§7683 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Army can lend or give up to 15 excess M-1 rifles, along with slings and cartridge belts, to eligible groups for use at military funerals and other ceremonies. For funeral use, the rifles and the needed gear and blank ammunition can be provided at no charge. The Secretary can also, when appropriate, loan or donate other non-automatic service rifles or allow groups to keep non-M1 non-automatic rifles. Federal laws about firearms still apply. The Secretary may drop liability for loss or destruction of the items if it is clearly shown the loss was not from negligence. The Army will set rules to keep the rifles safe, secure, and accounted for, and can add other conditions. Eligible groups are honor guard units recognized for a national cemetery, law enforcement agencies, and local units of nationally recognized veterans’ organizations as decided by the Secretary.

Title 10, §7683

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of the Army, under regulations prescribed by the Secretary, may conditionally lend or donate excess M–1 rifles (not more than 15), slings, and cartridge belts to any eligible organization for use by that organization for funeral ceremonies of a member or former member of the armed forces, and for other ceremonial purposes.

(2)If the rifles to be loaned or donated under paragraph (1) are to be used by the eligible organization for funeral ceremonies of a member or former member of the armed forces, the Secretary may issue and deliver the rifles, together with the necessary accoutrements and blank ammunition, without charge.

(3)(A)In order to meet the needs of an eligible organization with respect to performing funeral and other ceremonies, if the Secretary determines appropriate, the Secretary may—

(i)loan or donate excess non-automatic service rifles to an eligible organization; or

(ii)authorize an eligible organization to retain non-automatic service rifles other than M–1 rifles.

(B)Nothing in this paragraph shall be construed to supersede any Federal law or regulation governing the use or ownership of firearms.

(b)The Secretary may relieve an eligible organization to which materials are lent or donated under subsection (a), and the surety on its bond, from liability for loss or destruction of the material lent or donated, if there is conclusive evidence that the loss or destruction did not result from negligence.

(c)In lending or donating rifles under subsection (a), the Secretary shall impose such conditions on the use of the rifles as may be necessary to ensure security, safety, and accountability. The Secretary may impose such other conditions as the Secretary considers appropriate.

(d)In this section, the term “eligible organization” means—

(1)a unit or other organization of honor guards recognized by the Secretary of the Army as honor guards for a national cemetery;

(2)a law enforcement agency; or

(3)a local unit of any organization that, as determined by the Secretary of the Army, is a nationally recognized veterans’ organization.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 4683(a)4683(b)50:62.50:62b.Feb. 10, 1920, ch. 64; restated

June 5, 1920, ch. 240 (par. under “Rifles and Accessories for Organizations of War Veterans”); restated

May 26, 1952, ch. 364, 66 Stat. 94. Dec. 15, 1926, ch. 10, 44 Stat. 922. In subsection (a), the words “rules, limitations” and “in suitable amounts” are omitted as surplusage. The words “(not more than 10)” are substituted for 50:62 (proviso). The words “any local unit” are substituted for the words “posts or camps”, before the words “of national”. The words “that unit” are substituted for the word “them”. The words “those units” are substituted for the words “such posts and camps”. The words “a member or former member of the armed forces” are substituted for the words “soldiers, sailors, and marines”. Clause (2) is substituted for 50:62 (words between semicolon and colon). In subsection (b), the words “a unit to which materials are lent under subsection (a)” are substituted for the description of the posts or camps covered. The words “the material lent” are substituted for the words “obsolete or condemned Army rifles, slings, and cartridge belts loaned by the Secretary of the Army under authority of section 62 of this title”.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 4683 of this title as this section. 2013—Pub. L. 112–239, § 1051(a)(2), substituted “Excess non-automatic service rifles: loan or donation for funeral and other ceremonial purposes” for “Excess M–1 rifles: loan or donation for funeral and other ceremonial purposes” in section catchline. Subsec. (a)(3). Pub. L. 112–239, § 1051(a)(1), added par. (3). 1999—Pub. L. 106–65, § 381(d)(1), substituted “Excess M–1 rifles: loan or donation for funeral and other ceremonial purposes” for “Obsolete or condemned rifles: loan to local units of recognized veterans’ organizations” in section catchline. Subsec. (a). Pub. L. 106–65, § 381(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary of the Army, under

Regulations

to be prescribed by him, may— “(1) lend obsolete or condemned rifles (not more than 10), slings, and cartridge belts to any local unit of any national veterans’ organization recognized by the Department of Veterans Affairs, for use by that unit for funeral ceremonies of a member or former member of the armed forces, and for other ceremonial purposes; and “(2) issue and deliver to those units blank ammunition for those rifles— “(A) without charge, if it is to be used for ceremonies at national cemeteries; and “(B) without charge, except for packing, handling, and transportation, if it is to be used for other ceremonies.” Subsec. (b). Pub. L. 106–65, § 381(c), inserted heading, substituted “an eligible organization” for “a unit” and “lent or donated” for “lent” in two places. Subsecs. (c), (d). Pub. L. 106–65, § 381(b), added subsecs. (c) and (d). 1989—Subsec. (a)(1). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§7683 Excess non-automatic service rifles: loan or donation for funeral and other ceremonial purposes

Summary

Title 10, §7683

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata