Jan 16

Selected firearms offenses summary chart

Originally obtained as a PDF from the Federal Public Defender – District of Nebraska site.

For those who would argue that the federal firearms laws are weak, this seems to cover nearly every conceivable infraction.

 

SELECTED FIREARMS OFFENSES — “CHEAT SHEET”

Offense Section Description Statutory Maximum
18 U.S.C. § 922(a)(1) Willful engagement in firearms business without a license (cf. 26 U.S.C. § 5861(a)) 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(a)(2) Willful shipment or transport of firearm to unlicensed recipient 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(a)(3) Willful receipt of firearm from out of state by unlicensed person 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(a)(4) Knowing interstate transport of certain weapons by unlicensed person 5 years (§ 924(a)(1)(B))
18 U.S.C. § 922(a)(5) Willful transfer, sale, or transport of weapon by unlicensed person to another unlicensed, out-of-state person 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(a)(6) Knowing making of false statement in connection with purchase of firearm (cf. § 924(a)(1)(A), 26 U.S.C. § 5861( l )) 10 years (§ 924(a)(2))
18 U.S.C. § 922(a)(7) Willful manufacture or importation of armor-piercing ammunition 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(a)(8) Willful sale or delivery of armor-piercing ammunition 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(b)(1) Willful sale by licensee to juvenile (cf. § 922(x)(1)) 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(b)(2) Willful sale by licensee to person in violation of state law 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(b)(3) Willful sale by licensee to out-of-state recipient 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(b)(4) Willful sale by licensee of certain prohibited weapons 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(b)(5) Willful sale by licensee without proper record-keeping 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(d) Knowing sale to prohibited person 10 years (§ 924(a)(2))
18 U.S.C. § 922(e) Willful delivery of firearm to common carrier without written notice 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(g) Knowing possession of firearm by prohibited person 10 years (§ 924(a)(2))
18 U.S.C. § 922(i) Knowing shipment or transport of stolen firearm 10 years (§ 924(a)(2))
18 U.S.C. § 922(j) Knowing possession, etc., of stolen firearm (cf. § 922(u), § 924( l ), (m)) 10 years (§ 924(a)(2))
18 U.S.C. § 922(k) Knowing possession, receipt, shipment, or transport of firearm with altered or obliterated serial number (cf. 26 U.S.C. § 5861(g), (h), (i)) 5 years (§ 924(a)(1)(B))
18 U.S.C. § 922( l ) Knowing importation or receipt of firearms (cf. 26 U.S.C. § 5861(k)) 5 years (§ 924(a)(1)(C))
18 U.S.C. § 922(m) Knowing falsification of records by licensee (cf. 26 U.S.C. § 5861( l )) 1 year (§ 924(a)(3))
18 U.S.C. § 922(n) Knowing shipment, transport, or receipt of firearm by person under felony indictment 5 years (§ 924(a)(1)(D))
18 U.S.C. § 922(o) Knowing possession of machine gun 10 years (§ 924(a)(2))
18 U.S.C. § 922(p) Knowing manufacture, importation, sale, shipment, or possession of firearms designed to avoid detection 5 years (§ 924(f))
18 U.S.C. § 922(q)(2), (3) Knowing possession or knowing or reckless discharge of firearm in school zone 5 years consecutive (§ 924(a)(4))
18 U.S.C. § 922(r) Knowing assembly of shotgun or semiautomatic rifle from imported parts 5 years (§ 924(a)(1)(B))
18 U.S.C. § 922(s) Knowing sale or transfer of handgun without background check 1 year (§ 924(a)(5))
18 U.S.C. § 922(t) Knowing transfer of firearm without background check 1 year (§ 924(a)(5))
18 U.S.C. § 922(u) Knowing theft of firearms from licensee (cf. § 922(j), § 924( l ), (m)) 10 years (§ 924(i))
18 U.S.C. § 922(v) Knowing possession, transfer, or manufacture of semiautomatic assault weapon 5 years (§ 924(a)(1)(B))
18 U.S.C. § 922(w) Knowing possession or transfer of large capacity ammunition feeding device 5 years (§ 924(a)(1)(B))
18 U.S.C. § 922(x)(1) Sale or transfer of handgun to juvenile (mens rea varies) (cf. § 922(b)(1)) 1 or 10 years (§ 924(a)(6)(B))
18 U.S.C. § 922(x)(2) Knowing possession of handgun by juvenile 1 year (§ 924(a)(6)(A))
18 U.S.C. § 924(a)(1)(A) Knowing making of false statements (cf. § 922(a)(6), 26 U.S.C. § 5861( l )) 5 years (§ 924(a)(1)(A))
18 U.S.C. § 924(a)(3)(A) Knowing making of false statements by licensee (cf. § 922(m)) 1 year (§ 924(a)(3))
18 U.S.C. § 924(b) Shipping, transport, or receipt of firearm with intent to commit felony 10 years (§ 924(b))
18 U.S.C. § 924(c) Carrying, using, or possessing firearm in connection with crime of violence or drug trafficking crime 5, 7, 10, 25, or 30 year consecutive mandatory minimum
18 U.S.C. § 924(e) Armed Career Criminal Act: person convicted under § 922(g) who has three prior convictions for serious drug offenses or violent felonies 15 years mandatory minimum (§ 924(e))
18 U.S.C. § 924(g) Interstate travel to acquire or transfer firearm with intent to commit specified offenses 10 years (§ 924(g))
18 U.S.C. § 924(h) Transfer of firearm knowing it will be used to commit specified offenses 10 years (§ 924(h))
18 U.S.C. § 924(j) Causing death during § 924(c) violation Death, life, or any term of years (§ 924(j))
18 U.S.C. § 924(k) Smuggling firearm into U.S. with intent to commit specified offenses 10 years (§ 924(k))
18 U.S.C. § 924( l ) Theft of firearm (cf. § 922(j), (u), § 924(m)) 10 years (§ 924( l ))
18 U.S.C. § 924(m) Theft of firearm from licensee (cf. § 922(j), (u), § 924( l )) 10 years (§ 924(m))
18 U.S.C. § 924(n) Travel into or within U.S. with intent to violate § 922(a)(1)(A) 10 years (§ 924(n))
18 U.S.C. § 924(o) Conspiracy to violate § 924(c) 20 years or more (§ 924(o))
18 U.S.C. § 929(a) § 924(c) violation while in possession of armor-piercing ammunition 5 years consecutive mandatory minimum
18 U.S.C. § 930(a) Knowing possession of firearm in federal facility 1 year (§ 930(a))
26 U.S.C. § 5861(a) Failure to register as dealer, manufacturer, or importer, or to pay required tax (cf. 18 U.S.C. § 922(a)(1)) 10 years (§ 5871)
26 U.S.C. § 5861(b) Receipt or possession of firearm transferred in violation of chapter 10 years (§ 5871)
26 U.S.C. § 5861(c) Receipt or possession of firearm made in violation of chapter 10 years (§ 5871)
26 U.S.C. § 5861(d) Receipt or possession of unregistered firearm 10 years (§ 5871)
26 U.S.C. § 5861(e) Transfer of firearm in violation of chapter 10 years (§ 5871)
26 U.S.C. § 5861(f) Making of firearm in violation of chapter 10 years (§ 5871)
26 U.S.C. § 5861(g) Obliteration, alteration or removal of serial number (cf. 18 U.S.C. § 922(k)) 10 years (§ 5871)
26 U.S.C. § 5861(h) Receipt or possession of firearm with obliterated, removed, or altered serial number (cf. 18 U.S.C. § 922(k)) 10 years (§ 5871)
26 U.S.C. § 5861(i) Receipt or possession of firearm unidentified by serial number (cf. 18 U.S.C. § 922(k)) 10 years (§ 5871)
26 U.S.C. § 5861(j) Transport, delivery, or receipt of unregistered firearm 10 years (§ 5871)
26 U.S.C. § 5861(k) Receipt or possession of unlawfully imported firearm (cf. 18 U.S.C. § 922( l )) 10 years (§ 5871)
26 U.S.C. § 5861( l ) Knowingly making false entry on application or record (cf. 18 U.S.C. §§ 922(m), 924(a)(1)(A), 924(a)(3)) 10 years (§ 5871)
Selected Offenses Involving Use Selected Offenses Involving Manufacture
18 U.S.C. § 36 18 U.S.C. § 922(a)(7)
18 U.S.C. § 111 18 U.S.C. § 922(p)
18 U.S.C. § 112 18 U.S.C. § 922(r)
18 U.S.C. § 924(c) 18 U.S.C. § 922(v)
18 U.S.C. § 2113(d) 26 U.S.C. § 5861(f)
18 U.S.C. § 2114  
  Selected Offenses Involving False Statements
Selected Offenses Involving Possession, Receipt 18 U.S.C. § 922(a)(6)
18 U.S.C. § 922(a)(3) 18 U.S.C. § 922(m)
18 U.S.C. § 922(g) 18 U.S.C. § 924(a)(1)(A)
18 U.S.C. § 922(j) 18 U.S.C. § 924(a)(3)(A)
18 U.S.C. § 922(k) 26 U.S.C. § 5861( l )
18 U.S.C. § 922( l )  
18 U.S.C. § 922(n) Guideline Enhancements for Firearms, Dangerous Weapons
18 U.S.C. § 922(o) U.S.S.G. § 2A2.2(b)(2) Aggravated assault
18 U.S.C. § 922(p) U.S.S.G. § 2A2.3(a)(1) Minor assault
18 U.S.C. § 922(q) U.S.S.G. § 2A2.4(b)(1) Obstructing or impeding officers
18 U.S.C. § 922(v) U.S.S.G. § 2A3.1(b)(1) Criminal sexual abuse
18 U.S.C. § 924(b), (c) U.S.S.G. § 2A4.1(b)(3) Kidnapping
26 U.S.C. § 5861(b), (c), (d), (h), (i), (j), (k) U.S.S.G. § 2A6.2(b)(1) Stalking or domestic violence
  U.S.S.G. § 2B1.1(c)(1) Theft
Selected Offenses Involving Sale, Transfer U.S.S.G. § 2B2.1(b)(3) Burglary
18 U.S.C. § 922(a)(5), (8) U.S.S.G. § 2B2.1(b)(4) Burglary
18 U.S.C. § 922(b)(1), (2), (3), (4), (5) U.S.S.G. § 2B2.3(b)(2) Trespass
18 U.S.C. § 922(d) U.S.S.G. § 2B3.1(b)(2) Robbery
18 U.S.C. § 922(j) U.S.S.G. § 2B3.2(b)(3) Extortion
18 U.S.C. § 922(s), (t) U.S.S.G. § 2B5.1(b)(3) Counterfeiting
18 U.S.C. § 922(x) U.S.S.G. § 2D1.1(b)(1) Drugs
18 U.S.C. § 924(h) U.S.S.G. § 2D1.11(b)(1) Listed chemicals
26 U.S.C. § 5861(e) U.S.S.G. § 2E2.1(b)(1) Extortionate credit
  U.S.S.G. § 2F1.1(b)(6) Fraud
Selected Offenses Involving Shipping, Transport U.S.S.G. § 2H4.1(b)(2) Peonage, involuntary servitude
18 U.S.C. § 922(a)(2), (3), (4), (5) U.S.S.G. § 2L1.1(b)(4) Alien smuggling
18 U.S.C. § 922(i) U.S.S.G. § 2P1.2(a)(1) Prison contraband
18 U.S.C. § 922(k) U.S.S.G. § 5K2.6 Weapons
18 U.S.C. § 922(n) U.S.S.G. § 5K2.17 High-capacity semiautomatic firearms
18 U.S.C. § 922(p)  
18 U.S.C. § 924(b)  
26 U.S.C. § 5861(j)  

 

Dec 24

Are you an enemy of the state?

At the National Review: Democrats and Totalitarianism in 2016

An enemy of the state? That’s the Democrats’ theme for the New Year: totalitarianism.

via From the Barrel of a Gun

Dec 23

QOTD

Bayou Renaissance Man: Big Brother is alive and well in New York on a proposal to regulate ammo sales in NY state.

It’s like trying to combat drunk drivers by controlling how much gasoline every driver can buy over a given period, whether they’re drunk or not. 

Dec 23

I had the same kneejerk reaction…

regarding VA’s decision to stop recognizing CCW permits from 25 other states.

From the Barrel of a Gun: My initial kneejerk reaction…

Dec 22

Making progress

I got the blogroll and the RSS reader list more or less fixed.

It’s been my policy to run a reciprocal blogroll here.  If you list me, say the word and I’ll list you.

Dec 22

What no one’s mentioned about HR1076 – Denying Firearms to Terrorists Act

At least I haven’t seen nor heard about this aspect of the proposed law anywhere…

 

HR1076 – and its very similar Senate version – both contain a provision that would modify 18 USC 922(g) making it illegal to possess, receive, or transport a firearm or ammunition upon being notified that you are, in effect, on the watch list.

Presumably this notification could and would occur during the process of appealing a NICS denial.  The FFL won’t know why the transfer is delayed or denied, just that it is.  You’d have to challenge the denial yourself, and you are supposed to be provided with a reason for the delay or denial and be given the opportunity to correct any erroneous disqualifying information.

HR1076 would allow the government to withhold information from you on the grounds of national security.

So not only can the government declare you a suspected terrorist for no legitimate reason, you could find yourself unable to receive a firearm from or through an FFL, with no remedial means even approaching due process (since the government doesn’t have to tell you how or why you got onto the list or what you can do to correct it), but now you’re also a prohibited possessor under 18 USC 922 (g)(10) and any existing firearms or ammunition currently in your possession are now illegal and could result in felony charges.

Perhaps that’s the plan.

Dec 18

What I’ve done this past year or so.

Rescued a grandson from a “less than ideal” environment.  Got re-involved with ham (amateur) radio.  Avoided a lay-off and changed employers.  Adopted my grandson.  Started and stopped blogging about five times.  Separated from my wife.  Damned near got divorced.  Stopped blogging.  Stopped reading the blogs.  Stopped watching the news for awhile.  Bought a new boat.  Got laid off.  (Yeah, that job didn’t last long).  Reconciled with my wife and moved to North Carolina.  Quit bitching (at least to my wife) about the government.  Joined a local ham radio club, but still haven’t unpacked the rigs and set them up.  Decided to start blogging again so I’d have a place – other than home – to let off steam.

I guess I should look for a job.  I don’t know what I want to do, but I’m pretty sure I don’t want to do the computer networking thing anymore.

Dec 18

And we’re back…

Gonna give this blogging thing another try.