18 U.S.C. § 917 — Red Cross members or agents

Page 216 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 914 Words ‘‘and upon conviction thereof’’ preceding ‘‘shall be’’ were omitted as surplusage since punishment can- not be imposed until conviction is secured. Maximum imprisonment provision was changed from 1 year to 3 years so as to be consistent with sections 911 and 912 of this title, the latter having also been changed to 3 years. There is no sound reason why a uni- form punishment should not be prescribed for the of- fenses defined in these three sections. Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 914. Creditors of the United States Whoever falsely personates any true and law- ful holder of any share or sum in the public stocks or debt of the United States, or any per- son entitled to any annuity, dividend, pension, wages, or other debt due from the United States, and, under color of such false personation, trans- fers or endeavors to transfer such public stock or any part thereof, or receives or endeavors to receive the money of such true and lawful holder thereof, or the money of any person really enti- tled to receive such annuity, dividend, pension, wages, or other debt, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 742; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 78 (Mar. 4, 1909, ch. 321, § 33, 35 Stat. 1095). Words ‘‘prize money’’ after ‘‘pension’’ were deleted as repealed by act Mar. 3, 1899, ch. 413, 30 Stat. 1007, re- pealing all laws authorizing prize money distribution. Mandatory punishment was rephrased in the alter- native. In the punishment provision the words ‘‘five years’’ were substituted for ‘‘ten years’’ to harmonize it with the punishment provisions in sections 287 and 1001 of this title, covering similar offenses. (See reviser’s note under section 287 of this title.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 915. Foreign diplomats, consuls or officers Whoever, with intent to defraud within the United States, falsely assumes or pretends to be a diplomatic, consular or other official of a for- eign government duly accredited as such to the United States and acts as such, or in such pre- tended character, demands or obtains or at- tempts to obtain any money, paper, document, or other thing of value, shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 232 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (June 15, 1917, ch. 30, title VIII, § 2, 40 Stat. 226; Mar. 28, 1940, ch. 72, § 6, 54 Stat. 80). Reference to ‘‘jurisdiction’’ of the United States was omitted as unnecessary in view of definition of ‘‘United States’’ in section 5 of this title. Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 916. 4–H Club members or agents Whoever, falsely and with intent to defraud, holds himself out as or represents or pretends himself to be a member of, associated with, or an agent or representative for the 4–H clubs, an organization established by the Extension Serv- ice of the United States Department of Agri- culture and the land grant colleges, shall be fined under this title or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103–322, title XXXIII, § 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 76c (June 5, 1939, ch. 184, § 1, 53 Stat. 809). Section 76c of title 18, U.S.C., 1940 ed., was incor- porated in this section and section 707 of this title. Reference to offense as a misdemeanor was omitted in view of definitive section 1 of this title. Words ‘‘upon conviction thereof’’ were omitted, since criminal pun- ishment can follow only after conviction. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $300’’. § 917. Red Cross members or agents Whoever, within the United States, falsely or fraudulently holds himself out as or represents or pretends himself to be a member of or an agent for the American National Red Cross for the purpose of soliciting, collecting, or receiving money or material, shall be fined under this title or imprisoned not more than 5 years, or both. (June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–56, title X, § 1011(c), Oct. 26, 2001, 115 Stat. 396.) HISTORICAL AND REVISION NOTES Based on section 4 of title 36, U.S.C., 1940 ed., Patri- otic Societies and Observances (Jan. 5, 1905, ch. 23, § 4, 33 Stat. 600; June 23, 1910, ch. 372, § 1, 36 Stat. 604). Section 4 of title 36, U.S.C., 1940 ed., Patriotic Soci- eties and Observances, was divided into this section and section 706 of this title. Reference to ‘‘jurisdiction’’ of the United States was omitted as unnecessary in view of definition of ‘‘United States’’ in section 5 of this title. Reference to offense as a misdemeanor was omitted in view of definitive section 1 of this title. Words ‘‘upon conviction thereof’’ were omitted as punishment cannot be imposed until conviction is se- cured. Page 217 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 921 Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2001—Pub. L. 107–56 substituted ‘‘5 years’’ for ‘‘one year’’. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. CHAPTER 44—FIREARMS Sec. 921. Definitions. 922. Unlawful acts. 923. Licensing. 924. Penalties. 925. Exceptions: Relief from disabilities. 925A. Remedy for erroneous denial of firearm. 925B. Reporting of background check denials to State authorities. 925C. Annual report to Congress. 925D. Special assistant U.S. attorneys and cross- deputized attorneys. 926. Rules and regulations. 926A. Interstate transportation of firearms. 926B. Carrying of concealed firearms by qualified law enforcement officers. 926C. Carrying of concealed firearms by qualified retired law enforcement officers. 927. Effect on State law. 928. Separability. 929. Use of restricted ammunition. 930. Possession of firearms and dangerous weapons in Federal facilities. 931. Prohibition on purchase, ownership, or pos- session of body armor by violent felons. 932. Straw purchasing of firearms. 933. Trafficking in firearms. 934. Forfeiture and fines. Editorial Notes AMENDMENTS 2022—Pub. L. 117–159, div. A, title II, § 12004(a)(6), June 25, 2022, 136 Stat. 1329, added items 932 to 934. Pub. L. 117–103, div. W, title XI, §§ 1101(d), 1102(b), 1103(b), Mar. 15, 2022, 136 Stat. 920, 921, added items 925B to 925D. 2004—Pub. L. 108–277, §§ 2(b), 3(b), July 22, 2004, 118 Stat. 866, 867, added items 926B and 926C. 2002—Pub. L. 107–273, div. C, title I, § 11009(e)(2)(B), Nov. 2, 2002, 116 Stat. 1821, added item 931. 1993—Pub. L. 103–159, title I, § 104(b), Nov. 30, 1993, 107 Stat. 1543, added item 925A. 1990—Pub. L. 101–647, title XXXV, § 3523, Nov. 29, 1990, 104 Stat. 4924, struck out ‘‘clause’’ after ‘‘Separability’’ in item 928. 1988—Pub. L. 100–690, title VI, § 6215(b), Nov. 18, 1988, 102 Stat. 4362, added item 930. 1986—Pub. L. 99–308, § 107(b), May 19, 1986, 100 Stat. 460, added item 926A. 1984—Pub. L. 98–473, title II, § 1006(b), Oct. 12, 1984, 98 Stat. 2139, added item 929. 1968—Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1214, reenacted chapter analysis without change. Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 226, added chapter 44 and items 921 to 928. Executive Documents TRACING OF FIREARMS IN CONNECTION WITH CRIMINAL INVESTIGATIONS Memorandum of President of the United States, Jan. 16, 2013, 78 F.R. 4301, which requires Federal law en- forcement agencies to ensure that all firearms recov- ered after Jan. 16, 2013, in the course of criminal inves- tigations and taken into Federal custody are traced through the Bureau of Alcohol, Tobacco, Firearms, and Explosives at the earliest time practicable, was edi- torially reclassified and is set out as a note under sec- tion 40901 of Title 34, Crime Control and Law Enforce- ment. PROMOTING SMART GUN TECHNOLOGY Memorandum of President of the United States, Jan. 4, 2016, 81 F.R. 719, which requires the Department of Defense, the Department of Justice, and the Depart- ment of Homeland Security to conduct or sponsor re- search into gun safety technology, review such re- search, and explore potential ways to further its use and development to more broadly improve gun safety, was editorially reclassified and is set out as a note under section 40901 of Title 34, Crime Control and Law Enforcement. § 921. Definitions (a) As used in this chapter— (1) The term ‘‘person’’ and the term ‘‘whoever’’ include any individual, corporation, company, association, firm, partnership, society, or joint stock company. (2) The term ‘‘interstate or foreign commerce’’ includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not includ- ing the Canal Zone) or the District of Columbia, but such term does not include commerce be- tween places within the same State but through any place outside of that State. The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the posses- sions of the United States (not including the Canal Zone). (3) The term ‘‘firearm’’ means (A) any weapon (including a starter gun) which will or is de- signed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. (4) The term ‘‘destructive device’’ means— (A) any explosive, incendiary, or poison gas— (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incen- diary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices de- scribed in the preceding clauses; (B) any type of weapon (other than a shot- gun or a shotgun shell which the Attorney General finds is generally recognized as par- ticularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propel- lant, and which has any barrel with a bore of more than one-half inch in diameter; and (C) any combination of parts either designed or intended for use in converting any device into any destructive device described in sub- paragraph (A) or (B) and from which a destruc- tive device may be readily assembled. The term ‘‘destructive device’’ shall not include any device which is neither designed nor rede-