36 USC § 40732 Sale of firearms and supplies | United States Code | US Law

36 USC § 40732

Sale of firearms and supplies

October 21, 2020

USC

(a) Affiliated Organizations.—The corporation may sell, at fair market value, surplus caliber .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 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, and caliber .45 M1911/M1911A1 surplus pistols, 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, 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 criminal records check of the individual with United States Government and State law enforcement agencies.

(c) Limitation on Sales.—(1) No person acquiring 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, ammunition, repair parts, or supplies. With respect to rifles other than caliber .22 rimfire and caliber .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.

Open Table

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 sentence).
40732(b)(2) (1st sentence)	36:5504(e)(1).
40732(b)(2) (last sentence)	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 appliances" for consistency in the revised title.

In subsection (b)(2), the word "appropriate" is omitted 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 substituted 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), substituted "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), substituted "surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, and caliber .45 M1911/M1911A1 surplus pistols" for "caliber .22 rimfire and caliber .30 surplus rifles".

Subsec. (b)(1). Pub. L. 114–92 substituted "surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, and caliber .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".

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