-CITE-
26 USC Subchapter D - Penalties and Forfeitures 01/03/05
-EXPCITE-
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 D - Penalties and Forfeitures
-HEAD-
SUBCHAPTER D - PENALTIES AND FORFEITURES
-MISC1-
Sec.
5871. Penalties.
5872. Forfeitures.
PRIOR PROVISIONS
A prior subchapter D, consisted of sections 5861 and 5862,
prior
to the general revision of this chapter by Pub. L. 90-618,
title
II, Sec. 201, Oct. 22, 1968, 82 Stat. 1227.
-End-
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26 USC Sec. 5871 01/03/05
-EXPCITE-
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 D - Penalties and Forfeitures
-HEAD-
Sec. 5871. Penalties
-STATUTE-
Any person who violates or fails to comply with any
provisions of
this chapter shall, upon conviction, be fined not more
than
$10,000, or be imprisoned not more than ten years, or
both.
-SOURCE-
(Added Pub. L. 90-618, title II, Sec. 201, Oct. 22, 1968, 82
Stat.
1234; amended Pub. L. 98-473, title II, Sec. 227, Oct. 12,
1984, 98
Stat. 2030.)
-MISC1-
PRIOR PROVISIONS
A prior section 5871, act Aug. 16, 1954, ch. 736, 68A Stat.
729,
consisted of provisions similar to those comprising this
section,
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 5861, act Aug. 16, 1954, ch. 736,
68A
Stat. 729, prior to the general revision of this chapter by
Pub. L.
90-618.
AMENDMENTS
1984 - Pub. L. 98-473 struck out ", and shall become
eligible for
parole as the Board of Parole shall determine" after "or
both".
EFFECTIVE DATE OF 1984 AMENDMENT
Section 235(a)(1)(B)(ii)(IV) of Pub. L. 98-473 provided
that the
amendment made by that section is effective Oct. 12,
1984.
EFFECTIVE DATE
Section effective on first day of first month following
October
1968, see section 207(a) of Pub. L. 90-618, set out as a note
under
section 5801 of this title.
-End-
-CITE-
26 USC Sec. 5872 01/03/05
-EXPCITE-
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 D - Penalties and Forfeitures
-HEAD-
Sec. 5872. Forfeitures
-STATUTE-
(a) Laws applicable
Any firearm involved in any violation of the provisions of
this
chapter shall be subject to seizure and forfeiture, and
(except as
provided in subsection (b)) all the provisions of internal
revenue
laws relating to searches, seizures, and forfeitures of
unstamped
articles are extended to and made to apply to the articles
taxed
under this chapter, and the persons to whom this chapter
applies.
(b) Disposal
In the case of the forfeiture of any firearm by reason of
a
violation of this chapter, no notice of public sale shall
be
required; no such firearm shall be sold at a public sale; if
such
firearm is forfeited for a violation of this chapter and
there is
no remission or mitigation of forfeiture thereof, it shall
be
delivered by the Secretary to the Administrator of
General
Services, General Services Administration, who may order
such
firearm destroyed or may sell it to any State, or possession,
or
political subdivision thereof, or at the request of the
Secretary,
may authorize its retention for official use of the
Treasury
Department, or may transfer it without charge to any
executive
department or independent establishment of the Government for
use
by it.
-SOURCE-
(Added Pub. L. 90-618, title II, Sec. 201, Oct. 22, 1968, 82
Stat.
1235; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A),
Oct.
4, 1976, 90 Stat. 1834.)
-MISC1-
PRIOR PROVISIONS
Provisions similar to those comprising this section
were
contained in prior section 5862, act Aug. 16, 1954, ch. 736,
68A
Stat. 729, prior to the general revision of this chapter by
Pub. L.
90-618.
AMENDMENTS
1976 - Subsec. (b). 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(a) of Pub. L. 90-618, set out as a note
under
section 5801 of this title.
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