 
the weapon, in such manner as the Attorney General shall by regulations 
prescribe, each firearm imported or manufactured by such importer or 
manufacturer.
    (j) A licensed importer, licensed manufacturer, or licensed dealer 
may, under rules or regulations prescribed by the Attorney General, 
conduct business temporarily at a location other than the location 
specified on the license if such temporary location is the location for 
a gun show or event sponsored by any national, State, or local 
organization, or any affiliate of any such organization devoted to the 
collection, competitive use, or other sporting use of firearms in the 
community, and such location is in the State which is specified on the 
license. Records of receipt and disposition of firearms transactions 
conducted at such temporary location shall include the location of the 
sale or other disposition and shall be entered in the permanent records 
of the licensee and retained on the location specified on the license. 
Nothing in this subsection shall authorize any licensee to conduct 
business in or from any motorized or towed vehicle. Notwithstanding the 
provisions of subsection (a) of this section, a separate fee shall not 
be required of a licensee with respect to business conducted under this 
subsection. Any inspection or examination of inventory or records under 
this chapter by the Attorney General at such temporary location shall be 
limited to inventory consisting of, or records relating to, firearms 
held or disposed at such temporary location. Nothing in this subsection 
shall be construed to authorize the Attorney General to inspect or 
examine the inventory or records of a licensed importer, licensed 
manufacturer, or licensed dealer at any location other than the location 
specified on the license. Nothing in this subsection shall be construed 
to diminish in any manner any right to display, sell, or otherwise 
dispose of firearms or ammunition, which is in effect before the date of 
the enactment of the Firearms Owners' Protection Act, including the 
right of a licensee to conduct ``curios or relics'' firearms transfers 
and business away from their business premises with another licensee 
without regard as to whether the location of where the business is 
conducted is located in the State specified on the license of either 
licensee.
    (k) Licensed importers and licensed manufacturers shall mark all 
armor piercing projectiles and packages containing such projectiles for 
distribution in the manner prescribed by the Attorney General by 
regulation. The Attorney General shall furnish information to each 
dealer licensed under this chapter defining which projectiles are 
considered armor piercing ammunition as defined in section 
921(a)(17)(B).
    (l) The Attorney General shall notify the chief law enforcement 
officer in the appropriate State and local jurisdictions of the names 
and addresses of all persons in the State to whom a firearms license is 
issued.

(Added Pub. L. 90-351, title IV, Sec. 902, June 19, 1968, 82 Stat. 231; 
amended Pub. L. 90-618, title I, Sec. 102, Oct. 22, 1968, 82 Stat. 1221; 
Pub. L. 92-377, title I, Sec. 165(b), Dec. 21, 1982, 96 Stat. 1923; Pub. 
L. 99-308, Sec. 103, May 19, 1986, 100 Stat. 453; Pub. L. 99-360, 
Sec. 1(c), July 8, 1986, 100 Stat. 766; Pub. L. 99-408, Secs. 3-7, 
Aug. 28, 1986, 100 Stat. 921; Pub. L. 100-690, title VII, Sec. 7060(d), 
Nov. 18, 1988, 102 Stat. 4404; Pub. L. 101-647, title XXII, 
Sec. 2203(a), title XXXV, Sec. 3525, Nov. 29, 1990, 104 Stat. 4857, 
4924; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 
5117; Pub. L. 103-159, title II, Sec. 201, title III, Sec. 303, Nov. 30, 
1993, 107 Stat. 1544, 1545; Pub. L. 103-322, title XI, 
Secs. 110102(d), 110103(d), 110105(2), 110301(a), 110302-110307, 
title XXXIII, Sec. 330011(i), Sept. 13, 1994, 108 Stat. 1998-2000, 2012-
2014, 2145; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title I, 
Sec. 118], Sept. 30, 1996, 110 Stat. 3009-314, 3009-326; Pub. L. 104-
294, title VI, Sec. 603(j)(1), (k), (l), Oct. 11, 1996, 110 Stat. 3504, 
3505; Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 119(b), (c)], 
Oct. 21, 1998, 112 Stat. 2681-50, 2681-69; Pub. L. 107-296, title XI, 
Sec. 1112(f)(5), (6), Nov. 25, 2002, 116 Stat. 2276.)

                       References in Text

    The effective date of this subparagraph, referred to in subsec. 
(g)(3)(B), is the date of enactment of Pub. L. 103-159, which was 
approved Nov. 30, 1993.
    The date of the enactment of the Firearms Owners' Protection Act, 
referred to in subsec. (j), is the date of enactment of Pub. L. 99-308, 
which was approved May 19, 1986.
                               Amendments

    2002--Subsecs. (a) to (g), (i) to (k). Pub. L. 107-296, 
Sec. 1112(f)(6), substituted ``Attorney General'' for ``Secretary'' 
wherever appearing.
    Subsec. (l). Pub. L. 107-296, Sec. 1112(f)(5), substituted 
``Attorney General'' for ``Secretary of the Treasury''.
    1998--Subsec. (d)(1)(G). Pub. L. 105-277, Sec. 101(b) [title I, 
Sec. 119(b)], added subpar. (G).
    Subsec. (e). Pub. L. 105-277, Sec. 101(b) [title I, Sec. 119(c)], 
inserted before period at end of first sentence ``or fails to have 
secure gun storage or safety devices available at any place in which 
firearms are sold under the license to persons who are not licensees 
(except that in any case in which a secure gun storage or safety device 
is temporarily unavailable because of theft, casualty loss, consumer 
sales, backorders from a manufacturer, or any other similar reason 
beyond the control of the licensee, the dealer shall not be considered 
to be in violation of the requirement to make available such a 
device)''.
    1996--Subsec. (g)(1)(B)(ii). Pub. L. 104-294, Sec. 603(k), 
substituted ``; or'' for period at end of subcl. (II) and realigned 
margins.
    Subsec. (g)(3)(A). Pub. L. 104-294, Sec. 603(j)(1), amended 
directory language of Pub. L. 103-159, Sec. 201(1). See 1993 Amendment 
note below.
    Subsec. (j). Pub. L. 104-208 substituted for period at end ``, 
including the right of a licensee to conduct `curios or relics' firearms 
transfers and business away from their business premises with another 
licensee without regard as to whether the location of where the business 
is conducted is located in the State specified on the license of either 
licensee.''
    Subsec. (l). Pub. L. 104-294, Sec. 603(l), redesignated last subsec. 
as subsec. (l) and realigned margins.
    1994--Subsec. (a). Pub. L. 103-322, Sec. 110301(a), inserted ``and 
shall include a photograph and fingerprints of the applicant'' after 
``regulation prescribe'' in introductory provisions.
    Subsec. (a)(3)(B). Pub. L. 103-322, Sec. 330011(i), amended 
directory language of Pub. L. 101-647, Sec. 3525. See 1990 Amendment 
note below.
    Subsec. (d)(1)(F). Pub. L. 103-322, Sec. 110302, added subpar. (F).
    Subsec. (d)(2). Pub. L. 103-322, Sec. 110303, substituted ``60-day 
period'' for ``forty-five-day period''.
    Subsec. (g)(1)(B)(ii). Pub. L. 103-322, Sec. 110304, amended cl. 
(ii) generally. Prior to amendment, cl. (ii) read as follows: ``for 
ensuring compliance with the record keeping requirements of this chapter 
not more than once during any twelve-month period; or''.
    Subsec. (g)(6). Pub. L. 103-322, Sec. 110305, added par. (6).
    Subsec. (g)(7). Pub. L. 103-322, Sec. 110306, added par. (7).
    Subsec. (i). Pub. L. 103-322, Sec. 110103(d), which inserted at end 
``A large capacity ammunition feeding device manufactured after the date 
of the enactment of this sentence shall be identified by a serial number 
that clearly shows that the device was manufactured or imported after 
the effective date of this subsection, and such other identification as 
the Secretary may by regulation prescribe.'', was repealed by Pub. L. 
103-322, Sec. 110105(2). See Effective and Termination Dates of 1994 
Amendment note below.
    Pub. L. 103-322, Sec. 110102(d), which inserted penultimate sentence 
which read as follows: ``The serial number of any semiautomatic assault 
weapon manufactured after the date of the enactment of this sentence 
shall clearly show the date on which the weapon was manufactured.'', was 
repealed by Pub. L. 103-322, Sec. 110105(2). See Effective and 
Termination Dates of 1994 Amendment note below.
    Subsec. (l). Pub. L. 103-322, Sec. 110307, which directed the 
amendment of this section by adding subsec. (1) at end, was executed by 
adding subsec. (l) at end to reflect the probable intent of Congress.
    1993--Subsec. (a)(3)(A). Pub. L. 103-159, Sec. 303(1), inserted 
``or'' at end of subpar. (A).
    Subsec. (a)(3)(B). Pub. L. 103-159, Sec. 303(2), (3), substituted 
``who is not a dealer in destructive devices, a fee of $200 for 3 years, 
except that the fee for renewal of a valid license shall be $90 for 3 
years.'' for ``who is a pawnbroker dealing in firearms other than 
destructive devices, a fee of $25 per year; or''.
    Subsec. (a)(3)(C). Pub. L. 103-159, Sec. 303(4), struck out subpar. 
(C) which read as follows: ``who is not a dealer in destructive devices 
or a pawnbroker, a fee of $10 per year.''
    Subsec. (g)(3). Pub. L. 103-159, Sec. 201, as amended by Pub. L. 
104-294, Sec. 603(j)(1), designated existing provisions as subpar. (A), 
inserted ``and to the department of State police or State law 
enforcement agency of the State or local law enforcement agency of the 
local jurisdiction in which the sale or other disposition took place,'' 
after ``thereon'', and added subpar. (B).
    1990--Subsec. (a)(3)(B). Pub. L. 101-647, Sec. 3525, as amended by 
Pub. L. 103-322, Sec. 330011(i), inserted a comma after ``devices''.
    Subsec. (d)(1)(B). Pub. L. 101-647, Sec. 2203(a), substituted 
``(n)'' for ``(h)''.
    1988--Subsec. (a). Pub. L. 100-690, Sec. 7060(d)(1), struck out 
period after ``licensing'' in introductory provisions.
    Subsec. (f)(3). Pub. L. 100-690, Sec. 7060(d)(2), struck out the 
period that followed a period after ``paragraph (2)''.
    1986--Subsec. (a). Pub. L. 99-308, Sec. 103(1), amended first 
sentence generally and substituted ``only that information necessary to 
determine eligibility for licensing.'' for ``such information'' in 
second sentence. Prior to amendment, first sentence read as follows: 
``No person shall engage in business as a firearms or ammunition 
importer, manufacturer, or dealer until he has filed an application 
with, and received a license to do so from, the Secretary.''
    Subsec. (a)(1)(A). Pub. L. 99-408, Sec. 3, in amending subpar. (A) 
generally, substituted ``, ammunition for destructive devices or armor 
piercing ammunition'' for ``or ammunition for destructive devices''.
    Subsec. (a)(1)(C). Pub. L. 99-408, Sec. 4, in amending subpar. (C) 
generally, substituted ``, other than ammunition for destructive devices 
or armor piercing ammunition'' for ``other than destructive devices''.
    Subsec. (a)(2). Pub. L. 99-408, Sec. 5, amended subpars. (A) and (B) 
generally. Prior to amendment, subpars. (A) and (B) read as follows:
    ``(A) of destructive devices or ammunition for destructive devices, 
a fee of $1,000 per year; or
    ``(B) of firearms other than destructive devices or ammunition for 
firearms other than destructive devices, a fee of $50 per year.''
    Subsec. (a)(3)(B). Pub. L. 99-308, Sec. 103(2), struck out ``or 
ammunition for firearms other than destructive devices,'' after 
``destructive devices''.
    Subsec. (b). Pub. L. 99-308, Sec. 103(3), substituted ``only that 
information necessary to determine eligibility'' for ``such 
information''.
    Subsec. (c). Pub. L. 99-360 inserted provision which required any 
licensed manufacturer, importer, or dealer who has maintained a firearm 
as part of a personal collection for one year and sells or otherwise 
disposes of such firearm to record the description of the firearm in a 
bound volume, specified other information to be recorded, and provided 
that no other recordkeeping be required.
    Pub. L. 99-308, Sec. 103(4), inserted provision that nothing in this 
chapter be construed to prohibit a licensed manufacturer, importer, or 
dealer from maintaining and disposing of a personal collection of 
firearms subject to such restrictions as apply in this chapter to other 
persons, and provision specifying circumstances under which such 
disposition or any other acquisition shall result in such firearms being 
deemed part of the licensee's business inventory.
    Subsec. (e). Pub. L. 99-408, Sec. 6, inserted provisions relating to 
licenses of dealers willfully transferring armor piercing ammunition.
    Pub. L. 99-308, Sec. 103(5), inserted ``willfully'' before 
``violated''.
    Subsec. (f)(3). Pub. L. 99-308, Sec. 103(6)(A), inserted ``de novo'' 
before ``judicial review'' in second sentence and ``whether or not such 
evidence was considered at the hearing held under paragraph (2).'' after 
``to the proceeding'' in third sentence.
    Subsec. (f)(4). Pub. L. 99-308, Sec. 103(6)(B), added par. (4).
    Subsec. (g). Pub. L. 99-308, Sec. 103(7), amended subsec. (g) 
generally. Prior to amendment, subsec. (g) read as follows: ``Each 
licensed importer, licensed manufacturer, licensed dealer, and licensed 
collector shall maintain such records of importation, production, 
shipment, receipt, sale, or other disposition, of firearms and 
ammunition except .22 caliber rimfire ammunition at such place, for such 
period, and in such form as the Secretary may by regulations prescribe. 
Such importers, manufacturers, dealers, and collectors shall make such 
records available for inspection at all reasonable times, and shall 
submit to the Secretary such reports and information with respect to 
such records and the contents thereof as he shall by regulations 
prescribe. The Secretary may enter during business hours the premises 
(including places of storage) of any firearms or ammunition importer, 
manufacturer, dealer, or collector for the purpose of inspecting or 
examining (1) any records or documents required to be kept by such 
importer, manufacturer, dealer, or collector under the provisions of 
this chapter or regulations issued under this chapter, and (2) any 
firearms or ammunition kept or stored by such importer, manufacturer, 
dealer, or collector at such premises. Upon the request of any State or 
any political subdivision thereof, the Secretary may make available to 
such State or any political subdivision thereof, any information which 
he may obtain by reason of the provisions of this chapter with respect 
to the identification of persons within such State or political 
subdivision thereof, who have purchased or received firearms or 
ammunition, together with a description of such firearms or 
ammunition.''
    Subsec. (j). Pub. L. 99-308, Sec. 103(8), amended subsec. (j) 
generally. Prior to amendment, subsec. (j) read as follows: ``This 
section shall not apply to anyone who engages only in hand loading, 
reloading, or custom loading ammunition for his own firearm, and who 
does not hand load, reload, or custom load ammunition for others.''
    Subsec. (k). Pub. L. 99-408, Sec. 7, added subsec. (k).
    1982--Subsec. (g). Pub. L. 97-377 inserted ``except .22 caliber 
rimfire ammunition'' after ``and ammunition''. The amendment by Pub. L. 
97-377, which purported to amend subsec. (9), was executed instead to 
subsec. (g) as the probable intent of Congress because this section does 
not contain a subsec. (9).
    1968--Subsec. (a). Pub. L. 90-618 struck out ``be required to'' 
after ``Each applicant shall''.
    Subsec. (a)(1). Pub. L. 90-618 inserted ``the applicant is'' after 
``If'' in text preceding subpar. (A), substituted ``or ammunition for 
destructive devices,'' for ``and/or ammunition'' in subpar. (A), 
decreased the fee from $500 per year to $50 per year in subpar. (B), and 
added subpar. (C).
    Subsec. (a)(2). Pub. L. 90-618 inserted ``the applicant is'' after 
``If'' in text preceding subpar. (A), substituted ``or ammunition for 
destructive devices,'' for ``and/or ammunition'' in subpar. (A), and 
inserted provision for ammunition for firearms other than destructive 
devices and decreased the fee from $500 per year to $50 per year in 
subpar. (B).
    Subsec. (a)(3). Pub. L. 90-618 inserted ``the applicant is'' after 
``If'' in text preceding subpar. (A), substituted ``in destructive 
devices or ammunition for destructive devices,'' for ``of destructive 
devices and/or ammunition'' in subpar. (A), and inserted provision for 
ammunition for firearms other than destructive devices and decreased the 
fee from $250 per year to $25 per year in subpar. (B).
    Subsecs. (b), (c). Pub. L. 90-618 added subsec. (b), redesignated 
former subsec. (b) as (c) and made mandatory the requirement that the 
Secretary issue the appropriate license to a qualified applicant. Former 
subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 90-618 redesignated former subsec. (c) as 
(d)(1), made changes in phraseology, inserted references to section 
922(g) and (h) of this chapter in subsec. (d)(1)(B) and to applicants 
engaged in collecting in subsec. (d)(1)(E)(ii), and added subsec. 
(d)(2). Former subsec. (d) redesignated (g).
    Subsecs. (e), (f). Pub. L. 90-618 added subsecs. (e) and (f) and 
redesignated former subsecs. (e) and (f) as (h) and (i), respectively.
    Subsec. (g). Pub. L. 90-618 redesignated former subsec. (d) as (g) 
and added licensed collectors to the enumerated list of licensees 
subject to the provisions of this section.
    Subsec. (h). Pub. L. 90-618 redesignated former subsec. (e) as (h) 
and substituted ``subsection (c)'' for ``subsection (b)''.
    Subsec. (i). Pub. L. 90-618 redesignated former subsec. (f) as (i) 
and inserted ``, by means of a serial number engraved or cast on the 
receiver or frame of the weapon,'' after ``shall identify''.
    Subsec. (j). Pub. L. 90-618 added subsec. (j).

                         Change of Name

    Words ``magistrate judge'' substituted for ``magistrate'' wherever 
appearing in subsec. (g)(1)(A) pursuant to section 321 of Pub. L. 101-
650, set out as a note under section 631 of Title 28, Judiciary and 
Judicial Procedure.
                    Effective Date of 2002 Amendment

    Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, 
see section 4 of Pub. L. 107-296, set out as an Effective Date note 
under section 101 of Title 6, Domestic Security.
                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-277, effective 180 days after Oct. 21, 
1998, see section 101(b) [title I, Sec. 119(e)] of Pub. L. 105-277, set 
out as a note under section 921 of this title.
                    Effective Date of 1996 Amendment

    Section 603(j)(2) of Pub. L. 104-294 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall take effect as if 
the amendment had been included in the Act referred to in paragraph (1) 
[Pub. L. 103-159] on the date of the enactment of such Act [Nov. 30, 
1993].''
            Effective and Termination Dates of 1994 Amendment

    Amendment by sections 110102(d) and 110103(d) of Pub. L. 103-322 
repealed 10 years after Sept. 13, 1994, see section 110105(2) of Pub. L. 
103-322, formerly set out as a note under section 921 of this title.
    Section 330011(i) of Pub. L. 103-322 provided that the amendment 
made by that section is effective as of the date on which section 3525 
of Pub. L. 101-647 took effect.
                    Effective Date of 1986 Amendment

    Amendment by sections 3 to 5 of Pub. L. 99-408 effective first day 
of first calendar month beginning more than ninety days after Aug. 28, 
1986, and amendment by sections 6 and 7 of Pub. L. 99-408 effective Aug. 
28, 1986, see section 9 of Pub. L. 99-408, set out as a note under 
section 921 of this title.
    Amendment by Pub. L. 99-360 effective on date on which amendment of 
this section by Firearms Owners' Protection Act, Pub. L. 99-308, became 
effective, see section 2 of Pub. L. 99-360, set out as a note under 
section 921 of this title.
    Amendment by section 103(1)-(6)(A), (7), (8) of Pub. L. 99-308 
effective 180 days after May 19, 1986, and amendment by section 
103(6)(B) of Pub. L. 99-308 applicable to any action, petition, or 
appellate proceeding pending on May 19, 1986, see section 110(a), (b) of 
Pub. L. 99-308, set out as a note under section 921 of this title.
                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-618 effective Dec. 16, 1968, see section 105 
of Pub. L. 90-618, set out as a note under section 921 of this title.
                    Statutory Construction; Evidence

    Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 119(d)], Oct. 
21, 1998, 112 Stat. 2681-50, 2681-70, provided that:
    ``(1) Statutory construction.--Nothing in the amendments made by 
this section [amending this section and section 921 of this title] shall 
be construed--
        ``(A) as creating a cause of action against any firearms dealer 
    or any other person for any civil liability; or
        ``(B) as establishing any standard of care.
    ``(2) Evidence.--Notwithstanding any other provision of law, 
evidence regarding compliance or noncompliance with the amendments made 
by this section shall not be admissible as evidence in any proceeding of 
any court, agency, board, or other entity.''
        Funding for Bureau Not Authorized for Disclosure of Data

    Pub. L. 109-108, title I, Nov. 22, 2005, 119 Stat. 2295, provided in 
part: ``That no funds appropriated under this or any other Act with 
respect to any fiscal year may be used to disclose part or all of the 
contents of the Firearms Trace System database maintained by the 
National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives or any information required to be kept by licensees pursuant 
to section 923(g) of title 18, United States Code, or required to be 
reported pursuant to paragraphs (3) and (7) of such section 923(g), to 
anyone other than a Federal, State, or local law enforcement agency or a 
prosecutor solely in connection with and for use in a bona fide criminal 
investigation or prosecution and then only such information as pertains 
to the geographic jurisdiction of the law enforcement agency requesting 
the disclosure and not for use in any civil action or proceeding other 
than an action or proceeding commenced by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives, or a review of such an action or 
proceeding, to enforce the provisions of chapter 44 of such title, and 
all such data shall be immune from legal process and shall not be 
subject to subpoena or other discovery, shall be inadmissible in 
evidence, and shall not be used, relied on, or disclosed in any manner, 
nor shall testimony or other evidence be permitted based upon such data, 
in any civil action pending on or filed after the effective date of this 
Act [Pub. L. 109-108, approved Nov. 22, 2005] in any State (including 
the District of Columbia) or Federal court or in any administrative 
proceeding other than a proceeding commenced by the Bureau of Alcohol, 
Tobacco,
Firearms and Explosives to enforce the provisions of that chapter, or a 
review of such an action or proceeding; except that this proviso shall 
not be construed to prevent the disclosure of statistical information 
concerning total production, importation, and exportation by each 
licensed importer (as defined in section 921(a)(9) of such title) and 
licensed manufacturer (as defined in section 921(a)(10) of such 
title)''.
    Similar provisions were contained in the following prior 
appropriation act:
    Pub. L. 108-447, div. B, title I, Dec. 8, 2004, 118 Stat. 2859.