§40732 — Title 36 Patriotic and National Observances | U.S. Code

Summary

May sell surplus .22 rimfire rifles, .30 rifles, .45 M1911/M1911A1 pistols, pump‑action shotguns (not modular add‑ons to a service rifle or shotguns defined as “short‑barreled” in 18 U.S.C. 921(a)(6)), air rifles, .22 and .30 ammo, repair parts, and other supplies at fair market value to organizations affiliated with the corporation that teach firearm use. The same items and target‑practice supplies may be sold at fair market value to U.S. citizens of legal age who belong to an affiliated gun club. All sales must follow federal, state, and local law. The corporation must do criminal record checks with U.S. and state law enforcement. It cannot sell parts that make a gun fully automatic, and it cannot sell to anyone convicted of a felony or of violating 18 U.S.C. 922. A person who got rifles or supplies under 40728B(c) may resell them at fair market value; for rifles other than .22 and .30 the seller must be a licensed dealer and follow chapter 44 of title 18 rules, including records and background checks.

Title 36, §40732

Patriotic and National Observances — Source: USLM XML via OLRC

(a)The corporation may sell, at fair market value, surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, caliber .45 M1911/M1911A1 surplus pistols, and surplus pump action shotguns (except 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), 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)(1)The corporation may sell, at fair market value, surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, caliber .45 M1911/M1911A1 surplus pistols, and surplus pump action shotguns (except 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), 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)(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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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

2025—Subsecs. (a), (b)(1). Pub. L. 119–60 substituted “, caliber .45 M1911/M1911A1 surplus pistols, and surplus pump action shotguns (except 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),” for “, and caliber .45 M1911/M1911A1 surplus pistols,”. 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”.

§40732 Sale of Firearms and Supplies