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86th Congress, H. R. 8461
September 16, 1959

AN ACT

73 STAT. 567.

To amend the Act of September 2, 1958, establishing a Commission and Advisory Committee on International Rules of Judicial Procedure.

Be it enacted by the Senate and IIouse of Representatives of the United States of America in Congress assembled, That the second paragraph of subsection (b) of section 7 of the Act of September 2, 72 Stat. 1745. 1958, establishing a Commission and Advisory Committee on International Rules of Judicial Procedure is amended to read as follows:

"The Commission shall submit its final report and the Commission and the Advisory Committee shall terminate prior to December 31, 1961."

Approved September 16, 1959.

Public Law 86-291

86th Congress, S. 355
September 21, 1959

AN ACT

73 STAT. 570.

To amend title 18 of the United States Code so as to prohibit the misuse by collecting agencies or private detective agencies of names, emblems, and insignia to indicate Federal agency.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 33 of title 18 of the United States Code is amended by adding at the end thereof the following new section:

"g 712. Misuse of names by collecting agencies or private detective agencies to indicate Federal agency

"Whoever, being engaged in the business of collecting or aiding in the collection of private debts or obligations, or being engaged in furnishing private police, investigation, or other private detective services, uses as part of the firm name of such business, or employs in any communication, correspondence, notice, advertisement, or circular the words 'national', 'Federal', or 'United States', the initials 'U.S.', or any emblem, insignia, or name, for the purpose of conveying and in a manner reasonably calculated to convey the false impression that such business is a department, agency, bureau, or instrumentality of the United States or in any manner represents the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both."

Emblems and insignia.

Misuse.

62 Stat. 731.

SEC. 2. The provisions of this section shall become effective sixty Effective days from the enactment thereof.

SEC. 3. The analysis of chapter 33 of title 18 of the United States Code which immediately precedes section 701 of such title is amended by adding at the end thereof the following:

"Sec. 712. Misuse of names by collecting agencies to indicate Federal agency.".

Approved September 21, 1959.

date.

86th Congress, H. R. 4029

June 1, 1960

AN ACT

To amend the Internal Revenue Code of 1954 to eliminate the proration of the occupational tax on persons dealing in machine guns and certain other firearms, to reduce occupational and transfer taxes on certain weapons, to make the transferor and transferee jointly liable for the transfer tax on firearms, and to make certain changes in the definition of a firearm.

74 STAT. 149.

Firearms.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5801 of Taxes. the Internal Revenue Code of 1954 (relating to special (occupational) 26 USC 5801. taxes on persons manufacturing, importing, and dealing in machine guns and certain other firearms) is amended to read as follows:

"SEC. 5801. TAX.

"(a) RATE-On first engaging in business, and thereafter on or before the first day of July of each year, every importer, manufacturer, and dealer in firearms shall pay a special tax at the following rates: "(1) IMPORTERS OR MANUFACTURERS.-Importers or manufacturers, $500 a year or fraction thereof;

"(2) DEALERS OTHER THAN PAWNBROKERS.-Dealers, other than pawnbrokers, $200 a year or fraction thereof;

"(3) PAWNBROKERS.-Pawnbrokers, $300 a year or fraction thereof: Provided, That manufacturers and dealers in guns with combination shotgun and rifle barrels, 12 inches or more but less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and manufacturers and dealers in guns classified as 'any other weapon' under section 5848 (5), shall pay 26 USC 5848. the following taxes: Manufacturers, $25 a year or fraction thereof; dealers, $10 a year or fraction thereof.

"(b) CROSS REFERENCE.—

"For license to transport, ship, or receive firearms or ammunition under the Federal Firearms Act, see section 3 of the Act of June 30, 1938 (52 Stat. 1251; 15 U.S.C. 903)."

SEC. 2. Subsections (a) and (b) of section 5811 of the Internal

Revenue Code of 1954 (relating to transfer tax on machine guns and 26 USC 5811. certain other firearms) are amended to read as follows:

"(a) RATE.-There shall be levied, collected, and paid on firearms transferred in the United States a tax at the rate of $200 for each firearm: Provided, That the transfer tax on any gun with combination shotgun and rifle barrels, 12 inches or more but less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and on any gun classified as 'any other weapon' under section 5848 (5), shall be at the rate of $5. The tax imposed by this section shall be in addition to any import duty imposed on such firearm.

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(b) BY WHOM PAID.-Such tax shall be paid by the transferor: Provided, That if a firearm is transferred without payment of such tax the transferor and transferee shall become jointly and severally liable for such tax."

SEC. 3. Paragraph (1) of section 5848 of the Internal Revenue Code of 1954 (defining the term "firearm") is amended to read as follows:

"(1) FIREARM.-The term 'firearm' means a shotgun having a barrel or barrels of less than 18 inches in length, or a rifle having a barrel or barrels of less than 16 inches in length, or any weapon made from a rifle or shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches, or any other weapon, except a pistol

74 STAT. 150.

26 USC 5685.

or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition."

SEC. 4. Subsections (a) and (b) of section 5685 of the Internal Revenue Code of 1954 (relating to penalty for possession of firearms, etc., when violating liquor laws) are each amended by striking out "shotgun or rifle having a barrel or barrels less than 18 inches in length," and inserting in lieu thereof "shotgun having a barrel or barrels less than 18 inches in length, or a rifle having a barrel or barrels less than 16 inches in length,".

Effective dates. SEC. 5. The amendments made by this Act shall take effect on the first day of the first month which begins more than 10 days after the date of the enactment of this Act and, for purposes of the rate of the special tax imposed by section 5801 of the Internal Revenue Code of 1954, shall apply with respect to periods beginning after June 30,

1960.

Approved June 1, 1960.

Public Law 86-673
86th Congress, H. R. 7379
July 14, 1960

AN ACT

74 STAT. 553.

To amend the Act of July 27, 1956, with respect to the detention of mail for temporary periods in the public interest, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Postal service. July 27, 1956 (70 Stat. 699; Public Law 821, Eighty-fourth Congress; 39 U.S.C. 259b and 259c), is amended to read as follows:

Detention of mail.

"(a) In preparation for or during the pendency of proceedings under section 3929 of the Revised Statutes (17 Stat. 322; 39 U.S.Č. 259), as amended and extended by the Act of March 2, 1895 (28 Stat. 964; 39 U.S.C. 259), section 4041 of the Revised Statutes (17 Stat. 323; 39 U.S.C. 732), as amended, and the Act of August 16, 1950 (64 Stat. 451; 39 U.S.C. 259a), the United States district court in the district in which the defendant receives his mail shall, upon application therefor by the Postmaster General and upon a showing of probable cause to believe the statute is being violated, enter a temporary restraining order and preliminary injunction pursuant to rule 65 of the Federal Rules of Civil Procedure directing the deten- 28 USC App. tion of the defendant's incoming mail by the postmaster pending the conclusion of the statutory proceedings and any appeal therefrom. Any such order, in the discretion of the district court, may provide that the detained mail be open to examination by the defendant and such mail delivered as is clearly not connected with the alleged unlawful activity. Any action taken by a court hereunder shall not be deemed to affect or determine any fact at issue in the statutory proceedings.

"(b) The provisions of subsection (a) of this section shall not apply to mail addressed to publishers of publications which have entry as second-class matter under the Act of March 3, 1879, as amended (20 Stat. 358; 39 U.S.C. 221, and the following), or to mail addressed to the agents of such publishers."

Approved July 14, 1960.

86th Congress, S. 2932
September 2, 1960

AN ACT

74 STAT. 738.

To provide for credit for service of sentence for time spent in custody for want of bail prior to the imposition of sentence by the sentencing court where the statute requires the imposition of a minimum mandatory sentence.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section Criminal proce3568 of title 18, United States Code, is amended to read as follows: dure. Amendment.

"3568. Effective date of sentence; credit for time in custody prior to the imposition of sentence.

"The sentence of imprisonment of any person convicted of an offense Credit for time in a court of the United States shall commence to run from the date in custody. on which such person is received at the penitentiary, reformatory, or jail for service of said sentence: Provided, That the Attorney General shall give any such person credit toward service of his sentence for any days spent in custody prior to the imposition of sentence by the sentencing court for want of bail set for the offense under which sentence was imposed where the statute requires the imposition of a minimum mandatory sentence.

"If any such person shall be committed to a jail or other place of detention to await transportation to the place at which his sentence is to be served, his sentence shall commence to run from the date on which he is received at such jail or other place of detention.

"No sentence shall prescribe any other method of computing the term."

(b) Item 3568 of the analysis of chapter 227, immediately preceding section 3561 of title 18, United States Code, is amended to read as follows:

3568. Effective date of sentence; credit for time in custody prior to imposition of sentence."

SEC. 2. The amendments made by the first section of this Act shall Effective date. be effective only with respect to persons sentenced to imprisonment on or after the thirtieth day after the date of enactment of this Act.

Approved September 2, 1960.

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