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18 U.S.C. § 925 — Exceptions: Relief from disabilities

submitted 58 years ago by Pub. L. 90-351 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 1,142 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section excuses government-owned guns and ammo from most gun-law limits, with narrow exceptions. It lets licensed dealers ship firearms to troops overseas and to gun clubs for members. It also lets the Attorney General restore gun rights to barred people and control gun imports.

(a) Government and military exceptions. Most of this chapter — except the rules barring certain domestic-violence and misdemeanor-related firearm possession, and the ban on undetectable firearms — doesn't apply to firearms or ammunition imported for, sold or shipped to, or issued for use by the federal government or any of its agencies, or by a state or local government or its agencies (1). The same chapter, except the undetectable-firearms ban, also doesn't apply to firearms or ammunition the Army once sold or issued under a now-repealed law, before it was repealed (A), or to transporting such a firearm or ammunition so someone who lawfully got it from the Army can use it for military training or competition (B) (2). Unless otherwise barred by law, licensed dealers, importers, or manufacturers may ship — and active-duty servicemembers stationed outside the U.S., or Defense Department-recognized military clubs made up entirely of such members, may receive — a firearm or ammunition the Attorney General finds is generally recognized as suitable for sporting use, for that member's or club's personal use (3). The Attorney General may also authorize bringing a firearm or ammunition into the U.S., to the home of a servicemember who is (or was, within the last 60 days) on active duty overseas, if it's found suitable for sporting purposes or recognized by the Defense Department as a war souvenir, and is meant for that member's personal use — as long as doing so fits with other applicable laws (4). For this shipping/receiving rule, "United States" means the states plus Washington, D.C. (5). (b) A licensed importer, manufacturer, dealer, or collector who gets indicted for a crime punishable by more than a year in prison may keep operating under their existing license — as long as they've timely applied for a new one — until any conviction from that indictment becomes final. (c) Someone barred from having firearms can apply to the Attorney General for relief from that ban. The Attorney General may grant it if satisfied, based on the person's circumstances and reputation, that they won't likely be a danger to public safety and that granting relief isn't against the public interest. If denied, the person can ask a federal district court to review the denial, and the court may consider new evidence if refusing to would result in an unjust outcome. A licensee who applies for this relief can keep operating under their license while the application is pending. Whenever the Attorney General grants this relief, it must be published in the Federal Register along with the reasons for it. (d) The Attorney General must allow a firearm or ammunition to be imported if it's for scientific or research purposes, or for competition or training under a specific military program (1); is an unserviceable curio or museum-piece firearm, other than a machine gun (2); doesn't technically meet the legal definition of a firearm and is recognized as suitable for sporting use, excluding surplus military firearms — though if a particular firearm type hasn't been authorized for import, importing an unassembled frame, receiver, or barrel for it that would be illegal once assembled is also illegal (3); or was previously exported by the very person now bringing it back in (4). The Attorney General must also allow conditional importing for testing, to help decide whether a firearm or ammunition ultimately qualifies. (e) Regardless of anything else in this title, the Attorney General must authorize licensed importers to import all rifles and shotguns on the Attorney General's official curio-or-relic list (1), and all handguns on that same list, but only if they're also recognized as suitable for sporting use (2). (f) Despite subsection (d), the Attorney General may never authorize importing any firearm that's banned under the undetectable-firearms rule.

facts

- Located at 18 U.S.C. § 925, titled "Exceptions: Relief from disabilities," within the federal criminal code's firearms chapter. - Originally enacted by Pub. L. 90-351, title IV, § 902, on June 19, 1968 (82 Stat. 233). - Comprises 1,142 words across six subsections (a)-(f) addressing exemptions and relief from firearms disabilities. - Amended 13 times, most recently by Pub. L. 115-232 in 2018, reflecting extensive legislative revision since original enactment. - Source credit cites 13 distinct amending Public Laws spanning from 1968 to 2018.
the actual law source: uscode.house.gov ↗public domain
(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 751 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).

Source credit: (Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 233; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1224; Pub. L. 98–573, title II, § 233, Oct. 30, 1984, 98 Stat. 2991; Pub. L. 99–308, § 105, May 19, 1986, 100 Stat. 459; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–649, § 2(c), (f)(2)(C), (E), Nov. 10, 1988, 102 Stat. 3817, 3818; Pub. L. 101–647, title XXII, § 2203(b), (c), Nov. 29, 1990, 104 Stat. 4857; Pub. L. 104–106, div. A, title XVI, § 1624(b)(3), Feb. 10, 1996, 110 Stat. 522; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 658(d)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372; Pub. L. 104–294, title VI, § 607(c), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–296, title XI, § 1112(f)(6), Nov. 25, 2002, 116 Stat. 2276; Pub. L. 108–174, § 1(3), Dec. 9, 2003, 117 Stat. 2481; Pub. L. 115–232, div. A, title VIII, § 809(e)(3), Aug. 13, 2018, 132 Stat. 1842.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-351 · 82 Stat. 233
  • 1968Amended · Pub. L. 90-618 · 82 Stat. 1224
  • 1984Amended · Pub. L. 98-573 · 98 Stat. 2991
  • 1986Amended · Pub. L. 99-308 · 100 Stat. 459
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
  • 1988Amended · Pub. L. 100-649 · 102 Stat. 3817, 3818
  • 1990Amended · Pub. L. 101-647 · 104 Stat. 4857
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 522
  • 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3511
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2276
  • 2003Amended · Pub. L. 108-174 · 117 Stat. 2481
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1842
The source credit establishes that this section was added by Public Law 90–351, title IV, § 902, enacted June 19, 1968, and appearing at 82 Stat. 233. The credit further records that the section has since been amended thirteen times, beginning with Public Law 90–618 later that same year and continuing through amendments in 1984, 1986 (twice), 1988, 1990, 1996 (three separate enactments), 2002, 2003, and most recently 2018. This pattern indicates a provision that has been revisited repeatedly over five decades as federal firearms law evolved. Public Law 90–351 is commonly known as the Omnibus Crime Control and Safe Streets Act of 1968. Title IV of that Act, sometimes called the Gun Control Act, is generally understood to have been enacted amid national concern over rising crime rates and in the wake of high-profile assassinations in the 1960s, with the broadly stated purpose of regulating interstate commerce in firearms and imposing licensing and possession restrictions. Within that framework, provisions such as § 925 are generally understood to address exceptions and relief mechanisms so that the broader prohibitions do not sweep in government, military, or otherwise qualified uses. Beyond this general legislative background, the record here does not establish the specific reasoning behind each subsequent amendment or the precise drafting history of individual clauses within the section. Any more detailed account of legislative intent for particular provisions would require review of the individual amending Acts and their legislative histories, which are not part of the supplied record.

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