26 USC 5844 Importation

§ 5842

TITLE 26—INTERNAL REVENUE CODE

to the National Firearms Act in force on the day
immediately prior to the effective date of the
National Firearms Act of 1968 1 shall be considered to have registered under this section the
firearms in his possession which are disclosed by
that record as being in his possession.
(e) Proof of registration
A person possessing a firearm registered as required by this section shall retain proof of registration which shall be made available to the
Secretary upon request.
(Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968,
82 Stat. 1229; amended Pub. L. 94–455, title XIX,
§ 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
REFERENCES IN TEXT
The National Firearms Act in force prior to the effective date of the National Firearms Act of 1968, referred
to in subsec. (d), probably means the National Firearms
Act in force prior to the effective date of the National
Firearms Act Amendments of 1968, which is act Aug. 16,
1954, ch. 736, 68A Stat. 721, as amended, and which was
classified generally to prior chapter 53 (prior § 5801 et
seq.) of this title.
The effective date of this Act and the effective date
of the National Firearms Act of 1968, referred to in subsec. (d) catchline and text, probably means the effective date of the National Firearms Act Amendments of
1968, which is Nov. 1, 1968. See section 207(a) of Pub. L.
90–618, set out as an Effective Date note under section
5801 of this title.
PRIOR PROVISIONS
A prior section 5841, act Aug. 16, 1954, ch. 736, 68A
Stat. 725, consisted of provisions similar to those comprising this section, prior to the general revision of this
chapter by Pub. L. 90–618.
AMENDMENTS
1976—Subsecs. (a), (c) to (e). Pub. L. 94–455 struck out
‘‘or his delegate’’ after ‘‘Secretary’’ wherever appearing.
EFFECTIVE DATE
Section effective on first day of first month following
October 1968, see section 207 of Pub. L. 90–618, set out as
a note under section 5801 of this title.

§ 5842. Identification of firearms
(a) Identification of firearms other than destructive devices
Each manufacturer and importer and anyone
making a firearm shall identify each firearm,
other than a destructive device, manufactured,
imported, or made by a serial number which
may not be readily removed, obliterated, or altered, the name of the manufacturer, importer,
or maker, and such other identification as the
Secretary may by regulations prescribe.
(b) Firearms without serial number
Any person who possesses a firearm, other
than a destructive device, which does not bear
the serial number and other information required by subsection (a) of this section shall
identify the firearm with a serial number assigned by the Secretary and any other information the Secretary may by regulations prescribe.
(c) Identification of destructive device
Any firearm classified as a destructive device
shall be identified in such manner as the Secretary may by regulations prescribe.
1 So

in original. See References in Text notes below.

Page 3068

(Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968,
82 Stat. 1230; amended Pub. L. 94–455, title XIX,
§ 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
PRIOR PROVISIONS
A prior section 5842, act Aug. 16, 1954, ch. 736, 68A
Stat. 725, related to books, records, and returns, prior
to the general revision of this chapter by Pub. L. 90–618.
Provisions similar to those comprising this section
were contained in prior section 5843, act Aug. 16, 1954,
ch. 736, 68A Stat. 725, as amended by act Sept. 2, 1958,
Pub. L. 85–859, title II, § 203(e), 72 Stat. 1427, prior to the
general revision of this chapter by Pub. L. 90–618.
AMENDMENTS
1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after
‘‘Secretary’’ wherever appearing.

§ 5843. Records and returns
Importers, manufacturers, and dealers shall
keep such records of, and render such returns in
relation to, the importation, manufacture, making, receipt, and sale, or other disposition, of
firearms as the Secretary may by regulations
prescribe.
(Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968,
82 Stat. 1230; amended Pub. L. 94–455, title XIX,
§ 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
PRIOR PROVISIONS
A prior section 5843, act Aug. 16, 1954, ch. 736, 68A
Stat. 725, as amended by act Sept. 2, 1958, Pub. L.
85–859, title II, § 203(e), 72 Stat. 1427, related to identification of firearms prior to the general revision of this
chapter by Pub. L. 90–618.
Provisions similar to those comprising this section
were contained in prior section 5842, act Aug. 16, 1954,
68A Stat. 725, prior to the general revision of this chapter by Pub. L. 90–618.
AMENDMENTS
1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after
‘‘Secretary’’.

§ 5844. Importation
No firearm shall be imported or brought into
the United States or any territory under its control or jurisdiction unless the importer establishes, under regulations as may be prescribed
by the Secretary, that the firearm to be imported or brought in is—
(1) being imported or brought in for the use
of the United States or any department, independent establishment, or agency thereof or
any State or possession or any political subdivision thereof; or
(2) being imported or brought in for scientific or research purposes; or
(3) being imported or brought in solely for
testing or use as a model by a registered manufacturer or solely for use as a sample by a
registered importer or registered dealer;
except that, the Secretary may permit the conditional importation or bringing in of a firearm
for examination and testing in connection with
classifying the firearm.
(Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968,
82 Stat. 1230; amended Pub. L. 94–455, title XIX,
§ 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
PRIOR PROVISIONS
A prior section 5844, act Aug. 16, 1954, ch. 736, 68A
Stat. 725, related to exportation, prior to the general
revision of this chapter by Pub. L. 90–618.

Page 3069

TITLE 26—INTERNAL REVENUE CODE

Provisions similar to those comprising this section
were contained in prior section 5845, act Aug. 16, 1954,
ch. 736, 68A Stat. 725, prior to the general revision of
this chapter by Pub. L. 90–618.
AMENDMENTS
1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after
‘‘Secretary’’ wherever appearing.

§ 5845. Definitions
For the purpose of this chapter—
(a) Firearm
The term ‘‘firearm’’ means (1) a shotgun having a barrel or barrels of less than 18 inches in
length; (2) a weapon made from a shotgun if such
weapon as modified has an overall length of less
than 26 inches or a barrel or barrels of less than
18 inches in length; (3) a rifle having a barrel or
barrels of less than 16 inches in length; (4) a
weapon made from a rifle if such weapon as
modified has an overall length of less than 26
inches or a barrel or barrels of less than 16
inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any
silencer (as defined in section 921 of title 18,
United States Code); and (8) a destructive device. The term ‘‘firearm’’ shall not include an
antique firearm or any device (other than a machinegun or destructive device) which, although
designed as a weapon, the Secretary finds by
reason of the date of its manufacture, value, design, and other characteristics is primarily a
collector’s item and is not likely to be used as
a weapon.
(b) Machinegun
The term ‘‘machinegun’’ means any weapon
which shoots, is designed to shoot, or can be
readily restored to shoot, automatically more
than one shot, without manual reloading, by a
single function of the trigger. The term shall
also include the frame or receiver of any such
weapon, any part designed and intended solely
and exclusively, or combination of parts designed and intended, for use in converting a
weapon into a machinegun, and any combination of parts from which a machinegun can be
assembled if such parts are in the possession or
under the control of a person.
(c) Rifle
The term ‘‘rifle’’ means a weapon designed or
redesigned, made or remade, and intended to be
fired from the shoulder and designed or redesigned and made or remade to use the energy of
the explosive in a fixed cartridge to fire only a
single projectile through a rifled bore for each
single pull of the trigger, and shall include any
such weapon which may be readily restored to
fire a fixed cartridge.
(d) Shotgun
The term ‘‘shotgun’’ means a weapon designed
or redesigned, made or remade, and intended to
be fired from the shoulder and designed or redesigned and made or remade to use the energy of
the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of projectiles (ball shot) or a single projectile for each
pull of the trigger, and shall include any such
weapon which may be readily restored to fire a
fixed shotgun shell.

§ 5845

(e) Any other weapon
The term ‘‘any other weapon’’ means any
weapon or device capable of being concealed on
the person from which a shot can be discharged
through the energy of an explosive, a pistol or
revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun
shell, weapons with combination shotgun and
rifle barrels 12 inches or more, less than 18
inches in length, from which only a single discharge can be made from either barrel without
manual reloading, and shall include any such
weapon which may be readily restored to fire.
Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or
weapons designed, made, or intended to be fired
from the shoulder and not capable of firing fixed
ammunition.
(f) Destructive device
The term ‘‘destructive device’’ means (1) any
explosive, incendiary, or poison gas (A) bomb,
(B) grenade, (C) rocket having a propellent
charge of more than four ounces, (D) missile
having an explosive or incendiary charge of
more than one-quarter ounce, (E) mine, or (F)
similar device; (2) any type of weapon by whatever name known which will, or which may be
readily converted to, expel a projectile by the
action of an explosive or other propellant, the
barrel or barrels of which have a bore of more
than one-half inch in diameter, except a shotgun
or shotgun shell which the Secretary finds is
generally recognized as particularly suitable for
sporting purposes; and (3) any combination of
parts either designed or intended for use in converting any device into a destructive device as
defined in subparagraphs (1) and (2) and from
which a destructive device may be readily assembled. The term ‘‘destructive device’’ shall
not include any device which is neither designed
nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is redesigned for use as a signaling,
pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by
the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10
of the United States Code; or any other device
which the Secretary finds is not likely to be
used as a weapon, or is an antique or is a rifle
which the owner intends to use solely for sporting purposes.
(g) Antique firearm
The term ‘‘antique firearm’’ means any firearm not designed or redesigned for using rim
fire or conventional center fire ignition with
fixed ammunition and manufactured in or before
1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured
before or after the year 1898) and also any firearm using fixed ammunition manufactured in or
before 1898, for which ammunition is no longer
manufactured in the United States and is not
readily available in the ordinary channels of
commercial trade.
(h) Unserviceable firearm
The term ‘‘unserviceable firearm’’ means a
firearm which is incapable of discharging a shot