40 U.S.C. § 5109: Penalties

Summary

Sets the punishments for breaking certain rules about weapons and other prohibited conduct. If someone breaks 5104(e)(1) by bringing firearms, dangerous weapons, explosives, or incendiary devices, or tries to, they can be fined under Title 18 of the U.S. Code, jailed for up to 5 years, or both. For violations or attempts of 5103 or 5104(b), (c), (d), (e)(2), or (f), the punishment is a Title 18 fine, jail for up to 6 months, or both. Requires the Attorney General to bring these cases in the name of the United States. Attempts and conspiracies are treated the same as the crimes. These rules do not replace other federal or District of Columbia laws, and a person can be charged under both. Cases involving 5104(e)(1) or conduct that is a felony under federal or D.C. law go to the U.S. District Court for the District of Columbia. Other covered cases may be heard in the Superior Court of the District of Columbia. If someone is convicted under more than one law, the court may impose the largest penalty allowed by any of the laws violated.

Title 40, §5109

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(a)Firearms, Dangerous Weapons, Explosives, or Incendiary Device Offenses.—

An individual or group violating section 5104(e)(1) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than five years, or both.

(b)Other Offenses.—

A person violating section 5103 or 5104(b), (c), (d), (e)(2), or (f) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than six months, or both.

(c)Procedure.—

(1)In general.—

An action for a violation of this chapter or section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), including an attempt or a conspiracy to commit a violation, shall be brought by the Attorney General in the name of the United States. This chapter and section 9, 9A, 9B, 9C and 14 do not supersede any provision of federal law or the laws of the District of Columbia. Where the conduct violating this chapter or section 9, 9A, 9B, 9C or 14 also violates federal law or the laws of the District of Columbia, both violations may be joined in a single action.

(2)Venue.—

An action under this section for a violation of— (A)

(B)any other section referred to in subsection (a) may be brought in the Superior Court of the District of Columbia.

(3)Amount of penalty.—

The penalty which may be imposed on a person convicted in an action under this subsection is the highest penalty authorized by any of the laws the defendant is convicted of violating.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 510940:193h.July 31, 1946, ch. 707, § 8, 60 Stat. 719; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, § 1(c), Oct. 20, 1967, 81 Stat. 277. In subsection (a), the words “fined under title 18” are substituted for “a felony punishable by a fine not exceeding $5,000” for consistency with chapter 227 of title 18. In subsection (b), the words “fined under title 18” are substituted for “a misdemeanor punishable by a fine not exceeding $500” for consistency with chapter 227 of title 18. In subsection (c)(1), the words “An action . . . shall be brought” are substituted for [“]shall be prosecuted” for consistency with other titles of the United States Code. The words “the Attorney General” are substituted for “the United States attorney or his assistants” because of 28:509. In subsection (c)(2)(B), the words “Superior Court of the District of Columbia” are substituted for “Municipal Court for the District of Columbia” [subsequently changed to “District of Columbia Court of General Sessions” because of section 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570). In subsection (c)(3), the words “of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia” are omitted as unnecessary.

Editorial Notes

References in Text

section 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (c)(1), are classified to section 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.

§5109 Penalties