18 U.S.C. § 926C
18 U.S.C. § 926C
EDITORIAL NOTES
REFERENCES IN TEXTThe National Firearms Act, referred to in subsec. (e)(1)(B), (C)(i), is classified generally to chapter 53 (§5801 et seq.) of Title 26, Internal Revenue Code. See section 5849 of Title 26. Section 5845 of such Act is classified to section 5845 of Title 26.
AMENDMENTS2013-Subsec. (c)(2). Pub. L. 112-239, §1089(2)(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)(1). Pub. L. 112-239, §1089(2)(B)(i), substituted "that identifies the person as having been employed as a police officer or law enforcement officer and indicates" for "that indicates".Subsec. (d)(2)(A). Pub. L. 112-239, §1089(2)(B)(ii), inserted "that identifies the person as having been employed as a police officer or law enforcement officer" after "officer". 2010-Subsec. (c)(1). Pub. L. 111-272, §2(c)(1)(A), substituted "separated from service" for "retired" and struck out ", other than for reasons of mental instability" after "officer".Subsec. (c)(2). Pub. L. 111-272, §2(c)(1)(B), substituted "separation" for "retirement".Subsec. (c)(3)(A). Pub. L. 111-272, §2(c)(1)(C)(i), substituted "separation, served as a law enforcement officer for an aggregate of 10 years or more" for "retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more". Subsec. (c)(3)(B). Pub. L. 111-272, §2(c)(1)(C)(ii), substituted "separated" for "retired".Subsec. (c)(4). Pub. L. 111-272, §2(c)(1)(D), added par. (4) and struck out former par. (4) which read as follows: "has a nonforfeitable right to benefits under the retirement plan of the agency;".Subsec. (c)(5). Pub. L. 111-272, §2(c)(1)(E), added par. (5) and struck out former par. (5) which read as follows: "during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;".Subsec. (d)(1). Pub. L. 111-272, §2(c)(2)(A), substituted "separated" for "retired" and "to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm" for "to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm".Subsec. (d)(2)(A). Pub. L. 111-272, §2(c)(2)(B)(i), substituted "separated" for "retired". Subsec. (d)(2)(B). Pub. L. 111-272, §2(c)(2)(B)(ii), substituted "or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met-" for "that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm." and added cls. (I) and (II).Subsec. (e). Pub. L. 111-272, §2(c)(3), 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) a destructive device (as defined in section 921 of this title)."
- 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.