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Posts Tagged national firearms act
From Military Arms Channel:
From Bearing Arms:
While I’d be thrilled that I’d no longer be disarmed and treated like a second class citizen when I visit my friends in the Northeast (other than needing to acquire some “NY legal” downloaded magazines, and another few boxes of Federal Guard Dog 9mm to get around New Jersey’s ignorant ban on hollowpoint ammunition), I frankly am opposed to federal gun laws.
I don’t want more federal gun laws, but instead want the federal gun laws that exist (the National Firearms Act of 1934, Gun Control Act of 1968, etc) repealed or declared unconstitutional.
A bipartisan bill in the U.S. House that would remove firearm suppressors from National Firearms Act regulation after 82 years has picked up a number of new supporters.
Introduced last October by U.S. Rep. Matt Salmon, R-Ariz., with 10 co-sponsors, the Hearing Protection Act of 2015 last week picked up its 50th lawmaker to sign on in support. This gives the measure the backing of representatives from 29 states including one Democrat, Rep. Peter DeFazio of Oregon.
Kopel notes that gun control primarily originated after the Civil War as a means to keep freed slaves from having access to firearms, as well as to prevent dueling. Throughout the 1800s, he writes, gun control laws were almost “exclusively a Southern phenomenon.” Outside of that region, the only type of gun control that really caught on was prohibition of concealed-carry, although open carry was still permitted.
What finally brought gun control into the national spotlight was apprehension over revolutionary movements after the communists overthrew of the Russian provisional government in 1917. The gun control movement gained further support for restricting handguns when Prohibition led to a major crime wave in the 1920s.
The American Suppressor Association (ASA) is pleased to announce the introduction of the Hearing Protection Act (HPA) by Rep. Matt Salmon (AZ-05). This historic piece of legislation will remove suppressors from the purview of the National Firearms Act (NFA), replacing the antiquated federal transfer process with an instantaneous NICS background check. The HPA also includes a provision to refund the $200 transfer tax to applicants who purchase a suppressor after October 22, 2015.
From Prince Law Offices, P.C.:
It’s no secret that ATF told at least one FFL they need to run a NICS check on trustees picking up NFA firearms on behalf of a trust. In a letter addressed toDakota Silencer, ATF explained:
The term “person” is defined by the GCA at 18 U.S.C. § 921(a)(1), to include “any individual, corporation, company, association, firm, partnership, society, or joint stock company.”
ATF has interpreted the GCA exception in sections 922(t)(3)(B) and 478.102(d)(2) to mean that firearms transfers are exempt from a NICS check when they have been approved under the NFA to the person receiving the firearm. Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.
Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.
There is a lot of technical legal speak in this post but it is fascinating how the government has spun such a tangled web of laws that may actually cancel out or contradict one another.
So, ATF, trying to be cute and find a way to require NICS checks without Congressional action, declared trusts not to fit the definition of a “person” under the GCA. No big deal, especially for us in Pennsylvania, as Pennsylvania Instant Check System (PICS) checks are already required for all NFA firearms, except silencers. But, not so quick…let’s look at Section 922(o) of the Gun Control Act…
Section 922(o) provides:
(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to–
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.
Authored in the House by state Representative Mike Turner (R-82) and in the Senate by state Senator Nathan Dahm (R-33), HB 2461 would require that a chief law enforcement officer (CLEO) sign an application for the transfer of any item regulated under the National Firearms Act (NFA) within fifteen days if the applicant is not prohibited by law from receiving it.
House Bill 2461 will go to the state Senate where a two-thirds vote would be required to complete the veto override. The bill initially passed the Senate by a vote of 46-0 on April 22.
Wednesday’s House vote came one day after Fallin vetoed 15 House bills, including this one, while criticizing the House for failing to act on important issues, such as Capitol repairs, while passing flawed bills and bills that are irrelevant to most Oklahomans.
To justify the proposed rule, the administration and BATFE have stated that over 39,000 applications for transfers of NFA firearms to trusts or corporations were received in 2012 alone. Nevertheless, the agency cited not a single case in which an NFA firearm transferred to a legal entity was used in the commission of a crime.