TITLE 26 - INTERNAL REVENUE CODE
Subtitle E - Alcohol, Tobacco, and Certain Other Excise Taxes
CHAPTER 53 - MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
Subchapter C - Prohibited Acts
HEAD
Sec. 5861. Prohibited acts
STATUTE
It shall be unlawful for any person -
(a) to engage in business as a manufacturer or importer of, or
dealer in, firearms without having paid the special
(occupational) tax required by section 5801 for his business or
having registered as required by section 5802; or
(b) to receive or possess a firearm transferred to him in
violation of the provisions of this chapter; or
(c) to receive or possess a firearm made in violation of the
provisions of this chapter; or
(d) to receive or possess a firearm which is not registered to
him in the National Firearms Registration and Transfer Record; or
(e) to transfer a firearm in violation of the provisions of
this chapter; or
(f) to make a firearm in violation of the provisions of this
chapter; or
(g) to obliterate, remove, change, or alter the serial number
or other identification of a firearm required by this chapter; or
(h) to receive or possess a firearm having the serial number or
other identification required by this chapter obliterated,
removed, changed, or altered; or
(i) to receive or possess a firearm which is not identified by
a serial number as required by this chapter; or
(j) to transport, deliver, or receive any firearm in interstate
commerce which has not been registered as required by this
chapter; or
(k) to receive or possess a firearm which has been imported or
brought into the United States in violation of section 5844; or
(l) to make, or cause the making of, a false entry on any
application, return, or record required by this chapter, knowing
such entry to be false.
SOURCE
(Added Pub. L. 90-618, title II, Sec. 201, Oct. 22, 1968, 82 Stat.
1234.)
PRIOR PROVISIONS
A prior section 5861, act Aug. 16, 1954, ch. 736, 68A Stat. 729,
relating to penalties, was omitted in the general revision of this
chapter by Pub. L. 90-618.
Provisions similar to those comprising subsecs. (a), (b), (d),
(g), (j), and (k) of this section were contained in prior sections
of act Aug. 16, 1954, prior to the general revision of this chapter
by Pub. L. 90-618, as follows:
Present subsecs.: Prior sections
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(a) 5854.
(b) 5851.
(d) 5854.
(g) 5852.
(j) 5855.
(k) 5853.
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The prior sections 5851 to 5853, act Aug. 16, 1954, ch. 736, are
set out in 68A Stat. 728.
The prior sections 5854 and 5855, Pub. L. 85-859, title II, Sec.
203(i)(1), Sept. 2, 1958, are set out in 72 Stat. 1428.
A prior section 5862, act Aug. 16, 1954, ch. 736, 68A Stat. 729,
relating to the forfeiture and disposal of any firearm involved in
any violation of the provisions of this chapter or any regulation
promulgated thereunder, was omitted in the general revision of this
chapter by Pub. L. 90-618. The provisions of prior section 5862 of
this title are covered by section 5872 of this title.
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.
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