Posts Tagged national firearms act

Gun Owners of America Challenges NFA

From The Truth About Guns:

An appeal to the US Court of Appeals for the Tenth Circuit was unsuccessful. The court let the lower court convictions stand. Now, however, with help from Gun Owners of America and the Gun Owners Foundation, Kettler has asked the US Supreme Court to hear his appeal.

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Bump Stocks Classified As Machine Guns

Everyone who has a bump stock has 90 days to turn them in or become a felon.

From Breitbart:

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices-meaning “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics-are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.

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ATF Changes Accessory Review

From Guns.com:

“Effective immediately, any requests for a determination on how an accessory affects the classification of a firearm under the GCA or NFA must include a firearm with the accessory already installed,” noted ATF. “Except in cases of conditional import determinations, FTISB will not issue a determination on an accessory unless it is attached to the submitted firearm.”

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NFA Trumps Kansas Law

From Guns.com:

The 10th U.S. Circuit upheld the past convictions of Shane Cox and Jeremy Kettler, who had previously been found guilty of violating federal laws concerning the manufacturing and selling of suppressors. While the men used a defense that they felt at the time that they committed their crime that Kansas state law insulated them from prosecution by the federal government, the court in their 48-page ruling did not concur.

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Enforcing Unconstitutional Laws

From Bearing Arms:

The answer to that is that I believe the laws on the book need to be enforced, even if they’re wrong. They need to be enforced until they’re no longer on the books. By arguing that unconstitutional laws shouldn’t be followed–an argument I understand completely–you open the door for people to make that same argument about any number of other subjects.

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Texas Loosens Regulations on Short Shotguns

From Guns.com:

A provision which lifts the ban on non-National Firearms Act, short-barreled firearms with a pistol grip in Texas will take effect next month.

The modification to the Lone Star State’s firearms laws, HB 1819 makes tweaks to the state’s suppressor regulations as well as making firearms such as the Mossberg 590 Shockwave legal to transfer.

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Washington Post Fact Checks Lawmakers On Hearing Protection Act

From The NRA-ILA:

The Washington Post — in one of its rare reversions to journalism – recently issued a fact check that handed Americans for Responsible Solutions and Sen. Kirsten Gillibrand (D-NY) three Pinocchios for overstating the noise-canceling properties of firearm suppressors. “There is little that’s quiet about a firearm with a silencer, unless one also thinks a jackhammer is quiet,” the report concluded. 

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Military Arms Channel Discusses NFA Repeal

From Military Arms Channel:

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National Concealed Carry and the Second Amendment

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.

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Hearing Protection Act Gaining Momentum

From Guns.com:

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.

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The History Of The Gun Control Movement

From The Tenth Amendment Center:

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.

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Bill Removes Suppressors From National Firearms Act

From American Suppressor Association:

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.

 

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When Is a NICS Check Required?

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.

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ATF’s Meddling Appears To Allow Trusts To Make Machineguns With No Registration Or NICS Check

From Princelaw.com:

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.

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OK Gov. Vetoes “Shall-Issue” NFA Bill

From NRA-ILA:

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.

UPDATE:

OK House overrides veto:

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.

 

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