36 U.S.C. § 40732: Sale of firearms and supplies

Summary

The corporation may sell, at fair market value, certain surplus guns, ammo, parts, and supplies to its affiliated training groups and to U.S. citizens of legal age who belong to an affiliated gun club. Covered items include .22 rimfire and .30 rifles, .45 M1911/M1911A1 pistols, pump-action shotguns (but not modular additions to a service rifle or short-barreled shotguns as defined in 18 U.S.C. 921(a)(6)), air rifles, .22 and .30 ammunition, repair parts, and other necessary supplies for target practice. These sales must follow federal, state, and local law, and the corporation must get criminal records checks from U.S. and state law enforcement. No one who gets a firearm under this law may sell parts that would convert it to fully automatic. The corporation cannot sell to anyone convicted of a felony or of violating 18 U.S.C. 922. A person who received a rifle, ammo, parts, or supplies under the referenced program may resell them at fair market value; if the rifle is not a .22 rimfire or .30, the seller must be a licensed rifle dealer under chapter 44 of title 18 and keep required records and run background checks.

Title 36, §40732

Patriotic and National Observances, Source: USLM XML via OLRC

(a)Affiliated Organizations.—

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)Gun Club Members.—

(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)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.

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