10-U.S.C.-4683

§4683 – Excess Non-Automatic Service Rifles: Loan Or Donation For Funeral and Other Ceremonial Purposes

Pathway

Title 10 > Subtitle B > Part IV > Chapter 443 > Section 4683

Details

• Reference: Section 4683
• Legend: §4683 – Excess Non-Automatic Service Rifles: Loan Or Donation For Funeral and Other Ceremonial Purposes
• USCode Year: 2013

Provision Content

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 262; 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.)

In subsection (a), the words rules, limitations and in suitable amounts are omitted as surplusage. The words (not more than 10) are substituted for 50:62 (proviso). The words any local unit are substituted for the words posts or camps, before the words of national. The words that unit are substituted for the word them. The words those units are substituted for the words such posts and camps. The words a member or former member of the armed forces are substituted for the words soldiers, sailors, and marines. Clause (2) is substituted for 50:62 (words between semicolon and colon).

In subsection (b), the words a unit to which materials are lent under subsection (a) are substituted for the description of the posts or camps covered. The words the material lent are substituted for the words obsolete or condemned Army rifles, slings, and cartridge belts loaned by the Secretary of the Army under authority of section 62 of this title.

Amendments

2013—Pub. L. 112–239, §1051(a)(2), substituted Excess non-automatic service rifles: loan or donation for funeral and other ceremonial purposes for Excess M–1 rifles: loan or donation for funeral and other ceremonial purposes in section catchline.

Subsec. (a)(3). Pub. L. 112–239, §1051(a)(1), added par. (3).

1999—Pub. L. 106–65, §381(d)(1), substituted Excess M–1 rifles: loan or donation for funeral and other ceremonial purposes for Obsolete or condemned rifles: loan to local units of recognized veterans’ organizations in section catchline.

Subsec. (a). Pub. L. 106–65, §381(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: The Secretary of the Army, under regulations to be prescribed by him, may—

(1) lend obsolete or condemned rifles (not more than 10), slings, and cartridge belts to any local unit of any national veterans’ organization recognized by the Department of Veterans Affairs, for use by that unit for funeral ceremonies of a member or former member of the armed forces, and for other ceremonial purposes; and

(2) issue and deliver to those units blank ammunition for those rifles—

(A) without charge, if it is to be used for ceremonies at national cemeteries; and

(B) without charge, except for packing, handling, and transportation, if it is to be used for other ceremonies.

Subsec. (b). Pub. L. 106–65, §381(c), inserted heading, substituted an eligible organization for a unit and lent or donated for lent in two places.

Subsecs. (c), (d). Pub. L. 106–65, §381(b), added subsecs. (c) and (d).

1989—Subsec. (a)(1). Pub. L. 101–189 substituted Department of Veterans Affairs for Veterans’ Administration.

Report on Implementation

Pub. L. 106–65, div. A, title III, §381(e), Oct. 5, 1999, 113 Stat. 583, provided that, not later than two years after Oct. 5, 1999, the Comptroller General was to review the exercise of authority under this section and submit to Congress a report on the findings resulting from the review.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-4593 in the Legal Encyclopedia: Army

In this entry about 10-U.S.C.-4593, find legal reference material, bibliographies and premiere content related to army in the American Encyclopedia of Law, presenting a comprehensive view of the United States army-specific issues, written by authorities in the field.

10-U.S.C.-4629 in the Legal Encyclopedia: Supply to Military

In this entry about 10-U.S.C.-4629, find legal reference material, bibliographies and premiere content related to supply to military in the American Encyclopedia of Law, presenting a comprehensive view of the United States supply to military-specific issues, written by authorities in the field.

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