26 U.S.C. § 5822
Section 5822 · Making
This is § 201 of the Gun Control Act of 1968
Amended 2 times on record
Applied in 116 court decisions — leading case United States v. Thompson/Center Arms Co. (1992)
Most recently applied in Ken Paxton, Atty Gen v. Dettelbach (June 2024)
Cases citing this section usually also cite 26 U.S.C. § 5861 · 26 U.S.C. § 5845 · 18 U.S.C. § 922
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No person shall make a firearm unless he has (a) filed with the Secretary a written application, in duplicate, to make and register the firearm on the form prescribed by the Secretary; (b) paid any tax payable on the making and such payment is evidenced by the proper stamp affixed to the original application form; (c) identified the firearm to be made in the application form in such manner as the Secretary may by regulations prescribe; (d) identified himself in the application form in such manner as the Secretary may by regulations prescribe, except that, if such person is an individual, the identification must include his fingerprints and his photograph; and (e) obtained the approval of the Secretary to make and register the firearm and the application form shows such approval. Applications shall be denied if the making or possession of the firearm would place the person making the firearm in violation of law.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Prior Provisions
A prior section 5831, act Aug. 16, 1954, ch. 736, 68A Stat. 724, made a cross reference to section 4181 of this title relating to an excise tax on pistols, revolvers, and firearms, prior to the general revision of this chapter by Pub. L. 90–618, title II, §201, Oct. 22, 1968, 82 Stat. 1227.
Amendments
1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary”.