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Code · U.S. Code · Title 26 - INTERNAL REVENUE CODE · CHAPTER 53— MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS · Subchapter B— General Provisions and Exemptions · § 5852

§ 5852. General transfer and making tax exemption

391 words·~2 min read·/usc/title-26/section-5852

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Transfer Any firearm may be transferred to the United States or any department, independent establishment, or agency thereof, without payment of the transfer tax imposed by section 5811.
(b)Making by a person other than a qualified manufacturer Any firearm may be made by, or on behalf of, the United States, or any department, independent establishment, or agency thereof, without payment of the making tax imposed by section 5821.
(c)Making by a qualified manufacturer A manufacturer qualified under this chapter to engage in such business may make the type of firearm which he is qualified to manufacture without payment of the making tax imposed by section 5821.
(d)Transfers between special (occupational) tax­payers A firearm registered to a person qualified under this chapter to engage in business as an importer, manufacturer, or dealer may be transferred by that person without payment of the transfer tax imposed by section 5811 to any other person qualified under this chapter to manufacture, import, or deal in that type of firearm.
(e)Unserviceable firearm An unserviceable firearm may be transferred as a curio or ornament without payment of the transfer tax imposed by section 5811, under such requirements as the Secretary may by regulations prescribe.
(f)Right to exemption No firearm may be transferred or made exempt from tax under the provisions of this section unless the transfer or making is performed pursuant to an application in such form and manner as the Secretary may by regulations prescribe.
(Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968, 82 Stat. 1233; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
Connections7 cite this · traces to 2
11 references not yet in our index
  • Pub. L. 90–618, title II, § 201
  • 82 Stat. 1233
  • Pub. L. 94–455, title XIX, § 1906(b)(13)(A)
  • 90 Stat. 1834
  • act Aug. 16, 1954, ch. 736
  • 68A Stat. 728
  • Pub. L. 90–618
  • 68A Stat. 723
  • Pub. L. 85–859, title II, § 203(c)
  • 72 Stat. 1427
  • Pub. L. 94–455
Citation graph
cites case law
§ 5852
General transfer and making tax exemption
Fed. Reg.×5
C.F.R.×2
Pub. L.Pub. L. 90–618, title II, § 201
Stat.82 Stat. 1233
Pub. L.Pub. L. 94–455, title XIX, § 1906(b)(13)(A)
Stat.90 Stat. 1834
Actact Aug. 16, 1954, ch. 736
Cites 13 · showing 7Cited by 7 across 2 sources
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