Page:United States Statutes at Large Volume 119.djvu/2119

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[119 STAT. 2101]
[119 STAT. 2101]
PUBLIC LAW 109-000—MMMM. DD, 2005

PUBLIC LAW 109–92—OCT. 26, 2005

119 STAT. 2101

‘‘(A) SUSPENSION OR REVOCATION OF LICENSE; CIVIL PENALTIES.—With respect to each violation of section 922(z)(1) by a licensed manufacturer, licensed importer, or licensed dealer, the Secretary may, after notice and opportunity for hearing— ‘‘(i) suspend for not more than 6 months, or revoke, the license issued to the licensee under this chapter that was used to conduct the firearms transfer; or ‘‘(ii) subject the licensee to a civil penalty in an amount equal to not more than $2,500. ‘‘(B) REVIEW.—An action of the Secretary under this paragraph may be reviewed only as provided under section 923(f). ‘‘(2) ADMINISTRATIVE REMEDIES.—The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) shall not preclude any administrative remedy that is otherwise available to the Secretary.’’. (3) LIABILITY; EVIDENCE.— (A) LIABILITY.—Nothing in this section shall be construed to— (i) create a cause of action against any Federal firearms licensee or any other person for any civil liability; or (ii) establish any standard of care. (B) EVIDENCE.—Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action relating to section 922(z) of title 18, United States Code, as added by this subsection. (C) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(z) of that title. (d) EFFECTIVE DATE.—This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

18 USC 922 note.

18 USC 922 note.


(a) UNLAWFUL ACTS.—Section 922(a) of title 18, United States Code, is amended by striking paragraphs (7) and (8) and inserting the following: ‘‘(7) for any person to manufacture or import armor piercing ammunition, unless— ‘‘(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State; ‘‘(B) the manufacture of such ammunition is for the purpose of exportation; or ‘‘(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General; ‘‘(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery—

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