Title 18 — Crimes and Criminal Procedure
Part I · Chapter 59 — Liquor Traffic
§ 1262. Transportation into State prohibiting sale
Statutory text
Whoever imports, brings, or transports any intoxicating liquor into any State, Territory, District, or Possession in which all sales, except for scientific, sacramental, medicinal, or mechanical purposes, of intoxicating liquor containing more than 4 per centum of alcohol by volume or 3.2 per centum of alcohol by weight are prohibited, otherwise than in the course of continuous interstate transportation through such State, Territory, District, or Possession or attempts so to do, or assists in so doing,
Shall (1) If such liquor is not accompanied by such permits, or licenses therefor as may be required by the laws of such State, Territory, District, or Possession or (2) if all importation, bringing, or transportation of intoxicating liquor into such State, Territory, District, or Possession is prohibited by the laws thereof, be fined under this title or imprisoned not more than one year, or both.
In the enforcement of this section, the definition of intoxicating liquor contained in the laws of the respective States, Territories, Districts, or Possessions shall be applied, but only to the extent that sales of such intoxicating liquor (except for scientific, sacramental, medicinal, and mechanical purposes) are prohibited therein.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 1262
June 25, 1948, ch. 645, 62 Stat. 761
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 761Crime Control Act of 1990
Pub. L. 101–647 title XXXV § 3540 · 104 Stat. 4789
Substituted · 18 U.S.C. § 1262
Pub. L. 101–647 substituted “State” for “state” in section catchline
Source evidence
Code amendment note
Pub. L. 101–647 substituted “State” for “state” in section catchline.Enacted provision · exact public law section
SEC. 3540. CORRECTION OF HEADING OF SECTION 1262. The heading of section 1262 of title 18, United States Code, is amended by striking “state” and inserting “State”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(H) · 108 Stat. 1796
Substituted · 18 U.S.C. § 1262
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in second par
Source evidence
Code amendment note
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in second par.Enacted provision · exact public law section
(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
1948 Act
Based on sections 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 Enforcement 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 sections 1263–1265 of this title were derived. In the enforcement 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 Act
This section [section 32] corrects a typographical error in section 1262 of title 18, U.S.C.
Editorial Notes
Amendments1949–1994 · 3 rounds
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 , substituted “Districts” for “District” in last par.
Credits
1948–1994 · 4 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 761
- 1949May 24, 1949, ch. 139, § 32, 63 Stat. 94
- 1990Pub. L. 101–647, title XXXV, § 3540, , 104 Stat. 4925
- 1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), , 108 Stat. 2147.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, § 32, 63 Stat. 94; Pub. L. 101–647, title XXXV, § 3540, , 104 Stat. 4925; Pub. L. 103–322, title XXXIII, § 330016(1)(H), , 108 Stat. 2147.)