When the FBI Comes Calling…®
TRAFFICKING IN ILLICIT ARMS (continued)
18 U.S.C. § 922 (2006)
Section 922 is a massive and convoluted statute, so for simplicity's sake, we will only discuss the sections that are particularly relevant to transnational violations.
It is a crime under section 922 for any person,
- except a licensed importer, licensed manufacturer, or licensed dealer,
- to engage in the business of importing, manufacturing, or dealing in firearms, or
- in the course of such business, to ship, transport, or receive any firearm in interstate or foreign commerce; 18 U.S.C. § 922(a)(1)(A); or
- except a licensed importer or licensed manufacturer,
- to engage in the business of importing or manufacturing ammunition, or
- in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; Is. § 922(a)(1)(B);
- for any properly licensed importer, manufacturer, dealer, or collector,
- to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, subject to 3 exceptions. Id. § 922(a)(2)
- for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector,
- to transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle; Id. § 922(a)(4);
- for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector,
- knowingly to make any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition; Id. § 922(a)(6);
- for any person to manufacture or import armor piercing ammunition, unless—
- the manufacture of such ammunition is for the use of the United States;
- the manufacture of such ammunition is for the purpose of exportation; or
- the manufacture or importation of such ammunition is for testing or experimental purposes; Id. § 922(a)(7);
- for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery—
- is for the use of the United States
- is for the purpose of exportation
- is for the purpose of testing or experimentation and has been authorized; Id. § 922(a)(8);
It is also a crime for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
- is an illegal or unlawful alien; Id. § 922(d)(5); or
- is a former citizen of the United States who has renounced his citizenship. Id § 922(d)(7).
Another crime covered by section 922 is that it is a crime for any person knowingly
- to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce,
- to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors,
- any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported. Id. § 922(e).
It is also a crime to ship or transport in interstate or foreign commerce, or possess in or affect commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, if the person—
- has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;Id. § 922(g)(1);
- is an illegal alien; Id. § 922(g)(5); or
- is a former citizen who renounced his citizenship; Id. § 922(g)(7).
Furthermore, it is a crime for a person to
- transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen; Id. § 922(i);
- receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, which is
- moving as,
- a part of,
- constitutes, or
- has been shipped or transported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen. Id. § 922(j).
- knowingly transport, ship, or receive, in interstate or foreign commerce, any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered, or to possess or receive such an item. Id. § 922(k).
- knowingly import or bring into the United States any firearm or ammunition, or to knowingly receive any illegally entered firearm or ammunition, except as provided by 18 U.S.C. § 925(d). Id. § 922(l).