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      Procedure > Crimes and Criminal Procedure - 18 USC Section 925  01/19/04 
 Sec. 925. Exceptions: Relief from disabilities
(a)(1) The provisions of this chapter, except for sections
 922(d)(9) and 922(g)(9) and provisions relating to firearms subject
 to the prohibitions of section 922(p), shall not apply with respect
 to the transportation, shipment, receipt, possession, or
 importation of any firearm or ammunition imported for, sold or
 shipped to, or issued for the use of, the United States or any
 department or agency thereof or any State or any department,
 agency, or political subdivision thereof.
 (2) The provisions of this chapter, except for provisions
 relating to firearms subject to the prohibitions of section 922(p),
 shall not apply with respect to (A) the shipment or receipt of
 firearms or ammunition when sold or issued by the Secretary of the
 Army pursuant to section 4308 of title 10 before the repeal of such
 section by section 1624(a) of the Corporation for the Promotion of
 Rifle Practice and Firearms Safety Act, and (B) the transportation
 of any such firearm or ammunition carried out to enable a person,
 who lawfully received such firearm or ammunition from the Secretary
 of the Army, to engage in military training or in competitions.
 (3) Unless otherwise prohibited by this chapter, except for
 provisions relating to firearms subject to the prohibitions of
 section 922(p), or any other Federal law, a licensed importer,
 licensed manufacturer, or licensed dealer may ship to a member of
 the United States Armed Forces on active duty outside the United
 States or to clubs, recognized by the Department of Defense, whose
 entire membership is composed of such members, and such members or
 clubs may receive a firearm or ammunition determined by the
 Attorney General to be generally recognized as particularly
 suitable for sporting purposes and intended for the personal use of
 such member or club.
 (4) When established to the satisfaction of the Attorney General
 to be consistent with the provisions of this chapter, except for
 provisions relating to firearms subject to the prohibitions of
 section 922(p), and other applicable Federal and State laws and
 published ordinances, the Attorney General may authorize the
 transportation, shipment, receipt, or importation into the United
 States to the place of residence of any member of the United States
 Armed Forces who is on active duty outside the United States (or
 who has been on active duty outside the United States within the
 sixty day period immediately preceding the transportation,
 shipment, receipt, or importation), of any firearm or ammunition
 which is (A) determined by the Attorney General to be generally
 recognized as particularly suitable for sporting purposes, or
 determined by the Department of Defense to be a type of firearm
 normally classified as a war souvenir, and (B) intended for the
 personal use of such member.
 (5) For the purpose of paragraph (3) of this subsection, the term
 "United States" means each of the several States and the District
 of Columbia.
 (b) A licensed importer, licensed manufacturer, licensed dealer,
 or licensed collector who is indicted for a crime punishable by
 imprisonment for a term exceeding one year, may, notwithstanding
 any other provision of this chapter, continue operation pursuant to
 his existing license (if prior to the expiration of the term of the
 existing license timely application is made for a new license)
 during the term of such indictment and until any conviction
 pursuant to the indictment becomes final.
 (c) A person who is prohibited from possessing, shipping,
 transporting, or receiving firearms or ammunition may make
 application to the Attorney General for relief from the
 disabilities imposed by Federal laws with respect to the
 acquisition, receipt, transfer, shipment, transportation, or
 possession of firearms, and the Attorney General may grant such
 relief if it is established to his satisfaction that the
 circumstances regarding the disability, and the applicant's record
 and reputation, are such that the applicant will not be likely to
 act in a manner dangerous to public safety and that the granting of
 the relief would not be contrary to the public interest. Any person
 whose application for relief from disabilities is denied by the
 Attorney General may file a petition with the United States
 district court for the district in which he resides for a judicial
 review of such denial. The court may in its discretion admit
 additional evidence where failure to do so would result in a
 miscarriage of justice. A licensed importer, licensed manufacturer,
 licensed dealer, or licensed collector conducting operations under
 this chapter, who makes application for relief from the
 disabilities incurred under this chapter, shall not be barred by
 such disability from further operations under his license pending
 final action on an application for relief filed pursuant to this
 section. Whenever the Attorney General grants relief to any person
 pursuant to this section he shall promptly publish in the Federal
 Register notice of such action, together with the reasons therefor.
 (d) The Attorney General shall authorize a firearm or ammunition
 to be imported or brought into the United States or any possession
 thereof if the firearm or ammunition -
 
 (1) is being imported or brought in for scientific or research
 purposes, or is for use in connection with competition or
 training pursuant to chapter 401 of title 10;
 
 (2) is an unserviceable firearm, other than a machinegun as
 defined in section 5845(b) of the Internal Revenue Code of 1986
 (not readily restorable to firing condition), imported or brought
 in as a curio or museum piece;
 
 (3) is of a type that does not fall within the definition of a
 firearm as defined in section 5845(a) of the Internal Revenue
 Code of 1986 and is generally recognized as particularly suitable
 for or readily adaptable to sporting purposes, excluding surplus
 military firearms, except in any case where the Attorney General
 has not authorized the importation of the firearm pursuant to
 this paragraph, it shall be unlawful to import any frame,
 receiver, or barrel of such firearm which would be prohibited if
 assembled; or
 
 (4) was previously taken out of the United States or a
 possession by the person who is bringing in the firearm or
 ammunition.
 The Attorney General shall permit the conditional importation or
 bringing in of a firearm or ammunition for examination and testing
 in connection with the making of a determination as to whether the
 importation or bringing in of such firearm or ammunition will be
 allowed under this subsection.
 (e) Notwithstanding any other provision of this title, the
 Attorney General shall authorize the importation of, by any
 licensed importer, the following:
 
 (1) All rifles and shotguns listed as curios or relics by the
 Attorney General pursuant to section 921(a)(13), and
 
 (2) All handguns, listed as curios or relics by the Attorney
 General pursuant to section 921(a)(13), provided that such
 handguns are generally recognized as particularly suitable for or
 readily adaptable to sporting purposes.
 (f) The Attorney General shall not authorize, under subsection
 (d), the importation of any firearm the importation of which is
 prohibited by section 922(p).
 
 
 AMENDMENT OF SECTION
 Pub. L. 100-649, Sec. 2(f)(2)(C), (E), Nov. 10, 1988, 102 Stat.
 3818, as amended by 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(1), (3), Dec. 9, 2003, 117 Stat. 2481, provided
 that, effective 25 years after the 30th day beginning after Nov.
 10, 1988, subsection (a) of this section is amended by striking
 "and provisions relating to firearms subject to the prohibitions of
 section 922(p)" in par. (1), striking ", except for provisions
 relating to firearms subject to the prohibitions of section
 922(p)," in par. (2), and striking "except for provisions relating
 to firearms subject to the prohibitions of section 922(p)," in
 pars. (3) and (4) and subsection (f) of this section is repealed.
 
 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 1996 AMENDMENT
 Amendment by Pub. L. 104-106 effective on the earlier of the date
 on which the Secretary of the Army submits a certification in
 accordance with section 5523 of [former] Title 36, Patriotic
 Societies and Observances, or Oct. 1, 1996, see section 1624(c) of
 Pub. L. 104-106, set out as a note under section 4316 of Title 10,
 Armed Forces.
 
 EFFECTIVE DATE OF 1988 AMENDMENT; SUNSET PROVISION
 Amendment by section 2(c) of Pub. L. 100-649 effective 30th day
 beginning after Nov. 10, 1988, and amendment by section 2(f)(2)(C),
 (E) effective 25 years after such effective date, see section 2(f)
 of Pub. L. 100-649, as amended, set out as a note under section 922
 of this title.
 
 EFFECTIVE DATE OF 1986 AMENDMENT
 Amendment by Pub. L. 99-308 applicable to any action, petition,
 or appellate proceeding pending on May 19, 1986, see section 110(b)
 of Pub. L. 99-308, set out as a note under section 921 of this
 title.
 
 EFFECTIVE DATE OF 1984 AMENDMENT
 Amendment by Pub. L. 98-573 effective 15th day after Oct. 30,
 1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
 under section 1304 of Title 19, Customs Duties.
 
 EFFECTIVE DATE OF 1968 AMENDMENT
 Amendment by Pub. L. 90-618 effective Dec. 16, 1968, except
 subsecs. (a)(1) and (d) effective Oct. 22, 1968, see section 105 of
 Pub. L. 90-618, set out as a note under section 921 of this title.
 Last modified: April 13, 2006 |