r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE wiki — defined terms

“firearm” applies throughout its chapter

The term “firearm” means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.;

“fireman” applies throughout its chapter

The term “fireman” means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or the District of Columbia.;

“law enforcement officer” applies throughout its chapter

The term “law enforcement officer” means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include members of the National Guard (as defined in section 101 of title 10 ), members of the organized militia of any State, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia not included within the National Guard (as defined in section 101 of title 10 ), and members of the …

“State” applies throughout its chapter

The term “State” includes a State of the United States, and any commonwealth, territory, or possession of the United States.

“law enforcement officer” applies in that section

the term “law enforcement officer” means any officer of the United States, the District of Columbia, a State, or political subdivision of a State, who is empowered by law to conduct investigations of, or make arrests because of, offenses against the United States, the District of Columbia, a State, or a political subdivision of a State. (d) For purposes of this section,

“State” applies in that section

the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

“religious real property” applies in that section

the term “religious real property” means any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship, or real property owned or leased by a nonprofit, religiously affiliated organization. (g) No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.

“facility” applies in that section

The term “facility” includes a hospital, clinic, physician’s office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located. (2) Interfere with .—

“interfere with” applies in that section

The term “interfere with” means to restrict a person’s freedom of movement. (3) Intimidate .—

“intimidate” applies in that section

The term “intimidate” means to place a person in reasonable apprehension of bodily harm to him- or herself or to another. (4) Physical obstruction .—

“physical obstruction” applies in that section

The term “physical obstruction” means rendering impassable ingress to or egress from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous. (5) Reproductive health services .—

“reproductive health services” applies in that section

The term “reproductive health services” means reproductive health services provided in a hospital, clinic, physician’s office, or other facility, and includes medical, surgical, counselling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy. (6) State .—

“State” applies in that section

The term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

“bodily injury” applies in that section

the term “bodily injury” has the meaning given such term in section 1365(h)(4) of this title , but does not include solely emotional or psychological harm to the victim;

“explosive or incendiary device” applies in that section

the term “explosive or incendiary device” has the meaning given such term in section 232 of this title ;

“firearm” applies in that section

the term “firearm” has the meaning given such term in section 921(a) of this title ;

“gender identity” applies in that section

the term “gender identity” means actual or perceived gender-related characteristics; and;

“State” applies in that section

the term “State” includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. (d) Statute of Limitations.— (1) Offenses not resulting in death .— Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed. (2) Death resulting offenses .— An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.

“common carrier” applies throughout its chapter

the term “common carrier” means a locomotive, a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier.

“State” applies in that section

the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

“diversified” applies in that section

the terms “diversified”, “employee benefit plan”, “holdings”, “mutual fund”, and “unit investment trust” have the meanings given those terms under section 2640.102 of title 5, Code of Federal Regulations, or any successor thereto; and;

“employee benefit plan” applies in that section

the terms “diversified”, “employee benefit plan”, “holdings”, “mutual fund”, and “unit investment trust” have the meanings given those terms under section 2640.102 of title 5, Code of Federal Regulations, or any successor thereto; and;

“holdings” applies in that section

the terms “diversified”, “employee benefit plan”, “holdings”, “mutual fund”, and “unit investment trust” have the meanings given those terms under section 2640.102 of title 5, Code of Federal Regulations, or any successor thereto; and;

“mutual fund” applies in that section

the terms “diversified”, “employee benefit plan”, “holdings”, “mutual fund”, and “unit investment trust” have the meanings given those terms under section 2640.102 of title 5, Code of Federal Regulations, or any successor thereto; and;

“printing-related interest” applies in that section

the term “printing-related interest” means an interest, direct or indirect, in— (A) the publication of any newspaper or periodical; (B) any printing, binding, engraving, or lithographing of any kind; or (C) any contract for furnishing paper or other material connected with the public printing, binding, lithographing, or engraving. (b) Offense.— (1) In general .— Except as provided in paragraph (2), the Director of the Government Publishing Office, Deputy Director of the Government Publishing Office, nor 1 any of their assistants as determined by the Director of the Government Publishing Office shall not, 1 during his or her continuance in office, have any printing-related interest.

“unit investment trust” applies in that section

the terms “diversified”, “employee benefit plan”, “holdings”, “mutual fund”, and “unit investment trust” have the meanings given those terms under section 2640.102 of title 5, Code of Federal Regulations, or any successor thereto; and;

“analog, digital, or electronic image” applies in that section

the term “analog, digital, or electronic image” includes any analog, digital, or electronic method used for the making, execution, acquisition, scanning, capturing, recording, retrieval, transmission, or reproduction of any obligation or security, unless such use is authorized by the Secretary of the Treasury. The Secretary shall establish a system (pursuant to section 504) to ensure that the legitimate use of such electronic methods and retention of such reproductions by businesses, hobbyists, press and others shall not be unduly restricted.

“distinctive counterfeit deterrent” applies in that section

the term “distinctive counterfeit deterrent” includes any ink, watermark, seal, security thread, optically variable device, or other feature or device; (A) in which the United States has an exclusive property interest; or (B) which is not otherwise in commercial use or in the public domain and which the Secretary designates as being necessary in preventing the counterfeiting of obligations or other securities of the United States.

“distinctive paper” applies in that section

the term “distinctive paper” includes any distinctive medium of which currency is made, whether of wood pulp, rag, plastic substrate, or other natural or artificial fibers or materials; and;

“postage stamp” applies in that section

the term “postage stamp” includes postage meter stamps.

“Federal benefit” applies in that section

the term “Federal benefit” means— (A) the issuance of any grant, contract, loan, professional license, or commercial license provided by any agency of the United States or by appropriated funds of the United States; and (B) any retirement, welfare, Social Security, health (including treatment of an emergency medical condition in accordance with section 1903(v) of the Social Security Act (19 1 U.S.C.

“tampers with” applies in that section

the term “tampers with” includes covering a program decal or device affixed to a motor vehicle pursuant to the Motor Vehicle Theft Prevention Act for the purpose of obstructing its visibility.

“counterfeited” applies in that section

the term “counterfeited” means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;

“forged” applies in that section

the term “forged” means a document that purports to be genuine but is not because it has been falsely altered, com­pleted, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents;

“organization” applies in that section

the term “organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce; and;

“security” applies in that section

the term “security” means— (A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) 2 of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property; (B) an instrument …

“State” applies in that section

the term “State” includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.

“United States” applies in that section

the term “United States” has the meaning given that term in section 545.

“candidate” applies in that section

the term “candidate” means an individual who seeks nomination for election, or election, to Federal, State, or local office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal, State, or local office, if he has (A) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, or (B) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office;

“election” applies in that section

the term “election” means (A) a general, special primary, or runoff election, (B) a convention or caucus of a political party held to nominate a candidate, (C) a primary election held for the selection of delegates to a nominating convention of a political party, (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any State; and;

“State” applies in that section

the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

“branch or agency of a foreign bank” applies in that section

the term “branch or agency of a foreign bank” means a branch or agency described in section 20(9) of this title . For purposes of this section,

“depository institution holding company” applies in that section

the term “depository institution holding company” has the meaning given such term in section 3 of the Federal Deposit Insurance Act.

“any employee welfare benefit plan or employee pension benefit plan” applies in that section

the term “any employee welfare benefit plan or employee pension benefit plan” means any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974.

“agent” applies in that section

the term “agent” means a person authorized to act on behalf of another person or a government and, in the case of an organization or government, includes a servant or employee, and a partner, director, officer, manager, and representative;

“government agency” applies in that section

the term “government agency” means a subdivision of the executive, legislative, judicial, or other branch of government, including a department, independent establishment, commission, administration, authority, board, and bureau, and a corporation or other legal entity established, and subject to control, by a government or governments for the execution of a governmental or intergovernmental program;

“in any one-year period” applies in that section

the term “in any one-year period” means a continuous period that commences no earlier than twelve months before the commission of the offense or that ends no later than twelve months after the commission of the offense. Such period may include time both before and after the commission of the offense.

“local” applies in that section

the term “local” means of or pertaining to a political subdivision within a State;

“State” applies in that section

the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and;

“livestock” applies in that section

The term “livestock” has the meaning set forth in section 2311 of this title .

“health care benefit program” applies in that section

the term “health care benefit program” has the meaning given such term in section 24(b) of this title .

“biological product” applies in that section

the term “biological product” has the meaning given the term in section 351 of the Public Health Service Act;

“medical food” applies in that section

the term “medical food” has the meaning given the term in section 5(b) of the Orphan Drug Act; and;

“medical product” applies in that section

the term “medical product” means a drug, biological product, device, medical food, or infant formula; (3) the terms “device”, “drug”, “infant formula”, and “labeling” have, respectively, the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act;

“pre-retail medical product” applies in that section

the term “pre-retail medical product” means a medical product that has not yet been made available for retail purchase by a consumer;

“supply chain” applies in that section

the term “supply chain” includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.

“flag of the United States” applies in that section

the term “flag of the United States” means any flag of the United States, or any part thereof, made of any substance, of any size, in a form that is commonly displayed. (c) Nothing in this section shall be construed as indicating an intent on the part of Congress to deprive any State, territory, possession, or the Commonwealth of Puerto Rico of jurisdiction over any offense over which it would have jurisdiction in the absence of this section. (d) (1) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by a United States district court ruling upon the constitutionality of subsection (a).

“combat badge” applies in that section

the term “combat badge” means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.

“Congressional Medal of Honor” applies in that section

the term “Congressional Medal of Honor” means— (A) a medal of honor awarded under section 7271, 8291, or 9271 of title 10 or section 491 1 of title 14; (B) a duplicate medal of honor issued under section 7284, 8306, or 9284 of title 10 or section 504 1 of title 14; or (C) a replacement of a medal of honor provided under section 7277, 8303, or 9277 of title 10 or section 501 1 of title 14.

“counterfeit police badge” applies in that section

the term “counterfeit police badge” means an item that so resembles a police badge that it would deceive an ordinary individual into believing it was a genuine police badge; and 2;

“genuine police badge” applies in that section

the term “genuine police badge” means an official badge issued by public authority to identify an individual as a law enforcement officer having police powers;

“official insignia or uniform” applies in that section

the term “official insignia or uniform” means an article of distinctive clothing or insignia, including a badge, emblem or identification card, that is an indicium of the authority of a public employee;

“public employee” applies in that section

the term “public employee” means any officer or employee of the Federal Government or of a State or local government; and;

“uniform” applies in that section

the term “uniform” means distinctive clothing or other items of dress, whether real or counterfeit, worn during the performance of official duties and which identifies the wearer as a public agency employee. (d) It is a defense to a prosecution under this section that the official insignia or uniform is not used or intended to be used to mislead or deceive, or is a counterfeit insignia or uniform and is used or is intended to be used exclusively— (1) for a dramatic presentation, such as a theatrical, film, or television production; or (2) for legitimate law enforcement purposes.

“State” applies in that section

the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection. (3) The provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C.

“State” applies in that section

the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (2) The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection. (3) The provisions of subsections (b), (c) and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C.

“classified information” applies in that section

The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications;

“communication intelligence” applies in that section

The term “communication intelligence” means all procedures and methods used in the interception of communications and the obtaining of information from such communications by other than the intended recipients;

“foreign government” applies in that section

The term “foreign government” includes in its meaning any person or persons acting or purporting to act for or on behalf of any faction, party, department, agency, bureau, or military force of or within a foreign country, or for or on behalf of any government or any person or persons purporting to act as a government within a foreign country, whether or not such government is recognized by the United States;

“State” applies in that section

the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

“unauthorized person” applies in that section

The term “unauthorized person” means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section, by the President, or by the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States. (c) Nothing in this section shall prohibit the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof.

“armed conflict” applies in that section

the term “armed conflict” has the meaning given that term in section 2332f(e)(11) of this title ;

“bodily injury” applies in that section

the term “bodily injury” means— (A) a cut, abrasion, bruise, burn, or disfigurement; (B) physical pain; (C) illness; (D) impairment of a function of a bodily member, organ, or mental faculty; or (E) any other injury to the body, no matter how temporary;

“emergency situation” applies in that section

the term “emergency situation” means a circumstance— (A) that poses a serious threat to the interests of the United States; and (B) in which— (i) enforcement of the law would be seriously impaired if the assistance were not provided; and (ii) civilian law enforcement personnel are not capable of enforcing the law. (3) Assistance under this section may include— (A) use of personnel of the Department of Defense to arrest persons and conduct searches and seizures with respect to violations of this section; and (B) such other activity as is incidental to the enforcement of this section, or to the protection of persons or property from conduct that violates this section.

“international organization” applies in that section

the term “international organization” means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 ) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs;

“military forces of a state” applies in that section

the term “military forces of a state” means the armed forces of a country that are organized, trained and equipped under its internal law for the primary purpose of national defense or security and persons acting in support of those armed forces who are under their formal command, control and responsibility;

“national of the United States” applies in that section

the term “national of the United States” has the same meaning as in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) );

“nuclear byproduct material” applies in that section

the term “nuclear byproduct material” means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator;

“nuclear material” applies in that section

the term “nuclear material” means material containing any— (A) plutonium; (B) uranium not in the form of ore or ore residue that contains the mixture of isotopes as occurring in nature; (C) enriched uranium, defined as uranium that contains the isotope 233 or 235 or both in such amount that the abundance ratio of the sum of those isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; or (D) uranium 233;

“serious bodily injury” applies in that section

the term “serious bodily injury” means bodily injury which involves— (A) a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty;

“state” applies in that section

the term “state” has the same meaning as that term has under international law, and includes all political subdivisions thereof;

“state or government facility” applies in that section

the term “state or government facility” has the meaning given that term in section 2332f(e)(3) of this title ; and;

“United States corporation or other legal entity” applies in that section

the term “United States corporation or other legal entity” means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession, or district of the United States;

“vessel of the United States” applies in that section

the term “vessel of the United States” has the meaning given that term in section 70502 of title 46 .

“State” applies in that section

the term “State” includes the several States, Territories, and possessions of the United States, and the District of Columbia. This section shall be effective from and after July 1, 1954 .

“Indian tribe” applies in that section

The term “Indian tribe” has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a )). 2 \, \ 3

“destructive device” applies in that section

the term “destructive device” has the same meaning as in section 921(a)(4);

“explosive” applies in that section

the term “explosive” has the same meaning as in section 844(j); and;

“weapon of mass destruction” applies in that section

the term “weapon of mass destruction” has the same meaning as in section 2332a(c)(2). (2) Prohibition .— It shall be unlawful for any person— (A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or (B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a …

“explosive” applies in that section

the term “explosive” means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, other explosive or incendiary devices within the meaning of paragraph (5) of section 232 of this title , and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion.

“military device” applies in that section

the term “military device” includes, but is not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.

“immediate family” applies in that section

the term “immediate family” means— (A) with respect to subsection (a)(1) of this section, the spouse of a former President during a former President’s lifetime, the surviving spouse of a former President until the surviving spouse’s death or remarriage, and minor children of a former President until they reach sixteen years of age; and (B) with respect to subsection (a)(2) and (a)(3) of this section, a person to whom the President, President-elect, Vice President, Vice President-elect, or major candidate for the office of President or Vice President— (i) is related by blood, marriage, or adoption; or (ii) stands in loco parentis;

“major candidate for the office of President or Vice President” applies in that section

the term “major candidate for the office of President or Vice President” means a candidate referred to in subsection (a)(7) of section 3056 of this title ; and;

“President-elect” applies in that section

the terms “President-elect” and “Vice President-elect” have the meanings given those terms in section 871(b) of this title .

“Vice President-elect” applies in that section

the terms “President-elect” and “Vice President-elect” have the meanings given those terms in section 871(b) of this title .

“State” applies throughout its chapter

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and territories and possessions of the United States. (9) State law, including conflict of laws rules, governing the enforceability through civil judicial processes of repayment of any extension of credit or the performance of any promise given in consideration thereof shall be judicially noticed. This paragraph does not impair any authority which any court would otherwise have to take judicial notice of any matter of State law.

“ammunition” applies throughout its chapter

The term “ammunition” means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.;

“antique firearm” applies throughout its chapter

The term “antique firearm” means— (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or (B) any replica of any firearm described in subparagraph (A) if such replica— (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black …

“armor piercing ammunition” applies throughout its chapter

The term “armor piercing ammunition” means— (i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or (ii) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.

“Attorney General” applies throughout its chapter

The term “Attorney General” means the Attorney General of the United States 1;

“body armor” applies throughout its chapter

The term “body armor” means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.;

“collector” applies throughout its chapter

The term “collector” means any person who acquires, holds, or disposes of firearms as curios or relics, as the Attorney General shall by regulation define, and

“dating relationship” applies throughout its chapter

The term “dating relationship” means a relationship between individuals who have or have recently had a continuing serious relationship of a romantic or intimate nature. (B) Whether a relationship constitutes a dating relationship under subparagraph (A) shall be determined based on consideration of— (i) the length of the relationship; (ii) the nature of the relationship; and (iii) the frequency and type of interaction between the individuals involved in the relationship. (C) A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship under subparagraph (A).

“dealer” applies throughout its chapter

The term “dealer” means (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker.

“destructive device” applies throughout its chapter

The term “destructive device” means— (A) any explosive, incendiary, or poison gas— (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore …

“engaged in the business” applies throughout its chapter

The term “engaged in the business” means— (A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured; (B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured; (C) as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who …

“firearm” applies throughout its chapter

The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.;

“firearm muffler” applies in that section

The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.;

“firearm silencer” applies in that section

The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.;

“fugitive from justice” applies throughout its chapter

The term “fugitive from justice” means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.;

“handgun” applies in that section

The term “handgun” means— (A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and (B) any combination of parts from which a firearm described in subparagraph (A) can be assembled. [(31) Repealed. Pub. L. 103–322, title XI, § 110105(2) , Sept. 13, 1994 , 108 Stat. 2000 .];

“importer” applies throughout its chapter

The term “importer” means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; and

“indictment” applies throughout its chapter

The term “indictment” includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.;

“interstate or foreign commerce” applies throughout its chapter

The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State.

“intimate partner” applies in that section

The term “intimate partner” means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person. (33) (A) Except as provided in subparagraphs (B) and (C),

“licensed collector” applies throughout its chapter

the term “licensed collector” means any such person licensed under the provisions of this chapter.;

“licensed dealer” applies throughout its chapter

The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter.;

“licensed importer” applies throughout its chapter

the term “licensed importer” means any such person licensed under the provisions of this chapter.;

“licensed manufacturer” applies throughout its chapter

the term “licensed manufacturer” means any such person licensed under the provisions of this chapter.;

“local law enforcement authority” applies throughout its chapter

The term “local law enforcement authority” means a bureau, office, department or other authority of a State or local government or Tribe that has jurisdiction to investigate a violation or potential violation of, or enforce, a State, local, or Tribal law. (37);

“machinegun” applies in that section

The term “machinegun” has the meaning given such term in section 5845(b) of the National Firearms Act ( 26 U.S.C. 5845(b) ).;

“manufacturer” applies throughout its chapter

The term “manufacturer” means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and

“misdemeanor crime of domestic violence” applies in that section

the term “misdemeanor crime of domestic violence” means an offense that— (i) is a misdemeanor under Federal, State, Tribal, or local law; and (ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, by a person similarly situated to a spouse, parent, or guardian of the victim, or by a person who has a current or recent former dating relationship with the victim.

“motor vehicle” applies in that section

The term “motor vehicle” has the meaning given such term in section 13102 of title 49 , United States Code.;

“pawnbroker” applies throughout its chapter

The term “pawnbroker” means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money.;

“published ordinance” applies throughout its chapter

The term “published ordinance” means a published law of any political subdivision of a State which the Attorney General determines to be relevant to the enforcement of this chapter and which is contained on a list compiled by the Attorney General, which list shall be published in the Federal Register, revised annually, and furnished to each licensee under this chapter.

“rifle” applies throughout its chapter

The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.;

“school” applies in that section

The term “school” means a school which provides elementary or secondary education, as determined under State law.;

“school zone” applies in that section

The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.;

“secure gun storage or safety device” applies throughout its chapter

The term “secure gun storage or safety device” means— (A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; (B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or (C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.;

“semiautomatic rifle” applies in that section

The term “semiautomatic rifle” means any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.;

“short-barreled rifle” applies throughout its chapter

The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.;

“short-barreled shotgun” applies throughout its chapter

The term “short-barreled shotgun” means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches.;

“shotgun” applies throughout its chapter

The term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.;

“State” applies throughout its chapter

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone).;

“terrorism” applies in that section

the term “terrorism” means activity, directed against United States persons, which— (A) is committed by an individual who is not a national or permanent resident alien of the United States; (B) involves violent acts or acts dangerous to human life which would be a criminal violation if committed within the jurisdiction of the United States; and (C) is intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by assassination or kidnapping.;

“to predominantly earn a profit” applies throughout its chapter

The term “to predominantly earn a profit” means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided , That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph,

“whoever” applies throughout its chapter

the term “whoever” include any individual, corporation, company, association, firm, partnership, society, or joint stock company.;

“with the principal objective of livelihood and profit” applies in that section

The term “with the principal objective of livelihood and profit” means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection: Provided , That proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. For purposes of this paragraph,

“alien” applies in that section

the term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) ); and;

“chief law enforcement officer” applies in that section

the term “chief law enforcement officer” means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. (9) The Attorney General shall take necessary actions to ensure that the provisions of this subsection are published and disseminated to licensed dealers, law enforcement officials, and the public.

“juvenile” applies in that section

the term “juvenile” means a person who is less than 18 years of age. (6) (A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings. (B) The court may use the contempt power to enforce subparagraph (A). (C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown. (y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.— (1) Definitions .— In this subsection—;

“major component” applies in that section

the term “major component” means, with respect to a firearm, the barrel, the slide or cylinder, or the frame or receiver of the firearm; and;

“nonimmigrant visa” applies in that section

the term “nonimmigrant visa” has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(26) ). (2) Exceptions .— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is— (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States; (B) an official representative of a foreign government who is— (i) accredited to the United States Government or the Government’s mission to an international organization having its headquarters in …

“qualified civil liability action” applies in that section

the term “qualified civil liability action”— (i) means a civil action brought by any person against a person described in subparagraph (A) for damages resulting from the criminal or unlawful misuse of the handgun by a third party, if— (I) the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun to have access to it; and (II) at the time access was gained by the person not so authorized, the handgun had been made inoperable by use of a secure gun storage or safety device; and (ii) shall not include an action brought against the person having lawful possession and control of the handgun for …

“Security Exemplar” applies in that section

the term “Security Exemplar” means an object, to be fabricated at the direction of the Attorney General, that is— (i) constructed of, during the 12-month period beginning on the date of the enactment of this subsection, 3.7 ounces of material type 17–4 PH stainless steel in a shape resembling a handgun; and (ii) suitable for testing and calibrating metal detectors: Provided, however , That at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of firearms previously prohibited under this subparagraph that are as detectable as …

“brandish” applies in that section

the term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.

“conviction” applies in that section

the term “conviction” includes a finding that a person has committed an act of juvenile delinquency involving a violent felony. (f) In the case of a person who knowingly violates section 922(p), such person shall be fined under this title, or imprisoned not more than 5 years, or both. (g) Whoever, with the intent to engage in conduct which— (1) constitutes an offense listed in section 1961(1), (2) is punishable under the Controlled Substances Act ( 21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act ( 21 U.S.C.

“crime of violence” applies in that section

the term “crime of violence” means an offense that is a felony and— (A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (4) For purposes of this subsection,

“drug trafficking crime” applies in that section

the term “drug trafficking crime” means any felony punishable under the Controlled Substances Act ( 21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq.), or chapter 705 of title 46. (3) For purposes of this subsection