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

Page 148 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 40729 Army as eligible for transfer under section 40731(a) of title 36, United States Code. ‘‘(B) An assessment of whether and how the Sec- retary of the Army intends to use the authorities under section 40728B of title 36, United States Code, as added by this section. ‘‘(C) Any other issue that the Secretary of the Army considers appropriate. ‘‘(2) PROHIBITION ON TRANSFERS PENDING SUBMITTAL OF REPORT.—No rifle, ammunition, repair part, or supplies acquired under section 40728B(a) of title 36, United States Code, may be transferred until the date that is 90 days after the date of the submittal of the report re- quired under paragraph (1).’’ § 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; (2) ammunition for firearms described in subsections (a) and (h) of section 40728 of this title; (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 cal- iber .45 M1911/M1911A1 surplus pistols. (b) EXCEPTION.—This section does not super- sede 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 note). (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1339; Pub. L. 114–92, div. A, title X, § 1087(a)(2)(B), Nov. 25, 2015, 129 Stat. 1013.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40729(a) ...... 36:5506(a). Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1616(a), (d), 110 Stat. 519. 40729(b) ...... 36:5506(d). In subsection (a)(4), the words ‘‘other supplies’’ are substituted for ‘‘accessories and accouterments’’ for consistency in the revised title. Editorial Notes REFERENCES IN TEXT Section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991, referred to in subsec. (b), is section 1208 of Pub. L. 101–189, div. A, title XII, Nov. 29, 1989, 103 Stat. 1566, which was set out as a note under section 372 of Title 10, Armed Forces, and was re- pealed and restated in section 2576a of Title 10 by Pub. L. 104–201, div. A, title X, § 1033(a)(1), (b)(1), Sept. 23, 1996, 110 Stat. 2639, 2640. Section 372 of Title 10 was re- numbered section 272 by Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–92, § 1087(a)(2)(B)(i), substituted ‘‘subsections (a) and (h) of section 40728’’ for ‘‘section 40728(a)’’. Subsec. (a)(2). Pub. L. 114–92, § 1087(a)(2)(B)(ii), sub- stituted ‘‘subsections (a) and (h) of section 40728’’ for ‘‘40728(a)’’. Subsec. (a)(4). Pub. L. 114–92, § 1087(a)(2)(B)(iii), in- serted ‘‘and caliber .45 M1911/M1911A1 surplus pistols’’ after ‘‘caliber .30 and caliber .22 rimfire rifles’’. § 40730. Surplus property The corporation may obtain surplus property from the Defense Reutilization Marketing Serv- ice to carry out the Civilian Marksmanship Pro- gram. A transfer of property to the corporation under this section shall be made without cost to the corporation. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40730 .......... 36:5502(c). Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1612(c), 110 Stat. 517. The word ‘‘supplies’’ is omitted as included in ‘‘prop- erty’’. § 40731. Issuance or loan of firearms and supplies (a) ISSUANCE OR LOAN.—For purposes of train- ing and competition, the corporation may issue or loan, with or without charges to recover ad- ministrative costs, caliber .22 rimfire and cal- iber .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 corpora- tion 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 account- ability for firearms issued or loaned under this section. The corporation shall prescribe proce- dures for the security of issued or loaned fire- arms in accordance with United States, State, and local laws. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40731(a) ...... 36:5504(a). Feb. 10, 1996, Pub. L. 104–106, title XVI, § 1614(a), (d), 110 Stat. 517, 518. 40731(b) ...... 36:5504(d). In subsection (a), the words ‘‘repair parts, and other supplies’’ are substituted for ‘‘targets, and other sup- plies and appliances’’ for consistency in the revised title. In subsection (b) the words ‘‘shall ensure’’ are sub- stituted for ‘‘shall be responsible for ensuring’’ to eliminate unnecessary words. § 40732. Sale of firearms and supplies (a) AFFILIATED ORGANIZATIONS.—The corpora- tion may sell, at fair market value, surplus cal- iber .22 rimfire rifles, caliber .30 surplus rifles, and caliber .45 M1911/M1911A1 surplus pistols, air rifles, caliber .22 and .30 ammunition, repair parts, and other supplies to organizations affili- ated 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 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.