Title 36 — Patriotic and National Observances, Ceremonies, and Organizations
Part B · Chapter 407 — Corporation for the Promotion of Rifle Practice and Firearms Safety
§ 40732. Sale of firearms and supplies
Statutory text
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.
Gun Club Members.—
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.
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.
Limitation on Sales.—
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.
The corporation may not sell any item to an individual who has been convicted of—
a felony; or
a violation of section 922 of title 18.
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.
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. 105–225 · 112 Stat. 1253
Enacted · 36 U.S.C. § 40732
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340
Source evidence
Code source credit
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1340National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 § 1087(a)(2)(C)(i) · 129 Stat. 726
Substituted · 36 U.S.C. § 40732(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(i) by striking “caliber .22 rimfire and caliber .30 surplus rifles” both places it appears and inserting “surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, and caliber .45 M1911/M1911A1 surplus pistols”; andNational Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 div. A title X § 1087(a)(2)(C) · 129 Stat. 726
Substituted · 36 U.S.C. § 40732(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”
Substituted · 36 U.S.C. § 40732(b)(1)
Pub. L. 114–92 substituted “is legally of age” for “is over 18 years of age”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(C) in section 40732— (i) by striking “caliber .22 rimfire and caliber .30 surplus rifles” both places it appears and inserting “surplus caliber .22 rimfire rifles, caliber .30 surplus rifles, and caliber .45 M1911/M1911A1 surplus pistols”; and (ii) in subsection (b), by striking “is over 18 years of age” and inserting “is legally of age”; andNational Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1096(b)(2) · 130 Stat. 2000
Substituted · 36 U.S.C. § 40732(c)(1)
Pub. L. 114–328, § 1096(b)(2), substituted “No person acquiring a firearm under this chapter may” for “The corporation may not”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(2) in subsection (c)(1), by striking “The corporation may not” and inserting “No person acquiring a firearm under this chapter may”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1096(b)(1) · 130 Stat. 2000
Added · 36 U.S.C. § 40732(d)
Pub. L. 114–328, § 1096(b)(1), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 114–328, § 1096(b)(1), added subsec. (d).Enacted provision · exact public law section
(1) by adding at the end the following new subsection: “(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.” ; andPub. L. 119–60 div. A title X § 1062(b) · 139 Stat. 1047
Substituted · 36 U.S.C. § 40732(a); 36 U.S.C. § 40732(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,”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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,”.
5 of 7 references resolved to an enrolled provision · 1 partial · 1 unresolved
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (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
Amendments2015–2025 · 3 rounds
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”.