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National Firearms Act

The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, 48 Stat. 1236 was enacted on June 26, 1934, and currently codified and amended as I.R.C. ch. 53. The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The NFA is also referred to as Title II of the federal firearms laws, with the Gun Control Act of 1968 ("GCA") as Title I.

National Firearms Act
Long titleAn Act to provide for the taxation of manufacturers, importers, and dealers in certain firearms and machine guns, to tax the sale or other disposal of such weapons, and to restrict importation and regulate interstate transportation thereof.
Acronyms (colloquial)NFA
NicknamesNational Firearms Act of 1934
Enacted bythe 73rd United States Congress
EffectiveJuly 26, 1934[1]
Citations
Public lawPub. L.Tooltip Public Law (United States) 73–474
Statutes at Large48 Stat. 1236
Codification
Titles amended26 U.S.C.: Internal Revenue Code
U.S.C. sections createdI.R.C. ch. 53 § 5801 et seq.
Legislative history
United States Supreme Court cases

All transfers of ownership of registered NFA firearms must be done through the National Firearms Registration and Transfer Record (the "NFA registry").[2] The NFA also requires that the permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Temporary transports of some items, most notably suppressors (also referred to as silencers), do not need to be reported.

Background edit

The ostensible impetus for the National Firearms Act of 1934 was the gangland crime of the Prohibition era, such as the St. Valentine's Day Massacre of 1929, and the attempted assassination of President-elect Franklin D. Roosevelt in 1933.[3][4][5][6] Like the current National Firearms Act (NFA), the 1934 Act required NFA firearms to be registered and taxed. The $200 tax was quite prohibitive at the time (equivalent to $4,375 in 2022). With a few exceptions, the tax amount is unchanged.[5][6]

Originally, pistols and revolvers were to be regulated as strictly as machine guns; towards that end, cutting down a rifle or shotgun to circumvent the handgun restrictions by making a concealable weapon was taxed as strictly as a machine gun.[7]

Conventional pistols and revolvers were ultimately excluded from the Act before passage, but other concealable weapons were not.[7] Regarding the definition of "firearm", the language of the statute as originally enacted was as follows:

The term "firearm" means a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol 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.[8]

Under the original Act, NFA weapons were machine guns, short-barreled rifles (SBR), short-barreled shotguns (SBS), any other weapons (AOW, i.e., concealable weapons other than pistols or revolvers), and silencers for any type of NFA or non-NFA weapon. Minimum barrel length was soon amended to 16 inches for rimfire rifles and by 1960 had been amended to 16 inches for centerfire rifles as well.[9]

NFA categories have been modified by laws passed by Congress, rulings by the Department of the Treasury, and regulations promulgated by the enforcement agency assigned, known as the Bureau of Alcohol, Tobacco, Firearms and Explosives or ATF.

Categories of regulated firearms edit

The current National Firearms Act (NFA) defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following:

Machine guns
"any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person."[10]
Short-barreled rifles (SBRs)
Includes any firearm with a buttstock and either a rifled barrel less than 16" long or an overall length under 26". The overall length is measured with any folding or collapsing stocks in the extended position. The category also includes firearms which came from the factory with a buttstock that was later removed by a third party.
Short-barreled shotguns (SBSs)
Similarly to SBRs, but with either a smoothbore barrel less than 18" long or a minimum overall length under 26".
Suppressors
The legal term for a suppressor is silencer,[11] and includes any portable device designed to muffle or disguise the report of a portable firearm, but does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor.
Destructive devices (DDs) - (added to the NFA of 1934 by the Omnibus Crime Control and Safe Streets Act of 1968)
There are two broad classes of destructive devices[citation needed]:
  • Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc.
  • Any firearm with a bore over 0.50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes. (Many firearms with bores over 0.50 inch, such as 10-gauge or 12-gauge shotguns, are exempted from the law because they have been determined to have a "legitimate sporting use".)

Any other weapon (AOW) edit

Firearms meeting the definition of "any other weapon", or AOW, are weapons or devices that can be concealed on the person and from which a shot can be discharged by the energy of an explosive. Many AOWs are disguised devices such as pens, cigarette lighters, knives, cane guns, and umbrella guns. AOWs can be pistols and revolvers with smooth bore barrels (e.g., H&R Handy-Gun, Serbu Super-Shorty) designed or redesigned to fire a fixed shotgun shell. While the above weapons are similar in appearance to weapons made from shotguns, they were originally manufactured in the described configuration rather than modified from existing shotguns. As a result, such weapons do not fit within the definition of shotgun or weapons made from a shotgun.[citation needed]

The AOW definition includes specifically described weapons 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.

The ATF Firearms Technology Branch has issued opinions that when a pistol (such as an AR-type pistol) under 26" in overall length is fitted with a vertical fore-grip, it is no longer "designed, made and intended to fire ... when held in one hand," and therefore no longer meets the definition of a pistol. Such a firearm then falls only within the definition of "any other weapon" under the NFA.[12]

In 1938, Congress recognized that the Marble Game Getter, a short .22/.410 sporting firearm, had "legitimate use" and did not deserve the stigma of a "gangster weapon" and reduced the $200 tax to one dollar for the Game Getter. In 1960 Congress changed the transfer tax for all AOW category firearms to $5. The transfer tax for machine guns, silencers, SBR and SBS remained at $200.[13]

Parts associated with NFA items edit

In general, certain components that make up an NFA item are considered as regulated. For example, the components of a silencer are considered as "silencers" by themselves and the replacement parts are regulated. However, the repair of original parts without replacement can be done by the original manufacturer, FFL gunsmith, or by the registered owner without being subjected to new registration as long as the serial number and the dimension (caliber) are maintained.[14] The length may be reduced in repair, but cannot be increased. Increasing the length is considered as making a new silencer. "Suppressor" is the term used within the trade/industry literature while the term "silencer" is the commonly used term that appears in the actual wording of the NFA. The terms are often used interchangeably depending on the source quoted.

Suppressors and machine guns are the most heavily regulated. For example, in Ruling 81-4, ATF declared that any AR-15 Drop-in Auto-Sear (DIAS) made after November 1, 1981 is itself a machine gun, and is therefore subject to regulation.[15] While this might seem to mean that pre-1981 sears are legal to possess without registration, ATF closes this loophole in other publications, stating,

Regardless of the date of manufacture of a drop in auto sear, possession of such a sear and certain M-16 fire control parts is possession of a machine gun as defined by the NFA. Specifically, these parts are listed as "(a) combination(s) of parts" designed "Solely and exclusively" for use in converting a weapon into a machine gun and are a machine gun as defined in the NFA.

ATF machine gun technology letters written between 1980 and 1996 by Edward M. Owen—the then-chief of the ATF technology division defined "solely and exclusively" in all of his published and unpublished machine gun rulings with specific non-ambiguous language.[16]

Owning for the parts needed to assemble other NFA firearms is generally restricted. One individual cannot own or manufacture certain machine gun sear (fire-control) components, unless, he owns a registered machine gun. The M2 carbine trigger pack is such an example of a "combination of parts" that is a machine gun in and of itself. Most of these have been registered as they were pulled from stores of surplus rifles in the early 1960s. In some special cases, exceptions have been determined to these rules by ATF. A semiautomatic firearm which could have a string or shoelace looped around the cocking handle of and then behind and in front of the trigger in such a way as to allow the firearm to be fired automatically is no longer considered a machine gun unless the string is attached in this manner.[17]

Most current fully automatic trigger groups will not fit their semi-automatic firearm look-alike counterparts—the semi-automatic version is specifically constructed to reject the fully automatic trigger group by adding metal in critical places. This addition is required by ATF to prevent easy conversion of Title I firearms into machine guns.

For the civilian possession, all machine guns must have been manufactured and registered with ATF prior to May 19, 1986, to be transferable between citizens.[18] These machine gun prices have drastically escalated in value, especially items like registered sears and conversion-kits. Only a Class-II manufacturer (a FFL holder licensed to manufacture firearms or Type-07 license that has paid a Special Occupational Tax Stamp or SOT) could manufacture machine guns after that date, and they can only be sold to government, law-enforcement, and military entities. Transfer can only be done to other SOT FFL-holders, and such FFL-holders must have a "demonstration letter" from a respective government agency to receive such machine guns.[19] Falsification and/or misuse of the "demo-letter" process can and has resulted in long jail sentences and felony convictions for violators.

Owning both a short barrel and a legal-length rifle could be construed as intent to build an illegal, unregistered SBR. This possibility was contested and won in the U.S. Supreme Court case of United States v. Thompson-Center Arms Company. ATF lost the case, and was unable to prove that possession of a short barrel for the specific pistol configuration of a Thompson Contender is illegal. ATF later released ruling 2011-4[20] to clarify the legal status of owning such conversion kits.[21]

Removal of a weapon from classification as an NFA firearm, such as the reclassification of the original Broomhandle Mauser with shoulder stock from "short barrel rifle" (SBR) to a curio or relic handgun, changed its status as a Title II NFA firearm but did not change its status as a Title I Gun Control Act firearm.[22]

Muzzle-loading firearms are exempt from the Act (as they are defined as "antique firearms" and are not considered "firearms" under either the GCA or the NFA). Thus, though common muzzle-loading hunting rifles are available in calibers over 0.50 inch, they are not regulated as destructive devices. Muzzle-loading cannon are similarly exempt since the law makes no distinction about the size of muzzle-loading weapons. Thus it is legal for a civilian to build muzzle-loading rifles, pistols, cannon, and mortars with no paperwork. However, ammunition for these weapons can still be classified as destructive devices themselves, such as explosive shells. While an 'antique firearm' is not considered a 'firearm' under the NFA, some states (such as Oregon) have laws that specifically prohibit anyone that could not otherwise own/obtain an GCA or NFA defined 'firearm' (i.e., felons, recipients of dishonorable discharge from military service, the mentally adjudicated, etc.) from owning/obtaining an 'antique firearm'.[23]

Individuals or companies seeking to market large-bore firearms may apply to ATF for a "sporting clause exception". If granted, ATF acknowledges that the firearm has a legitimate sporting use and is therefore not a destructive device. Certain large safari rifle calibers, such as .585 Nyati and .577 Tyrannosaur, have such exceptions.

The phrase "all NFA rules apply" is commonplace. This disclaimer is usually posted in bold print from firearm dealers holding an FFL license.

Registration, purchases, taxes and transfers edit

It is a common misconception[24] that an individual must have a "Class 3" license in order to own an NFA weapon. A Federal Firearms License (FFL) is not required to be an individual owner, although it is required as a prerequisite to become a Special Occupation Taxpayer (SOT, see Special Occupational Taxpayers): Class 1 importer, Class 2 manufacturer-dealer or Class 3 dealer in NFA weapons. There are generally three ways to own an NFA weapon: as an individual, through a gun trust, or as a Limited Liability Company (LLC). Legal possession of an NFA firearm by an individual requires transfer of registration within the NFA registry. An individual owner does not need to be an NFA dealer to buy Title II weapons. The sale and purchase of an NFA weapon is, however, taxed and regulated, as follows:

All NFA items must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Private owners wishing to purchase an NFA item must obtain approval from the ATF, pass an extensive background check to include submitting a photograph and fingerprints, fully register the firearm, receive ATF written permission before moving the firearm across state lines, and pay a tax.[25] The request to transfer ownership of an NFA item is made on an ATF Form 4.[26] There have been several unfavorable lawsuits where plaintiffs have been denied NFA approval for a transfer. These lawsuits include: Lomont v. O'Neill,[27] Westfall v. Miller,[28] and Steele v. National Branch.[29]

NFA items may also be transferred to corporations (or other legal entities such as a trust). When the paperwork to request transfer of an NFA item is initiated by an officer of a corporation, fingerprint cards and photographs of the official need to be submitted with the transfer request. This method has downsides, since it is the corporation (and not the principal) that owns the firearm. Thus, if the corporation dissolves, it must transfer its NFA weapon to the owners. This event would be considered a new transfer and would be subject to a new transfer tax.[30]

 
US National Act Stamp, affixed to transfer forms to indicate tax paid

The tax for privately manufacturing any NFA firearm (other than machine guns, which are illegal for individuals to manufacture) is $200. Transferring requires a $200 tax for all NFA weapons except AOWs, for which the transfer tax is $5 (although the manufacturing tax remains $200).[30]

All NFA weapons made by individuals must be legal in the State or municipality where the individual lives. The payment of a $200 "making tax" prior to manufacture of the weapon, although a subsequent transfer of AOWs after they are legally "made" is only $5. Only a Class-II manufacturer (a FFL holder licensed as a "Manufacture of Firearms" or Type-07 license that has paid a Special Occupational Tax Stamp or SOT) can manufacture NFA firearms (other than destructive devices) tax free, but they pay a larger annual tax which ranges from $500 to $1000 to cover manufacturing.[31]

A Destructive Device manufacturing license (Type-10 FFL) holder can manufacture destructive devices tax-free. However, a type-07 license costs $150 for three years –– whereas a Type-10 destructive manufacturing license costs $3000 for three years. Both licenses still require the payment of the $500 (reduced-rate) Special Occupational Tax Stamp or SOT, (or the $1000 full tax) per year to conduct manufacturing of NFA weapons that they are respectively qualified to manufacturer. The SOT "reduced rate" applies to a business whose sales are less than $500,000 per year.[32]

Transferable machine guns made or registered before May 19, 1986, are worth far more than their original, pre-1986 value and items like registered "auto-sears", "lightning-links", trigger-packs, trunnions, and other "combination of parts" registered as machine guns before the aforementioned date are often worth nearly as much as a full registered machine gun. For instance, as of September 2008, a transferable M16 rifle costs approximately $11,000 to $18,000, while a transferable "lightning-link" for the AR-15 can sell for $8,000 to $10,000. New manufacture M-16s sell to law enforcement and the military for around $600 to $1000.[33]

Upon the request of any ATF agent or investigator, or the Attorney General, the registered owner must provide proof of registration of the firearm.[34]

In a number of situations, an NFA item may be transferred without a transfer tax. These include sales to government agencies, temporary transfers of an NFA firearm to a gunsmith for repairs, and transfer of an NFA firearm to a lawful heir after the death of its owner. A permanent transfer, even if tax-free, must be approved by ATF. The proper form should be submitted to ATF before the transfer occurs. For example, lawful heirs must submit a Form 5 and wait for approval before taking possession of any NFA item willed to them. Temporary transfers, such as those to a gunsmith or to the original manufacturer for repair, are not subject to ATF approval since they are not legally considered transfers. ATF does, however, recommend filing tax-free transfer paperwork on all such temporary transfers, to confer an extra layer of legal protection on both the owner and the gunsmith.[30]

Criminal conduct edit

The Act makes certain conduct a criminal offense, in relation to engaging in business as a manufacturer, importer, or dealer with respect to (NFA) firearms without having registered or paid a Special Occupational Tax (SOT); receiving or possessing a firearm transferred to oneself in violation of the NFA; receiving or possessing a firearm made in violation of the NFA; receiving or possessing a firearm not registered to oneself in the National Firearms Registration and Transfer Record; transferring or making a firearm in violation of the NFA; or obliterating, removing, changing, or altering the serial number of the firearm.[35]

Criminal penalties edit

Violations of the Act are punishable by up to 10 years in federal prison and forfeiture of all devices or firearms in violation, and the individual's right to own or possess firearms in the future. The Act provides for a penalty of $10,000 for certain violations.[36] A willful attempt to evade or defeat a tax imposed by the Act is a felony punishable by up to five years in prison and a $100,000 fine ($500,000 in the case of a corporation or trust), under the general tax evasion statute.[37] For an individual, the felony fine of $100,000 for tax evasion could be increased to $250,000.[38]

Exceptions edit

The United States Supreme Court has ruled in Haynes v. United States that the Fifth Amendment to the United States Constitution exempts felons—and, by extrapolation, all other prohibited possessors—from the registration requirements of the Act. The prohibited person who violates the possession prohibition can, however, be convicted under the Gun Control Act of 1968 for being a prohibited person in possession of a (any) firearm.

The Atomic Energy Act of 1954 was amended in 2005 and includes a provision (42 U.S.C. § 2201a) to allow Nuclear Regulatory Commission (NRC) licensees and authorized contractors to possess machine guns for the purpose of providing security.[39][40]

The market for NFA items edit

Importation of NFA firearms was banned by the 1968 Gun Control Act which implemented a "sporting" clause. Only firearms judged by ATF to have feasible sporting applications can be imported for civilian use. Licensed manufacturers of NFA firearms may still, with the proper paperwork, import foreign NFA firearms for research and development purposes, or for government use.

The domestic manufacture of new machine guns that civilians could purchase was effectively banned by language in the Firearm Owners Protection Act of 1986 (also known as "McClure-Volkmer"). The language was added in an amendment from William J. Hughes and referred to as the Hughes Amendment.[41] Machine guns legally registered prior to the date of enactment (i.e. May 1986) are still legal for possession by and transfer among civilians where permitted by state law. The static and relatively small number of transferable machine guns has caused their price to rise, often over $10,000, although transferable MAC-10 and MAC-11 submachine guns can still be purchased for around $8,000.[42][43] Machine guns manufactured after the FOPA's enactment can be sold only to law enforcement and government agencies, exported, or held as inventory or "dealer samples" by licensed manufacturers and dealers. Machine guns made after 1986 for law enforcement but not transferable to civilian registration are usually priced only a few hundred dollars more than their semi-automatic counterparts, whereas a pre-Hughes Amendment registered machine gun that can be legally transferred commands a huge premium.

 
A select fire AMD-65, an example of a dealer sample

The Hughes Amendment affected only machine guns. All other NFA firearms are still legal for manufacture and registration by civilians under Form 1, and transfer of registration to civilians via Form 4 (though some states have their own laws governing which NFA firearms are legal to own there). Silencers and Short-Barreled Rifles are generally the most popular NFA firearms among civilians, followed by Short-Barreled Shotguns, Destructive Devices, and "Any Other Weapons". While most NFA firearms are bought from manufacturers and transferred to civilians through a dealer, many are made by civilians themselves after they file a Form 1 and pay the $200 tax. Some types of NFA firearms can be relatively simple to make: a Short-Barreled Rifle can be made by swapping out the upper receiver for one containing a short barrel, and a Short-Barreled Shotgun can be created by using a pipe cutter to shorten the barrel length. Other NFA firearms, such as suppressors, require more technical skill.[citation needed]

NFA trust edit

An NFA trust (also known as a gun trust, Title II trust, ATF trust, or Class 3 trust) is a legal trust that is used in the United States to register and own NFA firearms. Under regulations, use of a trust allows prospective purchasers of NFA items to avoid some of the federal transfer requirements that would otherwise be imposed on an individual.[44] Like other trusts, it allows for estate planning in inheriting firearms. In 2013, ATF proposed new rules,[45] often referred to as ATF Proposed Rule 41p, which, if adopted, would require all "responsible persons" of an entity being used to purchase NFA items to comply with the same procedures as individuals in obtaining NFA items. In an NFA trust, a responsible person is defined as "any grantor, trustee, beneficiary, ... who possesses, directly or indirectly, the power or authority under any trust instrument, ... to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the entity."[45] ATF finalized the rule on January 15, 2016, to become effective 180 days later. The previous requirement for "chief law enforcement officer" approval was eliminated, while all responsible people for a trust must now comply with the same restrictions as individual owners.[46][47][48]

Miller case edit

In 1938, the United States District Court for the Western District of Arkansas ruled the statute unconstitutional in United States v. Miller. The defendant Miller had been arrested for possession of an unregistered short double-barreled shotgun, and for "unlawfully ... transporting [it] in interstate commerce from Claremore, Oklahoma to Siloam Springs, Arkansas" which perfected the crime.[49] The government's argument was that the short barreled shotgun was not a military-type weapon and thus not a "militia" weapon protected by the Second Amendment, from federal infringement. The District Court agreed with Miller's argument that the shotgun was legal under the Second Amendment.

The District Court ruling was overturned on a direct appeal to the United States Supreme Court (see United States v. Miller). No brief was filed on behalf of the defendants, and the defendants themselves did not appear before the Supreme Court. Miller himself had been murdered one month prior to the Supreme Court's decision. No evidence that such a firearm was "ordinary military equipment" had been presented at the trial court (apparently because the case had been thrown out—at the defendants' request—before evidence could be presented), although two Supreme Court justices at the time had been United States Army officers during World War I and may have had personal knowledge of the use of such weapons in combat. The Supreme Court indicated it could not take judicial notice of such a contention.

The Supreme Court reversed the District Court and held that the NFA provision (criminalizing possession of certain firearms) was not in violation of the Second Amendment's restriction and therefore was constitutional.

Subsequent rulings have been allowed to stand, indicating that short-barreled shotguns are generally recognized as ordinary military equipment if briefs are filed (e.g., see: Cases v. United States),[50] describing use of short-barreled shotguns in specialized military units.

See also edit

Notes edit

  1. ^ See http://legisworks.org/congress/73/publaw-474.pdf 2016-07-05 at the Wayback Machine "This Act shall take effect on the thirtieth day after the date of its enactment."
  2. ^ See 26 U.S.C. § 5841.
  3. ^ Spitzer, Robert J. (2011). "Gun Control: Constitutional Mandate or Myth?". In Tatalovich, Raymond; Daynes, Byron W. (eds.). Moral Controversies in American Politics. M.E. Sharpe. pp. 161–195. ISBN 9780765627452.
  4. ^ Weaver, Greg S. (2002). "Firearm Deaths, Gun Availability, and Legal Regulatory Changes: Suggestions from the Data". Journal of Criminal Law and Criminology. 92 (3): 824. doi:10.2307/1144246. JSTOR 1144246. Retrieved July 7, 2014.
  5. ^ a b . National Firearms Act Handbook. Bureau of Alcohol, Tobacco, Firearms and Explosives. April 2009. Archived from the original (PDF) on 2013-12-12. Retrieved 2013-12-07. {{cite book}}: |website= ignored (help)
  6. ^ a b . ATF.gov. Archived from the original on 2012-07-28.
  7. ^ a b Carter, Gregg Lee (2002). Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law. ABC-CLIO. p. 545. ISBN 978-1-57607-268-4.
  8. ^ Section 1(a), Public Law No. 474, Ch. 757, 48 Stat. 1236 (June 26, 1934).
  9. ^ Appropriations, United States. Congress. House. Committee on Appropriations. Subcommittee on the Treasury, Postal Service, and General Government (1998). Treasury, Postal Service, and General Government Appropriations for Fiscal Year 1999: Hearings Before a Subcommittee of the Committee on Appropriations, House of Representatives, One Hundred Fifth Congress, Second Session. U.S. Government Printing Office. pp. 48–53. ISBN 9780160564475.{{cite book}}: CS1 maint: multiple names: authors list (link)
  10. ^ "U.S.C. Title 26 § 5845(b)". U.S. Government Publishing Office.
  11. ^ See 26 U.S.C. § 5845. See also 18 U.S.C. § 921.
  12. ^ (May 14, 2011) (archived from the original October 18, 2011)
  13. ^ Wilson, R. L. (1 November 1997). "U.S. Smoothbore Pistols Designed to Fire Shotgun Shells". In Eric M. Larson (ed.). Official R. L. Wilson Price Guide to Gun Collecting. New York: House of Collectibles. pp. 68–71. ISBN 978-0-676-60122-0.
  14. ^ "Frequently Asked Questions: Silencer". ATF.gov. Bureau of Alcohol, Tobacco, Firearms and Explosives.
  15. ^ "Nos. 97-3748, 97-3749. - UNITED STATES v. CASH - US 7th Circuit". Caselaw.lp.findlaw.com. Retrieved 2012-05-22.
  16. ^ Sweeney, Patrick (15 July 2013). Glock Deconstructed. Iola, Wisconsin: Gun Digest Books. pp. 194–195. ISBN 978-1-4402-3284-8.
  17. ^ [1] September 23, 2009, at the Wayback Machine
  18. ^ Kleck, Gary. Targeting Guns: Firearms and Their Control. Transaction Publishers. p. 108. ISBN 978-0-202-36941-9.
  19. ^ "NFA "Law Letter" Requirement". atf. 1999.
  20. ^ "ATF Ruling 2011-4" (PDF).
  21. ^ "ATF Rul. 2011-4" (PDF). July 25, 2011. Retrieved 2011-10-26.
  22. ^ Magaw, John W. (1 April 1996). Federal Firearms Regulations Reference Guide. DIANE Publishing. p. 111. ISBN 978-0-7881-2821-9.
  23. ^ Flayderman, Norm (17 December 2007). Flayderman's Guide to Antique American Firearms and Their Values. Iola, Wisconsin: F+W Media, Inc. p. 26. ISBN 978-0-89689-455-6.
  24. ^ . www.atf.gov. Archived from the original on April 11, 2012.
  25. ^ . atf. 2013. Archived from the original on 2014-07-14. Retrieved 2014-07-09.
  26. ^ "ATF Form 4" (PDF). Retrieved 2012-05-22.
  27. ^ U.S. Court of Appeals for the Ninth Circuit (2002).
  28. ^ 77 F.3d 868 (5th Cir. 1996).
  29. ^ 755 F.2d 1410 (11th Cir. 1985).
  30. ^ a b c "National Firearms Act (NFA) — Firearms". atf. 2013.
  31. ^ . atf. 1999. Archived from the original on 2014-07-14. Retrieved 2014-07-09.
  32. ^ . atf. 2013. Archived from the original on October 10, 2013.
  33. ^ "NFA Firearms & Suppressors". Utah Carry Laws. Retrieved 2020-11-02.
  34. ^ (PDF). Archived from the original (PDF) on 2011-10-15. Retrieved 2011-10-26.
  35. ^ 26 U.S.C. § 5861.
  36. ^ 26 U.S.C. § 5871
  37. ^ 26 U.S.C. § 7201.
  38. ^ See 18 U.S.C. § 3571(b)(3).
  39. ^ "Open Letter to All Federally Licensed Dealers, Importers, and Manufacturers of Firearms and Ammunition". Bureau of Alcohol, Tobacco, Firearms, and Explosives. 2006-01-30. Retrieved 2011-10-26.
  40. ^ "42 U.S.C. § 2201a : US Code – Section 2201A: Use of firearms by security personnel". Retrieved 2011-10-26.
  41. ^ , archived from the original on 2007-09-10, retrieved 2007-09-14
  42. ^ , archived from the original on 2016-01-08, retrieved 2020-04-27
  43. ^ , archived from the original on 2013-06-01, retrieved 2020-04-27
  44. ^ Goode, Erika (2013-02-26). "Trusts Offer a Legal Loophole for Buying Restricted Guns". New York Times.
  45. ^ a b "Bureau of Alcohol, Tobacco, Firearms and Explosives" (PDF). September 9, 2013.
  46. ^ Zuwerink, Adam (2016-02-01). "How the DOJ's New Regulatory Framework for Gun Trusts Managed to Strike a Reasonable Balance". JD Supra.
  47. ^ "View Rule". www.reginfo.gov. Retrieved 2015-12-17.
  48. ^ Smith, David & Chalabi, Mona (2016-01-06). "Little-known gun trust loophole facing closure by Obama executive action". The Guardian. Manchester, England.
  49. ^ Miller, at p. 175.[citation not found]
  50. ^ 131 F.2d 916, 922 (1st Cir. 1942).

External links edit

  • ATF's National Firearms Act Handbook

national, firearms, 73rd, congress, sess, stat, 1236, enacted, june, 1934, currently, codified, amended, congress, united, states, that, general, imposes, excise, manufacture, transfer, certain, firearms, mandates, registration, those, firearms, also, referred. The National Firearms Act NFA 73rd Congress Sess 2 ch 757 48 Stat 1236 was enacted on June 26 1934 and currently codified and amended as I R C ch 53 The law is an Act of Congress in the United States that in general imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms The NFA is also referred to as Title II of the federal firearms laws with the Gun Control Act of 1968 GCA as Title I National Firearms ActLong titleAn Act to provide for the taxation of manufacturers importers and dealers in certain firearms and machine guns to tax the sale or other disposal of such weapons and to restrict importation and regulate interstate transportation thereof Acronyms colloquial NFANicknamesNational Firearms Act of 1934Enacted bythe 73rd United States CongressEffectiveJuly 26 1934 1 CitationsPublic lawPub L Tooltip Public Law United States 73 474Statutes at Large48 Stat 1236CodificationTitles amended26 U S C Internal Revenue CodeU S C sections createdI R C ch 53 5801 et seq Legislative historyIntroduced in the House as H R 9741 by Robert L Doughton D NC on May 28 1934Committee consideration by House Ways and Means Senate FinancePassed the House on June 13 1934 Passed Passed the Senate on June 18 1934 Passed Signed into law by President Franklin D Roosevelt on June 26 1934United States Supreme Court casesSonzinsky v United States 300 U S 506 1937 United States v Miller 307 U S 174 1939 Haynes v United States 390 U S 85 1968 United States v Freed 401 U S 601 1971 United States v Thompson Center Arms Co 504 U S 505 1992 Staples v United States 511 U S 600 1994 Garland v Cargill No 22 976 602 U S 2024 All transfers of ownership of registered NFA firearms must be done through the National Firearms Registration and Transfer Record the NFA registry 2 The NFA also requires that the permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol Tobacco Firearms and Explosives ATF Temporary transports of some items most notably suppressors also referred to as silencers do not need to be reported Contents 1 Background 2 Categories of regulated firearms 2 1 Any other weapon AOW 2 2 Parts associated with NFA items 3 Registration purchases taxes and transfers 4 Criminal conduct 5 Criminal penalties 6 Exceptions 7 The market for NFA items 8 NFA trust 9 Miller case 10 See also 11 Notes 12 External linksBackground editThe ostensible impetus for the National Firearms Act of 1934 was the gangland crime of the Prohibition era such as the St Valentine s Day Massacre of 1929 and the attempted assassination of President elect Franklin D Roosevelt in 1933 3 4 5 6 Like the current National Firearms Act NFA the 1934 Act required NFA firearms to be registered and taxed The 200 tax was quite prohibitive at the time equivalent to 4 375 in 2022 With a few exceptions the tax amount is unchanged 5 6 Originally pistols and revolvers were to be regulated as strictly as machine guns towards that end cutting down a rifle or shotgun to circumvent the handgun restrictions by making a concealable weapon was taxed as strictly as a machine gun 7 Conventional pistols and revolvers were ultimately excluded from the Act before passage but other concealable weapons were not 7 Regarding the definition of firearm the language of the statute as originally enacted was as follows The term firearm means a shotgun or rifle having a barrel of less than eighteen inches in length or any other weapon except a pistol 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 8 dd Under the original Act NFA weapons were machine guns short barreled rifles SBR short barreled shotguns SBS any other weapons AOW i e concealable weapons other than pistols or revolvers and silencers for any type of NFA or non NFA weapon Minimum barrel length was soon amended to 16 inches for rimfire rifles and by 1960 had been amended to 16 inches for centerfire rifles as well 9 NFA categories have been modified by laws passed by Congress rulings by the Department of the Treasury and regulations promulgated by the enforcement agency assigned known as the Bureau of Alcohol Tobacco Firearms and Explosives or ATF Categories of regulated firearms editMain article Title II weapons The current National Firearms Act NFA defines a number of categories of regulated firearms These weapons are collectively known as NFA firearms and include the following Machine guns any weapon which shoots is designed to shoot or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger The term shall also include the frame or receiver of any such weapon any part designed and intended solely and exclusively or combination of parts designed and intended for use in converting a weapon into a machinegun and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person 10 Short barreled rifles SBRs Includes any firearm with a buttstock and either a rifled barrel less than 16 long or an overall length under 26 The overall length is measured with any folding or collapsing stocks in the extended position The category also includes firearms which came from the factory with a buttstock that was later removed by a third party Short barreled shotguns SBSs Similarly to SBRs but with either a smoothbore barrel less than 18 long or a minimum overall length under 26 Suppressors The legal term for a suppressor is silencer 11 and includes any portable device designed to muffle or disguise the report of a portable firearm but does not include non portable devices such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor Destructive devices DDs added to the NFA of 1934 by the Omnibus Crime Control and Safe Streets Act of 1968 There are two broad classes of destructive devices citation needed Devices such as grenades bombs explosive missiles poison gas weapons etc Any firearm with a bore over 0 50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes Many firearms with bores over 0 50 inch such as 10 gauge or 12 gauge shotguns are exempted from the law because they have been determined to have a legitimate sporting use Any other weapon AOW edit Firearms meeting the definition of any other weapon or AOW are weapons or devices that can be concealed on the person and from which a shot can be discharged by the energy of an explosive Many AOWs are disguised devices such as pens cigarette lighters knives cane guns and umbrella guns AOWs can be pistols and revolvers with smooth bore barrels e g H amp R Handy Gun Serbu Super Shorty designed or redesigned to fire a fixed shotgun shell While the above weapons are similar in appearance to weapons made from shotguns they were originally manufactured in the described configuration rather than modified from existing shotguns As a result such weapons do not fit within the definition of shotgun or weapons made from a shotgun citation needed The AOW definition includes specifically described weapons 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 The ATF Firearms Technology Branch has issued opinions that when a pistol such as an AR type pistol under 26 in overall length is fitted with a vertical fore grip it is no longer designed made and intended to fire when held in one hand and therefore no longer meets the definition of a pistol Such a firearm then falls only within the definition of any other weapon under the NFA 12 In 1938 Congress recognized that the Marble Game Getter a short 22 410 sporting firearm had legitimate use and did not deserve the stigma of a gangster weapon and reduced the 200 tax to one dollar for the Game Getter In 1960 Congress changed the transfer tax for all AOW category firearms to 5 The transfer tax for machine guns silencers SBR and SBS remained at 200 13 Parts associated with NFA items edit In general certain components that make up an NFA item are considered as regulated For example the components of a silencer are considered as silencers by themselves and the replacement parts are regulated However the repair of original parts without replacement can be done by the original manufacturer FFL gunsmith or by the registered owner without being subjected to new registration as long as the serial number and the dimension caliber are maintained 14 The length may be reduced in repair but cannot be increased Increasing the length is considered as making a new silencer Suppressor is the term used within the trade industry literature while the term silencer is the commonly used term that appears in the actual wording of the NFA The terms are often used interchangeably depending on the source quoted Suppressors and machine guns are the most heavily regulated For example in Ruling 81 4 ATF declared that any AR 15 Drop in Auto Sear DIAS made after November 1 1981 is itself a machine gun and is therefore subject to regulation 15 While this might seem to mean that pre 1981 sears are legal to possess without registration ATF closes this loophole in other publications stating Regardless of the date of manufacture of a drop in auto sear possession of such a sear and certain M 16 fire control parts is possession of a machine gun as defined by the NFA Specifically these parts are listed as a combination s of parts designed Solely and exclusively for use in converting a weapon into a machine gun and are a machine gun as defined in the NFA ATF machine gun technology letters written between 1980 and 1996 by Edward M Owen the then chief of the ATF technology division defined solely and exclusively in all of his published and unpublished machine gun rulings with specific non ambiguous language 16 Owning for the parts needed to assemble other NFA firearms is generally restricted One individual cannot own or manufacture certain machine gun sear fire control components unless he owns a registered machine gun The M2 carbine trigger pack is such an example of a combination of parts that is a machine gun in and of itself Most of these have been registered as they were pulled from stores of surplus rifles in the early 1960s In some special cases exceptions have been determined to these rules by ATF A semiautomatic firearm which could have a string or shoelace looped around the cocking handle of and then behind and in front of the trigger in such a way as to allow the firearm to be fired automatically is no longer considered a machine gun unless the string is attached in this manner 17 Most current fully automatic trigger groups will not fit their semi automatic firearm look alike counterparts the semi automatic version is specifically constructed to reject the fully automatic trigger group by adding metal in critical places This addition is required by ATF to prevent easy conversion of Title I firearms into machine guns For the civilian possession all machine guns must have been manufactured and registered with ATF prior to May 19 1986 to be transferable between citizens 18 These machine gun prices have drastically escalated in value especially items like registered sears and conversion kits Only a Class II manufacturer a FFL holder licensed to manufacture firearms or Type 07 license that has paid a Special Occupational Tax Stamp or SOT could manufacture machine guns after that date and they can only be sold to government law enforcement and military entities Transfer can only be done to other SOT FFL holders and such FFL holders must have a demonstration letter from a respective government agency to receive such machine guns 19 Falsification and or misuse of the demo letter process can and has resulted in long jail sentences and felony convictions for violators Owning both a short barrel and a legal length rifle could be construed as intent to build an illegal unregistered SBR This possibility was contested and won in the U S Supreme Court case of United States v Thompson Center Arms Company ATF lost the case and was unable to prove that possession of a short barrel for the specific pistol configuration of a Thompson Contender is illegal ATF later released ruling 2011 4 20 to clarify the legal status of owning such conversion kits 21 Removal of a weapon from classification as an NFA firearm such as the reclassification of the original Broomhandle Mauser with shoulder stock from short barrel rifle SBR to a curio or relic handgun changed its status as a Title II NFA firearm but did not change its status as a Title I Gun Control Act firearm 22 Muzzle loading firearms are exempt from the Act as they are defined as antique firearms and are not considered firearms under either the GCA or the NFA Thus though common muzzle loading hunting rifles are available in calibers over 0 50 inch they are not regulated as destructive devices Muzzle loading cannon are similarly exempt since the law makes no distinction about the size of muzzle loading weapons Thus it is legal for a civilian to build muzzle loading rifles pistols cannon and mortars with no paperwork However ammunition for these weapons can still be classified as destructive devices themselves such as explosive shells While an antique firearm is not considered a firearm under the NFA some states such as Oregon have laws that specifically prohibit anyone that could not otherwise own obtain an GCA or NFA defined firearm i e felons recipients of dishonorable discharge from military service the mentally adjudicated etc from owning obtaining an antique firearm 23 Individuals or companies seeking to market large bore firearms may apply to ATF for a sporting clause exception If granted ATF acknowledges that the firearm has a legitimate sporting use and is therefore not a destructive device Certain large safari rifle calibers such as 585 Nyati and 577 Tyrannosaur have such exceptions The phrase all NFA rules apply is commonplace This disclaimer is usually posted in bold print from firearm dealers holding an FFL license Registration purchases taxes and transfers editIt is a common misconception 24 that an individual must have a Class 3 license in order to own an NFA weapon A Federal Firearms License FFL is not required to be an individual owner although it is required as a prerequisite to become a Special Occupation Taxpayer SOT see Special Occupational Taxpayers Class 1 importer Class 2 manufacturer dealer or Class 3 dealer in NFA weapons There are generally three ways to own an NFA weapon as an individual through a gun trust or as a Limited Liability Company LLC Legal possession of an NFA firearm by an individual requires transfer of registration within the NFA registry An individual owner does not need to be an NFA dealer to buy Title II weapons The sale and purchase of an NFA weapon is however taxed and regulated as follows All NFA items must be registered with the Bureau of Alcohol Tobacco Firearms and Explosives ATF Private owners wishing to purchase an NFA item must obtain approval from the ATF pass an extensive background check to include submitting a photograph and fingerprints fully register the firearm receive ATF written permission before moving the firearm across state lines and pay a tax 25 The request to transfer ownership of an NFA item is made on an ATF Form 4 26 There have been several unfavorable lawsuits where plaintiffs have been denied NFA approval for a transfer These lawsuits include Lomont v O Neill 27 Westfall v Miller 28 and Steele v National Branch 29 NFA items may also be transferred to corporations or other legal entities such as a trust When the paperwork to request transfer of an NFA item is initiated by an officer of a corporation fingerprint cards and photographs of the official need to be submitted with the transfer request This method has downsides since it is the corporation and not the principal that owns the firearm Thus if the corporation dissolves it must transfer its NFA weapon to the owners This event would be considered a new transfer and would be subject to a new transfer tax 30 nbsp US National Act Stamp affixed to transfer forms to indicate tax paidThe tax for privately manufacturing any NFA firearm other than machine guns which are illegal for individuals to manufacture is 200 Transferring requires a 200 tax for all NFA weapons except AOWs for which the transfer tax is 5 although the manufacturing tax remains 200 30 All NFA weapons made by individuals must be legal in the State or municipality where the individual lives The payment of a 200 making tax prior to manufacture of the weapon although a subsequent transfer of AOWs after they are legally made is only 5 Only a Class II manufacturer a FFL holder licensed as a Manufacture of Firearms or Type 07 license that has paid a Special Occupational Tax Stamp or SOT can manufacture NFA firearms other than destructive devices tax free but they pay a larger annual tax which ranges from 500 to 1000 to cover manufacturing 31 A Destructive Device manufacturing license Type 10 FFL holder can manufacture destructive devices tax free However a type 07 license costs 150 for three years whereas a Type 10 destructive manufacturing license costs 3000 for three years Both licenses still require the payment of the 500 reduced rate Special Occupational Tax Stamp or SOT or the 1000 full tax per year to conduct manufacturing of NFA weapons that they are respectively qualified to manufacturer The SOT reduced rate applies to a business whose sales are less than 500 000 per year 32 Transferable machine guns made or registered before May 19 1986 are worth far more than their original pre 1986 value and items like registered auto sears lightning links trigger packs trunnions and other combination of parts registered as machine guns before the aforementioned date are often worth nearly as much as a full registered machine gun For instance as of September 2008 a transferable M16 rifle costs approximately 11 000 to 18 000 while a transferable lightning link for the AR 15 can sell for 8 000 to 10 000 New manufacture M 16s sell to law enforcement and the military for around 600 to 1000 33 Upon the request of any ATF agent or investigator or the Attorney General the registered owner must provide proof of registration of the firearm 34 In a number of situations an NFA item may be transferred without a transfer tax These include sales to government agencies temporary transfers of an NFA firearm to a gunsmith for repairs and transfer of an NFA firearm to a lawful heir after the death of its owner A permanent transfer even if tax free must be approved by ATF The proper form should be submitted to ATF before the transfer occurs For example lawful heirs must submit a Form 5 and wait for approval before taking possession of any NFA item willed to them Temporary transfers such as those to a gunsmith or to the original manufacturer for repair are not subject to ATF approval since they are not legally considered transfers ATF does however recommend filing tax free transfer paperwork on all such temporary transfers to confer an extra layer of legal protection on both the owner and the gunsmith 30 Criminal conduct editThe Act makes certain conduct a criminal offense in relation to engaging in business as a manufacturer importer or dealer with respect to NFA firearms without having registered or paid a Special Occupational Tax SOT receiving or possessing a firearm transferred to oneself in violation of the NFA receiving or possessing a firearm made in violation of the NFA receiving or possessing a firearm not registered to oneself in the National Firearms Registration and Transfer Record transferring or making a firearm in violation of the NFA or obliterating removing changing or altering the serial number of the firearm 35 Criminal penalties editViolations of the Act are punishable by up to 10 years in federal prison and forfeiture of all devices or firearms in violation and the individual s right to own or possess firearms in the future The Act provides for a penalty of 10 000 for certain violations 36 A willful attempt to evade or defeat a tax imposed by the Act is a felony punishable by up to five years in prison and a 100 000 fine 500 000 in the case of a corporation or trust under the general tax evasion statute 37 For an individual the felony fine of 100 000 for tax evasion could be increased to 250 000 38 Exceptions editThe United States Supreme Court has ruled in Haynes v United States that the Fifth Amendment to the United States Constitution exempts felons and by extrapolation all other prohibited possessors from the registration requirements of the Act The prohibited person who violates the possession prohibition can however be convicted under the Gun Control Act of 1968 for being a prohibited person in possession of a any firearm The Atomic Energy Act of 1954 was amended in 2005 and includes a provision 42 U S C 2201a to allow Nuclear Regulatory Commission NRC licensees and authorized contractors to possess machine guns for the purpose of providing security 39 40 The market for NFA items editImportation of NFA firearms was banned by the 1968 Gun Control Act which implemented a sporting clause Only firearms judged by ATF to have feasible sporting applications can be imported for civilian use Licensed manufacturers of NFA firearms may still with the proper paperwork import foreign NFA firearms for research and development purposes or for government use The domestic manufacture of new machine guns that civilians could purchase was effectively banned by language in the Firearm Owners Protection Act of 1986 also known as McClure Volkmer The language was added in an amendment from William J Hughes and referred to as the Hughes Amendment 41 Machine guns legally registered prior to the date of enactment i e May 1986 are still legal for possession by and transfer among civilians where permitted by state law The static and relatively small number of transferable machine guns has caused their price to rise often over 10 000 although transferable MAC 10 and MAC 11 submachine guns can still be purchased for around 8 000 42 43 Machine guns manufactured after the FOPA s enactment can be sold only to law enforcement and government agencies exported or held as inventory or dealer samples by licensed manufacturers and dealers Machine guns made after 1986 for law enforcement but not transferable to civilian registration are usually priced only a few hundred dollars more than their semi automatic counterparts whereas a pre Hughes Amendment registered machine gun that can be legally transferred commands a huge premium nbsp A select fire AMD 65 an example of a dealer sampleThe Hughes Amendment affected only machine guns All other NFA firearms are still legal for manufacture and registration by civilians under Form 1 and transfer of registration to civilians via Form 4 though some states have their own laws governing which NFA firearms are legal to own there Silencers and Short Barreled Rifles are generally the most popular NFA firearms among civilians followed by Short Barreled Shotguns Destructive Devices and Any Other Weapons While most NFA firearms are bought from manufacturers and transferred to civilians through a dealer many are made by civilians themselves after they file a Form 1 and pay the 200 tax Some types of NFA firearms can be relatively simple to make a Short Barreled Rifle can be made by swapping out the upper receiver for one containing a short barrel and a Short Barreled Shotgun can be created by using a pipe cutter to shorten the barrel length Other NFA firearms such as suppressors require more technical skill citation needed NFA trust editAn NFA trust also known as a gun trust Title II trust ATF trust or Class 3 trust is a legal trust that is used in the United States to register and own NFA firearms Under regulations use of a trust allows prospective purchasers of NFA items to avoid some of the federal transfer requirements that would otherwise be imposed on an individual 44 Like other trusts it allows for estate planning in inheriting firearms In 2013 ATF proposed new rules 45 often referred to as ATF Proposed Rule 41p which if adopted would require all responsible persons of an entity being used to purchase NFA items to comply with the same procedures as individuals in obtaining NFA items In an NFA trust a responsible person is defined as any grantor trustee beneficiary who possesses directly or indirectly the power or authority under any trust instrument to receive possess ship transport deliver transfer or otherwise dispose of a firearm for or on behalf of the entity 45 ATF finalized the rule on January 15 2016 to become effective 180 days later The previous requirement for chief law enforcement officer approval was eliminated while all responsible people for a trust must now comply with the same restrictions as individual owners 46 47 48 Miller case editIn 1938 the United States District Court for the Western District of Arkansas ruled the statute unconstitutional in United States v Miller The defendant Miller had been arrested for possession of an unregistered short double barreled shotgun and for unlawfully transporting it in interstate commerce from Claremore Oklahoma to Siloam Springs Arkansas which perfected the crime 49 The government s argument was that the short barreled shotgun was not a military type weapon and thus not a militia weapon protected by the Second Amendment from federal infringement The District Court agreed with Miller s argument that the shotgun was legal under the Second Amendment The District Court ruling was overturned on a direct appeal to the United States Supreme Court see United States v Miller No brief was filed on behalf of the defendants and the defendants themselves did not appear before the Supreme Court Miller himself had been murdered one month prior to the Supreme Court s decision No evidence that such a firearm was ordinary military equipment had been presented at the trial court apparently because the case had been thrown out at the defendants request before evidence could be presented although two Supreme Court justices at the time had been United States Army officers during World War I and may have had personal knowledge of the use of such weapons in combat The Supreme Court indicated it could not take judicial notice of such a contention The Supreme Court reversed the District Court and held that the NFA provision criminalizing possession of certain firearms was not in violation of the Second Amendment s restriction and therefore was constitutional Subsequent rulings have been allowed to stand indicating that short barreled shotguns are generally recognized as ordinary military equipment if briefs are filed e g see Cases v United States 50 describing use of short barreled shotguns in specialized military units See also editGun Control Act of 1968 Firearm case law in the United States Gun law in the United States Gun politics in the United States Uniform Firearms ActNotes edit See http legisworks org congress 73 publaw 474 pdf Archived 2016 07 05 at the Wayback Machine This Act shall take effect on the thirtieth day after the date of its enactment See 26 U S C 5841 Spitzer Robert J 2011 Gun Control Constitutional Mandate or Myth In Tatalovich Raymond Daynes Byron W eds Moral Controversies in American Politics M E Sharpe pp 161 195 ISBN 9780765627452 Weaver Greg S 2002 Firearm Deaths Gun Availability and Legal Regulatory Changes Suggestions from the Data Journal of Criminal Law and Criminology 92 3 824 doi 10 2307 1144246 JSTOR 1144246 Retrieved July 7 2014 a b Introduction History of the National Firearms Act National Firearms Act Handbook Bureau of Alcohol Tobacco Firearms and Explosives April 2009 Archived from the original PDF on 2013 12 12 Retrieved 2013 12 07 a href Template Cite book html title Template Cite book cite book a website ignored help a b History of ATF from Oxford University Press ATF gov Archived from the original on 2012 07 28 a b Carter Gregg Lee 2002 Guns in American Society An Encyclopedia of History Politics Culture and the Law ABC CLIO p 545 ISBN 978 1 57607 268 4 Section 1 a Public Law No 474 Ch 757 48 Stat 1236 June 26 1934 Appropriations United States Congress House Committee on Appropriations Subcommittee on the Treasury Postal Service and General Government 1998 Treasury Postal Service and General Government Appropriations for Fiscal Year 1999 Hearings Before a Subcommittee of the Committee on Appropriations House of Representatives One Hundred Fifth Congress Second Session U S Government Printing Office pp 48 53 ISBN 9780160564475 a href Template Cite book html title Template Cite book cite book a CS1 maint multiple names authors list link U S C Title 26 5845 b U S Government Publishing Office See 26 U S C 5845 See also 18 U S C 921 Letter from Franklin Armory to Mr Jay Jacobson May 14 2011 archived from the original October 18 2011 Wilson R L 1 November 1997 U S Smoothbore Pistols Designed to Fire Shotgun Shells In Eric M Larson ed Official R L Wilson Price Guide to Gun Collecting New York House of Collectibles pp 68 71 ISBN 978 0 676 60122 0 Frequently Asked Questions Silencer ATF gov Bureau of Alcohol Tobacco Firearms and Explosives Nos 97 3748 97 3749 UNITED STATES v CASH US 7th Circuit Caselaw lp findlaw com Retrieved 2012 05 22 Sweeney Patrick 15 July 2013 Glock Deconstructed Iola Wisconsin Gun Digest Books pp 194 195 ISBN 978 1 4402 3284 8 1 Archived September 23 2009 at the Wayback Machine Kleck Gary Targeting Guns Firearms and Their Control Transaction Publishers p 108 ISBN 978 0 202 36941 9 NFA Law Letter Requirement atf 1999 ATF Ruling 2011 4 PDF ATF Rul 2011 4 PDF July 25 2011 Retrieved 2011 10 26 Magaw John W 1 April 1996 Federal Firearms Regulations Reference Guide DIANE Publishing p 111 ISBN 978 0 7881 2821 9 Flayderman Norm 17 December 2007 Flayderman s Guide to Antique American Firearms and Their Values Iola Wisconsin F W Media Inc p 26 ISBN 978 0 89689 455 6 National Firearms Act NFA Bureau of Alcohol Tobacco Firearms and Explosives www atf gov Archived from the original on April 11 2012 Home Chief Law Enforcement Officer Required Sign Law Enforcement Certification ATF Form 1 Or ATF is the chief law enforcement officer required to sign the law enforcement certification on ATF Form 1 or ATF Form 4 atf 2013 Archived from the original on 2014 07 14 Retrieved 2014 07 09 ATF Form 4 PDF Retrieved 2012 05 22 U S Court of Appeals for the Ninth Circuit 2002 77 F 3d 868 5th Cir 1996 755 F 2d 1410 11th Cir 1985 a b c National Firearms Act NFA Firearms atf 2013 When must firearms special occupational taxes be paid and how much are the taxes atf 1999 Archived from the original on 2014 07 14 Retrieved 2014 07 09 ATF Form 5300 11 Questions Updated July 31 2013 atf 2013 Archived from the original on October 10 2013 NFA Firearms amp Suppressors Utah Carry Laws Retrieved 2020 11 02 Record Keeping PDF Archived from the original PDF on 2011 10 15 Retrieved 2011 10 26 26 U S C 5861 26 U S C 5871 26 U S C 7201 See 18 U S C 3571 b 3 Open Letter to All Federally Licensed Dealers Importers and Manufacturers of Firearms and Ammunition Bureau of Alcohol Tobacco Firearms and Explosives 2006 01 30 Retrieved 2011 10 26 42 U S C 2201a US Code Section 2201A Use of firearms by security personnel Retrieved 2011 10 26 Gun Law News Firearm Owners Protection Act of 1986 archived from the original on 2007 09 10 retrieved 2007 09 14 Machinegun MAC 10 45 ACP SMG GUNS FOR SALE GUNS 0122 archived from the original on 2016 01 08 retrieved 2020 04 27 US Machinegun SWD M 11 9mm W Sten Conversion GUNS FOR SALE GUNS 0113 archived from the original on 2013 06 01 retrieved 2020 04 27 Goode Erika 2013 02 26 Trusts Offer a Legal Loophole for Buying Restricted Guns New York Times a b Bureau of Alcohol Tobacco Firearms and Explosives PDF September 9 2013 Zuwerink Adam 2016 02 01 How the DOJ s New Regulatory Framework for Gun Trusts Managed to Strike a Reasonable Balance JD Supra View Rule www reginfo gov Retrieved 2015 12 17 Smith David amp Chalabi Mona 2016 01 06 Little known gun trust loophole facing closure by Obama executive action The Guardian Manchester England Miller at p 175 citation not found 131 F 2d 916 922 1st Cir 1942 External links editATF s National Firearms Act Handbook Retrieved from https en wikipedia org w index php title National Firearms Act amp oldid 1186667320, wikipedia, wiki, book, books, library,

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