
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 36USC40728]

 
     TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND 
                              ORGANIZATIONS
 
            Subtitle II--Patriotic and National Organizations
 
                          Part B--Organizations
 
    CHAPTER 407--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND 
                             FIREARMS SAFETY
 
              SUBCHAPTER II--CIVILIAN MARKSMANSHIP PROGRAM
 
Sec. 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--
        (1) all firearms on loan to affiliated clubs and State 
    associations;
        (2) all firearms in the possession of the Civilian Marksmanship 
    Support Detachment; and
        (3) 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--
        (1) to issue or loan firearms or ammunition under section 40731 
    of this title; or
        (2) 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--
        (1) on the issuance of the item to an eligible recipient under 
    section 40731 of this title; or
        (2) 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.

(Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1339.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
40728(a)..............................  36:5505(a).                      Feb. 1
0, 1996, Pub. L. 104-106, title
                                                                          XVI, 
Secs.  1615, 1616(b), (c), 110
                                                                          Stat.
 518, 519; Sept. 23, 1996, Pub.
                                                                          L. 10
4-201, title X, Sec.  1073(c)(1),
                                                                          (2), 
110 Stat. 2657.
40728(b)..............................  36:5505(b).
40728(c)..............................  36:5505(d).
40728(d)..............................  36:5506(b).
40728(e)..............................  36:5505(c).
40728(f)..............................  36:5506(c).
40728(g)..............................  36:5505(e).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``director of civilian marksmanship (as 
that position existed under section 4307 of title 10 on February 9, 
1996)'' are substituted for ``Director of the Civilian Marksmanship 
Program'' to avoid confusion with the office of the Director of Civilian 
Marksmanship created on February 10, 1996, by section 1611(d) of The 
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106, 110 Stat. 516).
    In subsection (b), the words ``firearms or ammunition'' are 
substituted for ``such items'' for clarity. In clause (2), the words 
``to purchasers'' are omitted as unnecessary.
    In subsection (c)(1), the words ``eligible recipient'' are 
substituted for ``recipient eligible . . . to receive the item'' to 
eliminate unnecessary words.
    In subsection (c)(2), the word ``purchaser'' is substituted for 
``purchaser of the item'' to eliminate unnecessary words.
    In subsection (d), the words ``(as that program existed under 
section 4308(e) of title 10 before February 10, 1996)'' are added for 
clarity. The words ``issued, loaned, or sold by the corporation'' are 
substituted for ``issued, loaned, or sold by'' for clarity.
    In subsection (e), the words ``transfer . . . to'' are substituted 
for ``make available to'' for consistency in the revised section and in 
consideration of the words ``transfer of . . . parts to'' in 36:5505(e).

                       References in Text

    Sections 4307 and 4308 of title 10, referred to in subsecs. (a) and 
(d), were repealed by Pub. L. 104-106, div. A, title XVI, 
Sec. 1624(a)(1), Feb. 10, 1996, 110 Stat. 522.

                  Section Referred to in Other Sections

    This section is referred to in section 40729 of this title.
