U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 44— FIREARMS

18 U.S.C. § 926

Rules and regulations

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(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license;(2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; and(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Secretary’s 11 So in original. Probably should be “Attorney General’s”. authority to inquire into the disposition of any firearm in the course of a criminal investigation.(b) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations.(c) The Attorney General shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 845(a)(5) of this title to complete affidavits or forms attesting to that exemption.(Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 234; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1226; Pub. L. 99–308, § 106, May 19, 1986, 100 Stat. 459; Pub. L. 103–322, title XI, § 110401(d), Sept. 13, 1994, 108 Stat. 2015; Pub. L. 107–296, title XI, § 1112(f)(6), Nov. 25, 2002, 116 Stat. 2276.)Editorial NotesReferences in Text

The date of the enactment of the Firearms Owners’ Protection Act, referred to in subsec. (a), is the date of enactment of Pub. L. 99–308, which was approved May 19, 1986.

Amendments

2002—Subsecs. (a) to (c). Pub. L. 107–296 substituted “Attorney General” for “Secretary”.

1994—Subsec. (a)(3). Pub. L. 103–322 added par. (3).

1986—Subsec. (a). Pub. L. 99–308, § 106(1)–(4), designated existing provision as subsec. (a), and in subsec. (a) as so designated, in provision preceding par. (1) substituted “may prescribe only” for “may prescribe” and “as are” for “as he deems reasonably”, and in closing provision substituted provision that no rule or regulation prescribed after May 19, 1986, require that records required under this chapter be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, nor any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established and that nothing in this section expand or restrict the authority of the Secretary to inquire into the disposition of any firearm in the course of a criminal investigation for provision that the Secretary give reasonable public notice, and afford an opportunity for a hearing, prior to prescribing rules and regulations.

Subsecs. (b), (c). Pub. L. 99–308, § 106(5), added subsecs. (b) and (c).

1968—Pub. L. 90–618 inserted provisions authorizing the Secretary to prescribe regulations requiring a licensee, when dealing with another licensee, to provide such other licensee a certified copy of the license, and regulations authorizing the issuance of certified copies of the license required under this chapter.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–308 effective 180 days after May 19, 1986, see section 110(a) of Pub. L. 99–308, set out as a note under section 921 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–618 effective Dec. 16, 1968, see section 105 of Pub. L. 90–618, set out as a note under section 921 of this title.

Effective Date

Section effective 180 days after June 19, 1968, see section 907 of Pub. L. 90–351, set out as a note under section 921 of this title.

Notes of Decisions
Cited in 80 cases (28 in the last 5 years), 1989–2025 · leading case: Guedes v. Bureau of Alcohol, Tobacco, Firearms, 920 F.3d 1 (D.C. Cir. 2019).
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Guedes v. Bureau of Alcohol, Tobacco, Firearms, 920 F.3d 1 (D.C. Cir. 2019). · cites it 5× “The Bureau further assured that individuals would be subject to "criminal liability only for possessing bump-stock-type devices af ter the effective date of regulation, not for possession before that date.”
Guedes v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 356 F. Supp. 3d 109 (D.C. Cir. 2019). · cites it 6× “Guedes also argues that ATF violated certain procedural requirements in 18 U.S.C. § 926 (b), which grants the agency rulemaking authority.”
Nat'l Shooting Sports Found., Inc. v. Jones, 716 F.3d 200 (D.C. Cir. 2013). · cites it 5× “” 18 U.S.C. § 926 (a). 4 In February 2008, William Hoover (Hoover), the ATF Assistant Director for Field Operations, testified before a subcommittee of the United States House of Representatives regarding an “increased incidence of firearms trafficking to Mexico” from the United…”
McCutchen v. United States, 14 F.4th 1355 (Fed. Cir. 2021). · cites it 5× “UNITED STATES 7 In 18 U.S.C. § 926 (a), Congress has granted the Attor- ney General the authority to promulgate rules and regula- tions “necessary to carry out” chapter 44 of Title 18, U.”
Gun Owners of Am., Inc. v. Merrick B. Garland, 19 F.4th 890 (6th Cir. 2021). · cites it 6× “18 U.S.C. § 926 (a). The Gun Control Act makes it unlawful to transfer or possess a “machinegun” as defined in § 5845(b).”
Blaustein & Reich, Inc. v. Buckles, 220 F. Supp. 2d 535 (E.D. Va. 2002). · cites it 10× “Plaintiff argued in its Opposition Brief that the demand letter is improper for the following five 7 reasons: (1) It violates 18 USC § 923 (g)(7) because the demand letter is not linked to a bona fide criminal investigation; (2) It violates 18 USC § 926 (a) because the demand…”
Aposhian v. Barr, 958 F.3d 969 (10th Cir. 2020). · cites it 2× “§ 7805 , and one under the GCA, 18 U.S.C. § 926 (a). See Final Rule at 66,515.”
Mock v. Garland, 75 F.4th 563 (5th Cir. 2023). · cites it 2× “§§ 7801 (a)(2)(A), 7805(a); 18 U.S.C. § 926 (a). That authority was subse- quently delegated to the ATF, which promulgates the challenged rule per those Acts.”
J & G Sales Ltd v. Carl J. Truscott, Dir., Bureau of Alcohol, Tobacco, Firearms & Explosives, 473 F.3d 1043 (9th Cir. 2007). · cites it 3× “This arrangement exists at least in part because the Firearm Owners’ Protection Act of 1986 (“FOPA”), see 18 U.S.C. § 926 (a), and a rider that has been attached to every Bureau appropriations bill since 1978, see, e.”
Gun Owners of Am. v. Barr, 363 F. Supp. 3d 823 (W.D. Mich. 2019). · cites it 2× “18 U.S.C. § 926 (a). In turn, the Attorney General has identified the Direction of the Bureau of Alcohol, Tobacco, Firearms and Explosives as responsible for administering, enforcing, and exercising the functions and powers of the Attorney General with respect to Title 18…”
United States v. Atandi, 376 F.3d 1186 (10th Cir. 2004). · cites it 2× “Atan-di, who concedes that he violated the terms of his student status, was no doubt illegally or unlawfully in the United States as that term is defined by regulation.”
Gun Owners of Am., Inc. v. Merrick B. Garland, 992 F.3d 446 (6th Cir. 2021). · cites it 2× “at 66,523 (“Anyone currently in possession of a bump-stock-type device is not acting unlawfully unless they fail to relinquish or destroy their device after the effective date of this regulation.”). The rule also expressly invoked Chevron, id.”
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— 18 U.S.C. § 926(a) — 1 case
Randy Dale Sixta, Appellant, vs. Lincoln Cnty. Sheriff’s Off., Respondent (Minn. Ct. App. 2025).
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