§1262 Transportation Into State Prohibiting Sale

1948 ActBased on section 222, 223 of title 27, U.S.C., 1940 ed., Intoxicating Liquors (June 25, 1936, ch. 815, §§ 2, 3, 49 Stat. 1928). Section consolidates subsection (a) of section 222 with section 223, of title 27, U.S.C., 1940 ed. Words “or 3.2 per centum of alcohol by weight” were inserted after “volume.” Such words conform with Flippin v. U.S. (1941, 121 F. 2d 742, 744, certiorari denied, 62 S. Ct. 184, 314 U.S. 677, 86 L. Ed. 542); Robason v. U.S. (1941, 122 F. 2d 991); Dolloff v. U.S. (1941, 121 F. 2d 157, certiorari denied, 62 S. Ct. 108, 314 U.S. 626, 86 L. Ed. 503, rehearing denied, 62 S. Ct. 178, 314 U.S. 710, 86 L. Ed. 566); and Tucker v. U.S. (1941, 123 F. 2d 280). Those cases overruled Arnold v. U.S. (1940, 115 F. 2d 523) and Gregg v. U.S. (1940, 116 F. 2d 609) and established that preservation of the congressional intent which requires addition of the inserted language. Subsection (b) of section 223 of title 27, U.S.C., 1940 ed., has been reworded to apply the definition of intoxicating liquor contained in the laws of the respective States to this section only, in accordance with administrative interpretation. Said section 223 was derived from section 3 of the Liquor

Act of 1936 (Act June 25, 1936, ch. 815, 49 Stat. 1928), which was enacted for the protection of dry States. As originally enacted, its provisions relating to such definition also embraced the interstate commerce liquor laws from which section 1263–1265 of this title were derived. In the

of the latter, however, their own definitions have been applied and not the definitions of the States into which or through which the liquor was shipped. Words “Territory, District, or Possession” were inserted after “State”, to conform with the definition of “State” given in said section 222 of title 27, U.S.C., 1940 ed. Such section, including subsection (b) thereof, is also incorporated in section 3615 of this title. Words “be guilty of a misdemeanor and shall” were omitted in view of definitive section 1 of this title. Minor changes were made throughout in arrangement and phraseology. 1949 ActThis section [section 32] corrects a typographical error in section 1262 of title 18, U.S.C.

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in second par. 1990—Pub. L. 101–647 substituted “State” for “state” in section catchline. 1949—Act May 24, 1949, substituted “Districts” for “District” in last par.