18 U.S.C. § 926B
18 U.S.C. § 926B
EDITORIAL NOTES
REFERENCES IN TEXTThe National Firearms Act, referred to in subsec. (e), is classified generally to chapter 53 (§5801 et seq.) of Title 26, Internal Revenue Code. See section 5849 of Title 26. Section 5845 of the Act is classified to section 5845 of Title 26.
AMENDMENTS2013-Subsec. (c)(1). Pub. L. 112-239, §1089(1)(A), inserted "or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice)" after "arrest".Subsec. (d). Pub. L. 112-239, §1089(1)(B), substituted "that identifies the employee as a police officer or law enforcement officer of the agency" for "as a law enforcement officer".Subsec. (f). Pub. L. 112-239, §1089(1)(C), inserted "or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice)" after "arrest". 2010-Subsec. (c)(3). Pub. L. 111-272, §2(a)(1), inserted "which could result in suspension or loss of police powers" after "agency".Subsec. (e). Pub. L. 111-272, §2(b), added subsec. (e) and struck out former subsec. (e) which read as follows: "As used in this section, the term 'firearm' does not include-"(1) any machinegun (as defined in section 5845 of the National Firearms Act); "(2) any firearm silencer (as defined in section 921 of this title); and"(3) any destructive device (as defined in section 921 of this title)." Subsec. (f). Pub. L. 111-272, §2(a)(2), added subsec. (f).
STATUTORY NOTES AND RELATED SUBSIDIARIES
FEDERAL LAW ENFORCEMENT SELF-DEFENSE AND PROTECTION Pub. L. 114-180, 130 Stat. 445, provided that:
"SECTION 1. SHORT TITLE."This Act may be cited as the 'Federal Law Enforcement Self-Defense and Protection Act of 2015'.
"SEC. 2. FINDINGS."Congress finds the following:"(1) Too often, Federal law enforcement officers encounter potentially violent criminals, placing officers in danger of grave physical harm."(2) In 2012 alone, 1,857 Federal law enforcement officers were assaulted, with 206 sustaining serious injuries."(3) From 2008 through 2011, an additional 8,587 Federal law enforcement officers were assaulted."(4) Federal law enforcement officers remain a target even when they are off-duty. Over the past 3 years, 27 law enforcement officers have been killed off-duty. "(5) It is essential that law enforcement officers are able to defend themselves, so they can carry out their critical missions and ensure their own personal safety and the safety of their families whether on-duty or off-duty."(6) These dangers to law enforcement officers continue to exist during a covered furlough.
"SEC. 3. DEFINITIONS."In this Act- "(1) the term 'agency' means each authority of the executive, legislative, or judicial branch of the Government of the United States;"(2) the term 'covered Federal law enforcement officer' means any individual who- "(A) is an employee of an agency;"(B) has the authority to make arrests or apprehensions for, or prosecute, violations of Federal law; and "(C) on the day before the date on which the applicable covered furlough begins, is authorized by the agency employing the individual to carry a firearm in the course of official duties; "(3) the term 'covered furlough' means a planned event by an agency during which employees are involuntarily furloughed due to downsizing, reduced funding, lack of work, or any budget situation including a lapse in appropriations; and "(4) the term 'firearm' has the meaning given that term in section 921 of title 18, United States Code.
"SEC. 4. PROTECTING FEDERAL LAW ENFORCEMENT OFFICERS WHO ARE SUBJECTED TO A COVERED FURLOUGH."During a covered furlough, a covered Federal law enforcement officer shall have the same rights to carry a firearm issued by the Federal Government as if the covered furlough was not in effect, including, if authorized on the day before the date on which the covered furlough begins, the right to carry a concealed firearm, if the sole reason the covered Federal law enforcement officer was placed on leave was due to the covered furlough."
- ammunition
- The term "ammunition" means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.
- destructive device
- 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 of more than one-half inch in diameter; and(C) any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled.The term "destructive device" shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 7684(2), 7685, or 7686 of title 10; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes.
- firearm
- 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.
- interstate or foreign commerce
- 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. 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).
- person
- The term "person" and the term "whoever" include any individual, corporation, company, association, firm, partnership, society, or joint stock company.
- firearm silencer
- 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.