36 U.S.C. § 40728: Transfer of firearms…

Summary

The Army must give to the corporation all guns and ammunition that the civilian marksmanship director controlled on February 9, 1996. That includes guns loaned to affiliated clubs, guns held by the Civilian Marksmanship Support Detachment, and M-1 Garand and .22 rimfire rifles stored at the Anniston depot. Transfers happen when the corporation needs the items to loan, issue, or sell them under the rules that apply to the corporation. Ownership moves to the corporation when an item is issued to an eligible person or right before it is delivered to a buyer. Guns stored at Anniston before February 10, 1996 for the marksmanship program stay there or at another place the Secretary picks, without cost to the corporation, until the corporation issues, loans, sells, or otherwise gets them. The Army may also give parts from rifles set for demilitarization, but it may not demilitarize an M-1 Garand after February 10, 1996 unless the Defense Logistics Agency finds it unserviceable. Transfers are free to the corporation, but the corporation must pay to prepare and move the items. The Army, Navy, and Air Force may do certain one-time transfers of surplus pistols or pump-action shotguns under limits and safety rules (for example, no more than 10,000 .45 M1911/M1911A1 pistols in a year). Secretaries must report details about shotgun transfers to the Armed Services Committees and must wait 60 days after that report before transferring shotguns. The Army must brief those committees after the ATF and Army CID finish their investigation into missing pistols.

Title 36, §40728

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(a)Required Transfers.—

In accordance with subsection (b) of this section, the Secretary of the Army shall transfer to the corporation all firearms and ammunition that, on February 9, 1996, were under the control of the director of civilian marksmanship (as that position existed under section 4307 of title 10 on February 9, 1996), including—

(1)all firearms on loan to affiliated clubs and State associations;

(2)all firearms in the possession of the Civilian Marksmanship Support Detachment; and

(3)all M–1 Garand and caliber .22 rimfire rifles stored at Defense Distribution Depot, Anniston, Anniston, Alabama.

(b)Time for Transfers.—

The Secretary shall transfer firearms and ammunition under subsection (a) of this section as and when necessary to enable the corporation—

(1)to issue or loan firearms or ammunition under section 40731 of this title; or

(2)to sell firearms or ammunition under section 40732 of this title.

(c)Vesting of Title in Transferred Items.—

Title to an item transferred to the corporation under this section shall vest in the corporation—

(1)on the issuance of the item to an eligible recipient under section 40731 of this title; or

(2)immediately before the corporation delivers the item to a purchaser in accordance with a contract for sale of the item that is authorized under section 40732 of this title.

(d)Storage of Firearms.—

Firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama, before February 10, 1996, and used for the Civilian Marksmanship Program (as that program existed under section 4308(e) of title 10 before February 10, 1996), shall remain at that facility or another storage facility designated by the Secretary, without cost to the corporation, until the firearms are issued, loaned, or sold by the corporation, or otherwise transferred to the corporation.

(e)Discretionary Transfer of Parts.—

The Secretary may transfer from the inventory of the Department of the Army to the corporation any part from a rifle designated to be demilitarized.

(f)Limitation on Demilitarization of M–1 Rifles.—

After February 10, 1996, the Secretary may not demilitarize an M–1 Garand rifle in the inventory of the Army unless the Defense Logistics Agency decides the rifle is unserviceable.

(g)Cost of Transfers.—

A transfer of firearms, ammunition, or parts to the corporation under this section shall be made without cost to the corporation, except that the corporation shall assume the cost of preparation and transportation of firearms and ammunition transferred under this section.

(h)Authorized Transfers.—

(1)Subject to paragraph (2), the Secretary may transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus caliber .45 M1911/M1911A1 pistols and spare parts and related accessories for those pistols that, on the date of the enactment of this subsection, are under the control of the Secretary and are surplus to the requirements of the Department of the Army, and such material as may be recovered by the Secretary pursuant to section 40728A(a) of this title. The Secretary shall determine a reasonable schedule for the transfer of such surplus pistols.

(2)The Secretary may not transfer more than 10,000 surplus caliber .45 M1911/M1911A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (1) remain available for transfer.

(3)The Secretary may conduct a one-time transfer to the corporation, in accordance with the procedure prescribed in this subchapter, of pump action shotguns, including any shotguns that are surplus to the requirements of the Center of Military History and the Army Museum Enterprise, that—

(A)on the date of the enactment of this paragraph are under the control of the Secretary; and

(B)are surplus to the requirements of the Department of the Army at the time of the submission of the report required in subsection (k).

(4)The Secretary may not transfer pursuant to paragraph (3) any shotgun that is a modular ancillary addition to a service rifle, or meets the definition of a “short-barreled shotgun” as that term is defined in section 921(a)(6) of title 18, United States Code.

(i)Authorized Navy Transfers.—

(1)Notwithstanding subsections (a) and (b), the Secretary of the Navy may transfer to the corporation, in accordance with the procedures prescribed in this subchapter, M–1 Garand and caliber .22 rimfire rifles held within the inventories of the United States Navy and the United States Marine Corps and stored at Defense Distribution Depot, Anniston, Alabama, or Naval Surface Warfare Center, Crane, Indiana, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018.

(2)The items specified for transfer under paragraph (1)—

(A)shall be used as awards for competitors in marksmanship competitions held by the United States Marine Corps or the United States Navy and may not be resold; and

(B)shall be rendered inoperable prior to award and transfer to marksmanship competitors.

(3)The Secretary of the Navy may conduct a one-time transfer to the corporation, in accordance with the procedure prescribed in this subchapter, of surplus pump action shotguns that—

(A)on the date of the enactment of this paragraph are under the control of the Secretary; and

(B)are surplus to the requirements of the Department of the Navy at the time of the submission of the report required in subsection (k).

(4)The Secretary may not transfer pursuant to paragraph (3) any shotgun that is a modular ancillary addition to a service rifle or meets the definition of a ‘short-barreled shotgun’ as that term is defined in section 921(a)(6) of title 18, United States Code.

(j)Authorized Air Force Transfers.—

(1)The Secretary of the Air Force may conduct a one-time transfer to the corporation, in accordance with the procedures prescribed in this subchapter, of pump action shotguns that—

(A)on the date of the enactment of this paragraph are under the control of the Secretary; and

(B)are surplus to the requirements of the Department of the Air Force at the time of the submission of the report required in subsection (k).

(2)The Secretary may not transfer pursuant to paragraph (1) any shotgun that is a modular ancillary addition to a service rifle or meets the definition of a “short-barreled shotgun” as that term is defined in section 921(a)(6) of title 18, United States Code.

(k)Report Required.—

(1)The Secretary concerned authorized to transfer shotguns under subsection (h), (i), or (j) shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes the following elements:

(A)The total number of surplus shotguns, including the make and model of each such shotgun, that meet the criteria for transfer to the corporation under such subsection.

(B)The total number of surplus shotguns, including the make and mode of each such shotgun, that the Secretary concerned intends to transfer to the corporation under such subsection.

(2)In this subsection, the term “Secretary concerned” has the meaning given such term in section 101(a)(9) of title 10, United States Code.

(l)Limitation on Transfer of Surplus Shotguns.—

A Secretary may not transfer surplus shotguns described in subsections (h), (i), or (j), until the date that is 60 days after the date of the submittal of the report required under subsection (k).

(m)Briefing Required.—

The Secretary of the Army shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the results of the investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the United States Army Criminal Investigation Division regarding unaccounted for pistols at the corporation. The briefing shall be provided after the investigation has concluded.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 40728(a)36:5505(a).Feb. 10, 1996, Pub. L. 104–106, title XVI, §§ 1615, 1616(b), (c), 110 Stat. 518, 519; Sept. 23, 1996, Pub. L. 104–201, title X, § 1073(c)(1), (2), 110 Stat. 2657. 40728(b)36:5505(b). 40728(c)36:5505(d). 40728(d)36:5506(b). 40728(e)36:5505(c). 40728(f)36:5506(c). 40728(g)36:5505(e). In subsection (a), the words “director of civilian marksmanship (as that position existed under section 4307 of title 10 on February 9, 1996)” are substituted for “Director of the Civilian Marksmanship Program” to avoid confusion with the office of the Director of Civilian Marksmanship created on February 10, 1996, by section 1611(d) of The National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106, 110 Stat. 516). In subsection (b), the words “firearms or ammunition” are substituted for “such items” for clarity. In clause (2), the words “to purchasers” are omitted as unnecessary. In subsection (c)(1), the words “eligible recipient” are substituted for “recipient eligible . . . to receive the item” to eliminate unnecessary words. In subsection (c)(2), the word “purchaser” is substituted for “purchaser of the item” to eliminate unnecessary words. In subsection (d), the words “(as that program existed under section 4308(e) of title 10 before February 10, 1996)” are added for clarity. The words “issued, loaned, or sold by the corporation” are substituted for “issued, loaned, or sold by” for clarity. In subsection (e), the words “transfer . . . to” are substituted for “make available to” for consistency in the revised section and in consideration of the words “transfer of . . . parts to” in 36:5505(e).

Editorial Notes

References in Text

section 4307 and 4308 of title 10, referred to in subsecs. (a) and (d), were repealed by Pub. L. 104–106, div. A, title XVI, § 1624(a)(1), Feb. 10, 1996, 110 Stat. 522. The date of the enactment of this subsection, referred to in subsec. (h)(1), is the date of enactment of Pub. L. 114–92, which was approved Nov. 25, 2015. The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (i), is the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017. The date of the enactment of this paragraph, referred to in subsecs. (h)(3)(A), (i)(3)(A), and (j)(1)(A), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.

Amendments

2025—Subsec. (h)(3), (4). Pub. L. 119–60, § 1062(a)(1), added pars. (3) and (4). Subsec. (i)(3), (4). Pub. L. 119–60, § 1062(a)(2), added pars. (3) and (4). Subsecs. (j) to (m). Pub. L. 119–60, § 1062(a)(3), added subsecs. (j) to (m). 2017—Subsec. (i). Pub. L. 115–91 added subsec. (i). 2015—Subsec. (h). Pub. L. 114–92 added subsec. (h).

Statutory Notes and Related Subsidiaries

Transfers of Surplus Firearms to Corporation for the Promotion of Rifle Practice and Firearms Safety: Pilot Program and Limitation Pub. L. 114–92, div. A, title X, § 1087(b), (c), Nov. 25, 2015, 129 Stat. 1013, 1014, which related to a one-year pilot program under which the Secretary could transfer to the Corporation for the Promotion of Rifle Practice and Firearms Safety certain firearms, was repealed by Pub. L. 115–91, div. A, title X, § 1091(c), Dec. 12, 2017, 131 Stat. 1608.

§40728 Transfer of Firearms, Ammunition, and Parts

Summary

Title 36, §40728

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Citations & Metadata