Us Code § 40728 - Transfer of firearms, ammunition, and parts
Full text of Us Code United States Code § 40728 — Transfer of firearms, ammunition, and parts, with citation guidance and answers to common questions.
§ 40728. Transfer of firearms, ammunition, and parts
(a)
(1) all firearms on loan to affiliated clubs and State associations;
(2) all firearms in the possession of the Civilian Marksmanship Support Detachment; and
(3) all M–1 Garand and caliber .22 rimfire rifles stored at Defense Distribution Depot, Anniston, Anniston, Alabama.
(b)
(1) to issue or loan firearms or ammunition under section 40731 of this title; or
(2) to sell firearms or ammunition under section 40732 of this title.
(c)
(1) on the issuance of the item to an eligible recipient under section 40731 of this title; or
(2) immediately before the corporation delivers the item to a purchaser in accordance with a contract for sale of the item that is authorized under section 40732 of this title.
(d)
(e)
(f)
(g)
(h)
(2) The Secretary may not transfer more than 10,000 surplus caliber .45 M1911/M1911A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (1) remain available for transfer.
(i)
(2) The items specified for transfer under paragraph (1)—
(A) shall be used as awards for competitors in marksmanship competitions held by the United States Marine Corps or the United States Navy and may not be resold; and
(B) shall be rendered inoperable prior to award and transfer to marksmanship competitors.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1339; Pub. L. 114–92, div. A, title X, §1087(a)(1), Nov. 25, 2015, 129 Stat. 1012; Pub. L. 115–91, div. A, title III, §349, Dec. 12, 2017, 131 Stat. 1366.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40728(a) | 36:5505(a). | Feb. 10, 1996, Pub. L. 104–106, title XVI, §§1615, 1616(b), (c), 110 Stat. 518, 519; Sept. 23, 1996, Pub. L. 104–201, title X, §1073(c)(1), (2), 110 Stat. 2657. |
| 40728(b) | 36:5505(b). | |
| 40728(c) | 36:5505(d). | |
| 40728(d) | 36:5506(b). | |
| 40728(e) | 36:5505(c). | |
| 40728(f) | 36:5506(c). | |
| 40728(g) | 36:5505(e). |
In subsection (a), the words "director of civilian marksmanship (as that position existed under section 4307 of title 10 on February 9, 1996)" are substituted for "Director of the Civilian Marksmanship Program" to avoid confusion with the office of the Director of Civilian Marksmanship created on February 10, 1996, by section 1611(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106, 110 Stat. 516).
In subsection (b), the words "firearms or ammunition" are substituted for "such items" for clarity. In clause (2), the words "to purchasers" are omitted as unnecessary.
In subsection (c)(1), the words "eligible recipient" are substituted for "recipient eligible . . . to receive the item" to eliminate unnecessary words.
In subsection (c)(2), the word "purchaser" is substituted for "purchaser of the item" to eliminate unnecessary words.
In subsection (d), the words "(as that program existed under section 4308(e) of title 10 before February 10, 1996)" are added for clarity. The words "issued, loaned, or sold by the corporation" are substituted for "issued, loaned, or sold by" for clarity.
In subsection (e), the words "transfer . . . to" are substituted for "make available to" for consistency in the revised section and in consideration of the words "transfer of . . . parts to" in 36:5505(e).
Editorial Notes
References in Text
Sections 4307 and 4308 of title 10, referred to in subsecs. (a) and (d), were repealed by Pub. L. 104–106, div. A, title XVI, §1624(a)(1), Feb. 10, 1996, 110 Stat. 522.
The date of the enactment of this subsection, referred to in subsec. (h)(1), is the date of enactment of Pub. L. 114–92, which was approved Nov. 25, 2015.
The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (i), is the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017.
Amendments
2017—Subsec. (i). Pub. L. 115–91 added subsec. (i).
2015—Subsec. (h). Pub. L. 114–92 added subsec. (h).
Statutory Notes and Related Subsidiaries
Transfers of Surplus Firearms to Corporation for the Promotion of Rifle Practice and Firearms Safety: Pilot Program and Limitation
Pub. L. 114–92, div. A, title X, §1087(b), (c), Nov. 25, 2015, 129 Stat. 1013, 1014, which related to a one-year pilot program under which the Secretary could transfer to the Corporation for the Promotion of Rifle Practice and Firearms Safety certain firearms, was repealed by Pub. L. 115–91, div. A, title X, §1091(c), Dec. 12, 2017, 131 Stat. 1608.
About This Section
36 U.S.C. § 40728 is part of Title 36 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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