26 U.S.C. § 5861
Prohibited acts
A prior section 5861, act Aug. 16, 1954, ch. 736, 68A Stat. 729, relating to penalties, was omitted in the general revision of this chapter by Pub. L. 90–618.
Provisions similar to those comprising subsecs. (a), (b), (d), (g), (j), and (k) of this section were contained in prior sections of act Present subsecs.: Prior sections (a) 5854. (b) 5851. (d) 5854. (g) 5852. (j) 5855. (k) 5853.
The prior sections 5851 to 5853, act Aug. 16, 1954, ch. 736, are set out in 68A Stat. 728.
The prior sections 5854 and 5855, Pub. L. 85–859, title II, § 203(i)(1),
A prior section 5862, act Aug. 16, 1954, ch. 736, 68A Stat. 729, relating to the forfeiture and disposal of any firearm involved in any violation of the provisions of this chapter or any regulation promulgated thereunder, was omitted in the general revision of this chapter by Pub. L. 90–618. The provisions of prior section 5862 of this title are covered by section 5872 of this title.
Section effective on first day of first month following October 1968, see section 207 of Pub. L. 90–618, set out as a note under section 5801 of this title.
Notes of Decisions
Cited in 2,717
cases (190 in the last 5 years), 1958–2026 · leading case: United States v. Randeep Mann
United States v. Randeep Mann (2012)
“§ 844 (i); possession of unregistered grenades in violation of 26 U.S.C. § 5861 (d); possession of an unregistered machinegun in violation of 26 U.”
United States v. Cox (2018)
“Counts 2, 3, and 4 each charged Cox with possessing an unregistered firearm-a destructive device, a short-barreled rifle, and another destructive device, 3 respectively-in violation of 26 U.S.C. § 5861 (d). Count 5 accused both Cox and Kettler of conspiring, under 18 U.”
Staples v. United States (1994)
“" 26 U. S. C. § 5861 (d). Nevertheless, silence on this point by itself does not necessarily suggest that Congress intended to dispense with a conventional mens rea element, which would require that the defendant know the facts that make his conduct illegal.”
Groh v. Ramirez (2004)
“See 26 U. S. C. § 5861 (requiring registration, but not banning possession of, certain firearms).”
United States v. Bryant (2008)
“*350 EDWARDS, Senior Circuit Judge: Appellant William Bryant and his codefendant, Timothy Walker, were arrested *351 on February 9, 2005 and subsequently charged with possession of an unregistered firearm, in violation of 26 U.S.C. § 5861 (d), and possession of a firearm and…”
United States v. Lloyd Taylor (1984)
“Defendant-Appellant, Lloyd Taylor, appeals his conviction in the United States District Court, Northern District of Illinois, for possession of an unregistered machine gun and an unregistered silencer in violation of 26 U.S.C. § 5861 (d) (1976). We affirm. I The evidence at…”
United States v. Arnold Jackson (1997)
“OPINION WILLIAMS, Circuit Judge: A jury found Arnold Jackson guilty of possessing an unregistered firearm (a sawed-off shotgun) in violation of 26 U.S.C.A. § 5861 (d) (West 1989), and of possessing the firearm despite a previous felony conviction in violation of 18 U.”
United States v. Paul Suarez (2018)
“16-41267 26 U.S.C. § 5861 (d). Suarez moved for acquittal on Counts III and IV under Federal Rule of Criminal Procedure 29, but the district court denied the motion.”
Reynaldo Castillo v. United States (2016)
“Federal authorities then convicted Castillo of illegally possessing and making guns, 26 U.S.C. §§ 5861 , 5871. He later filed a motion to vacate, 28 U.”
United States v. Carmel (2008)
“Defendant David Carmel pleaded guilty to one count of possessing an unregistered machine gun in violation of 26 U.S.C. § 5861 , reserving his right to appeal from the district court’s denial of his motion to suppress, its denial of his motion for a hearing pursuant to Franks v.”
United States v. Bryan Burwell (2012)
“United States, when it implied a mens rea requirement in 26 U.S.C. § 5861 (d), a provision that made it “unlawful for any person … to receive or possess a firearm which is not [federally] registered.”
United States v. Leonard Joseph Yannott (1995)
“§ 922 (g), and possession of an unregistered firearm in violation of 26 U.S.C. § 5861 (d). On appeal, the issues are (1) whether the district court properly denied defendant’s motion to quash or dismiss the indictment for lack of jurisdiction over the offenses charged, (2)…”
— 26 U.S.C. § 5861(b) — 1 case
United States v. Britton (1969)
— 26 U.S.C. § 5861(c) — 4 cases
United States v. Talbott (1998)
— 26 U.S.C. § 5861(d) — 36 cases
United States v. Arnold Jackson (1997)
“OPINION WILLIAMS, Circuit Judge: A jury found Arnold Jackson guilty of possessing an unregistered firearm (a sawed-off shotgun) in violation of 26 U.S.C.A. § 5861 (d) (West 1989), and of possessing the firearm despite a previous felony conviction in violation of 18 U.”
— 26 U.S.C. § 5861(i) — 1 case
United States v. LeaSure (1997)
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