| National Firearms Act Of 1934 |
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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 , through , is a United States Federal Law passed in 1934 that mandates the registration of all Title II Weapons - that is, all sound Suppressor s or 'silencers', all fully-automatic and burst-fire firearms, all Rifle s with a barrel length less than 16 inches (406 mm) (SBR) and Shotgun s 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 Device s" (DD). For weapons with folding, collapsing or telescoping stocks, the overall length is measured with the stock fully extended. Origins While it has not been specifically stated anywhere to date, the widespread public sale of Thompson submachine guns (circa late 1920s to NFA enactment) and the heavy utilization of contemporary military-style automatic firearms in the significant organized crime of the Prohibition Era , likely prompted the legislation. While the Thompson itself was not especially common in the hands of criminals, saturating media presentation of it as 'the Mob's weapon of choice' in proximity to its public sale allowed an uninvestigative application of "connect the dots", and likely did plenty fanning the flames of regulatory efforts. 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 Gun s 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 $3000. 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 |