18 USC, Part 1, Chapter 44, Section 924. Penalties
(a)(1) Except as otherwise provided in this subsection, subsection (b), (c),
or (f) of this section, or in section 929, whoever -
(A) knowingly makes any false statement or representation with respect to the
information required by this chapter to be kept in the records of a person
licensed under this chapter or in applying for any license or exemption or
relief from disability under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section
922;
(C) knowingly imports or brings into the United States or any possession
thereof any firearm or ammunition in violation of section 922(l); or
(D) willfully violates any other provision of this chapter, shall be fined
under this title, imprisoned not more than five years, or both.
(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or
(o) of section 922 shall be fined as provided in this title, imprisoned not
more than 10 years, or both.
(3) Any licensed dealer, licensed importer, licensed manufacturer, or licensed
collector who knowingly -
(A) makes any false statement or representation with respect to the information
required by the provisions of this chapter to be kept in the records of a
person licensed under this chapter, or
(B) violates subsection (m) of section 922, shall be fined under this title,
imprisoned not more than one year, or both.
(4) Whoever violates section 922(q) shall be fined under this title,
imprisoned for not more than 5 years, or both. Notwithstanding any other
provision of law, the term of imprisonment imposed under this paragraph shall
not run concurrently with any other term of imprisonment imposed under any
other provision of law. Except for the authorization of a term of imprisonment
of not more than 5 years made in this paragraph, for the purpose of any other
law a violation of section 922(q) shall be deemed to be a misdemeanor.
(5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be
fined under this title, imprisoned for not more than 1 year, or both.
(6)(A)(i) A juvenile who violates section 922(x) shall be fined under this
title, imprisoned not more than 1 year, or both, except that a juvenile
described in clause (ii) shall be sentenced to probation on appropriate
conditions and shall not be incarcerated unless the juvenile fails to comply
with a condition of probation.
(ii) A juvenile is described in this clause if -
(I) the offense of which the juvenile is charged is possession of a handgun or
ammunition in violation of section 922(x)(2); and
(II) the juvenile has not been convicted in any court of an offense (including
an offense under section 922(x) or a similar State law, but not including any
other offense consisting of conduct that if engaged in by an adult would not
constitute an offense) or adjudicated as a juvenile delinquent for conduct that
if engaged in by an adult would constitute an offense.
(B) A person other than a juvenile who knowingly violates section 922(x) -
(i) shall be fined under this title, imprisoned not more than 1 year, or both;
and
(ii) if the person sold, delivered, or otherwise transferred a handgun or
ammunition to a juvenile knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or discharge or otherwise use
the handgun or ammunition in the commission of a crime of violence, shall be
fined under this title, imprisoned not more than 10 years, or both.
(7) Whoever knowingly violates section 931 shall be fined under this title,
imprisoned not more than 3 years, or both.
(b) Whoever, with intent to commit therewith an offense punishable by
imprisonment for a term exceeding one year, or with knowledge or reasonable
cause to believe that an offense punishable by imprisonment for a term
exceeding one year is to be committed therewith, ships, transports, or receives
a firearm or any ammunition in interstate or foreign commerce shall be fined
under this title, or imprisoned not more than ten years, or both.
(c)(1)(A) Except to the extent that a greater minimum sentence is otherwise
provided by this subsection or by any other provision of law, any person who,
during and in relation to any crime of violence or drug trafficking crime
(including a crime of violence or drug trafficking crime that provides for an
enhanced punishment if committed by the use of a deadly or dangerous weapon or
device) for which the person may be prosecuted in a court of the United States,
uses or carries a firearm, or who, in furtherance of any such crime, possesses
a firearm, shall, in addition to the punishment provided for such crime of
violence or drug trafficking crime -
(i) be sentenced to a term of imprisonment of not less than 5 years;
(ii) if the firearm is brandished, be sentenced to a term of imprisonment of
not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of
not less than 10 years.
(B) If the firearm possessed by a person convicted of a violation of this
subsection -
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault
weapon, the person shall be sentenced to a term of imprisonment of not less
than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm
silencer or firearm muffler, the person shall be sentenced to a term of
imprisonment of not less than 30 years.
(C) In the case of a second or subsequent conviction under this subsection,
the person shall -
(i) be sentenced to a term of imprisonment of not less than 25 years; and
(ii) if the firearm involved is a machinegun or a destructive device, or is
equipped with a firearm silencer or firearm muffler, be sentenced to
imprisonment for life.
(D) Notwithstanding any other provision of law -
(i) a court shall not place on probation any person convicted of a violation of
this subsection; and
(ii) no term of imprisonment imposed on a person under this subsection shall
run concurrently with any other term of imprisonment imposed on the person,
including any term of imprisonment imposed for the crime of violence or drug
trafficking crime during which the firearm was used, carried, or possessed.
(2) For purposes of this subsection, 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 the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).
(3) For purposes of this subsection 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, 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.
(d)(1) Any firearm or ammunition involved in or used in any knowing violation
of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 922,
or knowing importation or bringing into the United States or any possession
thereof any firearm or ammunition in violation of section 922(l), or knowing
violation of section 924, or willful violation of any other provision of this
chapter or any rule or regulation promulgated thereunder, or any violation of
any other criminal law of the United States, or any firearm or ammunition
intended to be used in any offense referred to in paragraph (3) of this
subsection, where such intent is demonstrated by clear and convincing evidence,
shall be subject to seizure and forfeiture, and all provisions of the Internal
Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of
firearms, as defined in section 5845(a) of that Code, shall, so far as
applicable, extend to seizures and forfeitures under the provisions of this
chapter: Provided, That upon acquittal of the owner or possessor, or dismissal
of the charges against him other than upon motion of the Government prior to
trial, or lapse of or court termination of the restraining order to which he is
subject, the seized or relinquished firearms or ammunition shall be returned
forthwith to the owner or possessor or to a person delegated by the owner or
possessor unless the return of the firearms or ammunition would place the owner
or possessor or his delegate in violation of law. Any action or proceeding for
the forfeiture of firearms or ammunition shall be commenced within one hundred
and twenty days of such seizure.
(2)(A) In any action or proceeding for the return of firearms or ammunition
seized under the provisions of this chapter, the court shall allow the
prevailing party, other than the United States, a reasonable attorney's fee,
and the United States shall be liable therefor.
(B) In any other action or proceeding under the provisions of this chapter,
the court, when it finds that such action was without foundation, or was
initiated vexatiously, frivolously, or in bad faith, shall allow the prevailing
party, other than the United States, a reasonable attorney's fee, and the
United States shall be liable therefor.
(C) Only those firearms or quantities of ammunition particularly named and
individually identified as involved in or used in any violation of the
provisions of this chapter or any rule or regulation issued thereunder, or any
other criminal law of the United States or as intended to be used in any
offense referred to in paragraph (3) of this subsection, where such intent is
demonstrated by clear and convincing evidence, shall be subject to seizure,
forfeiture, and disposition.
(D) The United States shall be liable for attorneys' fees under this paragraph
only to the extent provided in advance by appropriation Acts.
(3) The offenses referred to in paragraphs (1) and (2)(C) of this subsection
are -
(A) any crime of violence, as that term is defined in section 924(c)(3) of this
title;
(B) any offense punishable under the Controlled Substances Act (21 U.S.C. 801
et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.);
(C) any offense described in section 922(a)(1), 922(a)(3), 922(a)(5), or
922(b)(3) of this title, where the firearm or ammunition intended to be used in
any such offense is involved in a pattern of activities which includes a
violation of any offense described in section 922(a)(1), 922(a)(3), 922(a)(5),
or 922(b)(3) of this title;
(D) any offense described in section 922(d) of this title where the firearm or
ammunition is intended to be used in such offense by the transferor of such
firearm or ammunition;
(E) any offense described in section 922(i), 922(j), 922(l), 922(n), or 924(b)
of this title; and
(F) any offense which may be prosecuted in a court of the United States which
involves the exportation of firearms or ammunition.
(e)(1) In the case of a person who violates section 922(g) of this title and
has three previous convictions by any court referred to in section 922(g)(1) of
this title for a violent felony or a serious drug offense, or both, committed
on occasions different from one another, such person shall be fined under this
title and imprisoned not less than fifteen years, and, notwithstanding any
other provision of law, the court shall not suspend the sentence of, or grant a
probationary sentence to, such person with respect to the conviction under
section 922(g).
(2) As used in this subsection -
(A) the term "serious drug offense" means -
(i) an offense 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 the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.) for which a
maximum term of imprisonment of ten years or more is prescribed by law; or
(ii) an offense under State law, involving manufacturing, distributing, or
possessing with intent to manufacture or distribute, a controlled substance (as
defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for
which a maximum term of imprisonment of ten years or more is prescribed by
law;
(B) the term "violent felony" means any crime punishable by imprisonment for a
term exceeding one year, or any act of juvenile delinquency involving the use
or carrying of a firearm, knife, or destructive device that would be punishable
by imprisonment for such term if committed by an adult, that -
(i) has as an element the use, attempted use, or threatened use of physical
force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of explosives, or
otherwise involves conduct that presents a serious potential risk of physical
injury to another; and
(C) 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. 802 et seq.),
the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.),
(3) violates any State law relating to any controlled substance (as defined in
section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))), or
(4) constitutes a crime of violence (as defined in subsection (c)(3)), travels
from any State or foreign country into any other State and acquires, transfers,
or attempts to acquire or transfer, a firearm in such other State in
furtherance of such purpose, shall be imprisoned not more than 10 years, fined
in accordance with this title, or both.
(h) Whoever knowingly transfers a firearm, knowing that such firearm will be
used to commit a crime of violence (as defined in subsection (c)(3)) or drug
trafficking crime (as defined in subsection (c)(2)) shall be imprisoned not
more than 10 years, fined in accordance with this title, or both.
(i)(1) A person who knowingly violates section 922(u) shall be fined under
this title, imprisoned not more than 10 years, or both.
(2) Nothing contained in this subsection shall be construed as indicating an
intent on the part of Congress to occupy the field in which provisions of this
subsection operate to the exclusion of State laws on the same subject matter,
nor shall any provision of this subsection be construed as invalidating any
provision of State law unless such provision is inconsistent with any of the
purposes of this subsection.
(j) A person who, in the course of a violation of subsection (c), causes the
death of a person through the use of a firearm, shall -
(1) if the killing is a murder (as defined in section 1111), be punished by
death or by imprisonment for any term of years or for life; and
(2) if the killing is manslaughter (as defined in section 1112), be punished as
provided in that section.
(k) A person who, with intent to engage in or to promote conduct that -
(1) 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. 951 et seq.), or the
Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.);
(2) violates any law of a State relating to any controlled substance (as
defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or
(3) constitutes a crime of violence (as defined in subsection (c)(3)), smuggles
or knowingly brings into the United States a firearm, or attempts to do so,
shall be imprisoned not more than 10 years, fined under this title, or
both.
(l) A person who steals any firearm which is moving as, or is a part of, or
which has moved in, interstate or foreign commerce shall be imprisoned for not
more than 10 years, fined under this title, or both.
(m) A person who steals any firearm from a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector shall be fined under this
title, imprisoned not more than 10 years, or both.
(n) A person who, with the intent to engage in conduct that constitutes a
violation of section 922(a)(1)(A), travels from any State or foreign country
into any other State and acquires, or attempts to acquire, a firearm in such
other State in furtherance of such purpose shall be imprisoned for not more
than 10 years.
(o) A person who conspires to commit an offense under subsection (c) shall be
imprisoned for not more than 20 years, fined under this title, or both; and if
the firearm is a machinegun or destructive device, or is equipped with a
firearm silencer or muffler, shall be imprisoned for any term of years or
life.
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