You can follow the growth in federal gun law
by reading these update files in chronological order.
Get the current 6th Edition today!
for an unabridged copy of every current federal gun law.
Check this page for changes that may occur in the future.
• • •
Changes after Edition 6
(2009 to date)
Protection of Military Firearms, Ammo and Components;
BATFE long-gun registration in border states; Medical marijuana;
National Forests; Healthcare;
LEOSA changes;
National Parks Ban Lifted; Military gun rights; Military surplus ammo;
Spring assisted knives; Quarterly excise taxes
Changes in Edition 6 (2005 - 2009 compiled) Custom Gunsmiths; Protection of Lawful Commerce in Firearms;
Child Safety Lock Act; Disaster Recovery Personal Protection Act
(the Katrina law); NICS Improvement Act; Tiahrt Amendment;
National Parks Rights Restoration; more.
Gun Laws of America, Edition 6 All update sections from prior editions have been
integrated into the main text — a complete overhaul,
with 40 more statutes and four new USC Titles included.
All the latest laws are summarized in one convenient section. CLICK HERE
Major updates after Edition 4
that are included in Edition 5
(Release date July 2005) CLICK HERE
All updates printed in Edition 4
(Copyright 2003, current thru Dec. 9, 2003) CLICK HERE
All updates printed thru Edition 3
(Copyright 1999, current thru Oct. 26, 2001) LISTED BELOW
• • •
All updates included in Edition 3
(Use the links above for more recent updates)
Copyright 1999 Alan Korwin
All rights reserved
Non-commercial distribution approved.
CONTENTS
From the Omnibus Consolidated & Emergency Supplemental Appropriations
Act, 1999; Enacted Oct. 21, 1998; Public Law 105-277. 4,817 of 423,466
total words. (Titles below describe the contents; official titles,
if any, appear in the text. NOTE: None of the statutory material
is included in this update. Only the plain English "gists" are included.
Statutory language is available at thomas.loc.gov, or in Gun Laws
of America. Some parts of this bill have no direct citation numbers.
The only sequential numbers for the whole act appear to be House
Congressional Record page numbers for Oct. 19, 1998, (e.g., "H11058"),
provided. See other important explanatory notes at the end of this
file.)
From: Public Law 105-277
"Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999"
Enacted October 21, 1998
Note: Certain acts of Congress have the weight of law but are not numbered statutes, making them harder to locate and removing them from the regular citation system. Policy statements, actions dealing with gun-related funding, new hires, additional equipment, rules for training and supplies, and other items, are often not numbered. We identify such material here by its page number in the House Congressional Record for Oct. 19, 1998, the date the conference committee set the final language for this bill (two days before it became law). For more see "Statutes at Large" in the main text.
H11058 Salaries And Expenses, United States Attorneys
THE GIST: Provides gun-crime enforcement funding for two localities.
Gives $1 billion to the U.S. Attorney's office, with $2.3 million of
it for new gun-law enforcement personnel in Philadelphia and in Camden County. This program is known as Project Exile.
[See Gun Laws of America for the language passed by Congress]
H11060 Violent Crime Reduction Programs, State
and Local Law Enforcement Assistance
THE GIST: Provides $2.4 billion funding for anti-crime programs, including $45 million to upgrade state criminal records systems, as
part of the Brady NICS background check system, and to help states connect
to the federal system.
[See Gun Laws of America for the language passed by Congress]
H11062 SEC. 119. Firearms Safety.
THE GIST: Introduces the term, "secure gun storage or safety device," which is a device that prevents a gun from operating. As a condition
of getting and keeping a federal firearms license, licensees must have
such devices available for sale. Exceptions are made if the devices are temporarily unavailable because they were stolen, sold out, backordered or for similar reasons beyond the dealer's control. Limited liability protections related to the devices are granted.
[See Gun Laws of America for the language passed by Congress]
H11063 SEC. 120. Firearm Safety Education Grants.
THE GIST: Congress and the President agreed to provide federal funds, through the Byrne Discretionary Grant program, to private gun-safety trainers for educating the general public. Covers education and training programs for "the lawful and safe ownership, storage, carriage, or use of firearms," including the use of secure gun storage or safety devices. Such funds are prohibited for advocating gun control.
[See Gun Laws of America for the language passed by Congress]
H11063 SEC. 121.
(Right to Keep and Bear Arms for Only Specified Foreigners)
THE GIST: Restricts who may keep and bear arms by adding foreigners ("aliens with non-immigrant visas"), who are here legally, to the prohibited possessor list. Exceptions are provided for foreigners admitted to the U.S. for specified reasons: 1--for lawful sport (a gray area, not defined by INS), 2--for lawful hunting, 3--while in possession of a hunting license or permit issued in the U.S., 4--for international proper authorities, 5--for distinguished visitors as determined by the State Dept., and 6--for international law enforcement officers on duty.
In addition, the Attorney General can grant waivers to individuals.
[See Gun Laws of America for the language passed by Congress]
H11075 SEC. 621.
(Prohibiting NICS Gun Tax and Requiring Record Destruction)
THE GIST: The Smith Amendment. This is the language added at the last minute to the Omnibus Bill, to prevent the FBI from taxing the sale
of firearms, using the NICS background check system for the purpose. It also prohibits funding the operation of NICS if it doesn't destroy the information it collects about private gun owners. The section is inserted awkwardly in the original bill in the middle of an unrelated section on Korean steel imports.
[See Gun Laws of America for the language passed by Congress]
H11175 Bureau of Alcohol, Tobacco and Firearms
SALARIES AND EXPENSES
THE GIST: Funding for ATF. Includes 812 new vehicles, funding for
the Youth Crime Gun Interdiction Initiative, funds to pay for citizens' attorney's fees in the event they win a suit over wrongly confiscated guns, federal payments to local police for cooperating in ATF operations, a prohibition on taking duties away from ATF, funds for
the National Tracing Center, a prohibition against consolidating or centralizing FFL records in the Treasury Dept., a prohibition against changing the definitions or lists of curio and relic firearms, a prohibition against funding any appeals for relief from federal firearms disability for citizens, permission to spend funds for appeals for relief from federal firearms disabilities for corporations, requirements on police ballistics equipment provided by federal authorities, and
a prohibition on electronic retrieval systems for out-of-business FFL records.
[See Gun Laws of America for the language passed by Congress]
H11177 SEC. 115.
(Shotgun, Rifle and Antique Redefined)
THE GIST: Shotguns and rifles are redefined to include all muzzleloaders, by dropping the concept of fixed cartridges in the definition. Antiques are redefined to include specified types of muzzleloaders.
[See Gun Laws of America for the language passed by Congress]
H11187 SEC. 646.
(In-Transit Relief for Firearms Importers)
THE GIST: When the President directed the Treasury Dept. to outlaw
the importation of certain types of firearms and accessories, on April 6, 1998, a number of U.S. firms were caught with legal products they ordered and paid for, but were now impounded by Customs. To compensate them for the "taking" of their property, Congress approved payment to the firms, and took title to the goods.
[See Gun Laws of America for the language passed by Congress]
H11187 SEC. 649. Extension Of Sunset
Provision.
(Undetectable Firearms Act)
THE GIST: The Undetectable Firearms Act is set to expire five years later, on Dec. 10, 2003.
[See Gun Laws of America for the language passed by Congress]
H11187 SEC. 655.
(Pawn Broker NICS Glitch Fix)
THE GIST: NICS created an awkward situation in the case of pawn brokers who are FFLs. When a broker takes a gun as collateral, a NICS check must be completed before returning the gun to its original owner (or anyone else). If an owner fails the NICS check, the broker is in the untenable position of either confiscating private property, or illegally returning the gun to its owner. This section allows pawn brokers to make a NICS check when taking the collateral, which the law otherwise prohibits, but leaves unresolved what the broker should do after taking possession and doing the paperwork to make the check. NICS is not required to notify local authorities, but pawn brokers must tell local law enforcement if a customer is denied by NICS, within 48 hours. A NICS check when the collateral is redeemed is also required.
[See Gun Laws of America for the language passed by Congress]
H11250 SEC. 1101. Short Title.
(Replacement of Arms Control and Disarmament Agency by State Dept.)
THE GIST: The statutes that follow eliminate the United States Arms Control and Disarmament Agency, and place most of its functions and responsibilities with the State Dept., as part of a general reorganization of certain foreign services. The State Dept. assumes
the remnants of Cold War policy generally referred to as nuclear disarmament and non-proliferation.
[See Gun Laws of America for the language passed by Congress]
H11250 SEC. 1102. Purposes.
(Replacement of Arms Control and Disarmament Agency by State Dept.)
THE GIST: The reasons for replacing The United States Arms Control
and Disarmament Agency with the State Dept. are spelled out. They are generally described as administrative and economic in nature, and to preserve the mission and skills of the agency, along with several others.
[See Gun Laws of America for the language passed by Congress]
H11250 SEC. 1201. Effective Date.
(Replacement of Arms Control and Disarmament Agency by State Dept.)
THE GIST: The United States Arms Control and Disarmament Agency is abolished on April 1, 1999.
[See Gun Laws of America for the language passed by Congress]
H11250 SEC. 1211.
Abolition of United States Arms Control and Disarmament Agency.
THE GIST: The United States Arms Control and Disarmament Agency is abolished.
[See Gun Laws of America for the language passed by Congress]
H11250 SEC. 1212. Transfer of Functions to Secretary
of State.
THE GIST: As of March 31, 1999, the State Dept. assumes all functions of The United States Arms Control and Disarmament Agency.
[See Gun Laws of America for the language passed by Congress]
H11251 SEC. 1213.
Under Secretary For Arms Control And International Security.
THE GIST: A new State Dept. office is created to oversee the responsibilities of the former United States Arms Control and Disarmament Agency.
[See Gun Laws of America for the language passed by Congress]
H11251 SEC. 1221. References.
THE GIST: All references formerly made to The United States Arms Control and Disarmament Agency are deemed to refer to the State Dept.
[See Gun Laws of America for the language passed by Congress]
H11251 SEC. 1222. Repeals.
THE GIST: Repeals the establishment of The United States Arms Control and Disarmament Agency, its Director and Deputy Director, and directions on settling interagency differences. (Leaves standing many of the original agency provisions.)
[See Gun Laws of America for the language passed by Congress]
H11251 SEC. 1223.
Amendments To The Arms Control And Disarmament Act.
THE GIST: Technical amendments to the statutes transferring authority from The United States Arms Control and Disarmament Agency to the State Dept.
[See Gun Laws of America for the language passed by Congress]
H11252 SEC. 1225. Additional Conforming Amendments.
THE GIST: Certain statutes found in Gun Laws of America main text,
are amended as follows, to conform to the new State Dept. operation of the former United States Arms Control and Disarmament Agency. Additional conforming amendments are not listed here, but include many other branches of government, such as the Dept. of Commerce, Defense Dept., CIA, etc.
[See Gun Laws of America for the language passed by Congress]
H11269 SEC. 2601. Authorization Of Appropriations.
THE GIST: Funding of $41.5 million is provided to carry out the purposes to The United States Arms Control and Disarmament Agency.
[See Gun Laws of America for the language passed by Congress]
H11269 SEC. 2602. Statutory Construction.
THE GIST: Fearing that the Arms Control and Disarmament Agency might eventually be used to attempt to deprive American citizens of keeping and bearing arms, the original act included a specific restriction on any such use of the agency. Although the State Dept. should, under traditional procedure continue to operate the Agency under this restriction, Congress decided to reinforce that notion by reenacting
the restrictive language separately. This has probably already had an effect, since the State Dept., immediately upon taking over the agency, issued a proposed rule rescinding all former Agency regulations, without suggesting a replacement set.
[See Gun Laws of America for the language passed by Congress]
H11290 (Title of this law)
THE GIST: Official title of this law is "Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999".
[See Gun Laws of America for the language passed by Congress]--------------------------------------
P.L. 105-277 REPORT LANGUAGE
From "Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999"
When delivering the final bill, the House-Senate conference committee explained its actions in a separate commentary section known as Report Language. This material is not law, but is informative. Inasmuch as the committee saw fit to warn the President against reinterpreting the intent of Congress (see H11291), it seems fitting to include their clarifying and summary remarks. The citations are to the House Congressional Record for Oct. 19, 1998.
[See Gun Laws of America for the committee's report language]
H11290
Joint Explanatory Statement Of The Committee Of Conference
THE GIST: Introduction to the House-Senate Conference Committee Report. The final bill, HR4328, was originally a transportation bill, which was gutted and replaced by a wide variety of unrelated funding provisions and other acts.
[See Gun Laws of America for the committee's report language]
H11291 (Congressional Intent)
THE GIST: Congress takes the unusual step of admonishing the President to not change the intent of Congress, and to only spend funds as provided for by Congress (they actually quote the statute to remove
any doubt).
[See Gun Laws of America for the committee's report language]
The conferees agree that executive branch wishes cannot substitute
for Congress' own statements as to the best evidence of congressional intentions--that is, the official reports of the Congress. The conferees further point out that funds in this Act must be used for the purposes for which appropriated, as required by section 1301 of title 31 of the United States Code, which provides: `Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.'
[See Gun Laws of America for the committee's report language]
H11306 (Funding for Brady Background Checks)
THE GIST: First year funding for Brady Part 2 -- the NICS background check system. The FBI's proposal to implement its own tax on NICS was stopped by the Smith Amendment (see H11075), but it was this small funding provision that allowed that to happen. Congress would appropriate $42 million to the FBI to run NICS, to take the place of
the bureau's unauthorized sales tax. The FBI is also required by Congress to conduct criminal background checks of school bus drivers and teachers.
Note that although the committee says here it provided $42 million
to operate the NICS system, no such specific allocation is in the bill itself. No corresponding language appropriating the NICS funds can be found in the bill passed by Congress.
[See Gun Laws of America for the committee's report language]
H11316
(Safety Devices, Public Gun-Class Funding, Non-citizen Exemptions)
THE GIST: Gun dealers must stock gun safety devices for sale. Federal money is made available for private gun safety classes for the public.
Foreigners, who formerly could keep and bear arms while in this country, are now prohibited, with specific exceptions. By adding foreigners to the prohibited possessor list, the committee did far more than restrict purchases, as they noted below.
[See Gun Laws of America for the committee's report language]
H11334
(The Smith Amendment, Banning NICS Tax & Recordkeeping)
THE GIST: Prohibits the FBI from taxing gun sales, or keeping records of honest gun buyers.
[See Gun Laws of America for the committee's report language]
H11508 (Importer Reimbursement)
THE GIST: Provides payment to gun importers for legal merchandise outlawed while in transit.
[See Gun Laws of America for the committee's report language]
H11510 Firearms Training Systems
THE GIST: Calls for studies of gun training techniques for federal authorities.
[See Gun Laws of America for the committee's report language]
H11510 Bureau of Alcohol, Tobacco and Firearms. Salaries and Expenses
THE GIST: Describes compromises reached over ATF funding, including
a $10 million increase over what Congress had requested, which the conference committee decided to provide.
[See Gun Laws of America for the committee's report language]
H11510 Youth Crime Gun Interdiction Initiative
THE GIST: Before Congress grants a funding increase requested by ATF for disarming young criminals under the YCGII plan, it wants evidence that the money already spent has had a crime-reducing effect, and requires a report by Feb. 1, 1999. Congress directs ATF to hire 81 experienced gun trafficking agents in the 27 pilot cities of this program, and recommends adding three more cities, Aurora and Denver, Colorado, and Omaha, Nebraska.
[See Gun Laws of America for the committee's report language]
"The conferees strongly support ATF's efforts to stop illegal trafficking of crime weapons to young people and its statistical analysis in `The Crime Gun Trace Analysis Reports: The Illegal Youth Firearms Markets in 17 Communities', published in July 1997. However, the conferees believe that the proposed increase in funding must be supported by evidence of a significant reduction in youth crime, gun trafficking and availability. The conferees would like to see additional evidence linking the Youth Crime Gun Interdiction Initiative (YCGII)
to a corresponding decrease in gun trafficking among youths and minors. Therefore, the conferees direct ATF to report no later than February
1, 1999, on the performance of YCGII. The conferees further believe that an investment in experienced trafficking agents to conduct investigations arising out of leads obtained through this regional initiative is likely to have a significant impact on the number of prosecutions for illegal firearms trafficking. As a result, the conferees direct that, of the $27,000,000 to be provided for YCGII efforts, $16,000,000 be used to hire 81 experienced trafficking agents to expand the YCGII efforts in the 27 pilot cities. As part of the expansion, the conferees recommend that
not less than $2,400,000 be used for the addition of 12 experienced trafficking agents, including 3 in Milwaukee, Wisconsin, to implement
a multifaceted regional enforcement strategy within the Midwest region. The conferees request that ATF give strong consideration to Aurora,
CO, Denver, CO, and Omaha, NE, as it determines new locations for YCGII."
[This is an example of the committee's report language]
H11510 CEASEFIRE
THE GIST: Provides $2 million for continued expansion of the CEASEFIRE/IBIS program. ATF is given $4 million to provide CEASEFIRE technology to local law enforcement agencies on request.
[See Gun Laws of America for the committee's report language]
H11510 Collection and Maintenance of Federal Firearms Licensee Records
THE GIST: Recognizes a lack of clarity on the FFL record-keeping policies of ATF and requires ATF to report on fixing the problem by March 31, 1999.
[See Gun Laws of America for the committee's report language]
H11513
(Redefines long guns and antiques)
THE GIST: Rifles, shotguns and antique firearms are redefined. Note that although the committee says here it broadened the definition of explosives, the bill itself does not do this. The section referred to below redefines rifles and shotguns to include muzzleloaders, by removing the "fixed cartridge" portion of the existing definition.
[See Gun Laws of America for the committee's report language]
H11519
(Importer Reimbursement, Undetectable Sunset, Pawn Brokers)
THE GIST: Explains reimbursement of importers harmed by new import ban; extension of Undetectable Firearms law sunset clause, and the pawn broker NICS glitch fix.
[See Gun Laws of America for the committee's report language]
NOTES
NOTES
NOTES
The main text of Gun Laws of America contains federal statutes as
they existed through Feb. 10, 1996, when the National Defense Authorization Act introduced the first new federal gun laws since the 1994 Crime Bill. The gun laws then changed with the Antiterrorism Act on Apr. 24, 1996 and again from changes made on Sept. 30, 1996 by the Omnibus Consolidated Appropriations Act for Fiscal Year 1997.
This update includes changes made by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999.
Caution: The legal sections have been edited from the full text of
the act passed by Congress. Only the gun-related portions (1.14%) of the
law appear. See the notes about editing methodology starting on page 37
of the main text, and additional cautions in the introduction.
NOTE: None of the statutory material is included in this transmission.
Only the plain English "gists" are included. Statutory language is available at thomas.gov, or in Gun Laws of America.
The 4,817 words of gun law in this act add a total of 6 new statutes,
8 amendments, 8 funding provisions and one repeal (the conference committee's Report Language is not counted). The word count will decrease slightly when the law is codified and certain phrases are removed (e.g. "Section 922 is amended as follows:") A simple ratio of the new words in this act to existing words appearing in GLOA (83,767) shows an overall increase of 5.75%, to 88,584 in 1998.
The numbering scheme in this new law is somewhat erratic, because
so many bills were amended and stuck together at the last minute, in virtual secrecy by a House-Senate conference committee. Congress then passed it as a unit with a single vote, two days after the 4,000-page draft was released. As wise as Congress may be, few people can read that quickly.
Some parts have no direct citation numbers. The only sequential numbers for the whole act appear to be House Congressional Record page numbers for Oct. 19, 1998, (e.g., "H11058"), provided. The bill opens with numerous unnumbered items, followed by thirteen numbered "Titles," which abruptly end and begin again suddenly at Title 1. Numbering does not always go from low to high, and to keep things interesting, seven separate sections are numbered "115."
A review of these sections shows that anyone who still believes unrelated laws should not be grouped together for a single vote, is
not controlling Congress. The first section numbered "115" concerns counterterrorism, national security and computer crime, the second places financial restrictions on the Mayor of Washington D.C., and the third redefines long guns and antique firearms (though not the way the committee's report language says it does). The other 115s deal with National Park Service fees, the Alaskan Railroad, postal station naming and drug treatment.
Congress placed its introductory remarks at the end, but they are
so long (237,123 words), in effect they begin in the middle. Hey, we would have done it differently, but they didn't ask.
END OF UPDATE FILE
Of all the deaths caused by crime, accident,
disaster and maniacs, they hold a distant
back seat to the murders and atrocities
committed against people by governments.
Only the rulers should be armed.
U.N. agenda
"After a shooting spree,
they always want to take the guns away
from the people who didn't do it."
William Burroughs, 1992
GUNS ARE FOR SAFETY
GUNS STOP CRIME
GUNS SAVE LIVES
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THE CITIZEN'S FEDERAL GUN-FREE PLEDGE
"As an American citizen, of my own free will, I do hereby and now
declare myself Gun-Free, never to keep or bear arms in any manner, for
the rest of my natural life, under penalty of arrest and felony
conviction." Sign here.
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Corporation For The Promotion Of Rifle Practice And Firearms Safety
THE GIST: The Civilian Marksmanship Program, run
by the U.S. Army, has served as the federal government's official firearms
training, supply and competitions program for U.S. citizens, since 1956.
Its history traces back to the late 1800s, when programs were first established
to help ensure that the populace could shoot straight, in the event an
army had to be raised to defend the country. The program is privatized
by this new act.
The federal government transfers the responsibility and facilities for
training civilians in the use of small arms to a new 501(c)(3) non-profit
corporation. All law-abiding citizens are eligible to participate,
and priority is given to reaching and training youth in the safe, lawful
and accurate use of firearms.
Functions formerly performed for this program by the Army are now the
responsibility of this new corporation. The Army is required to provide
direct support to make the program work in its privatized form.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Establishment Of The Corporation.
THE GIST: Congress creates a non-profit non-governmental
corporation called the Corporation for the Promotion of Rifle Practice
and Firearms Safety. The corporation is run by a board of directors
of at least nine members, selected initially by the Secretary of the Army.
The board appoints a person to serve as the Director of Civilian Marksmanship,
who runs the operations of the corporation.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Conduct Of Civilian Marksmanship Program.
THE GIST: The Rifle Practice and Firearms Safety
corporation runs the Civilian Marksmanship Program, which includes: 1-teaching
marksmanship to U.S. citizens; 2-promoting practice and safety in the use
of firearms; 3-conducting matches and competitions; 4-awarding trophies
and prizes; 5-procuring supplies and services needed for the program; 6-securing
and accounting for all firearms, ammo and supplies used in the program
and 7-giving, lending or selling firearms, ammo and supplies under the
program. Priority must be given to training youths, and reaching
as many youths as possible.
The corporation is authorized to obtain military surplus free of charge
to run the Civilian Marksmanship Program. The Secy. of the Army is
instructed to take whatever action is necessary to make the program work.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Eligibility For Participation In Civilian Marksmanship Program.
THE GIST: Any person who is not a felon, hasn't
violated the main federal gun laws, and does not belong to a group that
advocates violent overthrow of the U.S. government, may participate in
the Civilian Marksmanship Program. Participants must certify in writing
that they are not ineligible. The program director may require anyone to
attach certification from state or federal officials that the person is
not a felon or guilty of certain federal gun crimes. The director
may also limit participation to ensure quality, safety and security of
firearms, ammo and equipment.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Issuance, Loan, And Sale Of Firearms And Ammunition By The Corporation.
THE GIST: The corporation can give or loan .22 and
.30 caliber surplus rifles and ammo, air rifles, and related supplies,
with or without administrative charges, to organizations that provide firearms
training to youth, the Boy Scouts, 4-H Clubs, Future Farmers and other
youth groups. The corporation can sell surplus .22 and .30 caliber
rifles, ammo and related supplies needed for target practice, at fair market
value, to gun club members over 18, whose club is affiliated with the program.
Criminals may not apply.
The corporation must establish procedures to check state and federal
criminal records for applicants, and for the security of firearms it provides
to youth groups. The corporation is made exempt from certain federal-firearms-license
requirements for sale, transportation and manufacture of firearms.
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Transfer Of Firearms And Ammunition From The Army To The Corporation.
THE GIST: The Secy. of the Army is instructed to
transfer all firearms and ammunition from the existing Civilian Marksmanship
Program to the corporation for Rifle Practice and Firearms Safety, as needed.
Such transfers are free of charge but the corporation pays for preparation
and transportation. Ownership of the items transfers to the corporation
when it provides them to youth groups, or just before sale to a gun club
member.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Reservation By The Army Of Firearms And Ammunition For The Corporation.
THE GIST: The Army is required to reserve and store
all firearms and ammunition specified for the Civilian Marksmanship Program,
at no charge, until transferred to the program. No additional M-1
Garand rifles may be declared as surplus, except for transfers already
authorized for federal and state counter-drug uses.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Army Logistical Support For The Program.
THE GIST: The Army is required to provide logistical
support for the Civilian Marksmanship Program, its competitions and other
activities. The corporation must pay the Army for such support.
The Army must provide, at no cost, members of the National Guard and Army
Reserve to support the national matches. The National Matches may
continue to be held at the same defense facilities as before (primarily,
Camp Perry in Ohio).
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
General Authorities Of The Corporation.
THE GIST: The corporation may accept donations,
collect fees reasonably needed to run the Civilian Marksmanship Program,
and use the amounts it collects, including its proceeds from sales, only
for the program. It may enter into contracts, incur debt, and generally
exercise the normal powers of a corporation.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Distribution Of Corporate Assets In Event Of Dissolution.
THE GIST: It the corporation is ever dissolved,
all the Army gear, and any trophies, immediately goes back to the Army.
Any other assets may transferred to another non-profit corporation engaged
in similar activities or sold.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Transfer Of Funds And Property To The Corporation.
THE GIST: Once the corporation is up and running, but
not later than Oct. 1, 1996, the Army is required to transfer certain funds
from the existing Civilian Marksmanship Program to the corporation, for
use in running the new program. As soon as practical the Army is
required to transfer all support materials from the existing programs to
the corporation. The corporation may use, and will assume control
of, certain offices currently used for the Civilian Marksmanship program.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Continuation Of Eligibility For Certain Civil Service Benefits For
Former Federal Employees Of Civilian Marksmanship Program.
THE GIST: Federal employees who currently work for
the Civilian Marksmanship Program, and switch over to the new corporation's
program, may keep their federal employee benefits, with the employer costs
picked up by the corporation.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Certification Of Completion Of Transition.
THE GIST: The Secy. of the Army shall certify to
the Senate and House of Representatives when the transfer of the Civilian
Marksmanship Program is complete, and shall publish the certification in
the Federal Register.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-106. From the National Defense Authorization Act,
Feb. 10, 1996;
Repeal Of Authority For Conduct Of Civilian Marksmanship Program
By The Army.
THE GIST: The sections of Title 10 of the U.S. Code
which formerly authorized the Civilian Marksmanship Program are repealed,
funding and reporting provisions are dropped, and laws are technically
altered to conform with the new laws.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-208 Omnibus Consolidated Appropriations Act For Fiscal
Year 1997
Gun Powder Taggant Study by National Academy of Sciences
THE GIST: Five experts to be appointed by the National
Academy of Sciences are authorized by Congress to study tagging black and
smokeless gunpowders, for detection and identification. The study must
cover whether tracers in powders will: 1-pose a risk to human life or safety;
2-help law enforcement; 3-harm the quality and performance of powders for
any lawful use; 4-harm the environment, and 5-cost more than its worth.
In addition, the panel must project: 1-the cost to make tagged powders;
2-the cost to regulate the system; 3-the cost and effects on consumers;
4-the effect on consumer demand for ammunition; 5-how hard it would be
for terrorists to evade taggants, and 6-if taggants could be evaded by
using basic chemicals to make gunpowders.
The panel must consult on this study with all interested government
and national organizations, and with individuals as deemed necessary. The
report is due on Sept. 30, 1997, is available to the public, and Congress
places no constraints on funding for the study.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Conditions Of Probation.
THE GIST: Paragraph 9 is renumbered 8.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Prohibition On Terrorist Fundraising.
THE GIST: Giving, or attempting or conspiring to
give firearms to a foreign terrorist organization is illegal. The
phrase "material support or resources," which includes firearms, is described
below in Sec. 323.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Sec. 32: Modification Of Material Support Provision.
THE GIST: Providing firearms, or hiding firearms,
knowing or intending that they be used for any of a long list of serious
crimes, is a crime.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Authority For Alien Smuggling Investigations.
THE GIST: Paragraphs are renumbered and federal
authority to conduct wiretaps is expanded to include certain other listed
crimes.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Report To Congress On Thefts Of Explosive Materials From Armories.
THE GIST: The Attorney General and Secretary of
Defense must study and submit a report to Congress concerning firearm,
ammunition and explosives thefts from national armories. The report
is due within six months (by Oct. 24, 1996).
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Criminal Sanctions.
THE GIST: A ten-year prison term applies to two offenses
described in Sec. 701 and 706 below.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Exceptions.
THE GIST: This excludes Sec. 701 and 706, below,
along with two plastic-explosives provisions, from certain exceptions to
explosives laws that are made for commercial, medical, official and other
purposes.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Increased Penalty For Conspiracies Involving Explosives.
THE GIST: Conspiracy to commit an explosives offense
carries the same penalties as the offense itself.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Acts Of Terrorism Transcending National Boundaries.
THE GIST: Using a firearm in an assault on any person
in the U.S. is a federal crime if: 1-the assault involves "conduct transcending
national boundaries" (described below) and 2-if any of the following also
exist: a-any perpetrator uses the mail or interstate or foreign commerce
in committing the crime; b-the offense in any way affects interstate or
foreign commerce; c-the victim is anyone in the federal government or the
military; d-any structure or property damaged is owned in any part by the
federal government or e-the offense occurs in special U.S. territorial
jurisdictions. The maximum penalty in a non-lethal assault with a
firearm is 30 years.
Causing a serious risk of injury to anyone, by damaging any structure
or property in the U.S., is a federal crime if the conditions described
in 1 and 2 above exist. The maximum penalty is 25 years.
Threatening, attempting or conspiring to commit the above acts is a
crime, and various penalties are defined.
The phrase "conduct transcending national boundaries" means "conduct
occurring outside of the United States in addition to the conduct occurring
in the United States." It is not clear what this might include.
The Attorney General is in charge of investigating "federal crimes of
terrorism." Such crimes occur when any of a long list of felonies
is committed to influence the government by intimidation or coercion, or
to retaliate against government actions. An assault involving conduct
transcending national boundaries, described in the first part of this law,
is one of the felonies.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Increased Penalties For Certain Terrorism Crimes. THE GIST: The penalty for carrying a firearm onto
an airplane is increased.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Mandatory Penalty For Transferring An Explosive Material Knowing
That It Will Be Used To Commit A Crime Of Violence.
THE GIST: Transferring explosive materials, knowing
or having reason to believe that they will be used in a crime, is a crime.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Possession Of Stolen Explosives Prohibited.
THE GIST: It's illegal to knowingly handle stolen
explosives, before or after they were stolen.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Enhanced Penalties For Use Of Explosives Or Arson Crimes.
THE GIST: The penalties for certain explosives crimes
are increased.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Clarification And Extension Of Criminal Jurisdiction Over Certain
Terrorism Offenses Overseas.
THE GIST: U.S. citizens are included in a list of
people and organizations defined in 18-1116(b).
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Clarification Of Federal Jurisdiction Over Bomb Threats. The Gist: Congress clarifies the extent of its jurisdiction by
substituting 12 new words for the formerly adequate word "commerce."
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Protection Of Federal Employees; Protection Of Current Or Former
Officials, Officers, Or Employees Of The United States.
THE GIST: Using or attempting to use deadly force against
anyone in the federal government or the military, if the attack is because
of the person's government role, is a federal crime. All former personel
are included. Federal penalties for an attack on anyone in this protected
class are defined. In the case of such an assault, a gun is considered
a gun, even if it jams due to a defective part.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Detention Hearing.
THE GIST: Two time periods are extended to include
weekends and legal holidays.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Marking, Rendering Inert, And Licensing Of Explosive Materials.
THE GIST: Gunpowder is excluded from a study of taggants
and explosives.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Commission On The Advancement Of Federal Law Enforcement.
THE GIST: Federal authorities are to study law enforcement
standards for the use of deadly force.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Assessing And Reducing The Threat To Law Enforcement Officers From
The Criminal Use Of Firearms And Ammunition.
THE GIST: The Treasury Dept. and the Attorney General
are to conduct a study of law enforcement officer deaths and serious injuries,
for the last decade, including: 1-felonies and accidents; 2-shootings;
3-identifying whether handguns used handgun or rifle ammo, if rifles used
handgun or rifle ammo, and if shotguns were used; 4-officers shot with
their own firearms or with other officers' firearms and 5-instances where
a bullet-resistant vest or helmet was penetrated by armor-piercing ammunition.
In addition the study must consider whether current strategies and body
armor are sufficient for criminal encounters, and recommend increases in
body armor that would provide more protection.
The ammunition part of the study includes: 1-determining the most popular
calibers based on quantities sold; 2-identifying common uses for the most
popular ammunition, according to industry, sporting organizations and law
enforcement; 3-determining the popular calibers for civilian defense and
sporting uses that would be affected if they were banned to the public,
if those calibers can pierce minimum-level vests.
The study must take input from interested parties and report to Congress
in one year (from April 24, 1996). An open-ended funding appropriation
is provided.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Research And Development To Support Counterterrorism Technologies.
THE GIST: Up to $10 million may be spent by the
National Institute of Justice in 1997 to develop ways to combat terrorism,
including developing ways to detect firearms.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-132. From the Antiterrorism and Effective Death
Penalty Act April 24, 1996;
Expansion Of Territorial Sea.
THE GIST: The physical boundaries of the U.S. are
described in greater detail, encompassing a greater area.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-208 Omnibus Consolidated Appropriations Act For Fiscal
Year 1997
Sec. 101(b) Department of Defense Appropriations Act, 1997
Section 657, Gun-Free School Zone.
THE GIST: Congress was rebuffed in its attempt to exercise
police powers at the state level by the U.S. Supreme Court, when the court
declared the 1991 Gun-Free School Zone law unconstitutional, in 1995. That
law was reenacted, to the surprise of many observers, as an unnoticed add-on
to a 2,000-page federal spending bill, in a form essentially identical
to the one the Supreme Court overturned.
The law makes it a federal crime to knowingly have a firearm within
1,000 feet of a school. An exemption is granted to anyone willing to register
with the government for a specified license to carry the firearm (most
concealed-carry permits would qualify, most hunting licenses would not).
The prohibition does not apply to: 1-Firearms while on private property
that is not part of the school grounds; 2-Any firearm that is unloaded
and in a locked container; 3-Any firearm unloaded and locked in a firearms
rack on a motor vehicle; 4-Possession of a firearm for use in an approved
school program; 5-Possession under a contract with the school; 6-Possession
by law enforcement officers in an official capacity; and 7-An unloaded
firearm, while crossing school premises to public or private land open
to hunting, if crossing the grounds is authorized by the school.
It is also illegal to fire a gun (or attempt to fire a gun), knowingly
or with reckless disregard for safety, in a place you know is a school
zone, with the following exceptions: 1-On private property that is not
part of the school grounds; 2-As part of a program approved by the school;
3-Under contract with the school; 4-By law enforcement acting in an official
capacity. Self defense is not mentioned, and presumably, a self-defense
shooting in a school zone, unless on private property, would violate this
law. States are not prohibited from passing their own laws.
America had 121,855 public and private schools as of 1994. In effect,
this law criminalizes the actions of nearly anyone who travels in a populated
area with a legally possessed firearm. As with its overturned predecessor,
its affect on the very real problem of youth violence is unclear, and of
course, any firearm used illegally in America, whether it is near a school
or not, is already a serious crime with heavy penalties.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-208 Omnibus Consolidated Appropriations Act For Fiscal
Year 1997
Sec. 101(b) Department of Defense Appropriations Act, 1997
Section 658. Gun Ban For Individuals Convicted Of A Misdemeanor
Crime Of Domestic Violence.
THE GIST: Anyone convicted of a state or federal
misdemeanor involving the use or attempted use of physical force, or the
threatened use of a deadly weapon, among family members (spouse, parent,
guardian, cohabiter, or similar) is added to the list of federal prohibited
possessors, and may not ship, transport, possess or receive a firearm or
ammunition under federal law.
This marks the first time that a misdemeanor offense serves as grounds
for denial of the constitutional right to keep and bear arms. The law is
retroactive, affecting an unknown number of people, and no provision is
made for the firearms such men and women might already possess. Firearms
possession by a prohibited possessor is a five-year federal felony.
A number of narrow conditions may exempt a person from this law, including
whether they were represented by an attorney, the type of trial and plea,
an expungement or set aside, or a pardon or other restoration of civil
rights. Since misdemeanors may be handled by state courts not-of-record,
some of these determinations may not be possible.
The current Congressional practice of placing unrelated laws in larger
acts, in order to get them passed without debate (or even unnoticed), has
raised concerns among many observers. This law, sometimes referred to as
the Lautenberg amendment, is an extreme example of such a practice, and
caught both firearms-rights advocates and adversaries by surprise. The
law is drafted broadly, affecting sworn police officers nationwide, the
armed forces, and agencies such as the FBI, CIA, Secret Service, Forest
Service and others, most of whom are accustomed to being exempted from
such laws. So many problems exist with respect to this legislation that
is has raised concerns unlike any recent act of Congress. Indeed, some
members reportedly were told before voting that this language had been
deleted from the final version, and the vote was held before copies of
the 2,000-page act were available for review.
Experts close to the issues cite numerous constitutional conflicts (indicated
below in parentheses). Among these are: 1-it is ex post facto -- a
law passed after the fact to affect former actions (Art. 1, Sec. 9); 2-it
impacts the right to keep and bear arms (2nd Amendment); 3-legally owned
items become subject to seizure (4th Amendment); 4-it holds people accountable
to a felony without a Grand Jury indictment, represents a second punishment
for a single offense creating a double jeopardy, and it requires dispossession
of personal property without compensation or due process (5th Amendment);
5-the right to be informed of an accusation, and to counsel and a public
jury trial is abrogated by making an existing state misdemeanor the automatic
precursor to a federal felony (6th Amendment); 6-using a misdemeanor instead
of a felony to deny civil rights may be cruel and unusual punishment (8th
Amendment); 7-federal authorities enter an arena historically governed
exclusively by the states (10th Amendment); 8-it denies due process, abridges
the rights of U.S. citizens by state law and denies equal protection under
the law. (14th Amendment).
Domestic violence does not have a single definition at the state level.
Some states laws require the arrest of at least one party if the police
respond to an apparent domestic-violence report. This raises many issues
related to the judicial and plea-bargaining process after an arrest.
An analogy to automobiles crystallizes this law's affects. It is as
if a former speeding ticket were now grounds for felony arrest if you own
a car or gasoline. When a law is scrutinized for constitutionality it is
typically held up to a single constitutional provision. The eight constitutional
issues in this short piece of legislation may set a record.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-208 Omnibus Consolidated Appropriations Act For Fiscal
Year 1997
Sec. 101(e). Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 1997 (including Student Loan Marketing
Association Reorganization Act of 1996, and Museum and Library Services
Act of 1996)
Disease Control, Research, and Training <CDC Advocacy Ban>
THE GIST: Congress prohibits The Centers for Disease
Control and Prevention from spending certain public funds to advocate or
promote gun control. Other funding sources are not covered, and the term
advocate is not defined.
Full text of this statute is available
in Gun Laws Of America
Public Law 104-208 Omnibus Consolidated Appropriations Act For Fiscal
Year 1997
Sec. 101(f). Treasury, Postal Service, and General Government Appropriations
Act, 1997 (including Federal Financial Management Improvement Act of 1996)
Salaries and Expenses <BATF Funding Controls>
THE GIST: This law places controls on the Bureau
of Alcohol, Tobacco and Firearms. Congress prohibits the Treasury Dept.,
under which the BATF operates, from spending any of its allocated funds
on: 1-consolidating or centralizing the firearms records of FFLs; 2-changing
27 CFR 178.118 (deals with importing curios and relics); 3-changing the
curios and relics definition in 27 CFR 178.11; 4-removing anything from
ATF 5300.11 (the curios and relics list); 5-investigating or acting on
applications for relief from federal firearm disabilities for individuals;
6-providing ballistics imaging equipment to certain local authorities unless
they agree to pay for or return it; 7-electronically retrieving data, by
name or any personal identification code, from the firearms records of
out-of-business FFLs. Congress authorizes the use of Treasury Dept. funds
to investigate or act on applications for relief from federal firearms
disabilities for corporations.
_______________________________________
Gun Laws of America
by Alan Korwin with Attorney Michael P. Anthony
ISBN: 1-889632-04-X 368 pgs., $19.95
Library of Congress Catalog Card Number: 95-77339
A word-for-word copy of every federal gun law on the books
WITH PLAIN ENGLISH SUMMARIES
It's like having a complete gun-law library in one volume. Don't be
fooled by BATF's partial set. This is the first time that every federal
gun law has been collected and printed. Laws about the proper authorities,
the Militia, National Guard, citizens, collectors, dealers, manufacturers,
importers, global disarmament, free training ammo, your rights, the governments
limits, the Lost National Right to Carry; many of the laws protect people
or regulate the government but are virtually unknown. If you knew all your
rights you might demand them! Good laws, bad laws, 70 pages of juicy intro
material, and the plain-English summaries make everything so easy. It's
actually fun to read -- you'll refer to it again and again. You owe it to
yourself to keep a copy of the laws handy... settles arguments big time.
Broadly endorsed by legal experts. "Outstanding," -former Arizona
Attorney General Bob Corbin. "Unique," -Constitutional scholar and
attorney Stephen P. Halbrook, Ph.D.
Makes a better gift than a tie.
Replaces the black hole of ignorance with the pure white light of knowledge.
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