26 U.S.C. § 5842

Identification of firearms

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(a) Identification of firearms other than destructive devices

Each manufacturer and importer and anyone making a firearm shall identify each firearm, other than a destructive device, manufactured, imported, or made by a serial number which may not be readily removed, obliterated, or altered, the name of the manufacturer, importer, or maker, and such other identification as the Secretary may by regulations prescribe.

(b) Firearms without serial number

Any person who possesses a firearm, other than a destructive device, which does not bear the serial number and other information required by subsection (a) of this section shall identify the firearm with a serial number assigned by the Secretary and any other information the Secretary may by regulations prescribe.

Any firearm classified as a destructive device shall be identified in such manner as the Secretary may by regulations prescribe.

(Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968, 82 Stat. 1230; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)Editorial NotesPrior Provisions

A prior section 5842, act Aug. 16, 1954, ch. 736, 68A Stat. 725, related to books, records, and returns, prior to the general revision of this chapter by Pub. L. 90–618.

Provisions similar to those comprising this section were contained in prior section 5843, act Aug. 16, 1954, ch. 736, 68A Stat. 725, as amended by act Sept. 2, 1958, Pub. L. 85–859, title II, § 203(e), 72 Stat. 1427, prior to the general revision of this chapter by Pub. L. 90–618.

Amendments

1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

Notes of Decisions

Cited in 43 cases (7 in the last 5 years), 1971–2025 · leading case: United States v. Biswell, 406 U.S. 311 (1972).

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United States v. Biswell, 406 U.S. 311 (1972). · cites it 2× “" Counts II-V, on which he was acquitted, charged that he had possessed certain firearms that were not identified by serial number, as required by 26 U. S. C. § 5842 , and that were not registered in the National Firearms Registration and Transfer Record, as required by 26 U.”

United States v. Donald J. Walsh, Jr., & Interrand Corp., 791 F.2d 811 (10th Cir. 1986). · cites it 4× “26 U.S.C. § 5842 (a) & (b). 7 An applicable Treasury *818 regulation requires each manufacturer or importer to legibly identify each firearm by engraving, casting, stamping, impressing or otherwise conspicuously identifying the following information on the firearm: an individual…”

United States v. Charles Allen Stout, John Mark Johnson, 667 F.2d 1347 (11th Cir. 1982). · cites it 2× “Defendants argue that the trial court’s error also requires reversal of their convictions under Count 12 for possessing one hundred silencers not identified by serial numbers in violation of 26 U.S.C. §§ 5842 and 5861(i). Those sections make it unlawful for anyone making a…”

United States v. Matthew Stafford, 416 F.3d 1068 (9th Cir. 2005). “§ 5861 ), and to possess a firearm with a ground-off serial number ( 26 U.S.C. § 5842 ). Moreover, given the photographs that the officers found depicting a man in the bathroom, bleeding and injecting intravenous drugs into his arm, with a handgun resting on the counter, the…”

United States v. Way Quoe Long, 301 F.3d 1095 (9th Cir. 2002). “§ 924 (c)(1) (count 6); possessing a firearm silencer, 26 U.S.C. § 5842 , 5861(i), 5871 (count 7); two counts of possessing a machine gun, 18 U.”

United States of Am., Cross-Appellant v. David J. Lindsay & D.J. Lindsay, Inc., David J. Lindsay, Cross-Appellee, 985 F.2d 666 (2d Cir. 1993). “§ 2 ; possession of a firearm with an obliterated serial number (count 18), see 26 U.S.C. §§ 5842 , 5861(h), and 5871; possession of three unregistered silencers (counts 19-21), see 26 U.”

United States v. William M. Ordner, Jr., 554 F.2d 24 (2d Cir. 1977). · cites it 2× “25 caliber “Pen Guns” ( 26 U.S.C. §§ 5842 , 5845(a), (e) and (j), 5861(e) and (i) and 5871).”

United States v. Bernard Foster, 783 F.2d 1082 (D.C. Cir. 1986). “§ 5861 (d) (1982), and possessing a firearm not identified by serial number in violation of 26 U.S.C. §§ 5842 , 5861(i). The firearm in question was a short-barreled shotgun found by the Metropolitan Police Department at the Argyle Variety Store in Northwest Washington, on a…”

Milton Robbins A/K/A Mickey Robbins v. United States, 476 F.2d 26 (10th Cir. 1973). · cites it 2× “§ 5861 (i), which makes unlawful the possession of a firearm which has not been identified by a serial number as required by 26 U.S.C. § 5842 . The offense charged was not that defendant had failed to have an identification mark placed on the firearm, the offense charged was…”

United States v. Dale R. Javino, 960 F.2d 1137 (2d Cir. 1992). “Section 5842(c) of the Act states that destructive devices such as bombs are to be identified “in such manner as the Secretary [of the Treasury] may by regulations prescribe,” 26 U.S.C. § 5842 (c), and one such regulation permits the maker or importer of such a destructive…”

United States v. Bruce Wayne Johnson, 707 F.2d 317 (8th Cir. 1983). “§§ 5861 (d) and 5871; and pos *319 session of the same twelve gauge shotgun without serial numbers in violation of 26 U.S.C. §§ 5842 , 5861(i) and 5871. Johnson alleges that he received ineffective assistance of counsel at his trial because his attorney failed to move for…”

United States v. Bernard Foster, 783 F.2d 1087 (D.C. Cir. 1986). “§§ 5861 & 5871, and possession of a firearm not identified by a serial number, in violation of 26 U.S.C. §§ 5842 , 5861 & 5871. The theory of the government’s case at trial was that, although the appellant was not in actual possession of the weapon, he was in constructive…”

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