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18 U.S.C. § 926Rules and regulations

submitted 58 years ago by Pub. L. 90-351 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 282 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General may only make rules needed to run this gun-law chapter. These rules cover license copies and safe storage of surrendered firearms. No rule may create a firearm registry or force records onto a government facility. The Attorney General must give ninety days' public notice before making rules. Black-powder buyers cannot be forced to prove their exemption in writing.

(a) The Attorney General may only make rules necessary to carry out this chapter of gun laws. Three examples are listed. First, when two licensed dealers do business together, one must give the other a certified copy of their own license. Second, the Attorney General can charge a licensee a reasonable fee to get certified copies of that person's license. Third, rules can require dealers to safely receive and store firearms that people give up or that get seized. This covers firearms tied to certain disqualifications under section 922(d)(8) or (g)(8). After the Firearm Owners' Protection Act became law, new limits apply. No rule may force gun records to be sent to, or stored at, a government facility. This includes facilities run by the federal government, a state, or a local government. No rule may create a system that registers firearms, their owners, or their sales. This section does not change the Secretary's power to look into where a firearm went during a criminal investigation. (b) Before making any rule, the Attorney General must give the public at least ninety days' notice. Interested people must get a chance for a hearing. (c) The Attorney General cannot make rules for black powder buyers who qualify for the exemption in section 845(a)(5). These buyers cannot be forced to sign affidavits or forms proving they qualify.
the actual law source: uscode.house.gov ↗public domain
(a)

The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—

(1)

regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license;

(2)

regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; and

(3)

regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.

No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Secretary’s 1 authority to inquire into the disposition of any firearm in the course of a criminal investigation.

(b)

The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations.

(c)

The Attorney General shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 845(a)(5) of this title to complete affidavits or forms attesting to that exemption.

Source credit: (Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 234; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1226; Pub. L. 99–308, § 106, May 19, 1986, 100 Stat. 459; Pub. L. 103–322, title XI, § 110401(d), Sept. 13, 1994, 108 Stat. 2015; Pub. L. 107–296, title XI, § 1112(f)(6), Nov. 25, 2002, 116 Stat. 2276.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-351 · 82 Stat. 234
  • 1968Amended · Pub. L. 90-618 · 82 Stat. 1226
  • 1986Amended · Pub. L. 99-308 · 100 Stat. 459
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2015
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2276

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-351 on 1968-06-19.

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