10 USC 4683 - Excess Non-automatic Service Rifles: Loan or Donation for Funeral and Other Ceremonial Purposes

(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.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)




Feb. 10, 1920, ch. 64; restated June 5, 1920, ch. 240 (par. under "Rifles and Accessories for Organizations of War Veterans"); restated May 26, 1952, ch. 364, 66 Stat. 94.
  Dec. 15, 1926, ch. 10, 44 Stat. 922.

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Last modified: October 26, 2015