U.S. Code » Title 26 » Subtitle Subtitle E— Alcohol, Tobacco, and Certain Other Excise Taxes › Chapter CHAPTER 51— DISTILLED SPIRITS, WINES, AND BEER › Subchapter Subchapter J— Penalties, Seizures, and Forfeitures Relating to Liquors › Part PART IV— PENALTY, SEIZURE, AND FORFEITURE PROVISIONS COMMON TO LIQUORS

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

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(a) Penalty for possession of devices for emitting gas, smoke, etc.

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.

(b) Penalty for possession of machine gun, etc.

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.

(c) Forfeiture of firearms, devices, etc.

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.

(d) Definition of machine gun

As used in this section the term “machine gun” means a machine gun as defined in section 5845(b).

(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.)Editorial NotesPrior Provisions

A prior section 5685, act Aug. 16, 1954, ch. 736, 68A Stat. 699, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85–859.

Amendments

1976—Subsec. (a). Pub. L. 94–455, § 1905(a)(23)(A), (c)(6), struck out “Territory or” after “United States, or of any” and substituted “section 5845” for “section 5848”.

Subsec. (c). Pub. L. 94–455, § 1905(a)(23)(B), substituted “section 5872” for “section 5862”.

Subsec. (d). Pub. L. 94–455, § 1905(a)(23)(C), substituted “means a machinegun as defined in section 5845(b)” for “means any weapon which shoots, or is designed to shoot, automatically or semiautomatically, more than one shot, without manual reloading, by a single function of the trigger”.

1960—Subsecs. (a), (b). Pub. L. 86–478 substituted “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” for “shotgun or rifle having a barrel or barrels less than 18 inches in length”.

Statutory Notes and Related SubsidiariesEffective Date of 1976 Amendment

Amendment by Pub. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1905(d) of Pub. L. 94–455, set out as a note under section 5005 of this title.

Effective Date of 1960 Amendment

Amendment by Pub. L. 86–478 effective on first day of first month which begins more than 10 days after June 1, 1960, see section 5 of Pub. L. 86–478, June 1, 1960, 74 Stat. 150.

Notes of Decisions
Cited in 8 cases, 1969–2020 · leading case: In re Charles Therion Clayton, 829 F.3d 1254 (11th Cir. 2016).
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In re Charles Therion Clayton, 829 F.3d 1254 (11th Cir. 2016). · cites it 2× “§§ 922 (a)–(p), (r)–(w), (x)(1), 923, 924(a), (b), (e)–(i), (k)–(o), 2332g, as well as 26 U.S.C. §§ 5685 , 5861(a)–(l), 5871. See USSG App.”
United States v. Calvin Matchett, 837 F.3d 1118 (11th Cir. 2016). · cites it 2× “§§ 922 (a)–(p), (r)–(w), (x)(1), 923, 924(a), (b), (e)–(i), (k)–(o), 2332g, as well as 26 U.S.C. §§ 5685 , 5861(a)–(l), 5871. See USSG App.”
Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives, 140 S. Ct. 789 (2020). “" 26 U.S.C. § 5685 (b), 18 U.S.C. § 924 (a)(2).”
United States v. Eighty-Eight Thousand, 671 F.2d 293 (8th Cir. 1982). “§§ 812 , 881(f)), moonshine whiskey ( 26 U.S.C. §§ 5685 and 7302) and sawed-off shotguns ( 26 U.”
United States v. Robert Barnett, 418 F.2d 309 (6th Cir. 1969). “26 U.S.C. § 5685 (a). The Defendant was sentenced to serve a penitentiary sentence of one year on count one of the indictment and one year on count three, said sentences to run consecutively.”
In re Charles Therion Clayton, No. 16-14556 (11th Cir. July 18, 2016). “§§ 922 (a)–(p), (r)–(w), (x)(1), 923, 924(a), (b), (e)–(i), (k)–(o), 2332g, as well as 26 U.S.C. §§ 5685 , 5861(a)–(l), 5871. See USSG App.”
Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives, No. 19-296 (U.S. Mar. 2, 2020). “” 26 U. S. C. §5685 (b), 18 U. S. C. §924 (a)(2).”
United States v. Lee Roy Thurman, 440 F.2d 1323 (6th Cir. 1971). “The Second Count charged illegal possession of 49 gallons of non-tax paid whiskey in violation of Title 26 U.S.C.A. § 5685 (a). The arrest occurred on November 17, 1969, and the subsequent conviction arose out of the following facts.”
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