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10 U.S.C. § 7683Excess non-automatic service rifles: loan or donation for funeral and other ceremonial purposes

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 358 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Army may lend or give up to 15 old M-1 rifles, plus gear, to eligible groups for military funerals and other ceremonies. It can also let honor guards, police agencies, and veterans' groups keep certain other older rifles under set conditions.

(a) Authority To Lend or Donate: (1) The Secretary of the Army, under regulations the Secretary sets, may conditionally lend or donate up to 15 excess M–1 rifles, plus slings and cartridge belts, to an eligible organization for funeral ceremonies of a member or former member of the armed forces, and for other ceremonial purposes. (2) If the rifles are for a military funeral ceremony, the Secretary may issue and deliver them — plus any needed accessories and blank ammunition — free of charge. (3) (A) To help an eligible organization meet its needs for funerals and other ceremonies, the Secretary may, where appropriate, (i) lend or donate other excess non-automatic service rifles, or (ii) let an eligible organization keep non-automatic service rifles other than M–1 rifles that it already has. (B) None of this overrides any other federal law or regulation governing the use or ownership of firearms. (b) Relief From Liability: The Secretary may excuse an eligible organization — and whoever guaranteed its bond — from having to pay for equipment that was lost or destroyed, if there's clear evidence the loss wasn't caused by negligence. (c) Conditions on Loan or Donation: The Secretary must set conditions on how the rifles are used to ensure they stay secure, safe, and accounted for, and may add any other conditions the Secretary considers appropriate. (d) Eligible Organization Defined: This means: (1) a unit or other organization of honor guards the Secretary of the Army recognizes as honor guards for a national cemetery; (2) a law enforcement agency; or (3) a local chapter of a nationally recognized veterans' organization, as the Secretary of the Army determines.
the actual law source: uscode.house.gov ↗public domain
(a)Authority To Lend or Donate.—
(1)

The Secretary of the Army, under regulations prescribed by the Secretary, may conditionally lend or donate excess M–1 rifles (not more than 15), slings, and cartridge belts to any eligible organization for use by that organization for funeral ceremonies of a member or former member of the armed forces, and for other ceremonial purposes.

(2)

If the rifles to be loaned or donated under paragraph (1) are to be used by the eligible organization for funeral ceremonies of a member or former member of the armed forces, the Secretary may issue and deliver the rifles, together with the necessary accoutrements and blank ammunition, without charge.

(3)
(A)

In order to meet the needs of an eligible organization with respect to performing funeral and other ceremonies, if the Secretary determines appropriate, the Secretary may—

(i)

loan or donate excess non-automatic service rifles to an eligible organization; or

(ii)

authorize an eligible organization to retain non-automatic service rifles other than M–1 rifles.

(B)

Nothing in this paragraph shall be construed to supersede any Federal law or regulation governing the use or ownership of firearms.

(b)Relief From Liability.—

The Secretary may relieve an eligible organization to which materials are lent or donated under subsection (a), and the surety on its bond, from liability for loss or destruction of the material lent or donated, if there is conclusive evidence that the loss or destruction did not result from negligence.

(c)Conditions on Loan or Donation.—

In lending or donating rifles under subsection (a), the Secretary shall impose such conditions on the use of the rifles as may be necessary to ensure security, safety, and accountability. The Secretary may impose such other conditions as the Secretary considers appropriate.

(d)Eligible Organization Defined.—

In this section, the term “eligible organization” means—

(1)

a unit or other organization of honor guards recognized by the Secretary of the Army as honor guards for a national cemetery;

(2)

a law enforcement agency; or

(3)

a local unit of any organization that, as determined by the Secretary of the Army, is a nationally recognized veterans’ organization.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 262, § 4683; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 106–65, div. A, title III, § 381(a)–(d)(1), Oct. 5, 1999, 113 Stat. 582; Pub. L. 112–239, div. A, title X, § 1051(a), Jan. 2, 2013, 126 Stat. 1935; renumbered § 7683, Pub. L. 115–232, div. A, title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1602
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 582
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1935
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1839

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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