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. § 5848

Restrictive use of information

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(a) General rule

No information or evidence obtained from an application, registration, or records required to be submitted or retained by a natural person in order to comply with any provision of this chapter or regulations issued thereunder, shall, except as provided in subsection (b) of this section, be used, directly or indirectly, as evidence against that person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration, or the compiling of the records containing the information or evidence.

(b) Furnishing false information

Subsection (a) of this section shall not preclude the use of any such information or evidence in a prosecution or other action under any applicable provision of law with respect to the furnishing of false information.

(Added Pub. L. 90–618, title II, § 201, Oct. 22, 1968, 82 Stat. 1232.)Editorial NotesPrior Provisions

A prior section 5848, act Aug. 16, 1954, ch. 736, 68A Stat. 727, as amended by acts Sept. 2, 1958, Pub. L. 85–859, title II, § 203(f), 72 Stat. 1427; June 1, 1960, Pub. L. 86–478, § 3, 74 Stat. 149, related to definition of a firearm, machine gun, rifle, shotgun, other weapon, importer, manufacturer, dealer, interstate commerce, transfer and person, prior to the general revision of this chapter by Pub. L. 90–618.

Notes of Decisions
Cited in 74 cases, 1958–2009 · leading case: Haynes v. United States, 390 U.S. 85 (1968).
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Haynes v. United States, 390 U.S. 85 (1968). · cites it 6× “§ 5851 , knowingly possessed a firearm, as defined by 26 U. S. C. § 5848 (1), which had not been registered with the Secretary of the Treasury or his delegate, as required by 26 U.”
United States v. Freed, 401 U.S. 601 (1971). · cites it 5× “26 U. S. C. § 5848 (1964 ed., Supp. V). The amended registration provisions of the National Firearms Act do not pose any realistic possibility of self-incrimination of the transferee under federal law.”
State v. Hamlin, 497 So. 2d 1369 (La. 1986). · cites it 5× “ce obtained from an application, registration or records required to be submitted or retained by a natural person in order to comply with any provision of this Part or regulations issued thereunder shall, except as provided by the laws on perjury or false swearing, be used,…”
United States v. Leonard Joseph Yannott, 42 F.3d 999 (6th Cir. 1995). “1965) (concluding that a shotgun was a firearm within 26 U.S.C. § 5848 even though it did not have a firing pin because an ordinary wire nail could be substituted for the firing pin).”
United States v. Virgilio Patricio Flores, 753 F.2d 1499 (9th Cir. 1985). · cites it 2× “26 U.S.C. § 5848 (1982) (originally enacted as Act of Oct.”
United States v. Jessie Buchanan, 787 F.2d 477 (10th Cir. 1986). “1965) (Government officer testified that weapon was a "pistol" under 26 U.S.C. § 5848 ). Apart from Bryan and McCauley , however, the courts of appeals have rarely addressed the propriety of such testimony.”
Thompson/Ctr. Arms Co., a Div. of the K.W. Thompson Tool Co., Inc. v. The United States, 924 F.2d 1041 (Fed. Cir. 1991). · cites it 2× “3 (codified at 26 U.S.C. § 5848 (1954)). The original definition of “rifle” read: The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed and made to use the energy of the explosive in a fixed metallic…”
Robert Bolivar Depugh v. United States of Am., Walter P. Peyson v. United States of Am., Troy Haughton v. United States, 401 F.2d 346 (8th Cir. 1968). · cites it 3× “§ 5811 , by transferring firearms as defined in 26 U.S.C. § 5848 , without paying the required tax; (2) 26 U.”
United States v. Modina Lim, 444 F.3d 910 (7th Cir. 2006). “26 U.S.C. § 5848 generally prohibits the use of information supplied in compliance with the registration requirement in a criminal prosecution of the registrant.”
United States of Am., & v. Richard J. Oba, &, 448 F.2d 892 (9th Cir. 1971). · cites it 2× “Because of the prophylactic language of 26 U.S.C. § 5848 (a) 3 and the “practice” of the Internal Revenue Service of not making available to such agencies, state as well as federal, information resulting from such compliance, the court was of the view that such a contention was…”
United States v. Alfred Earl Harflinger, 436 F.2d 928 (8th Cir. 1971). “The amended act further provides that information or evidence obtained from a person attempting to comply with the provisions of the act shall not be used against a person in a criminal proceeding except in the case of perjury.”
Arthur Earl Marshall v. United States, 422 F.2d 185 (5th Cir. 1970). “” The statutory definition is found in 26 U.S.C.A. § 5848 , which provides in pertinent part: For purposes of this chapter— (1) Firearm.”
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— 26 U.S.C. § 5848(1) — 1 case
United States v. Bethea, 387 F. Supp. 969 (D. Conn. 1975).
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