Page:United States Statutes at Large Volume 100 Part 1.djvu/489

 PUBLIC LAW 99-308—MAY 19, 1986

100 STAT. 453

"(o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. "(2) This subsection does not apply with respect to— "(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or "(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.". SEC. 103. AMENDMENTS TO SECTION 923.

Section 923 of title 18, United States Code, is amended— Imports. (1) in subsection (a)— (A) by striking out the first sentence and inserting in lieu thereof "No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, until he has filed an application with and received a license to do so from the Secretary."; and (B) by striking out "and contain such information", and inserting in lieu thereof "and contain only that information necessary to determine eligibility for licensing."; (2) in subsection (a)(3)(B), by striking out "or ammunition for firearms other than destructive devices,"; (3) in subsection (b), by striking out "and contain such information" and inserting in lieu thereof "and contain only that information necessary to determine eligibility"; (4) in subsection (c), by adding at the end "Nothing in this chapter shall be construed to prohibit a licensed manufacturer, importer, or dealer from maintaining and disposing of a personal collection of firearms, subject only to such restrictions as apply in this chapter to dispositions by a person other than a licensed manufacturer, importer, or dealer. If any firearm is so disposed of by a licensee within one year after its transfer from his business inventory into such licensee's personal collection or if such disposition or any other acquisition is made for the purpose of willfully evading the restrictions placed upon licensees by this chapter, then such firearm shall be deemed part of such licensee's business inventory."; (5) in subsection (e), by inserting "willfully" before "violated"; (6) in subsection (f)— (A) in paragraph (3)— (i) by inserting "de novo" before "judicial"; and (ii) by inserting "whether or not such evidence was considered at the hearing held under paragraph (2)." after "to the proceeding"; and (B) by adding at the end the following new paragraph: "(4) If criminal proceedings are instituted against a licensee alleg- Law enforcement ing any violation of this chapter or of rules or regulations prescribed and crime. under this chapter, and the licensee is acquitted of such charges, or such proceedings are terminated, other than upon motion of the Government before trial upon such charges, the Secretary shall be absolutely barred from denying or revoking any license granted under this chapter where such denial or revocation is based in whole or in part on the facts which form the basis of such criminal charges. No proceedings for the revocation of a license shall be

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