§934 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If a person is convicted of violating section 932 or 933, they must give up to the United States any property that came from the crime and any property used, or meant to be used, to commit or help commit the crime, even if state law would say otherwise. For forfeiture of firearms or ammunition, section 924(d) applies. The court must order this when it sentences the person. A convicted person can also be fined up to the larger of the usual fine allowed under this part or an amount equal to twice the total gross profits or other proceeds from the offense.

Title 18, §934

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)(1)Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law—

(A)any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and

(B)any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation, except that for any forfeiture of any firearm or ammunition pursuant to this section, section 924(d) shall apply.

(2)The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1).

(b)A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of—

(1)the fine otherwise authorized by this part; or

(2)the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.

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Construction

Nothing in section 12004(a)(1) of Pub. L. 117–159, which enacted this section, to be construed to allow the establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions, see section 12004(k) of Pub. L. 117–159, set out as a note under section 922 of this title.

§934 Forfeiture and fines

Summary

Title 18, §934

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Construction

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