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36 U.S.C. § 40728 — Transfer of firearms, ammunition, and parts

Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 40728 — Transfer of firearms, ammunition, and parts

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Source file: Laws/federal/codes/united-states-code/title-36/section-40728-transfer-of-firearms-ammunition-and-parts--f4dcecd284.md
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Source location: Title 36, Chapter 407, § 40728; chapter-407-corporation-for-the-promotion-of-rifle-practice-and-firearms-safety.md

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**(a) Required Transfers.—** In accordance with subsection (b) of this section, the Secretary of the Army shall transfer to the corporation all firearms and ammunition that, on February 9, 1996, were under the control of the director of civilian marksmanship (as that position existed under [section 4307 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4307&num=0&edition=prelim) on February 9, 1996), including— (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) Time for Transfers.—** The Secretary shall transfer firearms and ammunition under subsection (a) of this section as and when necessary to enable the corporation— (1) to issue or loan firearms or ammunition under [section 40731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40731&num=0&edition=prelim); or (2) to sell firearms or ammunition under [section 40732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40732&num=0&edition=prelim). **(c) Vesting of Title in Transferred Items.—** Title to an item transferred to the corporation under this section shall vest in the corporation— (1) on the issuance of the item to an eligible recipient under [section 40731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40731&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40732&num=0&edition=prelim). **(d) Storage of Firearms.—** Firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama, before February 10, 1996, and used for the Civilian Marksmanship Program (as that program existed under [section 4308(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4308/e&num=0&edition=prelim) before February 10, 1996), shall remain at that facility or another storage facility designated by the Secretary, without cost to the corporation, until the firearms are issued, loaned, or sold by the corporation, or otherwise transferred to the corporation. **(e) Discretionary Transfer of Parts.—** The Secretary may transfer from the inventory of the Department of the Army to the corporation any part from a rifle designated to be demilitarized. **(f) Limitation on Demilitarization of M–1 Rifles.—** After February 10, 1996, the Secretary may not demilitarize an M–1 Garand rifle in the inventory of the Army unless the Defense Logistics Agency decides the rifle is unserviceable. **(g) Cost of Transfers.—** A transfer of firearms, ammunition, or parts to the corporation under this section shall be made without cost to the corporation, except that the corporation shall assume the cost of preparation and transportation of firearms and ammunition transferred under this section. **(h) Authorized Transfers.—** (1) Subject to paragraph (2), the Secretary may transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus caliber .45 M1911/M1911A1 pistols and spare parts and related accessories for those pistols that, on the date of the enactment of this subsection, are under the control of the Secretary and are surplus to the requirements of the Department of the Army, and such material as may be recovered by the Secretary pursuant to [section 40728A(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40728A/a&num=0&edition=prelim). The Secretary shall determine a reasonable schedule for the transfer of such surplus pistols. (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. (3) The Secretary may conduct a one-time transfer to the corporation, in accordance with the procedure prescribed in this subchapter, of pump action shotguns, including any shotguns that are surplus to the requirements of the Center of Military History and the Army Museum Enterprise, that— (A) on the date of the enactment of this paragraph are under the control of the Secretary; and (B) are surplus to the requirements of the Department of the Army at the time of the submission of the report required in subsection (k). (4) The Secretary may not transfer pursuant to paragraph (3) any shotgun that is a modular ancillary addition to a service rifle, or meets the definition of a “short-barreled shotgun” as that term is defined in [section 921(a)(6) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a/6&num=0&edition=prelim), United States Code. **(i) Authorized Navy Transfers.—** (1) Notwithstanding subsections (a) and (b), the Secretary of the Navy may transfer to the corporation, in accordance with the procedures prescribed in this subchapter, M–1 Garand and caliber .22 rimfire rifles held within the inventories of the United States Navy and the United States Marine Corps and stored at Defense Distribution Depot, Anniston, Alabama, or Naval Surface Warfare Center, Crane, Indiana, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018. (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. (3) The Secretary of the Navy may conduct a one-time transfer to the corporation, in accordance with the procedure prescribed in this subchapter, of surplus pump action shotguns that— (A) on the date of the enactment of this paragraph are under the control of the Secretary; and (B) are surplus to the requirements of the Department of the Navy at the time of the submission of the report required in subsection (k). (4) The Secretary may not transfer pursuant to paragraph (3) any shotgun that is a modular ancillary addition to a service rifle or meets the definition of a ‘short-barreled shotgun’ as that term is defined in [section 921(a)(6) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a/6&num=0&edition=prelim), United States Code. **(j) Authorized Air Force Transfers.—** (1) The Secretary of the Air Force may conduct a one-time transfer to the corporation, in accordance with the procedures prescribed in this subchapter, of pump action shotguns that— (A) on the date of the enactment of this paragraph are under the control of the Secretary; and (B) are surplus to the requirements of the Department of the Air Force at the time of the submission of the report required in subsection (k). (2) The Secretary may not transfer pursuant to paragraph (1) any shotgun that is a modular ancillary addition to a service rifle or meets the definition of a “short-barreled shotgun” as that term is defined in [section 921(a)(6) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a/6&num=0&edition=prelim), United States Code. **(k) Report Required.—** (1) The Secretary concerned authorized to transfer shotguns under subsection (h), (i), or (j) shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes the following elements: (A) The total number of surplus shotguns, including the make and model of each such shotgun, that meet the criteria for transfer to the corporation under such subsection. (B) The total number of surplus shotguns, including the make and mode of each such shotgun, that the Secretary concerned intends to transfer to the corporation under such subsection. (2) In this subsection, the term “Secretary concerned” has the meaning given such term in [section 101(a)(9) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/9&num=0&edition=prelim), United States Code. **(l) Limitation on Transfer of Surplus Shotguns.—** A Secretary may not transfer surplus shotguns described in subsections (h), (i), or (j), until the date that is 60 days after the date of the submittal of the report required under subsection (k). **(m) Briefing Required.—** The Secretary of the Army shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the results of the investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the United States Army Criminal Investigation Division regarding unaccounted for pistols at the corporation. The briefing shall be provided after the investigation has concluded.

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 40731 — Issuance or loan of firearms and supplies

**(a) Issuance or Loan.—** For purposes of training and competition, the corporation may issue or loan, with or without charges to recover administrative costs, caliber .22 rimfire and caliber .30 surplus rifles, air rifles, caliber .22 and .30 ammunition, repair parts, and other supplies necessary for activities related to the Civilian Marksmanship Program to— (1) organizations affiliated with the corporation that provide firearms training to youth; (2) the Boy Scouts of America; (3) 4–H Clubs; (4) the Future Farmers of America; and (5) other youth oriented organizations. **(b) Security of Firearms.—** The corporation shall ensure adequate oversight and accountability for firearms issued or loaned under this section. The corporation shall prescribe procedures for the security of issued or loaned firearms in accordance with United States, State, and local laws.

Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 40731

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 40732 — Sale of firearms and supplies

**(a) Affiliated Organizations.—** The corporation may sell, at fair market value, surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, caliber .45 M1911/M1911A1 surplus pistols, and surplus pump action shotguns (except any shotgun that is a modular ancillary addition to a service rifle, or meets the definition of a “short-barreled shotgun” as that term is defined in [section 921(a)(6) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a/6&num=0&edition=prelim), United States Code), air rifles, caliber .22 and .30 ammunition, repair parts, and other supplies to organizations affiliated with the corporation that provide training in the use of firearms. **(b) Gun Club Members.—** (1) The corporation may sell, at fair market value, surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, caliber .45 M1911/M1911A1 surplus pistols, and surplus pump action shotguns (except any shotgun that is a modular ancillary addition to a service rifle, or meets the definition of a “short-barreled shotgun” as that term is defined in [section 921(a)(6) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section921/a/6&num=0&edition=prelim), United States Code), ammunition, repair parts and other supplies necessary for target practice to a citizen of the United States who is legally of age and who is a member of a gun club affiliated with the corporation. (2) Except as provided in [section 40733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40733&num=0&edition=prelim), sales under this subsection are subject to applicable United States, State, and local law. In addition to any other requirement, the corporation shall establish procedures to obtain a crimi

Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 40732

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 40728A — Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation

**(a) Authority to Recover.—** The Secretary of the Army may recover from any country to which surplus firearms, ammunition, repair parts, or other supplies described in [section 40732(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40732/a&num=0&edition=prelim) are furnished on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2314](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2314&num=0&edition=prelim)) any such surplus firearms, ammunition, repair parts, or supplies that become excess to the needs of such country. **(b) Cost of Recovery.—** (1) Except as provided in paragraph (2), the cost of recovery of any surplus firearms, ammunition, repair parts, or supplies under subsection (a) shall be treated as incremental direct costs incurred in providing logistical support to the corporation for which reimbursement shall be required as provided in [section 40727(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40727/a&num=0&edition=prelim). (2) The Secretary may require the corporation to pay costs of recovery described in paragraph (1) in advance of incurring such costs. Amounts so paid shall not be subject to the provisions of [section 3302 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim), but shall be administered in accordance with the last sentence of [section 40727(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40727/a&num=0&edition=prelim). **(c) Availability for Transfer to Corporation.—** Any surplus firearms, ammunition, repair parts, or supplies recovered under subsect

Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 40728A

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 40729 — Reservation of firearms, ammunition, and parts

**(a) Reservation.—** The Secretary of the Army shall reserve for the corporation— (1) firearms described in subsections (a) and (h) of [section 40728 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40728&num=0&edition=prelim); (2) ammunition for firearms described in subsections (a) and (h) of [section 40728 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section40728&num=0&edition=prelim); (3) M–16 rifles held by the Department of the Army on February 10, 1996, and used to support the small-arms firing school; and (4) parts from, and other supplies for, surplus caliber .30 and caliber .22 rimfire rifles and caliber .45 M1911/M1911A1 surplus pistols. **(b) Exception.—** This section does not supersede the authority provided in section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; [10 U.S.C. 372](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section372&num=0&edition=prelim) note).

Source: Supplied U.S. Code snapshot — release unconfirmed · 36 U.S.C. § 40729

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Federal law — U.S. Code and appendices · legal_authorities

36 U.S.C. § 40728 — Transfer of firearms, ammunition, and

Page 145 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 40728 the Army’’ is retained notwithstanding section 1612(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106, 110 Stat. 517) which transferred the Civilian Marksmanship Program, in- cluding the National Matches, from the Secretary of the Army to the corporation. The conforming amend- ments in section 1624 of the Act (110 Stat. 522) did not repeal the authority of the Secretary of the Army to prescribe National Matches under 10:4312 or to prescribe subsistence and travel allowances for competitors under 10:4313. § 40726. Allowances for junior competitors (a) DEFINITION.—In this section, a ‘‘junior com- petitor’’ is a competitor at the National Matches, a small-arms firing school, a competi- tion in connection with the National Matches, or a special clinic under section 40725 of this title who is— (1) less than 18 years of age; or (2) a member of a gun club organized for the students of a college or university. (b) SUBSISTENCE ALLOWANCE.—A junior com- petitor may be paid a subsistence allowance in an amount prescribed by the Secretary of the Army. (c) TRAVEL ALLOWANCE.—A junior competitor may be paid a travel allowance in an amount prescribed by the Secretary instead of travel ex- penses and subsistence while traveling. The travel allowance for the return trip may be paid in advance. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1338.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40726(a) (words be- fore cl. (1)). 10:4313(a)(1) (words before ‘‘may be paid’’). 40726(a) (less words be- fore cl. (1)). 10:4313(b). 40726(b) ...... 10:4313(a)(1) (words beginning ‘‘may be paid’

Source: Supplied 2024 U.S. Code historical extraction · 36 U.S.C. § 40728

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