§ 1262. — Transportation into State prohibiting sale.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1262]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 59--LIQUOR TRAFFIC
Sec. 1262. Transportation into State prohibiting sale
Whoever imports, brings, or transports any intoxicating liquor into
any State, Territory, District, or Possession in which all sales, except
for scientific, sacramental, medicinal, or mechanical purposes, of
intoxicating liquor containing more than 4 per centum of alcohol by
volume or 3.2 per centum of alcohol by weight are prohibited, otherwise
than in the course of continuous interstate transportation through such
State, Territory, District, or Possession or attempts so to do, or
assists in so doing,
Shall (1) If such liquor is not accompanied by such permits, or
licenses therefor as may be required by the laws of such State,
Territory, District, or Possession or (2) if all importation, bringing,
or transportation of intoxicating liquor into such State, Territory,
District, or Possession is prohibited by the laws thereof, be fined
under this title or imprisoned not more than one year, or both.
In the enforcement of this section, the definition of intoxicating
liquor contained in the laws of the respective States, Territories,
Districts, or Possessions shall be applied, but only to the extent that
sales of such intoxicating liquor (except for scientific, sacramental,
medicinal, and mechanical purposes) are prohibited therein.
(June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, Sec. 32,
63 Stat. 94; Pub. L. 101-647, title XXXV, Sec. 3540, Nov. 29, 1990, 104
Stat. 4925; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13,
1994, 108 Stat. 2147.)
Historical and Revision Notes
1948 Act
Based on sections 222, 223 of title 27, U.S.C., 1940 ed.,
Intoxicating Liquors (June 25, 1936, ch. 815, Secs. 2, 3, 49 Stat.
1928).
Section consolidates subsection (a) of section 222 with section 223,
of title 27, U.S.C., 1940 ed.
Words ``or 3.2 per centum of alcohol by weight'' were inserted after
``volume.'' Such words conform with Flippin v. U.S. (1941, 121 F. 2d
742, 744, certiorari denied, 62 S. Ct. 184, 314 U.S. 677, 86 L. Ed.
542); Robason v. U.S. (1941, 122 F. 2d 991); Dolloff v. U.S. (1941, 121
F. 2d 157, certiorari denied, 62 S. Ct. 108, 314 U.S. 626, 86 L. Ed.
503, rehearing denied, 62 S. Ct. 178, 314 U.S. 710, 86 L. Ed. 566); and
Tucker v. U.S. (1941, 123 F. 2d 280).
Those cases overruled Arnold v. U.S. (1940, 115 F. 2d 523) and Gregg
v. U.S. (1940, 116 F. 2d 609) and established that preservation of the
congressional intent which requires addition of the inserted language.
Subsection (b) of section 223 of title 27, U.S.C., 1940 ed., has
been reworded to apply the definition of intoxicating liquor contained
in the laws of the respective States to this section only, in accordance
with administrative interpretation. Said section 223 was derived from
section 3 of the Liquor Enforcement Act of 1936 (Act June 25, 1936, ch.
815, 49 Stat. 1928), which was enacted for the protection of dry States.
As originally enacted, its provisions relating to such definition also
embraced the interstate commerce liquor laws from which sections 1263-
1265 of this title were derived. In the enforcement of the latter,
however, their own definitions have been applied and not the definitions
of the States into which or through which the liquor was shipped.
Words ``Territory, District, or Possession'' were inserted after
``State'', to conform with the definition of ``State'' given in said
section 222 of title 27, U.S.C., 1940 ed. Such section, including
subsection (b) thereof, is also incorporated in section 3615 of this
title.
Words ``be guilty of a misdemeanor and shall'' were omitted in view
of definitive section 1 of this title.
Minor changes were made throughout in arrangement and phraseology.
1949 Act
This section [section 32] corrects a typographical error in section
1262 of title 18, U.S.C.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $1,000'' in second par.
1990--Pub. L. 101-647 substituted ``State'' for ``state'' in section
catchline.
1949--Act May 24, 1949, substituted ``Districts'' for ``District''
in last par.
Section Referred to in Other Sections
This section is referred to in section 3667 of this title.
