18 USC 923(g)(6)
US CODE Title 18,923_ Licensing.htm
Federal Firearms Licensee Firearms Inventory Theft/Loss Report
18 USC 923(g)(6)
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US CODE: Title 18,923. Licensing
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| TITLE 18 > PART I > CHAPTER 44 > § 923 | Prev | Next |
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§ 923. Licensing | |
| Release date: 2005-08-03 | |
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(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—
(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—
(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
(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;
(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.
(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—
(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;
(C)
The Attorney General may inspect the inventory and
records of a licensed collector without such reasonable cause or warrant—
(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 posted 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. 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. 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
Attorney General may by regulation prescribe.
(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.
[1] So in original. Probably should be “Attorney General’s”. |
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