Page:United States Statutes at Large Volume 74.djvu/189

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[74 Stat. 149]
[74 Stat. 149]
PUBLIC LAW 86-000—MMMM. DD, 1960

74

STAT.]

PUBLIC LAW 86-478-JUNE 1, 1960

149

Public Law 86-478 AN ACT To amend the Internal Revenue Code of 1954 to eliminate the proration of the occupational tax on persons dealing in machine guns and certain other firearms, to reduce occupational and transfer taxes on certain weapons, to make the transferor and transferee jointly liable for the transfer tax on firearms, and to make certain changes in the definition of a firearm.

June I, 1960 [H. R. 4029]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5801 of Taxes. Firearms. the Internal Revenue Code of 1954 (relating to special (occupational) 26 USC 5801. taxes on persons manufacturing, importing, and dealing in machine guns and certain other firearms) is amended to read as follows: "SEC. 5801. TAX.

" (a) RATE.—On first engaging in business, and thereafter on or before the first day of July of each year, every importer, manufacturer, and dealer in firearms shall pay a special tax at the following rates: "(1) IMPORTERS OR MANUFACTURERS.—Importers or manufacturers, $500 a year or fraction thereof; "(2) DEALERS OTHER THAN PAWNBROKERS.—Dealers, other than pawnbrokers, $200 a year or fraction thereof; "(3) PAWNBROKERS.—Pawnbrokers, $300 a year or fraction thereof: Provided, That manufacturers and dealers in guns with combination shotgun and rifle barrels, 12 inches or more but less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and manufacturers and dealers in guns classified as 'any other weapon' under section 5848(5), shall pay the following taxes: Manufacturers, $25 a year or fraction thereof; dealers, $10 a year or fraction thereof. "(b)

26 USC 5848.

CROSS REFERENCE.— "For license to transport, ship, or receive firearms or ammunition under the Federal Firearms Act, see section 3 of the Act of June 30, 1938 (52 Stat. 1251; 15 U.S.C. 903)."

SEC. 2. Subsections (a) and (b) of section 5811 of the Internal Revenue Code of 1954 (relating to transfer tax on machine guns and certain other firearms) are amended to read as follows: " (a) RATE.—There shall be levied, collected, and paid on firearms transferred in the United States a tax at the rate of $200 for each firearm: Provided, That the transfer tax on any gun with combination shotgun and rifle barrels, 12 inches or more but less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and on any gun classified as 'any other weapon' under section 5848(5), shall be at the rate of $5. The tax imposed by this section shall be in addition to any import duty imposed on such firearm. "(b) BY W H O M PAID.—Such tax shall be paid by the transferor: Provided, That if a firearm is transferred without payment of such tax the transferor and transferee shall become jointly and severally liable for such tax." SEC. 3. Paragraph (1) of section 5848 of the Internal Revenue Code of 1954 (defining the term "firearm") is amended to read as follows: " (1) FIREARM.—The term 'firearm' means a shotgun having a barrel or barrels of less than 18 inches in length, or a rifle having a barrel or barrels of less than 16 inches in length, or any weapon made from a rifle or shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches, or any other weapon, except a pistol

26 USC 5311.