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

18 U.S.C. § 929

Use of restricted ammunition

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(a)(1) Whoever, during and in relation to the commission of a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm, shall, in addition to the punishment provided for the commission of such crime of violence or drug trafficking crime be sentenced to a term of imprisonment for not less than five years.(2) For purposes of this subsection, the term “drug trafficking crime” means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.(b) Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this section, nor place the person on probation, nor shall the terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed.(Added Pub. L. 98–473, title II, § 1006(a), Oct. 12, 1984, 98 Stat. 2139; amended Pub. L. 99–308, § 108, May 19, 1986, 100 Stat. 460; Pub. L. 99–408, § 8, Aug. 28, 1986, 100 Stat. 921; Pub. L. 100–690, title VI, § 6212, title VII, § 7060(b), Nov. 18, 1988, 102 Stat. 4360, 4404; Pub. L. 107–273, div. B, title IV, § 4002(c)(4), Nov. 2, 2002, 116 Stat. 1809; Pub. L. 109–304, § 17(d)(4), Oct. 6, 2006, 120 Stat. 1707.)Editorial NotesReferences in Text

The Controlled Substances Act, referred to in subsec. (a)(2), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

The Controlled Substances Import and Export Act, referred to in subsec. (a)(2), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables.

Amendments

2006—Subsec. (a)(2). Pub. L. 109–304 substituted “chapter 705 of title 46” for “the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)”.

2002—Subsec. (b). Pub. L. 107–273 struck out at end “No person sentenced under this section shall be eligible for parole during the term of imprisonment imposed herein.”

1988—Subsec. (a)(1). Pub. L. 100–690, § 7060(b), substituted “trafficking crime” for “trafficking crime,” in three places.

Subsec. (a)(2). Pub. L. 100–690, § 6212, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this subsection, the term ‘drug trafficking crime’ means any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”

1986—Subsec. (a). Pub. L. 99–408, § 8(1), substituted “violence (including” for “violence including”, “device) for” for “device for”, “a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm” for “any handgun loaded with armor-piercing ammunition as defined in subsection (b)”, and “five years” for “five nor more than ten years”, and struck out provisions relating to suspension of sentence, probation, concurrent sentence and parole eligibility of any person convicted under this subsection.

Pub. L. 99–308 designated existing provision as par. (1), substituted “violence or drug trafficking crime,” for “violence” in three places, and added par. (2).

Subsec. (b). Pub. L. 99–408, § 8(2), amended subsec. (b) generally, substituting provisions that the court may not suspend sentence of any person convicted of a violation of this section or place the person on probation, that term of imprisonment may not run concurrently with other terms of imprisonment, and that the person is not eligible for parole during term of imprisonment, for provisions defining “armor-piercing ammunition” and “handgun”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1993–2025 · leading case: United States v. Joseph Simms, 914 F.3d 229 (4th Cir. 2019).
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United States v. Joseph Simms, 914 F.3d 229 (4th Cir. 2019). · cites it 2× “, 18 U.S.C. § 929 (a)(2) (criminalizing use of armor-piercing ammunition “during and in relation to the commission of a crime of violence”); 18 U.”
United States v. Melvin Gordon, 838 F.3d 597 (5th Cir. 2016). “§ 924 (c) or 18 U.S.C. § 929 (a) out of the purview of the subsection.”
United States v. Fulford, 267 F.3d 1241 (11th Cir. 2001). “§ 924 (c)(1)(A) (also permitting conviction for a defendant “who, in furtherance of any such crime, possesses a firearm”); 18 U.S.C. § 929 (a). We hold that because § 3559(c)(2)(D) refers only to the elements of the offense on which the enhanced statute is to be predicated, the…”
United States v. Emanuel Marseille, 377 F.3d 1249 (11th Cir. 2004). “§ 924 (c) or 18 U.S.C. § 929 (a) 12 out of the purview of the subsection.”
United States v. Silva, 554 F.3d 13 (1st Cir. 2009). “§ 1028 (b)(3)(A); 18 U.S.C. § 929 (a)(2). Thus, under the plain language of U.”
United States v. Matthew Stafford, 416 F.3d 1068 (9th Cir. 2005). “It is illegal to possess armor-piercing ammunition ( 18 U.S.C. § 929 ), to possess an unregistered grenade launcher ( 26 U.”
United States v. Alfonso Lopez, Jr., 2 F.3d 1342 (5th Cir. 1993). “At the same time 18 U.S.C. § 929 (a) was enacted providing enhanced punishment for whoever uses or carries a "handgun” loaded with "armor piercing ammunition” during or in relation to "the commission of a crime of violence .”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008). “§ 924 (e)(1) Possession of a firearm or ammunition by a fugitive or 15 years addict who has three convictions for violent felonies or drug offenses 18 U.S.C. § 929 (a)(1) Carrying firearm during violent crime/drug trafficking, 5 year enhancement penalty enhancement 18 U.”
United States v. Roland J. Bailey, United States of Am. v. Candisha Summerita Robinson A/K/A Candysha Robinson, 36 F.3d 106 (D.C. Cir. 1994). “18 U.S.C. § 929 (a) (additional punishment for one who “uses or carries a firearm and is in possession of armour piercing ammunition”) (emphasis added).”
United States v. Bazile, 209 F.3d 1205 (10th Cir. 2000). “” 18 U.S.C.A. § 929 (a) (West Supp.1999). We recognize that a Guideline may not trump clear statutory language.”
United States v. Daniel Canter, 664 F. App'x 347 (4th Cir. 2016). · cites it 2× “§ 924 (c) (2012) and 18 U.S.C. § 929 (a) (2012). USSG § 4Bl.l(c).”
United States v. Winbush, 264 F. Supp. 2d 1013 (N.D. Fla. 2003). “The portion of the statute omitted in the quotation in the text, as indicated by the ellipses, is a citation to 18 U.S.C. § 929 (a), which prohibits use of restricted ammunition.”
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