Pub. L. 85-859, tit. II, sec. 203
TECHNICAL AMENDMENTS RELATING TO MACHINE GUNS AND CERTAIN OTHER FIREARMS.
SEC. 203. TECHNICAL AMENDMENTS RELATING TO MACHINE GUNS AND CERTAIN OTHER FIREARMS. (a) Occupational Tax for Certain Dealers.—Subsection (a) of section 5801 is amended by striking out “dealers, $1 a year” and inserting in lieu thereof “dealers, $1 a year or any part thereof”. Subsection (b) of such section is amended by adding at the end thereof the following new sentence: “This subsection shall not apply to the special tax imposed at the rate of $1 a year or any part thereof.” (b) Transfer Tax.—Section 5811 (a) is amended by striking out “12 inches but less than 18 inches” and inserting in lieu thereof “12 inches or more but less than 18 inches”. (c) Documents To Accompany Transfers.—Section 5814 is amended by striking out subsection (c) and relettering subsections (d) and (e) as (c) and (d),respectively. (d) Tax on Making Certain Firearms.— (1) Section 5821 (a) is amended by striking out “that rate provided in section 5811 (a) which would apply to any transfer of the firearms so made” and inserting in lieu thereof “the rate of $200 for each firearm so made”. (2) Subsection 5821 (b) (2) is amended by striking out “under either section 5811 (a) or”. (e) Identification of Firearms.—Section 5843 is amended to read as follows: “SEC. 5843. IDENTIFICATION OF FIREARMS.“Each manufacturer and importer of a firearm shall identify it with a number and other identification marks approved by the Secretary or his delegate, such number and marks to be stamped or otherwise placed thereon in a manner approved by the Secretary or his delegate.” (f) Definitions.— (1) Paragraph (3) of section 5848 is amended by striking out “designed and made” and inserting in lieu thereof “designed or redesigned and made or remade”. (2) Paragraph (4) of section 5848 is amended by striking out “designed and made” and inserting in lieu thereof “designed or redesigned and made or remade”. (3) Paragraph (7) of section 5848 is amended to read as follows: “(7) Manufacturer.—The term ‘manufacturer’ means any person who is engaged within the United States in the business of manufacturing firearms, or who otherwise produces therein any firearm for sale or disposition.” (g) Short Title, etc.— (1) Subchapter B of chapter 53 is amended by adding at the end thereof the following new section: 72 Stat. 1428 “SEC. 5849. CITATION OF CHAPTER.“This chapter may be cited as the ‘National Firearms Act’ and any reference in any other provision of law to the ‘National Firearms Act’ shall be held to refer to the provisions of this chapter.” (2) The table of sections for subchapter B of chapter 53 is amended by adding at the end thereof the following: “Sec. 5849. Citation of chapter.” (h) Unlawful Possession of Firearms.— (1) The first sentence of section 5851 is amended by striking out the period and inserting in lieu thereof a comma and the following: “or to possess any firearm which has not been registered as required by section 5841.” (2) The heading to section 5851 is amended to read as follows: “SEC. 5851. POSSESSING FIREARMS ILLEGALLY.” (3) The first line of the table of sections for subchapter C of chapter 53 is amended to read as follows: “Sec. 5851. Possessing firearms illegally.” (i) Certain Unlawful Acts.— (1) Subchapter C of chapter 53 is amended by striking out section 5854 and inserting in lieu thereof the following new sections: “SEC. 5854. FAILURE TO REGISTER AND PAY SPECIAL TAX.“It shall be unlawful for any person required to register under the provisions of section 5802 to import, manufacture, or deal in firearms without having registered and paid the tax imposed by section 5801. “SEC. 5855. UNLAWFUL TRANSPORTATION IN INTERSTATE COMMERCE.“It shall be unlawful for any person who is required to register as provided in section 5841 and who shall not have so registered, or any other person who has not in his possession a stamp-affixed order as provided in section 5814 or a stamp-affixed declaration as provided in section 5821, to ship, carry, or deliver any firearm in interstate commerce.” (2) The table of sections for subchapter C of chapter 53 is amended by striking out the last line and inserting in lieu thereof the following: “Sec. 5854. Failure to register and pay special tax. “Sec. 5855. Unlawful transportation in interstate commerce.”