U.S. Code » Title 26 » Subtitle Subtitle E— Alcohol, Tobacco, and Certain Other Excise Taxes › Chapter CHAPTER 53— MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS › Subchapter Subchapter B— General Provisions and Exemptions › Part PART I— GENERAL PROVISIONS

26 U.S.C. § 5844

Importation

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No firearm shall be imported or brought into the United States or any territory under its control or jurisdiction unless the importer establishes, under regulations as may be prescribed by the Secretary, that the firearm to be imported or brought in is—(1) being imported or brought in for the use of the United States or any department, independent establishment, or agency thereof or any State or possession or any political subdivision thereof; or(2) being imported or brought in for scientific or research purposes; or(3) being imported or brought in solely for testing or use as a model by a registered manufacturer or solely for use as a sample by a registered importer or registered dealer;except that, the Secretary may permit the conditional importation or bringing in of a firearm for examination and testing in connection with classifying the firearm.(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 5844, act Aug. 16, 1954, ch. 736, 68A Stat. 725, related to exportation, 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 5845, act Aug. 16, 1954, ch. 736, 68A Stat. 725, 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 11 cases (1 in the last 5 years), 1965–2022 · leading case: Keith Baranski v. United States, 880 F.3d 951 (8th Cir. 2018).
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Keith Baranski v. United States, 880 F.3d 951 (8th Cir. 2018). “Turning to the facts of this case, the trial testimony of cooperating conspirators James Carmi and Jeff Knipp, corroborated by other government witnesses and extensive’ documentary evidence, established that Baranski obtained machine guns in Eastern Europe and placed them in a…”
United States v. Vahan Kelerchian, 937 F.3d 895 (7th Cir. 2019). “” 26 U.S.C. § 5844 ; see also 27 C.F.R. § 479.”
Matter of Extradition of Valdez-Mainero, 3 F. Supp. 2d 1112 (S.D. Cal. 1998). · cites it 5× “§§ 922(l) and 924(a)(1)(C), and by 26 U.S.C. § 5844 . 5 *1117 The government asserted, “Sections 922© and 5844 are strict prohibitions on the importation of weapons into the United States with narrow exceptions .”
United States v. Dale R. Javino, 960 F.2d 1137 (2d Cir. 1992). “§ 5861 (k) (emphasis added); and in § 5844, it has sharply limited the legality of such importation, see 26 U.S.C. § 5844 (permitting importation of firearms for use by the United States or any State, for scientific or research purposes, or for use as a sample by a registered…”
United States v. Christopher Hay, 46 F.4th 746 (8th Cir. 2022). “§§ 5841 , 5845, 5861(d), and 5871; and possession of unlawfully imported firearms under 26 U.S.C. §§ 5844 , 5845, 5861(k), and 5871.”
Interport Inc v. Magaw, John, 135 F.3d 826 (D.C. Cir. 1998). · cites it 3× “See 26 U.S.C. § 5844 ; 27 C.F.R. § 179.111 . A would-be importer must file an application, including BATF “Form 6,” which requires “a detailed explanation of why the importation of the firearm falls within” one of the permitted categories.”
Baranski v. Fifteen Unknown Agents of the Bureau of Alcohol, Tobacco & Firearms, 401 F.3d 419 (6th Cir. 2005). · cites it 2× “§ 922 (o); 26 U.S.C. § 5844 ; and 26 U.S.C. § 5861 (1).”
Bennie Lee Dugan v. United States, 341 F.2d 85 (7th Cir. 1965). “§ 5821 , imposing a tax on and requiring a disclosure of the making of a firearm; (6) 26 U.S.C.A. § 5844 , relating to the exportation of firearms; and (7) 26 U.”
Interport, Inc. v. Magaw, 923 F. Supp. 242 (D.D.C. 1996). · cites it 3× “The relevant statute is found at 26 U.S.C. § 5844 , which provides that: No firearm shall be imported or brought into the United States or any territory under its control or jurisdiction unless the importer establishes under regulations as may be prescribed by the Secretary,…”
Brennan v. United States, 435 F. Supp. 451 (E.D. Mich. 1977). · cites it 3× “The Bureau denied plaintiff’s request because the eighty-nine firearms exported by him were no longer registered to him in the national registry and he did not meet the requirements of Title 26 U.S.C. § 5844 , 1 a necessary prerequisite for the importation of National Firearms…”
United States v. Vahan Kelerchian (7th Cir. 2019). “” 26 U.S.C. § 5844 ; see also 27 C.F.R. § 479.”
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