26 Usc 5842

§ 5842

TITLE 26—INTERNAL REVENUE CODE
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.
(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,

Page 3030

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.
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.