36 U.S.C. § 40733 — Applicability of other law

Page 149 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 40733 .22 rimfire rifles, caliber .30 surplus rifles, and caliber .45 M1911/M1911A1 surplus pistols, ammu- nition, 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 mem- ber of a gun club affiliated with the corporation. (2) Except as provided in section 40733 of this title, sales under this subsection are subject to applicable United States, State, and local law. In addition to any other requirement, the cor- poration shall establish procedures to obtain a criminal records check of the individual with United States Government and State law en- forcement agencies. (c) LIMITATION ON SALES.—(1) No person ac- quiring a firearm under this chapter may sell a repair part designed to convert a firearm to fire in a fully automatic mode. (2) The corporation may not sell any item to an individual who has been convicted of— (A) a felony; or (B) a violation of section 922 of title 18. (d) SALES BY OTHER PERSONS.—A person who receives a rifle or any ammunition, repair parts, or supplies under section 40728B(c) of this title may sell, at fair market value, such rifle, am- munition, repair parts, or supplies. With respect to rifles other than caliber .22 rimfire and cal- iber .30 rifles, the seller shall obtain a license as a dealer in rifles and abide by all requirements imposed on persons licensed under chapter 44 of title 18, including maintaining acquisition and disposition records, and conducting background checks. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340; Pub. L. 114–92, div. A, title X, § 1087(a)(2)(C), Nov. 25, 2015, 129 Stat. 1013; Pub. L. 114–328, div. A, title X, § 1096(b), Dec. 23, 2016, 130 Stat. 2441.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40732(a) ...... 36:5504(b)(1). Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1614(b), (c), (e)(1), 110 Stat. 518. 40732(b)(1) .. 36:5504(b)(2) (1st sen- tence). 40732(b)(2) (1st sen- tence). 36:5504(e)(1). 40732(b)(2) (last sen- tence). 36:5504(b)(2) (last sentence). 40732(c) ...... 36:5504(c). In subsection (a), the words ‘‘repair parts, and other supplies’’ are substituted for ‘‘repair parts, and accouterments’’ for consistency in the revised title. In subsection (b)(1), the words ‘‘repair parts, and other supplies’’ are substituted for ‘‘targets, repair parts and accouterments, and other supplies and appli- ances’’ for consistency in the revised title. In subsection (b)(2), the word ‘‘appropriate’’ is omit- ted as unnecessary. In subsection (c)(1), the word ‘‘sell’’ is substituted for ‘‘offer for sale’’ to eliminate unnecessary words. In subsection (c)(2), the words ‘‘any item’’ are sub- stituted for ‘‘rifles, ammunition, or any other item available for sale to individuals under the Civilian Marksmanship Program’’ to eliminate unnecessary words. Editorial Notes AMENDMENTS 2016—Subsec. (c)(1). Pub. L. 114–328, § 1096(b)(2), sub- stituted ‘‘No person acquiring a firearm under this chapter may’’ for ‘‘The corporation may not’’. Subsec. (d). Pub. L. 114–328, § 1096(b)(1), added subsec. (d). 2015—Subsec. (a). Pub. L. 114–92, § 1087(a)(2)(C)(i), sub- stituted ‘‘surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, and caliber .45 M1911/M1911A1 surplus pis- tols’’ for ‘‘caliber .22 rimfire and caliber .30 surplus ri- fles’’. Subsec. (b)(1). Pub. L. 114–92 substituted ‘‘surplus cal- iber .22 rimfire rifles, caliber .30 surplus rifles, and cal- iber .45 M1911/M1911A1 surplus pistols’’ for ‘‘caliber .22 rimfire and caliber .30 surplus rifles’’ and ‘‘is legally of age’’ for ‘‘is over 18 years of age’’. § 40733. Applicability of other law (a) IN GENERAL.—Except as provided in sub- section (b), section 922(a)(1)–(3) and (5) of title 18 does not apply to the shipment, transportation, receipt, transfer, sale, issuance, loan, or delivery by the corporation, of an item that the corpora- tion is authorized to issue, loan, sell, or receive under this chapter. (b) EXCEPTION.—With respect to firearms other than caliber .22 rimfire and caliber .30 rifles, the corporation shall obtain a license as a dealer in firearms and abide by all requirements imposed on persons licensed under chapter 44 of title 18, including maintaining acquisition and disposi- tion records, and conducting background checks. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1341; Pub. L. 114–92, div. A, title X, § 1087(a)(2)(D), Nov. 25, 2015, 129 Stat. 1013.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40733 .......... 36:5504(e)(2). Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1614(e)(2), 110 Stat. 518. Editorial Notes AMENDMENTS 2015—Pub. L. 114–92 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘Except as provided in subsection (b), section’’ for ‘‘Section’’, and added subsec. (b). CHAPTERS 409 THROUGH 499—RESERVED Editorial Notes AMENDMENTS 2014—Pub. L. 113–237, § 3(b)(3), Dec. 18, 2014, 128 Stat. 2836, added placeholder for chapters 409 to 499. CHAPTER 501—DAUGHTERS OF UNION VETERANS OF THE CIVIL WAR 1861–1865 Sec. 50101. Definition. 50102. Organization. 50103. Purposes. 50104. Membership. 50105. Governing body. 50106. Powers. 50107. Restrictions.