US Code

Public Law 119-73 (01/23/2026)

40 U.S.C. § 5109

Penalties

(a)

Firearms, Dangerous Weapons, Explosives, or Incendiary Device Offenses .—

section 5104(e)(1) of this titleAn individual or group violating , 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 .—

60 Stat. 719An action for a violation of this chapter or section 9, 9A, 9B, 9C or 14 of the Act of (ch. 707, , 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 sections 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)
section 5104(e)(1) of this title or for conduct that constitutes a felony under federal law or the laws of the District of Columbia shall be brought in the United States District Court for the District of Columbia; and
(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.

Pub. L. 107–217116 Stat. 1178(, , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

5109

40:193h.

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.

Public Law 88–6077 Stat. 77Public Law 91–35885 Stat. 570In 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 sections 1 and 7 of the Act of (, , 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (, ).

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

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