Page:United States Statutes at Large Volume 102 Part 4.djvu/847

 PUBLIC LAW 100-649—NOV. 10, 1988

102 STAT. 3817

sion, transfer, receipt, s h i p m e n t, or delivery of a firearm by a licensed m a n u f a c t u r e r or any person acting pursuant to a contract w i t h a licensed m a n u f a c t u r e r, for the purpose of e x a m i n i n g and t e s t i n g such firearm to determine w h e the r paragraph (1) applies to such firearm. The Secretary shall e n s u r e that rules and regulations adopted pursuant to t h i s paragraph do not i m p a i r the m a n u f a c t u r e of prototype firearms or the development of new technology. "(4) The Secretary shall permit the conditional importation of a firearm by a licensed importer or licensed m a n u f a c t u r e r, for examination and testing to determine w h e the r or not the unconditional importation of such firearm would violate this subsection. "(5) This subsection shall not apply to any firearm which— "(A) has been certified by the Secretary of Defense or the Director of C e n t r a l Intelligence, after consultation w i t h the Secretary and the A d m i n i s t r a to r of the Federal Aviation Administration, a s necessary for m i l i t a r y or intelligence applications; and "(B) is m a n u f a c t u r e d for and sold exclusively to military or intelligence agencies of the United States. "(6) This subsection shall not apply with respect to any firearm m a n u f a c t u r e d in, imported into, or possessed in the United States before the date of the e n a c t m e n t of the U n d e t e c t a b l e F i r e a r m s Act of 1988.". (b) PENALTY.—Section 924 of title 18, United States Code, is amended— (1) in subsection (a)(1), by striking " o r (c)" and inserting in lieu thereof ", (c), or (f)"; and (2) by adding a t the end the following: "(f) I n the case of a person who knowingly violates section 922(p), such person shall be fined under this title, or imprisoned not more than 5 years, or both.". (c) CONFORMING AMENDMENTS. — S e c t i o n 925 of title 18, United

States Code, is amended— (1) in subsection (a), by inserting after " chapter " the following: ", except for provisions r e l a t i n g to firearms subject to the prohibitions of section 922(p),"; and (2) by adding a t the end the following: "(f) The Secretary shall not authorize, under subsection (d), the importation of any firearm the importation of which is prohibited by section 922(p).". (d) R E S E A R C H A N D DEVELOPMENT O F IMPROVED A I R P O R T SECURITY

49 USC app.

SYSTEMS.—The A d m i n i s t r a to r of the Federal Aviation Administration shall conduct such r e s e a r c h and development a s may be necessary to improve the effectiveness of a i r p o r t security m e t a l detectors and a i r p o r t security x-ray systems in detecting firearms that, during the 10-year period beginning on the effective date of t h i s Act, a r e subject to the prohibitions of section 922(p) of title 18, United States Code.

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(e) STUDIES TO IDENTIFY EQUIPMENT CAPABLE OF D I S T I N G U I S H I N G SECURITY E X E M P L A R F R O M OTHER M E T A L O B J E C T S LIKELY TO B E CARRIED O N O N E ' S P E R S O N. — The A t to r n e y G e n e r a l, the Secretary of

18 U S C 922 note.

the Treasury, and the Secretary of Transportation shall each conduct studies to identify available state-of-the-art equipment capable of detecting the Security E x e m p l a r (as defined in section 922(p)(2)(C) of title 18, United States Code) and distinguishing the Security E x e m p l a r from innocuous m e t a l objects likely to be carried on one's person. Such studies shall be completed within 6 months after the

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