Pub. L. 100–649, § 2(f)(2)(B), (D),
The Controlled Substances Act, referred to in subsecs. (c)(2), (d)(3)(B), (e)(2)(A)(i), and (g)(2), is title II of Pub. L. 91–513,
The Controlled Substances Import and Export Act, referred to in subsecs. (c)(2), (d)(3)(B), (e)(2)(A)(i), (g)(2), and (k)(1)(A), (2)(A), is title III of Pub. L. 91–513,
The Internal Revenue Code of 1986, referred to in subsec. (d)(1), is set out as Title 26, Internal Revenue Code.
Section 5845(a) of that Code, referred to in subsec. (d)(1), is classified to section 5845(a) of Title 26.
The Arms Export Control Act, referred to in subsec. (h), is Pub. L. 90–629,
The Export Control Reform Act of 2018, referred to in subsec. (h), is subtitle B (§§ 1741–1781) of title XVII of div. A of Pub. L. 115–232,
The International Emergency Economic Powers Act, referred to in subsec. (h), is title II of Pub. L. 95–223,
The Foreign Narcotics Kingpin Designation Act, referred to in subsec. (h), is title VIII of Pub. L. 106–120,
For information regarding the constitutionality of certain provisions of this section, as added by section 1402(b) of Pub. L. 99–570, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
2022—Subsec. (a)(2). Pub. L. 117–159, § 12004(c)(1), struck out “(d), (g),” after “subsection (a)(6),”.
Subsec. (a)(8). Pub. L. 117–159, § 12004(c)(2), added par. (8).
Subsec. (d)(1). Pub. L. 117–159, § 12004(d)(1), inserted “932, or 933,” after “section 924,”.
Subsec. (d)(3)(G). Pub. L. 117–159, § 12004(d)(2), added subpar. (G).
Subsec. (h). Pub. L. 117–159, § 12004(e), added subsec. (h) and struck out former subsec. (h) which read as follows: “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.”
Subsec. (k). Pub. L. 117–159, § 12004(f), added subsec. (k) and struck out former subsec. (k) which read as follows: “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 chapter 705 of title 46;
“(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.”
2018—Subsec. (c)(1)(C). Pub. L. 115–391 substituted “violation of this subsection that occurs after a prior conviction under this subsection has become final” for “second or subsequent conviction under this subsection” in introductory provisions.
2006—Subsecs. (c)(2), (e)(2)(A)(i). Pub. L. 109–304, § 17(d)(3)(A), substituted “chapter 705 of title 46” for “the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)”.
Subsec. (g)(2). Pub. L. 109–304, § 17(d)(3), substituted “801 et seq.” for “802 et seq.” and “chapter 705 of title 46” for “the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)”.
Subsec. (k)(1). Pub. L. 109–304, § 17(d)(3)(A), substituted “chapter 705 of title 46” for “the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)”.
2005—Subsec. (a)(1). Pub. L. 109–92, § 5(c)(2)(A), substituted “(f), or (p)” for “or (f)” in introductory provisions.
Subsec. (c)(5). Pub. L. 109–92, § 6(b), added par. (5).
Subsec. (p). Pub. L. 109–92, § 5(c)(2)(B), added subsec. (p).
2002—Subsec. (a)(7). Pub. L. 107–273, § 11009(e)(3), added par. (7).
Subsec. (e)(1). Pub. L. 107–273, § 4002(d)(1)(E), substituted “under this title” for “not more than $25,000”.
1998—Subsec. (c)(1). Pub. L. 105–386, § 1(a)(1), added par. (1) and struck out former par. (1) which read as follows: “Whoever, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for five years, and if the firearm is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, to imprisonment for ten years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to imprisonment for thirty years. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for twenty years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to life imprisonment without release. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used or carried.”
Subsec. (c)(4). Pub. L. 105–386, § 1(a)(2), added par. (4).
1996—Subsec. (a)(1)(B). Pub. L. 104–294, § 603(n), repealed Pub. L. 103–322, § 330002(h). See 1994 Amendment note below.
Pub. L. 104–294, § 603(m)(1)(A), amended directory language of Pub. L. 103–322, § 110507. See 1994 Amendment note below.
Subsec. (a)(2). Pub. L. 104–294, § 603(m)(1)(B), amended directory language of Pub. L. 103–322, § 110507(2). See 1994 Amendment note below.
Subsec. (a)(5), (6). Pub. L. 104–294, § 603(o), redesignated par. (5), relating to punishment for juveniles, as (6).
Subsec. (c)(1). Pub. L. 104–294, § 603(p)(1), amended directory language of Pub. L. 103–322, § 110102(c)(2). See 1994 Amendment note below.
Subsec. (i). Pub. L. 104–294, § 603(r), redesignated subsec. (i), relating to death penalty for gun murders, as (j).
Subsec. (j). Pub. L. 104–294, § 603(r), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).
Subsec. (j)(3). Pub. L. 104–294, § 603(q), inserted closing parenthesis before comma at end.
Subsec. (k). Pub. L. 104–294, § 603(r), redesignated subsec. (j) as (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 104–294, § 603(s), amended directory language of Pub. L. 103–322, § 110504. See 1994 Amendment note below.
Pub. L. 104–294, § 603(r), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m).
Subsecs. (m) to (o). Pub. L. 104–294, § 603(r), redesignated subsecs. (l) to (n) as (m) to (o), respectively.
1994—Subsec. (a)(1). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in concluding provisions.
Pub. L. 103–322, § 330011(i), amended directory language of Pub. L. 101–647, § 3528. See 1990 Amendment note below.
Pub. L. 103–322, § 110201(b)(1), which directed the striking of “paragraph (2) or (3) of” in subsec. (a)(1), could not be executed because of prior amendment by Pub. L. 103–159. See 1993 Amendment note below.
Subsec. (a)(1)(B). Pub. L. 103–322, § 330002(h), which directed amendment of subpar. (B) by substituting “(r)” for “(q)”, was repealed by Pub. L. 104–294, § 603(n), which provided that § 330002(h) shall be considered never to have been enacted.
Pub. L. 103–322, § 110507(1), as amended by Pub. L. 104–294, § 603(m)(1)(A), struck out “(a)(6),” after “(a)(4),”.
Pub. L. 103–322, § 110103(c), which substituted “(v), or (w)” for “or (v)”, was repealed by Pub. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.
Pub. L. 103–322, § 110102(c)(1), which substituted “(r), or (v) of section 922” for “or (q) of section 922”, was repealed by Pub. L. 103–322, § 110105(2). See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (a)(2). Pub. L. 103–322, § 110507(2), as amended by Pub. L. 104–294, § 603(m)(1)(B), inserted “(a)(6),” after “subsection”.
Subsec. (a)(3). Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000”.
Subsec. (a)(4). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”.
Subsec. (a)(5). Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” in par. (5) relating to knowing violations of subsec. (s) or (t) of section 922.
Pub. L. 103–322, § 110201(b)(2), added par. (5) relating to punishment for juveniles.
Subsec. (b). Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000”.
Subsec. (c)(1). Pub. L. 103–322, § 330011(j), amended directory language of Pub. L. 101–647, § 3527. See 1990 Amendment note below.
Pub. L. 103–322, § 110510(b), which directed the amendment of subsec. (c)(1) by striking “No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed under this subsection.”, was executed by striking the last sentence, which read “No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed herein.”, to reflect the probable intent of Congress.
Pub. L. 103–322, §§ 110102(c)(2), 110105(2), as amended by Pub. L. 104–294, § 603(p)(1), temporarily amended subsec. (c)(1) by inserting “, or semiautomatic assault weapon,” after “short-barreled shotgun”. See Effective and Termination Dates of 1994 Amendment note below.
Subsec. (d)(1). Pub. L. 103–322, § 110401(e), substituted “or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished firearms” for “the seized firearms”.
Subsec. (e)(1). Pub. L. 103–322, § 110510(a), struck out before period at end “, and such person shall not be eligible for parole with respect to the sentence imposed under this subsection”.
Subsec. (e)(2)(A)(i). Pub. L. 103–322, § 330003(f)(2), substituted “the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)” for “the first section or section 3 of Public Law 96–350 (21 U.S.C. 955a et seq.)”.
Subsec. (i). Pub. L. 103–322, § 60013, added subsec. (i) relating to death penalty for gun murders.
Subsec. (i)(1). Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” in par. (1) of subsec. (i) relating to knowing violations of section 922(u).
Subsec. (j). Pub. L. 103–322, § 110503, added subsec. (j).
Subsec. (k). Pub. L. 103–322, § 110504(a), as amended by Pub. L. 104–294, § 603(s), added subsec. (k).
Subsec. (l). Pub. L. 103–322, § 110515(a), added subsec. (l).
Subsec. (m). Pub. L. 103–322, § 110517, added subsec. (m).
Subsec. (n). Pub. L. 103–322, § 110518(a), added subsec. (n).
1993—Subsec. (a)(1). Pub. L. 103–159, § 102(c)(1), struck out “paragraph (2) or (3) of” before “this subsection” in introductory provisions.
Subsec. (a)(5). Pub. L. 103–159, § 102(c)(2), added par. (5).
Subsec. (i). Pub. L. 103–159, § 302(d), added subsec. (i).
1990—Subsec. (a)(1). Pub. L. 101–647, § 3528, as amended by Pub. L. 103–322, § 330011(i), substituted “(3) of this subsection” for “3 of this subsection” in introductory provisions.
Pub. L. 101–647, § 2203(d), struck out “, and shall become eligible for parole as the Parole Commission shall determine” before period at end.
Subsec. (a)(1)(B). Pub. L. 101–647, § 2204(c), substituted “(k), or (q)” for “or (k)”.
Subsec. (a)(2). Pub. L. 101–647, § 3529(1), substituted “subsection” for “subsections” and inserted a comma after “10 years”.
Subsec. (a)(3). Pub. L. 101–647, § 2203(d), struck out “, and shall become eligible for parole as the Parole Commission shall determine” before period at end.
Subsec. (a)(4). Pub. L. 101–647, § 1702(b)(3), added par. (4).
Subsec. (c)(1). Pub. L. 101–647, § 3527, as amended by Pub. L. 103–322, § 330011(j), struck out “imprisonment for” before “life imprisonment without release”.
Pub. L. 101–647, § 1101(2), which directed amendment of first sentence by “inserting ‘or a destructive device,’ after ‘a machinegun,’ wherever the term ‘machine gun’ appears, in section 924(c)(1)”, was executed by inserting the new language after “a machinegun,” once in the first sentence and once in the second sentence to reflect the probable intent of Congress.
Pub. L. 101–647, § 1101(1), inserted “and if the firearm is a short-barreled rifle, short-barreled shotgun to imprisonment for ten years,” after “sentenced to imprisonment for five years,”.
Subsec. (e)(2). Pub. L. 101–647, § 3529(2), (3), struck out “and” at end of subpar. (A)(ii) and substituted “; and” for period at end of subpar. (B)(ii).
Subsecs. (f) to (h). Pub. L. 101–647, § 3526(a), redesignated subsec. (f) relating to punishment for traveling from any State or foreign country into another State to obtain firearms for drug trafficking purposes as subsec. (g) and redesignated former subsec. (g) as (h).
1988—Subsec. (a). Pub. L. 100–690, § 6462, in par. (1), inserted “or 3” and substituted “, (c), or (f)” for “or (c)” in introductory provisions and struck out “(g), (i), (j),” after “(f),” in subpar. (B), added par. (2), and redesignated former par. (2) as (3).
Subsec. (c)(1). Pub. L. 100–690, § 7060(a), substituted “crime (including a crime of violence or drug trafficking crime which” for “crime,, including a crime of violence or drug trafficking crime, which”, “device) for” for “device, for”, “crime, be sentenced” for “crime,, be sentenced”, and “crime in which” for “crime, or drug trafficking crime in which”.
Pub. L. 100–690, § 6460(1), (2)(A), substituted “thirty years. In” for “ten years. In” and “twenty years, and if” for “ten years, and if”.
Pub. L. 100–690, § 6460(2)(B), which directed amendment of subsec. (c)(1) by striking “20 years” and inserting “life imprisonment without release” was executed by substituting “life imprisonment without release” for “twenty years” to reflect the probable intent of Congress because “20 years” did not appear.
Subsec. (c)(2). Pub. L. 100–690, § 6212, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this subsection, the term ‘drug trafficking crime’ means any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”
Subsec. (e)(1). Pub. L. 100–690, § 7056, inserted “committed on occasions different from one another,” after “or both,”.
Subsec. (e)(2)(B). Pub. L. 100–690, § 6451(1), inserted “, 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,” after “one year”.
Subsec. (e)(2)(C). Pub. L. 100–690, § 6451(2), added subpar. (C).
Subsec. (f). Pub. L. 100–690, § 6211, added subsec. (f) relating to punishment for traveling from any State or foreign country into another State to obtain firearms for drug trafficking purposes.
Pub. L. 100–649, § 2(b)(2), added subsec. (f) relating to penalty for violating section 922(p).
Subsec. (g). Pub. L. 100–690, § 6211, added subsec. (g).
1986—Subsec. (a). Pub. L. 99–308, § 104(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Whoever violates any provision of this chapter or knowingly 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 in applying for any license or exemption or relief from disability under the provisions of this chapter, shall be fined not more than $5,000, or imprisoned not more than five years, or both, and shall become eligible for parole as the Board of Parole shall determine.”
Subsec. (c)(1). Pub. L. 99–308, § 104(a)(2)(C)–(E), designated existing provision as par. (1), and substituted “violence or drug trafficking crime,” for “violence” in four places and inserted “, and if the firearm is a machinegun, or is equipped with a firearm silencer or firearm muffler, to imprisonment for ten years” after “five years”, “, and if the firearm is a machinegun, or is equipped with a firearm silencer or firearm muffler, to imprisonment for twenty years” after “ten years”, and “or drug trafficking crime” before “in which the firearm was used or carried”.
Subsec. (c)(2), (3). Pub. L. 99–308, § 104(a)(2)(F), added pars. (2) and (3).
Subsec. (d). Pub. L. 99–308, § 104(a)(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Any firearm or ammunition involved in or used or intended to be used in, any violation of the provisions of this chapter or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, shall be subject to seizure and forfeiture and all provisions of the Internal Revenue Code of 1954 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.”
Subsec. (d)(1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Subsec. (e). Pub. L. 99–308, § 104(a)(4), added subsec. (e).
Subsec. (e)(1). Pub. L. 99–570, § 1402(a), substituted “for a violent felony or a serious drug offense, or both” for “for robbery or burglary, or both”.
Subsec. (e)(2). Pub. L. 99–570, § 1402(b), amended par. (2) generally, substituting provisions defining terms “serious drug offense” and “violent felony” for provisions defining “robbery” and “burglary”.
1984—Subsec. (a). Pub. L. 98–473, § 223(a), which directed amendment of subsec. (a) by striking out “, and shall become eligible for parole as the Board of Parole shall determine” effective
Subsec. (c). Pub. L. 98–473, § 1005(a), amended subsec. (c) generally, substituting provisions setting forth mandatory, determinate sentence for persons who use or carry firearms during and in relation to any Federal crime of violence for provisions setting out a minimum sentencing scheme for the use or carrying, unlawfully, of a firearm during a Federal felony.
1971—Subsec. (c). Pub. L. 91–644, in first sentence, substituted “felony for which he” for “felony which” in items (1) and (2) and inserted “, in addition to the punishment provided for the commission of such felony,” before “be sentenced”, and in second sentence substituted “for not less than two nor more than twenty-five years” for “for not less than five years nor more than 25 years”, inserted “in the case of a second or subsequent conviction” after “suspend the sentence”, and prohibited term of imprisonment imposed under this subsec. to run concurrently with any term for commission of the felony.
1968—Subsec. (a). Pub. L. 90–618 inserted provision authorizing the Board of Parole to grant parole to a person convicted under this chapter.
Subsec. (b). Pub. L. 90–618 inserted “or any ammunition” after “a firearm”.
Subsecs. (c), (d). Pub. L. 90–618 added subsec. (c), redesignated former subsec. (c) as (d), and as so redesignated, substituted “section 5845(a) of that Code” for “section 5848(1) of said Code”.
Pub. L. 115–391, title IV, § 403(b),
Amendment by section 5(c)(2) of Pub. L. 109–92 effective 180 days after
Pub. L. 104–294, title VI, § 603(m)(2),
Pub. L. 104–294, title VI, § 603(p)(2),
Amendment by sections 110102(c) and 110103(c) of Pub. L. 103–322 repealed 10 years after
Pub. L. 103–322, title XXXIII, § 330011(i),
Pub. L. 103–322, title XXXIII, § 330011(j),
Amendment by section 1702(b)(3) of Pub. L. 101–647 applicable to conduct engaged in after end of 60-day period beginning on
Pub. L. 101–647, title XXII, § 2203(d),
Amendment by section 2(b) of Pub. L. 100–649 effective 30th day beginning after
Amendment by Pub. L. 99–308 effective 180 days after
Amendment by section 223(a) of Pub. L. 98–473 effective
Amendment by Pub. L. 90–618 effective
Section effective 180 days after
Nothing in amendment made by Pub. L. 117–159 to be construed to allow the establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions, see section 12004(k) of Pub. L. 117–159, set out as a note under section 922 of this title.