26 U.S.C. § 5685 — Penalty and forfeiture relating to possession of devices for emitting gas, smoke, etc., explosives and firearms, when violating liquor laws
submitted 68 years ago by Pub. L. 85-859 to r/title-26-INTERNAL-REVENUE-CODE · 352 words · no verdicts yet
This section sets penalties and forfeiture involving weapons, explosives, and gas-emitting devices used during liquor-law violations.
(a) During a violation of a United States, possession, or District of Columbia liquor law, or while helping one, a person possessing or controlling a gas-, smoke-, or fume-emitting device usable to hinder pursuit or capture, an explosive, or a firearm other than an excluded machine gun or short-barreled shotgun or rifle may be fined up to $5,000, imprisoned up to 10 years, or both. Everyone involved is treated as possessing or controlling it. (b) Possessing or controlling a machine gun or the specified short-barreled shotgun or rifle carries up to 20 years’ imprisonment, and everyone involved is treated as possessing and controlling it. (c) Every such firearm, device, explosive, machine gun, shotgun, or rifle is seized and forfeited under section 5872. (d) “Machine gun” means the machine gun defined in section 5845(b).
Whoever, when violating any law of the United States, or of any possession of the United States, or of the District of Columbia, in regard to the manufacture, taxation, or transportation of or traffic in distilled spirits*, wines, or beer, or when aiding in any such violation, has in his possession or in his control any device capable of causing emission of gas, smoke, or fumes, and which may be used for the purpose of hindering, delaying, or preventing pursuit or capture, any explosive, or any firearm (as defined in section 5845), except a machine gun, or a shotgun having a barrel or barrels less than 18 inches in length, or a rifle having a barrel or barrels less than 16 inches in length, shall be fined not more than $5,000, or imprisoned not more than 10 years, or both, and all persons engaged in any such violation or in aiding in any such violation shall be held to be in possession or control of such device, firearm, or explosive.
Whoever, when violating any such law, has in his possession or in his control a machine gun, or any shotgun having a barrel or barrels less than 18 inches in length, or a rifle having a barrel or barrels less than 16 inches in length, shall be imprisoned not more than 20 years; and all persons engaged in any such violation or in aiding in any such violation shall be held to be in possession and control of such machine gun, shotgun, or rifle.
Every such firearm or device for emitting gas, smoke, or fumes, and every such explosive, machine gun, shotgun, or rifle, in the possession or control of any person when violating any such law, shall be seized and shall be forfeited and disposed of in the manner provided by section 5872.
As used in this section the term “machine gun” means a machine gun as defined in section 5845(b).
Source credit: (Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1411; amended Pub. L. 86–478, § 4, June 1, 1960, 74 Stat. 150; Pub. L. 94–455, title XIX, § 1905(a)(23), (c)(6), Oct. 4, 1976, 90 Stat. 1821, 1823.)
- 1958Enacted · Pub. L. 85-859 · 72 Stat. 1411
- 1960Amended · Pub. L. 86-478 · 74 Stat. 150
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1821, 1823
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-859 on 1958-09-02.
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