CHAPTER 407 - CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY

Title 36 > CHAPTER 407

Sections (22)

§ 40701 Organization

(a) Federal Charter.— Corporation for the Promotion of Rifle Practice and Firearms Safety (in this chapter, the “corporation”) is a federally chartered corporation.

(b) Non-Governmental Status.— The corporation is a private corporation, not a department, agency, or instrumentality of the United States Government. An officer or employee of the corporation is not an officer or employee of the Government.

§ 40702 Governing body

(a) Board of Directors.— The board of directors is the governing body of the corporation. The board of directors may adopt bylaws, policies, and procedures for the corporation and may take any other action that it considers necessary for the management and operation of the corporation. The board shall have at least 9 directors. The term of office of a director is 2 years. A director may be reappointed. A vacancy on the board of directors shall be filled by a majority vote of the remaining directors.

(b) Director of Civilian Marksmanship.— The board of directors shall appoint the Director of Civilian Marksmanship. The Director is responsible for— the daily operation of the corporation; and the duties of the corporation under subchapter II of this chapter.

§ 40703 Powers

The corporation may— adopt, use, and alter a corporate seal, which shall be judicially noticed; make contracts; acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the activities of the corporation; incur and pay obligations; charge fees to cover the corporation’s costs in carrying out the Civilian Marksmanship Program; and do any other act necessary and proper to carry out the activities of the corporation. ( Pub. L. 105–225 , Aug. 12, 1998 , 112 Stat. 1336 .)

§ 40704 Restrictions

(a) Profit.— The corporation may not operate for profit.

(b) Use of Amounts Collected.— Amounts collected under section 40703(3) and (5) of this title, including proceeds from the sale of firearms, ammunition, repair parts, and other supplies, may be used only to support the Civilian Marksmanship Program.

§ 40705 Duty to maintain tax-exempt status

The corporation shall be operated in a manner and for purposes that qualify the corporation for exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(a) ) as an organization described in section 501(c)(3) of that Code ( 26 U.S.C. 501(c)(3) ). ( Pub. L. 105–225 , Aug. 12, 1998 , 112 Stat. 1336 .)

§ 40706 Distribution of assets on dissolution

(a) Secretary of the Army.— On dissolution of the corporation, title to the following items, and the right to possess the items, vest in the Secretary of the Army: Firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama on the date of dissolution. M–16 rifles under control of the corporation. Trophies received from the National Board for the Promotion of Rifle Practice through the date of dissolution.

(b) Tax-Exempt Organizations.— On dissolution of the corporation, an asset not described in subsection (a) of this section may be distributed to an organization that— is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(a) ) as an organization described in section 501(c)(3) of that Code ( 26 U.S.C. 501(c)(3) ); and performs functions similar to the functions described in section 40722 of this title . An asset distributed under this subsection may not be distributed to an individual.

(c) Treasury.— On dissolution of the corporation, any asset not distributed under subsection (a) or (b) of this section shall be sold and the proceeds shall be deposited in the Treasury.

§ 40707 Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation. ( Pub. L. 105–225 , Aug. 12, 1998 , 112 Stat. 1337 .)

§ 40721 Responsibility of corporation

The corporation shall supervise and control the Civilian Marksmanship Program. ( Pub. L. 105–225 , Aug. 12, 1998 , 112 Stat. 1337 .)

§ 40722 Functions

The functions of the Civilian Marksmanship Program are— to instruct citizens of the United States in marksmanship; to promote practice and safety in the use of firearms; to conduct competitions in the use of firearms and to award trophies, prizes, badges, and other insignia to competitors; to secure and account for firearms, ammunition, and other equipment for which the corporation is responsible; to issue, loan, or sell firearms, ammunition, repair parts, and other supplies under sections 40731 and 40732 of this title; and to procure necessary supplies and services to carry out the Program. ( Pub. L. 105–225 , Aug. 12, 1998 , 112 Stat. 1337 .)

§ 40723 Eligibility for participation

(a) Certification.— An individual shall certify by affidavit, before participating in an activity sponsored or supported by the corporation, that the individual— has not been convicted of a felony; has not been convicted of a violation of section 922 of title 18 ; and is not a member of an organization that advocates the violent overthrow of the United States Government. The Director of Civilian Marksmanship may require an individual to provide certification from law enforcement agencies to verify that the individual has not been convicted of a felony or a violation of section 922 of title 18 .

(b) Ineligibility.— An individual may not participate in an activity sponsored or supported by the corporation if the individual— has been convicted of a felony; or has been convicted of a violation of section 922 of title 18 .

(c) Limiting Participation.— The Director may limit participation in the program as necessary to ensure— the safety of participants; the security of firearms, ammunition, and equipment; and the quality of instruction in the use of firearms.

§ 40724 Priority of youth participation

In carrying out the Civilian Marksmanship Program, the corporation shall give priority to activities that benefit firearms safety, training, and competition for youth and that reach as many youth participants as possible. ( Pub. L. 105–225 , Aug. 12, 1998 , 112 Stat. 1338 .)

§ 40725 National Matches and small-arms firing school

(a) Annual Competition.— An annual competition called the “National Matches” and consisting of rifle and pistol matches for a national trophy, medals, and other prizes shall be held as prescribed by the Secretary of the Army.

(b) Eligible Participants.— The National Matches are open to members of the Armed Forces, National Guard, Reserve Officers’ Training Corps, Air Force Reserve Officers’ Training Corps, Citizens’ Military Training Camps, Citizens’ Air Training Camps, and rifle clubs, and to civilians.

(c) Small-Arms Firing School.— A small-arms firing school shall be held in connection with the National Matches.

(d) Other Competitions.— Competitions for which trophies and medals are provided by the National Rifle Association of America shall be held in connection with the National Matches.

§ 40726 Allowances for junior competitors

(a) Definition.— In this section, a “junior competitor” is a competitor at the National Matches, a small-arms firing school, a competition in connection with the National Matches, or a special clinic under section 40725 of this title who is— less than 18 years of age; or a member of a gun club organized for the students of a college or university.

(b) Subsistence Allowance.— A junior competitor may be paid a subsistence allowance in an amount prescribed by the Secretary of the Army.

(c) Travel Allowance.— A junior competitor may be paid a travel allowance in an amount prescribed by the Secretary instead of travel expenses and subsistence while traveling. The travel allowance for the return trip may be paid in advance.

§ 40727 Army support

(a) Logistical Support.— The Secretary of the Army shall provide logistical support to the Civilian Marksmanship Program for competitions and other activities. The corporation shall reimburse the Secretary for incremental direct costs incurred in providing logistical support. The reimbursements shall be credited to the appropriations account of the Department of the Army that is charged to provide the logistical support.

(b) National Matches.— The National Matches may be held at Department of Defense facilities where the National Matches were held before February 10, 1996 . The Secretary shall provide, without cost to the corporation, members of the National Guard and Army Reserve to support the National Matches as part of the annual training under title 10 and title 32.

(c) Regulations.— The Secretary shall prescribe regulations to carry out this section.

§ 40728 Transfer of firearms, ammunition, and parts

(a) Required Transfers.— In accordance with subsection (b) of this section, the Secretary of the Army shall transfer to the corporation all firearms and ammunition that, on February 9, 1996 , were under the control of the director of civilian marksmanship (as that position existed under section 4307 of title 10 on February 9, 1996 ), including— all firearms on loan to affiliated clubs and State associations; all firearms in the possession of the Civilian Marksmanship Support Detachment; and all M–1 Garand and caliber .22 rimfire rifles stored at Defense Distribution Depot, Anniston, Anniston, Alabama.

(b) Time for Transfers.— The Secretary shall transfer firearms and ammunition under subsection (a) of this section as and when necessary to enable the corporation— to issue or loan firearms or ammunition under section 40731 of this title ; or to sell firearms or ammunition under section 40732 of this title .

(c) Vesting of Title in Transferred Items.— Title to an item transferred to the corporation under this section shall vest in the corporation— on the issuance of the item to an eligible recipient under section 40731 of this title ; or immediately before the corporation delivers the item to a purchaser in accordance with a contract for sale of the item that is authorized under section 40732 of this title .

(d) Storage of Firearms.— Firearms stored at Defense Distribution Depot, Anniston, Anniston, Alabama, before February 10, 1996 , and used for the Civilian Marksmanship Program (as that program existed under section 4308(e) of title 10 before February 10, 1996 ), shall remain at that facility or another storage facility designated by the Secretary, without cost to the corporation, until the firearms are issued, loaned, or sold by the corporation, or otherwise transferred to the corporation.

(e) Discretionary Transfer of Parts.— The Secretary may transfer from the inventory of the Department of the Army to the corporation any part from a rifle designated to be demilitarized.

(f) Limitation on Demilitarization of M–1 Rifles.— After February 10, 1996 , the Secretary may not demilitarize an M–1 Garand rifle in the inventory of the Army unless the Defense Logistics Agency decides the rifle is unserviceable.

(g) Cost of Transfers.— A transfer of firearms, ammunition, or parts to the corporation under this section shall be made without cost to the corporation, except that the corporation shall assume the cost of preparation and transportation of firearms and ammunition transferred under this section.

(h) Authorized Transfers.— Subject to paragraph (2), the Secretary may transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus caliber .45 M1911/M1911A1 pistols and spare parts and related accessories for those pistols that, on the date of the enactment of this subsection, are under the control of the Secretary and are surplus to the requirements of the Department of the Army, and such material as may be recovered by the Secretary pursuant to section 40728A(a) of this title . The Secretary shall determine a reasonable schedule for the transfer of such surplus pistols. The Secretary may not transfer more than 10,000 surplus caliber .45 M1911/M1911A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (1) remain available for transfer. The Secretary may conduct a one-time transfer to the corporation, in accordance with the procedure prescribed in this subchapter, of pump action shotguns, including any shotguns that are surplus to the requirements of the Center of Military History and the Army Museum Enterprise, that— on the date of the enactment of this paragraph are under the control of the Secretary; and are surplus to the requirements of the Department of the Army at the time of the submission of the report required in subsection (k). The Secretary may not transfer pursuant to paragraph (3) 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.

(i) Authorized Navy Transfers.— Notwithstanding subsections (a) and (b), the Secretary of the Navy may transfer to the corporation, in accordance with the procedures prescribed in this subchapter, M–1 Garand and caliber .22 rimfire rifles held within the inventories of the United States Navy and the United States Marine Corps and stored at Defense Distribution Depot, Anniston, Alabama, or Naval Surface Warfare Center, Crane, Indiana, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018. The items specified for transfer under paragraph (1)— shall be used as awards for competitors in marksmanship competitions held by the United States Marine Corps or the United States Navy and may not be resold; and shall be rendered inoperable prior to award and transfer to marksmanship competitors. The Secretary of the Navy may conduct a one-time transfer to the corporation, in accordance with the procedure prescribed in this subchapter, of surplus pump action shotguns that— on the date of the enactment of this paragraph are under the control of the Secretary; and are surplus to the requirements of the Department of the Navy at the time of the submission of the report required in subsection (k). The Secretary may not transfer pursuant to paragraph (3) 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.

(j) Authorized Air Force Transfers.— The Secretary of the Air Force may conduct a one-time transfer to the corporation, in accordance with the procedures prescribed in this subchapter, of pump action shotguns that— on the date of the enactment of this paragraph are under the control of the Secretary; and are surplus to the requirements of the Department of the Air Force at the time of the submission of the report required in subsection (k). The Secretary may not transfer pursuant to paragraph (1) 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.

(k) Report Required.— The Secretary concerned authorized to transfer shotguns under subsection (h), (i), or (j) shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes the following elements: The total number of surplus shotguns, including the make and model of each such shotgun, that meet the criteria for transfer to the corporation under such subsection. The total number of surplus shotguns, including the make and mode of each such shotgun, that the Secretary concerned intends to transfer to the corporation under such subsection. In this subsection, the term “Secretary concerned” has the meaning given such term in section 101(a)(9) of title 10 , United States Code.

(l) Limitation on Transfer of Surplus Shotguns.— A Secretary may not transfer surplus shotguns described in subsections (h), (i), or (j), until the date that is 60 days after the date of the submittal of the report required under subsection (k).

(m) Briefing Required.— The Secretary of the Army shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the results of the investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the United States Army Criminal Investigation Division regarding unaccounted for pistols at the corporation. The briefing shall be provided after the investigation has concluded.

§ 40728A Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation

(a) Authority to Recover.— The Secretary of the Army may recover from any country to which surplus firearms, ammunition, repair parts, or other supplies described in section 40732(a) of this title are furnished on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2314 ) any such surplus firearms, ammunition, repair parts, or supplies that become excess to the needs of such country.

(b) Cost of Recovery.— Except as provided in paragraph (2), the cost of recovery of any surplus firearms, ammunition, repair parts, or supplies under subsection (a) shall be treated as incremental direct costs incurred in providing logistical support to the corporation for which reimbursement shall be required as provided in section 40727(a) of this title . The Secretary may require the corporation to pay costs of recovery described in paragraph (1) in advance of incurring such costs. Amounts so paid shall not be subject to the provisions of section 3302 of title 31 , but shall be administered in accordance with the last sentence of section 40727(a) of this title .

(c) Availability for Transfer to Corporation.— Any surplus firearms, ammunition, repair parts, or supplies recovered under subsection (a) shall be available for transfer to the corporation in accordance with section 40728 of this title under such additional terms and conditions as the Secretary shall prescribe for purposes of this section.

§ 40728B Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons

(a) Authority to Recover.— Subject to paragraph (2) and subsection (b), the Secretary of the Army may acquire from any person any rifle, ammunition, repair parts, or other supplies described in section 40731(a) of this title which were— provided to any country on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2314 ) that became excess to the needs of such country; and lawfully acquired by such person. The Secretary of the Army may not acquire anything under paragraph (1) except for transfer to a person in the United States under subsection (c). The Secretary of the Army may accept rifles, ammunition, repair parts, or other supplies under paragraph (1) notwithstanding section 1342 of title 31 .

(b) Cost of Recovery.— The Secretary of the Army may not acquire anything under subsection (a) if the United States would incur any cost for such acquisition.

(c) Availability for Transfer.— Any rifles, ammunition, repair parts, or supplies acquired under subsection (a) shall be available for transfer in the United States to the person from whom acquired if such person— is licensed as a manufacturer, importer, or dealer pursuant to section 923(a) of title 18 ; and uses an ammunition depot of the Army that is an eligible facility for receipt of any rifles, ammunition, repair parts, or supplies under this paragraph.

(d) Market Value.— The Secretary of the Army may only transfer an item under subsection (c) if the Secretary receives fair market value for the item.

(e) Contracts.— Notwithstanding section 3201(e) of title 10 , the Secretary may enter into such contracts or cooperative agreements on a sole source basis pursuant to paragraphs (4) and (5) of section 3204(a) 1 to carry out this section.

(f) AECA.— Transfers authorized under this section may only be made in accordance with applicable provisions of the Arms Export Control Act ( 22 U.S.C. 2778 ).

(g) Rifle Defined.— In this section, the term “rifle” has the meaning given such term in section 921 of title 18 .

§ 40729 Reservation of firearms, ammunition, and parts

(a) Reservation.— The Secretary of the Army shall reserve for the corporation— firearms described in subsections (a) and (h) of section 40728 of this title ; ammunition for firearms described in subsections (a) and (h) of section 40728 of this title ; M–16 rifles held by the Department of the Army on February 10, 1996 , and used to support the small-arms firing school; and parts from, and other supplies for, surplus caliber .30 and caliber .22 rimfire rifles and caliber .45 M1911/M1911A1 surplus pistols.

(b) Exception.— This section does not supersede the authority provided in section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 ( Public Law 101–189 ; 10 U.S.C. 372 note).

§ 40730 Surplus property

The corporation may obtain surplus property from the Defense Reutilization Marketing Service to carry out the Civilian Marksmanship Program. A transfer of property to the corporation under this section shall be made without cost to the corporation. ( Pub. L. 105–225 , Aug. 12, 1998 , 112 Stat. 1340 .)

§ 40731 Issuance or loan of firearms and supplies

(a) Issuance or Loan.— For purposes of training and competition, the corporation may issue or loan, with or without charges to recover administrative costs, caliber .22 rimfire and caliber .30 surplus rifles, air rifles, caliber .22 and .30 ammunition, repair parts, and other supplies necessary for activities related to the Civilian Marksmanship Program to— organizations affiliated with the corporation that provide firearms training to youth; the Boy Scouts of America; 4–H Clubs; the Future Farmers of America; and other youth oriented organizations.

(b) Security of Firearms.— The corporation shall ensure adequate oversight and accountability for firearms issued or loaned under this section. The corporation shall prescribe procedures for the security of issued or loaned firearms in accordance with United States, State, and local laws.

§ 40732 Sale of firearms and supplies

(a) 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.

(b) 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.

(c) 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 .

(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.

§ 40733 Applicability of other law

(a) In General.— Except as provided in subsection (b), section 922(a)(1)–(3) and (5) of title 18 does not apply to the shipment, transportation, receipt, transfer, sale, issuance, loan, or delivery by the corporation, of an item that the corporation is authorized to issue, loan, sell, or receive under this chapter.

(b) Exception.— With respect to firearms other than caliber .22 rimfire and caliber .30 rifles, the corporation shall obtain a license as a dealer in firearms 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.