National Firearms Act
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The National Firearms Act (NFA), cited as the Act of June 26, 1934, Ch. 757, 48 Stat. 1236, as amended, currently codified as Chapter 53 of the Internal Revenue Code, #redirect through #redirect , is a United States federal law passed in 1934 that mandates the registration of all Title II weapons - that is, all sound suppressors or 'silencers', all fully-automatic and burst-fire firearms, all rifles with a barrel length less than 16 inches (406 mm) (SBR) and shotguns with a barrel length less than 18 inches (457 mm) (SBS), shoulder fired weapons with an overall length less than 26 inches (660 mm), weapons classified as "Any Other Weapon" (AOW) and weapons classified as "destructive devices" (DD). For weapons with folding, collapsing or telescoping stocks, the overall length is measured with the stock fully extended.
Origins
The common assumption[[Citing sources citation needed]] is that the public sale of Thompson submachine guns (circa late 1920s to NFA enactment) and the utilization of automatic firearms in the significant organized crime of the Prohibition Era, allegedly prompted the legislation. While the Thompson itself was not especially common in the hands of criminals, saturating media presentation[[Citing sources citation needed]] of it as 'the Mob's weapon of choice' allowed an uninvestigative application of fear,[[Citing sources citation needed]] and definitely assisted[[Citing sources citation needed]] the government's efforts in obtaining the unprecedented new powers[[Citing sources citation needed]] contained in the "National Firearms Act."
The National Firearms Act of 1934 did not complete passage through Congress until after the passage of the Twenty-First Amendment, repealing Prohibition. Although mob use of machineguns may have been the implied reason behind the drafting of the Bill that became the National Firearms Act, it is likely that something else got congress' attention. The protests of the war veterans of the Bonus Army near Capitol Hill also reminded Congress of the power of citizens, and gave congress an excuse[[Citing sources citation needed]] to act to place severe controls on the private possession of military weapons. The Act requires that all movements across State lines of weapons controlled by the Act be reported to the Treasury Department[[Citing sources citation needed]] (this function has since been transferred to the Justice Department). The transfer tax of $200 placed on the transfer of firearms controlled by the Act was equivalent to roughly five months salary in 1934,[[Citing sources citation needed]] and this was during the Great Depression.
The Process
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 permission from both the ATF and the county sheriff or chief of police, pass an extensive background check to include submitting a photograph and finger prints, fully register the firearm, receive ATF written permission before moving the firearm across state lines, and pay a tax. The tax for privately manufacturing any NFA firearm (other than machineguns, which are generally illegal to manufacture) is $200. Transferring requires a $200 tax for all NFA firearms except AOWs, for which the transfer tax is $5 (note that the manufacturing tax is still $200). Dealers who pay a special yearly occupational tax are exempt from these taxes for transfers to or from other special occupational taxpayers (SOTs). The registration or transfer process takes approximately 4-6 months to complete. Additionally, the firearm can never be handled or transported by any other private individual unless the firearm's registered owner is present.
The Market for NFA Items
Importation of NFA weapons 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. The manufacture of new machine guns of which civilians could purchase was effectively banned by language in the Firearm Owners Protection Act of 1986. All machine guns legally registered prior to the date of enactment are still legal for possession by and transfer among civilians where permitted by state law. The static and relatively small number of transferable automatic firearms has caused their price to be often over $10,000, although transferable M10 and M11 submachine guns (more commonly known as "Mac 10's") can still be purchased for around $3500. Machine guns manufactured after the FOPA's enactment can only be sold to law enforcement and government agencies, exported, or in some cases held as inventory by licensed manufacturers and dealers.
Court Decisions
In the 1930s, the United States District Court for the Western District of Arkansas ruled the statute unconstitutional in United States v. Miller. That ruling, however, was overturned on a direct appeal to the United States Supreme Court (see United States v. Miller). The defendants Jack Miller and Frank Layton failed to appear before the Supreme Court, and no brief was filed on their behalf. Miller had been arrested for possession of an unregistered short barreled shotgun. Miller's defense was that the shotgun was legal under the Second Amendment. The government's argument was that the short barreled shotgun was not a military weapon and thus not a "militia" weapon protected by the Second Amendment. Since the defense was not present, the court ruled that there was no evidence presented to them that such a firearm was indeed "ordinary military equipment."
The validity of the factual basis for the decision has been questioned, as short barreled shotguns were used by American troops during the trench warfare of World War I, and after the Miller decision in World War II and the Vietnam War. The decision is further criticized because the law further regulates all automatic weapons, resulting in most ordinary military weapons also being regulated.
Other doubts have been raised as to the application of the Act to privately constructed firearms or devices that would normally be regulated under the Act's provisions, but are intended for private ownership only and not for sale. As the Act's application is derived from the federal legislature's Constitutionally enumerated power of regulation over interstate commerce, it is unclear how privately constructed firearms or devices built solely for personal possession (not intended for sale or transfer, and thus arguably not intended to be delivered into the stream of interstate commerce) are affected by the Act.
Violations of the National Firearms Act are punishable by up to 10 years in federal prison and/or a significant monetary fine ($100,000 and $250,000 have been cited variously, possibly per convicted infraction), as well as forfeiture of all devices or firearms in violation, and the individual's right to own or possess firearms in the future
See also
External links
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