26 U.S.C. § 5844 — Importation

Page 3285 TITLE 26—INTERNAL REVENUE CODE § 5844 ered to have registered under this section the firearms in his possession which are disclosed by that record as being in his possession. (e) Proof of registration A person possessing a firearm registered as re- quired by this section shall retain proof of reg- istration which shall be made available to the Secretary upon request. (Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968, 82 Stat. 1229; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.) Editorial Notes REFERENCES IN TEXT The National Firearms Act in force prior to the effec- tive date of the National Firearms Act of 1968, referred to in subsec. (d), probably means the National Firearms Act in force prior to the effective date of the National Firearms Act Amendments of 1968, which is act Aug. 16, 1954, ch. 736, 68A Stat. 721, and which was classified gen- erally to prior chapter 53 (prior § 5801 et seq.) of this title. The effective date of this Act and the effective date of the National Firearms Act of 1968, referred to in sub- sec. (d) catchline and text, probably means the effec- tive date of the National Firearms Act Amendments of 1968, which is Nov. 1, 1968. See section 207(a) of Pub. L. 90–618, set out as an Effective Date note under section 5801 of this title. PRIOR PROVISIONS A prior section 5841, act Aug. 16, 1954, ch. 736, 68A Stat. 725, consisted of provisions similar to those com- prising this section, prior to the general revision of this chapter by Pub. L. 90–618. AMENDMENTS 1976—Subsecs. (a), (c) to (e). Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’ wherever appear- ing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of first month following October 1968, see section 207 of Pub. L. 90–618, set out as a note under section 5801 of this title. § 5842. Identification of firearms (a) Identification of firearms other than destruc- tive devices Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or al- tered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe. (b) Firearms without serial number Any person who possesses a firearm, other than a destructive device, which does not bear the serial number and other information re- quired by subsection (a) of this section shall identify the firearm with a serial number as- signed by the Secretary and any other informa- tion the Secretary may by regulations prescribe. (c) Identification of destructive device Any firearm classified as a destructive device shall be identified in such manner as the Sec- retary may by regulations prescribe. (Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968, 82 Stat. 1230; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.) Editorial Notes PRIOR PROVISIONS A prior section 5842, act Aug. 16, 1954, ch. 736, 68A Stat. 725, related to books, records, and returns, prior to the general revision of this chapter by Pub. L. 90–618. Provisions similar to those comprising this section were contained in prior section 5843, act Aug. 16, 1954, ch. 736, 68A Stat. 725, as amended by act Sept. 2, 1958, Pub. L. 85–859, title II, § 203(e), 72 Stat. 1427, prior to the general revision of this chapter by Pub. L. 90–618. AMENDMENTS 1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’ wherever appearing. § 5843. Records and returns Importers, manufacturers, and dealers shall keep such records of, and render such returns in relation to, the importation, manufacture, mak- ing, receipt, and sale, or other disposition, of firearms as the Secretary may by regulations prescribe. (Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968, 82 Stat. 1230; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.) Editorial Notes PRIOR PROVISIONS A prior section 5843, act Aug. 16, 1954, ch. 736, 68A Stat. 725, as amended by act Sept. 2, 1958, Pub. L. 85–859, title II, § 203(e), 72 Stat. 1427, related to identi- fication of firearms prior to the general revision of this chapter by Pub. L. 90–618. Provisions similar to those comprising this section were contained in prior section 5842, act Aug. 16, 1954, 68A Stat. 725, prior to the general revision of this chap- ter by Pub. L. 90–618. AMENDMENTS 1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’. § 5844. Importation No firearm shall be imported or brought into the United States or any territory under its con- trol or jurisdiction unless the importer estab- lishes, under regulations as may be prescribed by the Secretary, that the firearm to be im- ported or brought in is— (1) being imported or brought in for the use of the United States or any department, inde- pendent establishment, or agency thereof or any State or possession or any political sub- division thereof; or (2) being imported or brought in for sci- entific or research purposes; or (3) being imported or brought in solely for testing or use as a model by a registered man- ufacturer or solely for use as a sample by a registered importer or registered dealer; except that, the Secretary may permit the con- ditional importation or bringing in of a firearm for examination and testing in connection with classifying the firearm. (Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968, 82 Stat. 1230; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.) Page 3286 TITLE 26—INTERNAL REVENUE CODE § 5845 Editorial Notes PRIOR PROVISIONS A prior section 5844, act Aug. 16, 1954, ch. 736, 68A Stat. 725, related to exportation, prior to the general revision of this chapter by Pub. L. 90–618. Provisions similar to those comprising this section were contained in prior section 5845, act Aug. 16, 1954, ch. 736, 68A Stat. 725, prior to the general revision of this chapter by Pub. L. 90–618. AMENDMENTS 1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’ wherever appearing. § 5845. Definitions For the purpose of this chapter— (a) Firearm The term ‘‘firearm’’ means (1) a shotgun hav- ing a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as de- fined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive de- vice. The term ‘‘firearm’’ shall not include an antique firearm or any device (other than a ma- chinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, de- sign, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon. (b) Machinegun The term ‘‘machinegun’’ means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts de- signed and intended, for use in converting a weapon into a machinegun, and any combina- tion of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. (c) Rifle The term ‘‘rifle’’ means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or rede- signed and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge. (d) Shotgun The term ‘‘shotgun’’ means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or rede- signed and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of pro- jectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell. (e) Any other weapon The term ‘‘any other weapon’’ means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore de- signed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single dis- charge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a re- volver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition. (f) Destructive device The term ‘‘destructive device’’ means (1) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellent charge of more than four ounces, (D) missile having an explosive or incendiary charge of more than one-quarter ounce, (E) mine, or (F) similar device; (2) any type of weapon by what- ever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in con- verting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily as- sembled. The term ‘‘destructive device’’ shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weap- on, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar de- vice; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the pro- visions of section 7684(2), 7685, or 7686 of title 10, United States Code; or any other device which the Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting pur- poses. (g) Antique firearm The term ‘‘antique firearm’’ means any fire- arm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percus- sion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any fire- arm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer