§ 10282. Limitations on benefits

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Omnibus Crime Control and Safe Streets Act of 1968

   Pub. L. 90–351 title I § 1202 · 82 Stat. 197

   Enacted · 34 U.S.C. § 10282

   Pub. L. 90–351, title I, § 1202, as added Pub. L. 98–473, title II, § 609F, Oct. 12, 1984, 98 Stat. 2099

   Source evidence

   Code source credit
   Pub. L. 90–351, title I, § 1202, as added Pub. L. 98–473, title II, § 609F, Oct. 12, 1984, 98 Stat. 2099

   Enacted provision · exact public law section
   Sec. 1202. (a) Any person who— (1) has been convicted by a court of the United States or of a State or any political subdivision thereof of a felony, or (2) has been discharged from the Armed Forces under other than honorable conditions, or (3) has been adjudged by a court of the United States or of a State or any political subdivision thereof of being mentally incompetent, or (4) having been a citizen of the United States has renounced his citizenship, or (5) being an alien is illegally or unlawfully in the United States, and who receives, possesses, or transports in commerce or affecting commerce, after the date of enactment of this Act, any firearm shall Penalty. be fined not more than $10,000 or imprisoned for not more than two years, or both. (b) Any individual who to his knowledge and while being employed by any person who— (1) has been convicted by a court of the United States or of a State or any political subdivision thereof of a felony, or (2) has been discharged from the Armed Forces under other than honorable conditions, or (3) has been adjudged by a court of the United States or of a State or any political subdivision thereof of being mentally incompetent, or (4) having been a citizen of the United States has renounced his citizenship, or (5) being an alien is illegally or unlawfully in the United States, and who, in the course of such employment, receives, possesses, or transports in commerce or affecting commerce, after the date of the enactment of this Act, any firearm shall be fined not more than $10,000 Penalty or imprisoned for not more than two years, or both. (c) As used in this title— Definitions. (1) “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country; (2) “felony” means any offense punishable by imprisonment Post, p. 1236. for a term exceeding one year; (3) “firearm” means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer: or any destructive device. Such term shall include any handgun, rifle, or shotgun; (4) “destructive device” means any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device; and includes any type of weapon which will or is designed to or may readily be converted to expel a projectile by the action of any explosive and having any barrel with a bore of one-half inch or more in diameter; (5) “handgun” means any pistol or revolver originally designed to be fired by the-use of a single hand and which is designed to fire or capable of firing fixed cartridge ammunition, or any other firearm originally designed to be fired by the use of a single hand; (6) “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to live through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger; (7) “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

2. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 title XIII § 1301(b) · 104 Stat. 4789

   Inserted · 34 U.S.C. § 10282(1)(4)

   Pub. L. 101–647 inserted “or catastrophic injury” after “death” wherever appearing

   Source evidence

   Code amendment note
   Pars. (1) to (4). Pub. L. 101–647 inserted “or catastrophic injury” after “death” wherever appearing.

   Enacted provision · exact public law section
   (b) Limitations.— Paragraphs (1), (2), (3), and (4) of section 1202 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) are each amended by inserting “or catastrophic injury” after “death”.

3. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 title XI § 1164(b) · 119 Stat. 2960

   Inserted · 34 U.S.C. § 10282(5)

   Pub. L. 109–162 inserted “with respect” before “to any individual”

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 109–162 inserted “with respect” before “to any individual”.

   Enacted provision · exact public law section
   (b) Clarification of Limitation on Payments in Non-Civilian Cases.— Section 1202(5) of such Act (42 U.S.C. 3796a(5)) is amended by inserting “with respect” before “to any individual”.

4. 2013

   Dale Long Public Safety Officers’ Benefits Improvements Act of 2012

   Pub. L. 112–239 § 1086(b)(1)(C)(i) · 126 Stat. 1632

   Substituted · 34 U.S.C. § 10282

   Pub. L. 112–239, § 1086(b)(1)(C)(i), substituted “fatal” for “death” wherever appearing except in par. (1) following “bring about his”

   Source evidence

   Code amendment note
   Pub. L. 112–239, § 1086(b)(1)(C)(i), substituted “fatal” for “death” wherever appearing except in par. (1) following “bring about his”.

   Enacted provision · exact public law section
   (i) by striking “death”, each place it appears except the second place it appears, and inserting “fatal”; and

5. 2013

   Dale Long Public Safety Officers’ Benefits Improvements Act of 2012

   Pub. L. 112–239 § 1086(b)(1)(C)(ii) · 126 Stat. 1632

   Substituted · 34 U.S.C. § 10282(1)

   Pub. L. 112–239, § 1086(b)(1)(C)(ii), substituted “bring about his death, disability, or injury” for “bring about his death or catastrophic injury”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 112–239, § 1086(b)(1)(C)(ii), substituted “bring about his death, disability, or injury” for “bring about his death or catastrophic injury”.

   Enacted provision · exact public law section
   (ii) in paragraph (1), by striking “or catastrophic injury” the second place it appears and inserting “, disability, or injury”;

6. 2017

   Public Safety Officers’ Benefits Improvement Act of 2017

   Pub. L. 115–36 § 5 · 131 Stat. 849

   1. Amended · 34 U.S.C. § 10282

      Pub. L. 115–36 designated existing provisions as subsec. (a)

   2. Inserted · 34 U.S.C. § 10282

      Pub. L. 115–36 inserted heading

   3. Added · 34 U.S.C. § 10282

      Pub. L. 115–36 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 115–36 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 5. PRESUMPTION THAT OFFICER ACTED PROPERLY.   Section 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended— (1) by striking “No benefit” and inserting the following: “(a) In General.— No benefit” ; and (2) by adding at the end the following: “(b) Presumption.— In determining whether a benefit is payable under this part, the Bureau— “(1) shall presume that none of the limitations described in subsection (a) apply; and “(2) shall not determine that a limitation described in subsection (a) applies, absent clear and convincing evidence.” .

   Effective date note
   Pub. L. 115–36, § 6, June 2, 2017, 131 Stat. 852, provided that: “The amendments made by this Act [enacting section 10288 of this title and amending this section and sections 10285 and 10302 of this title] shall—

8 of 8 references resolved to an enrolled provision