# § 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.
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**Source Credit**: (June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, § 32, 63 Stat. 94; Pub. L. 101–647, title XXXV, § 3540, Nov. 29, 1990, 104 Stat. 4925; Pub. L. 103–322, title XXXIII, § 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 (, §§ 2, 3, ).
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 . (1941, 121 F. 2d 742, 744, certiorari denied, 62 S. Ct. 184, 314 U.S. 677, 86 L. Ed. 542); . (1941, 122 F. 2d 991); . (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 . (1941, 123 F. 2d 280).
Those cases overruled . (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 , 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 (, ), 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 , U.S.C., 1940 ed. Such section, including subsection (b) thereof, is also incorporated in .
Words “be guilty of a misdemeanor and shall” were omitted in view of definitive .
Minor changes were made throughout in arrangement and phraseology.
### 1949 Act
This section [section 32] corrects a typographical error in , U.S.C.
## Editorial Notes
### Amendments
1994— substituted “fined under this title” for “fined not more than $1,000” in second par.
1990— substituted “State” for “state” in section catchline.
1949—Act , substituted “Districts” for “District” in last par.