Pub. L. 100–649, § 2(f)(2)(B), (D),Nov. 10, 1988,102 Stat. 3818, as amended byPub. L. 101–647, title XXXV, § 3526(b),Nov. 29, 1990,104 Stat. 4924;Pub. L. 105–277, div. A, § 101(h) [title VI, § 649],Oct. 21, 1998,112 Stat. 2681–480, 2681–528;Pub. L. 108–174, § 1,Dec. 9, 2003,117 Stat. 2481;Pub. L. 113–57, § 1,Dec. 9, 2013,127 Stat. 656, provided that, effective 35 years after the 30th day beginning afterNov. 10, 1988, subsection (a)(1) of this section is amended by striking “this subsection, subsection (b), (c), or (f) of this section, or in section 929” and inserting “this chapter”, subsection (f) of this section is repealed, and subsections (g) through (o) of this section are redesignated as subsections (f) through (n), respectively, of this section.

TheInternal 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 tosection 5845(a) of Title 26.

TheControlled Substances Act, referred to in subsecs. (c)(2), (d)(3)(B), (e)(2)(A)(i), (g)(2), and (k)(1), is title II ofPub. L. 91–513,Oct. 27, 1970,84 Stat. 1242, as amended, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out undersection 801 of Title 21 and Tables.

TheControlled Substances Import and Export Act, referred to in subsecs. (c)(2), (d)(3)(B), (e)(2)(A)(i), (g)(2), and (k)(1), is title III ofPub. L. 91–513,Oct. 27, 1970,84 Stat. 1285, as amended, which is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out undersection 951 of Title 21 and Tables.

For information regarding constitutionality of certain provisions of this section, as added bysection 1402(b) of Pub. L. 99–570, seeCongressional Research Service, The Constitution of the United Statesof America: Analysis and Interpretation, Appendix 1, Acts ofCongress Held Unconstitutional in Whole or in Part by theSupreme Court of the United States.

2018—Subsec. (c)(1)(C).Pub. L. 115–391 substituted “violation of this subsection that occurs after a prior convictionunder this subsection has become final” for “second or subsequent convictionunder 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 “theMaritime 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 “theMaritime 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 “theMaritime 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 violenceor drug trafficking crime(including a crime of violenceor drug trafficking crimewhich 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 violenceor drug trafficking crime, be sentenced to imprisonment for five years, and if the firearmis a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, to imprisonment for ten years, and if the firearmis a machinegun, or a destructive device, or is equipped with a firearm silenceror firearm muffler, to imprisonment for thirty years. In the case of his second or subsequent convictionunder this subsection, such person shall be sentenced to imprisonment for twenty years, and if the firearmis a machinegun, or a destructive device, or is equipped with a firearm silenceror 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 violenceor drug trafficking crimein which the firearmwas 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), repealedPub. L. 103–322, § 330002(h). See 1994 Amendment note below.

Pub. L. 104–294, § 603(m)(1)(A), amended directory language ofPub. L. 103–322, § 110507. See 1994 Amendment note below.

Subsec. (a)(2).Pub. L. 104–294, § 603(m)(1)(B), amended directory language ofPub. 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 ofPub. 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 ofPub. 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 ofPub. 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 byPub. 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 byPub. 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 byPub. 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 byPub. 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 byPub. 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 byPub. 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 ofPub. 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 ofCongress.

Pub. L. 103–322, §§ 110102(c)(2), 110105(2), as amended byPub. 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 “theMaritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)” for “the first section orsection 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 byPub. 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 byPub. 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 byPub. 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 ofCongress.

Pub. L. 101–647, § 1101(1), inserted “and if the firearmis a short-barreled rifle, short-barreled shotgunto 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 Stateor foreign country into another Stateto obtain firearmsfor 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 violenceor drug trafficking crimewhich” for “crime,, including a crime of violenceor 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 crimein 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 ofCongress 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 theControlled 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 devicethat 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 Stateor foreign country into another Stateto obtain firearmsfor 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 firearmis a machinegun, or is equipped with a firearm silenceror firearm muffler, to imprisonment for ten years” after “five years”, “, and if the firearmis a machinegun, or is equipped with a firearm silenceror firearm muffler, to imprisonment for twenty years” after “ten years”, and “or drug trafficking crime” before “in which the firearmwas 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 firearmor ammunitioninvolved 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 theInternal 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 felonyor 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” effectiveNov. 1, 1987, pursuant tosection 235 of Pub. L. 98–473, as amended, could not be executed because quoted language no longer appears due to general amendment of subsec. (a) byPub. L. 99–308, § 104(a)(1). See 1986 Amendment note above.

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 firearmsduring and in relation to any Federal crime of violencefor provisions setting out a minimum sentencing scheme for the use or carrying, unlawfully, of a firearmduring 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),Dec. 21, 2018,132 Stat. 5222, provided that:

Amendment bysection 5(c)(2) of Pub. L. 109–92 effective 180 days afterOct. 26, 2005, seesection 5(d) of Pub. L. 109–92, set out as a note undersection 922 of this title.

Pub. L. 104–294, title VI, § 603(m)(2),Oct. 11, 1996,110 Stat. 3505, provided that:

Pub. L. 104–294, title VI, § 603(p)(2),Oct. 11, 1996,110 Stat. 3505, provided that:

Amendment by sections 110102(c) and 110103(c) ofPub. L. 103–322 repealed 10 years afterSept. 13, 1994, seesection 110105(2) of Pub. L. 103–322, formerly set out as a note undersection 921 of this title.

Pub. L. 103–322, title XXXIII, § 330011(i),Sept. 13, 1994,108 Stat. 2145, provided that the amendment made by that section is effective as of the date on whichsection 3528 of Pub. L. 101–647 took effect.

Pub. L. 103–322, title XXXIII, § 330011(j),Sept. 13, 1994,108 Stat. 2145, provided that the amendment made by that section is effective as of the date on whichsection 3527 of Pub. L. 101–647 took effect.

Amendment bysection 1702(b)(3) of Pub. L. 101–647 applicable to conduct engaged in after end of 60-day period beginning onNov. 29, 1990, seesection 1702(b)(4) of Pub. L. 101–647, set out as a note undersection 921 of this title.

Pub. L. 101–647, title XXII, § 2203(d),Nov. 29, 1990,104 Stat. 4857, provided that the amendment by that section is effective with respect to any offense committed afterNov. 1, 1987.

Amendment bysection 2(b) of Pub. L. 100–649 effective 30th day beginning afterNov. 10, 1988, and amendment by section 2(f)(2)(B), (D) effective 35 years after such effective date, seesection 2(f) of Pub. L. 100–649, as amended, set out as a note undersection 922 of this title.

Amendment byPub. L. 99–308 effective 180 days afterMay 19, 1986, seesection 110(a) of Pub. L. 99–308, set out as a note undersection 921 of this title.

Amendment bysection 223(a) of Pub. L. 98–473 effectiveNov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, seesection 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note undersection 3551 of this title.

Amendment byPub. L. 90–618 effectiveDec. 16, 1968, seesection 105 of Pub. L. 90–618, set out as a note undersection 921 of this title.

Section effective 180 days afterJune 19, 1968, seesection 907 of Pub. L. 90–351, set out as a note undersection 921 of this title.