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US body count rises inexorably, as we Europeans look on in disbelief and horror once again.
America’s gun culture will outlast this tragedy
Whatever steps are taken in the wake of this most recent tragedy, guns will remain a central part of America’s culture, as will gun violence. That may appear baffling to European eyes, but it is not something that can or will be quickly or easily changed.
The murder of 20 schoolchildren by Adam Lanza is a horrific reminder of the way in which the easy access to firearms in America can maximise one man’s potential for evil. Since 1982, there have been at least 62 mass shootings, and in the vast majority of cases the weapons were acquired legally. After the tragic events in Newtown, there is a growing sense that something has to change.
Sadly, there is a gulf between what is morally right and what is politically feasible. In the past, President Obama has stated that semi-automatic weapons of the variety used at Newtown belong in the hands of soldiers rather than citizens, and also that it should be much harder for people with a history of mental illness to own guns: many multiple person shootings are carried out by people suffering from paranoia or depression, who often show signs of illness prior to their actions.
Yet despite his promise of “meaningful action to prevent more tragedies like this”, the president’s record of inaction reflects how reluctant American politicians are to act on such a contentious issue. Gun ownership is constitutionally protected, and a powerful lobby exists to protect that right. During the 2012 election cycle, the wealthy National Rifle Association outspent pro-gun-control groups by 10 to one. Given that President Obama is locked in tortuous budget negotiations with Congressional Republicans, it would be an act of almost reckless courage to spend what little political capital he has testing the militancy of gun owners.
Crucially, opposition to gun control is not limited to ideological lobbies. For many ordinary Americans, gun ownership is synonymous with self-reliance, and they inhabit a culture in which hunting has both mythic and popular appeal. Any effort to curtail significantly access to guns would not only face legal objections but also risk an ugly political war between town and country. Furthermore, the extraordinary saturation of American homes with weapons would limit the impact of any effort to reduce over-the-counter sales. Even if Adam Lanza had been banned from owning any guns on the grounds of mental health (some investigators have described him as suffering from a personality disorder) he could just as easily have taken them from his mother’s private collection. Indeed, a number of her weapons are reported to have been used in the massacre.
http://www.realclearworld.com/2012/12/17/explaining_american_gun_culture_to_a_european_143328.html
_____________________________
This perspicacious piece appeared in the UK's Telegraph at the time of the Sandy Hook massacre. As a European/American, I thought it deserved to be revisited. NOTHING has changed since its original publication, and the bodies continue to pile up.
110 replies
= new reply since forum marked as read
= new reply since forum marked as read
Response to Surya Gayatri (Original post)
Response to Jappleseed (Reply #2)
baffled by America's deranged fetish for gunzz and their bizarre tolerance for gun violence.
I too am at a loss in trying to explain it, let alone excuse it in some way.
The French frequently draw unwelcome parallels between the US and violence-riven, third-world nations--Somalia and Honduras, for starters.
How've you been? Still doing the Frankfurt / Barcelona run?
No one is seeking to overturn of the 2nd amendment by outlawing guns, per se.
That's only been stated and re-stated about a million times. 
but if you're trying to play the "slippery slope" card, don't even bother. 
Lots of room in between.
See "Ignore List". It's where I'm placing all the DU gun nuts so as to avoid stale arguments.
Buh bye.
1934 NFA
Categories of firearms regulated
Main article: Title II weapons
The National Firearms Act of 1934 (NFA) defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following:
Machine guns—this includes any firearm which can fire more than 1 cartridge per trigger pull. Both continuous fully automatic fire and "burst fire" (e.g., firearms with a 3-round burst feature) are considered machine gun features. The weapon's receiver is by itself considered to be a regulated firearm. A non-machinegun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be "readily convertible", and classed as a machinegun, such as a KG-9 pistol (pre-ban ones are "grandfathered"
.
Short-barreled rifles (SBRs)—this category 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)—this category is defined similarly to SBRs, but with either a smoothbore barrel less than 18" long or a minimum overall length under 26".
Suppressors —this includes any portable device designed to muffle or disguise the report of a portable firearm. This category 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)—there are two broad classes of destructive devices:
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 20-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)
Firearms meeting the definition of "any other weapon" or AOW are weapons or devices capable of being concealed on the person from which a shot can be discharged through 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 having 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 illustrated configuration and are not modified from existing shotguns. As a result, these weapons do not fit within the definition of shotgun or weapons made from a shotgun.
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 BATFE Firearms Technology Branch has issued opinions that when a pistol (such as an AR-type pistol) 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.[8]
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.[9]
Parts associated with NFA items
In general, certain components that make up an NFA item are considered regulated. For example, the components of a suppressor are considered as "suppressors" 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 registered owner without subjected to new registration as long as the serial number and the dimension (caliber) are maintained.[10] The length may be reduced in repair, but cannot be increased. Increasing the length is considered as making a new suppressor. Suppressor is the term used within the trade/industry literature while the term 'silencer' is the term used 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, BATFE 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.[11] While this might seem to mean that pre-1981 sears are legal to possess without registration, BATFE 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 machinegun 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 machinegun and are a machinegun as defined in the NFA." ATF machinegun 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 machinegun rulings with specific non-ambiguous language.[12]
Owning 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 machinegun 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 by the BATFE. A string or shoelace that could be looped around the cocking handle of a semiautomatic firearm 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 machinegun unless it is attached in this manner.[13]
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 the ATF to prevent easy conversion of Title I firearms into machine guns.
For civilian possession, all machineguns must have been manufactured and registered with the ATF prior to May 19, 1986 to be transferable between citizens.[14] These machinegun 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 machineguns 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 machineguns.[15] 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. BATFE 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. The BATFE later released ruling 2011-4[16] to clarify the legal status of owning such conversion kits.[17]
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.[18]
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", they are not regulated as destructive devices. Muzzle-loading cannons are similarly exempt since the law draws no distinction between the size of the 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 from owning/obtaining an 'antique firearm' 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.).[19]
Individuals or companies seeking to market large-bore firearms may apply to the ATF for a "sporting clause exception". If granted, the 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
It is a common misconception[20] that an individual must have a "Class 3 " in order to own NFA. An FFL is required as a prerequisite to become a Special Occupation Taxpayer (SOT): Class 1 importer, Class 2 manufacturer-dealer or Class 3 dealer in NFA, not an individual owner. 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. The sale and purchase of NFA 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, obtain a signature from the Chief Law Enforcement Officer (CLEO) who is the county sheriff or city or town chief of police (not necessarily permission), 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.[21] The request to transfer ownership of an NFA item is made on an ATF Form 4.[22] Many times law enforcement officers will not sign the NFA documents. There have been several unfavorable lawsuits where plaintiffs have been denied NFA approval for a transfer. These lawsuit include: Lomont v. O'Neill,[23] Westfall v. Miller,[24] and Steele v. National Branch.[25] In response, Tennessee and Alaska have passed state laws which require the CLEO to execute the NFA documents.[26][27]
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, a signature from local law enforcement is not required, and fingerprint cards and photographs do not need to be submitted with the transfer request. Therefore, an individual who lives in a location where the chief law enforcement officer will not sign a transfer form can still own an NFA item if he or she owns a corporation. This method has downsides, since it is the corporation (and not the principal) that owns the firearm. Thus, if the corporation ever dissolves, it must transfer its NFA to the owners. This event would be considered a new transfer and would be subject to a new transfer tax.[28]
US National Act Stamp, affixed to transfer forms to indicate tax paid.
The tax for privately manufacturing any NFA firearm (other than machineguns, which are illegal for individuals to manufacture) is $200. Transferring requires a $200 tax for all NFA except AOW's, for which the transfer tax is $5 (although the manufacturing tax remains $200).[28]
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) but they pay a larger annual tax which ranges from $500 to $1000 to cover manufacturing.[29]
A Destructive Device manufacturing license or Type-10 FFL holder can manufacture destructive devices making-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.[30]
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 machineguns 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.
Upon the request of any ATF agent or investigator, or the Attorney General, the registered owner must provide proof of registration of the firearm.[31]
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 the 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. The 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.[28]
Criminal conduct
Main article: Title II weapons
The National Firearms Act of 1934 (NFA) defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following:
Machine guns—this includes any firearm which can fire more than 1 cartridge per trigger pull. Both continuous fully automatic fire and "burst fire" (e.g., firearms with a 3-round burst feature) are considered machine gun features. The weapon's receiver is by itself considered to be a regulated firearm. A non-machinegun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be "readily convertible", and classed as a machinegun, such as a KG-9 pistol (pre-ban ones are "grandfathered"
.
Short-barreled rifles (SBRs)—this category 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)—this category is defined similarly to SBRs, but with either a smoothbore barrel less than 18" long or a minimum overall length under 26".
Suppressors —this includes any portable device designed to muffle or disguise the report of a portable firearm. This category 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)—there are two broad classes of destructive devices:
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 20-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)
Firearms meeting the definition of "any other weapon" or AOW are weapons or devices capable of being concealed on the person from which a shot can be discharged through 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 having 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 illustrated configuration and are not modified from existing shotguns. As a result, these weapons do not fit within the definition of shotgun or weapons made from a shotgun.
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 BATFE Firearms Technology Branch has issued opinions that when a pistol (such as an AR-type pistol) 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.[8]
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.[9]
Parts associated with NFA items
In general, certain components that make up an NFA item are considered regulated. For example, the components of a suppressor are considered as "suppressors" 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 registered owner without subjected to new registration as long as the serial number and the dimension (caliber) are maintained.[10] The length may be reduced in repair, but cannot be increased. Increasing the length is considered as making a new suppressor. Suppressor is the term used within the trade/industry literature while the term 'silencer' is the term used 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, BATFE 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.[11] While this might seem to mean that pre-1981 sears are legal to possess without registration, BATFE 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 machinegun 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 machinegun and are a machinegun as defined in the NFA." ATF machinegun 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 machinegun rulings with specific non-ambiguous language.[12]
Owning 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 machinegun 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 by the BATFE. A string or shoelace that could be looped around the cocking handle of a semiautomatic firearm 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 machinegun unless it is attached in this manner.[13]
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 the ATF to prevent easy conversion of Title I firearms into machine guns.
For civilian possession, all machineguns must have been manufactured and registered with the ATF prior to May 19, 1986 to be transferable between citizens.[14] These machinegun 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 machineguns 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 machineguns.[15] 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. BATFE 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. The BATFE later released ruling 2011-4[16] to clarify the legal status of owning such conversion kits.[17]
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.[18]
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", they are not regulated as destructive devices. Muzzle-loading cannons are similarly exempt since the law draws no distinction between the size of the 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 from owning/obtaining an 'antique firearm' 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.).[19]
Individuals or companies seeking to market large-bore firearms may apply to the ATF for a "sporting clause exception". If granted, the 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
It is a common misconception[20] that an individual must have a "Class 3 " in order to own NFA. An FFL is required as a prerequisite to become a Special Occupation Taxpayer (SOT): Class 1 importer, Class 2 manufacturer-dealer or Class 3 dealer in NFA, not an individual owner. 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. The sale and purchase of NFA 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, obtain a signature from the Chief Law Enforcement Officer (CLEO) who is the county sheriff or city or town chief of police (not necessarily permission), 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.[21] The request to transfer ownership of an NFA item is made on an ATF Form 4.[22] Many times law enforcement officers will not sign the NFA documents. There have been several unfavorable lawsuits where plaintiffs have been denied NFA approval for a transfer. These lawsuit include: Lomont v. O'Neill,[23] Westfall v. Miller,[24] and Steele v. National Branch.[25] In response, Tennessee and Alaska have passed state laws which require the CLEO to execute the NFA documents.[26][27]
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, a signature from local law enforcement is not required, and fingerprint cards and photographs do not need to be submitted with the transfer request. Therefore, an individual who lives in a location where the chief law enforcement officer will not sign a transfer form can still own an NFA item if he or she owns a corporation. This method has downsides, since it is the corporation (and not the principal) that owns the firearm. Thus, if the corporation ever dissolves, it must transfer its NFA to the owners. This event would be considered a new transfer and would be subject to a new transfer tax.[28]
US National Act Stamp, affixed to transfer forms to indicate tax paid.
The tax for privately manufacturing any NFA firearm (other than machineguns, which are illegal for individuals to manufacture) is $200. Transferring requires a $200 tax for all NFA except AOW's, for which the transfer tax is $5 (although the manufacturing tax remains $200).[28]
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) but they pay a larger annual tax which ranges from $500 to $1000 to cover manufacturing.[29]
A Destructive Device manufacturing license or Type-10 FFL holder can manufacture destructive devices making-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.[30]
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 machineguns 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.
Upon the request of any ATF agent or investigator, or the Attorney General, the registered owner must provide proof of registration of the firearm.[31]
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 the 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. The 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.[28]
Criminal conduct
1968
Prohibited persons
The Gun Control Act of 1968 was enhanced in 1993 with the passage of the Brady Handgun Violence Prevention Act. The Brady Act created a background check system which required licensed sellers to inspect the criminal history background of prospective gun purchasers, and the Brady Act created a list of categories of individuals to whom the sale of firearms is prohibited. As quoted from 18 U.S.C. 922 (d):
It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26))); (6) who [2] has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) has been convicted in any court of a misdemeanor crime of domestic violence.
Exceptions as quoted from 18 U.S.C. 921 (a)(33)(B):
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Many states automatically reinstate gun ownership rights upon completion of sentence.[citation needed] Some states reinstate rights depending on the crime convicted of, and others have a petition process. Those convicted of a federal offense must contact the Office of the Pardon Attorney, Department of Justice, to receive a presidential pardon. Under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction.
According to a 21 Sep 2011 "Open Letter to All Federal Firearms Licensees" from ATF, holders of state-issued medical marijuana cards are automatically "prohibited persons" under 18 U.S.C 922 (g)(3) and "shipping, transporting, receiving or possessing firearms or ammunition" by a medical marijuana card holder is a violation.[11]
Additionally, 18 U.S.C 922 (x) generally prohibits persons under 18 years of age from possessing handguns or handgun ammunition with certain exceptions for employment, target practice, education, and a handgun possessed while defending the home of the juvenile or a home in which they are an invited guest.[12]
The Brady Handgun Violence Prevention Act of 1993 created the National Instant Criminal Background Check System (NICS) to prevent firearms sales to such prohibited persons.
Federal Firearms License (FFL) system
Main article: Federal Firearms License
The Gun Control Act mandated the licensing of individuals and companies engaged in the business of selling firearms. This provision effectively prohibited the direct mail order of firearms (except antique firearms) by consumers and mandated that anyone who wants to buy a gun in an interstate transaction from a source other than a private individual must do so through a federally licensed firearms dealer. The Act also banned unlicensed individuals from acquiring handguns outside their state of residence. The interstate purchase of long guns (rifles and shotguns) was not impeded by the Act so long as the seller is federally licensed and such a sale is allowed by both the state of purchase and the state of residence.
Private sales between residents of two different states are also prohibited without going through a licensed dealer, except for the case of a buyer holding a Curio & Relic license purchasing a firearm that qualifies as a curio or relic.
Private sales between unlicensed individuals who are residents of the same state are allowed under federal law so long as such transfers do not violate the other existing federal and state laws. While current law mandates that a background check be performed if the seller has a federal firearms license, private parties living in the same state are not required to perform such checks under federal law. However, state laws can prohibit such sales.
A person who does not have a Federal Firearms License may not be in the business of buying or selling firearms. Individuals buying and selling firearms without a federal license must be doing so from their own personal collection.
Under the Gun Control Act, a federally licensed importer, manufacturer, dealer or collector shall not sell or deliver any rifle or shotgun or ammunition for rifle or shotgun to any individual less than 18 years of age, nor any handgun or ammunition for a handgun to any individual less than 21 years of age.[13]
Gunsmith and Factory Repair Exception
While the Gun Control Act prohibits the direct mail-ordering of firearms, a person may ship a gun via contract carrier (such as United Parcel Service-UPS, United States Postal Service or FedEx) to a gunsmith (who has an FFL) or the gunmaker's factory for repairs or modification. After the repair work is done, the gunsmith or the factory can ship the gun directly back to the customer.
Import restrictions
ATF Form 4590 ("Factoring Criteria for Weapons"
The GCA created what is known as the "sporting purposes" standard for imported firearms, saying that they must "be generally recognized as particularly suitable for or readily adaptable to sporting purposes." GCA sporting purposes includes hunting and organized competitive target shooting, but does not include "plinking" or "practical shooting" (which the ATF says is closer to police/combat-style competition and not comparable to more traditional types of sports), nor does it allow for collection for historical or design interest.[14][15]:16-18
Marking requirements
The law also required that all newly manufactured firearms produced by licensed manufacturers in the United States and imported into the United States bear a serial number. Firearms manufactured prior to the Gun Control Act and firearms manufactured by non-FFLs remain exempt from the serial number requirement. Defacement or removal of the serial number (if present) is a felony offense.
The Gun Control Act of 1968 was enhanced in 1993 with the passage of the Brady Handgun Violence Prevention Act. The Brady Act created a background check system which required licensed sellers to inspect the criminal history background of prospective gun purchasers, and the Brady Act created a list of categories of individuals to whom the sale of firearms is prohibited. As quoted from 18 U.S.C. 922 (d):
It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26))); (6) who [2] has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) has been convicted in any court of a misdemeanor crime of domestic violence.
Exceptions as quoted from 18 U.S.C. 921 (a)(33)(B):
(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Many states automatically reinstate gun ownership rights upon completion of sentence.[citation needed] Some states reinstate rights depending on the crime convicted of, and others have a petition process. Those convicted of a federal offense must contact the Office of the Pardon Attorney, Department of Justice, to receive a presidential pardon. Under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction.
According to a 21 Sep 2011 "Open Letter to All Federal Firearms Licensees" from ATF, holders of state-issued medical marijuana cards are automatically "prohibited persons" under 18 U.S.C 922 (g)(3) and "shipping, transporting, receiving or possessing firearms or ammunition" by a medical marijuana card holder is a violation.[11]
Additionally, 18 U.S.C 922 (x) generally prohibits persons under 18 years of age from possessing handguns or handgun ammunition with certain exceptions for employment, target practice, education, and a handgun possessed while defending the home of the juvenile or a home in which they are an invited guest.[12]
The Brady Handgun Violence Prevention Act of 1993 created the National Instant Criminal Background Check System (NICS) to prevent firearms sales to such prohibited persons.
Federal Firearms License (FFL) system
Main article: Federal Firearms License
The Gun Control Act mandated the licensing of individuals and companies engaged in the business of selling firearms. This provision effectively prohibited the direct mail order of firearms (except antique firearms) by consumers and mandated that anyone who wants to buy a gun in an interstate transaction from a source other than a private individual must do so through a federally licensed firearms dealer. The Act also banned unlicensed individuals from acquiring handguns outside their state of residence. The interstate purchase of long guns (rifles and shotguns) was not impeded by the Act so long as the seller is federally licensed and such a sale is allowed by both the state of purchase and the state of residence.
Private sales between residents of two different states are also prohibited without going through a licensed dealer, except for the case of a buyer holding a Curio & Relic license purchasing a firearm that qualifies as a curio or relic.
Private sales between unlicensed individuals who are residents of the same state are allowed under federal law so long as such transfers do not violate the other existing federal and state laws. While current law mandates that a background check be performed if the seller has a federal firearms license, private parties living in the same state are not required to perform such checks under federal law. However, state laws can prohibit such sales.
A person who does not have a Federal Firearms License may not be in the business of buying or selling firearms. Individuals buying and selling firearms without a federal license must be doing so from their own personal collection.
Under the Gun Control Act, a federally licensed importer, manufacturer, dealer or collector shall not sell or deliver any rifle or shotgun or ammunition for rifle or shotgun to any individual less than 18 years of age, nor any handgun or ammunition for a handgun to any individual less than 21 years of age.[13]
Gunsmith and Factory Repair Exception
While the Gun Control Act prohibits the direct mail-ordering of firearms, a person may ship a gun via contract carrier (such as United Parcel Service-UPS, United States Postal Service or FedEx) to a gunsmith (who has an FFL) or the gunmaker's factory for repairs or modification. After the repair work is done, the gunsmith or the factory can ship the gun directly back to the customer.
Import restrictions
ATF Form 4590 ("Factoring Criteria for Weapons"
The GCA created what is known as the "sporting purposes" standard for imported firearms, saying that they must "be generally recognized as particularly suitable for or readily adaptable to sporting purposes." GCA sporting purposes includes hunting and organized competitive target shooting, but does not include "plinking" or "practical shooting" (which the ATF says is closer to police/combat-style competition and not comparable to more traditional types of sports), nor does it allow for collection for historical or design interest.[14][15]:16-18
Marking requirements
The law also required that all newly manufactured firearms produced by licensed manufacturers in the United States and imported into the United States bear a serial number. Firearms manufactured prior to the Gun Control Act and firearms manufactured by non-FFLs remain exempt from the serial number requirement. Defacement or removal of the serial number (if present) is a felony offense.
1986
Federal firearms law reform
Under the Gun Control Act of 1968, the Bureau of Alcohol, Tobacco and Firearms (ATF) was given wide latitude on the enforcement of regulations pertaining to Federal Firearms License (FFL) holders.[citation needed] Allegations of abuse by ATF inspectors soon[when?] arose from the National Rifle Association (NRA) and some FFL licensees.[citation needed]
A February 1982 report by a Senate subcommittee that studied the Second Amendment said:
The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.[1]:12
The report also said that 75 percent of ATF prosecutions "were aimed at ordinary citizens who had neither criminal intent nor knowledge, but were enticed by agents into unknowing technical violations." It suggested that reform of federal firearms law such as proposed in S. 1030 "would be largely self-enforcing" and "would enhance vital protection of constitutional and civil liberties of those Americans who choose to exercise their Second Amendment right to keep and bear arms."[1]
The Firearm Owners Protection Act of 1986 (FOPA) addressed the abuses noted in the 1982 Senate Judiciary Subcommittee report. Among the reforms intended to loosen restrictions on gun sales were the reopening of interstate sales of long guns on a limited basis, legalization of ammunition shipments through the U.S. Postal Service (a partial repeal of the Gun Control Act), removal of the requirement for record keeping on sales of non-armor-piercing ammunition, and federal protection of transportation of firearms through states where possession of those firearms would otherwise be illegal.[2] However, the Act also contained a provision that banned the sale of machine guns manufactured after the date of enactment to civilians, restricting sales of these weapons to the military and law enforcement. Thus, in the ensuing years, the limited supply of these arms available to civilians has caused an enormous increase in their price, with most costing in excess of $10,000. Regarding these fully automatic firearms owned by private citizens in the U.S., political scientist Earl Kruschke said "approximately 175,000 automatic firearms have been licensed by the Bureau of Alcohol, Tobacco, and Firearms (the federal agency responsible for administration of the law) and evidence suggests that none of these weapons has ever been used to commit a violent crime."[3]:85
The gun rights movement lobbied Congress to pass the FOPA to prevent the abuse of regulatory power — in particular, to address claims that the ATF was repeatedly inspecting FFL holders for the apparent purpose of harassment intended to drive the FFL holders out of business (as the FFL holders would constantly be having to tend to ATF inspections instead of to customers).
The Act mandated that ATF compliance inspections can be done only once per year. An exception to the "once per year" rule exists if multiple record-keeping violations are recorded in an inspection, in which case the ATF may do a follow-up inspection. The main reason for a follow-up inspection would be if guns could not be accounted for.
Ban on machine guns
As debate for FOPA was in its final stages in the House before moving on to the Senate, Rep. William J. Hughes (D-N.J.) proposed several amendments including House Amendment 777 to H.R. 4332, which modified the act to ban the civilian ownership of new machine guns, specifically to amend 18 U.S.C. § 922 to add subsection (o):
(o)(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.
The ATF, as a representative of the U.S. and with authority from the National Firearms Act, can authorize the transfer of a machine gun to an unlicensed civilian. An unlicensed individual may acquire machine guns, with ATF approval.[4] The transferor must file an ATF application, which must be completed by both parties to the transfer:[4]
executed under penalties of perjury[5]
both parties must reside in the same state as the individual
pay a $200 transfer tax to ATF[6]
the application must include detailed information on the firearm and the parties to the transfer[5][7]
the transferee must certify on the application that he or she is not disqualified from possessing firearms on grounds specified in law
the transferee must submit with the application (1) two photographs taken within the past year; and (2) fingerprints[7]
the transferee must submit with the application (3) a copy of any state or local permit or license required to buy, possess, or acquire machine guns
an appropriate (local) law enforcement official must certify whether he or she has any information indicating that the firearm will be used for other than lawful purposes or that possession would violate state or federal law[7]
the transferee must, as part of the registration process, pass an extensive Federal Bureau of Investigation criminal background investigation.[8]
If ATF denies an application, it must refund the tax.[4] Gun owners must keep approved applications as evidence of registration of the firearms and make them available for inspection by ATF officers.[4]
In the morning hours of April 10, 1986, H.Amdt.777 Amendment passed the House by voice vote, and the House held recorded votes on three amendments to FOPA in Record Vote No's 72, 73, and 74. Recorded Vote 72 was on H.AMDT. 776, an amendment to H.AMDT 770 involving the interstate sale of handguns; while Recorded Vote 74 was on H.AMDT 770, involving primarily the easing of interstate sales and the safe passage provision. Recorded Vote 74 was the Hughes Amendment that called for the banning of machine guns. Rep. Charles Rangel (D-N.Y.), at the time presiding as Chairman over the proceedings, claimed that the "amendment in the nature of a substitute, as amended, was agreed to." However, after the voice vote on the Hughes Amendment, Rangel ignored a plea to take a recorded vote and moved on to Recorded Vote 74 where the Hughes Amendment failed.[9][10] The bill, H.R. 4332, as a whole passed in Record Vote No: 75 on a motion to recommit. Despite the controversial amendment, the Senate, in S.B. 49, adopted H.R. 4332 as an amendment to the final bill. The bill was subsequently passed and signed on May 19, 1986 by President Ronald Reagan to become Public Law 99-308, the Firearms Owners' Protection Act.
Under the Gun Control Act of 1968, the Bureau of Alcohol, Tobacco and Firearms (ATF) was given wide latitude on the enforcement of regulations pertaining to Federal Firearms License (FFL) holders.[citation needed] Allegations of abuse by ATF inspectors soon[when?] arose from the National Rifle Association (NRA) and some FFL licensees.[citation needed]
A February 1982 report by a Senate subcommittee that studied the Second Amendment said:
The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.[1]:12
The report also said that 75 percent of ATF prosecutions "were aimed at ordinary citizens who had neither criminal intent nor knowledge, but were enticed by agents into unknowing technical violations." It suggested that reform of federal firearms law such as proposed in S. 1030 "would be largely self-enforcing" and "would enhance vital protection of constitutional and civil liberties of those Americans who choose to exercise their Second Amendment right to keep and bear arms."[1]
The Firearm Owners Protection Act of 1986 (FOPA) addressed the abuses noted in the 1982 Senate Judiciary Subcommittee report. Among the reforms intended to loosen restrictions on gun sales were the reopening of interstate sales of long guns on a limited basis, legalization of ammunition shipments through the U.S. Postal Service (a partial repeal of the Gun Control Act), removal of the requirement for record keeping on sales of non-armor-piercing ammunition, and federal protection of transportation of firearms through states where possession of those firearms would otherwise be illegal.[2] However, the Act also contained a provision that banned the sale of machine guns manufactured after the date of enactment to civilians, restricting sales of these weapons to the military and law enforcement. Thus, in the ensuing years, the limited supply of these arms available to civilians has caused an enormous increase in their price, with most costing in excess of $10,000. Regarding these fully automatic firearms owned by private citizens in the U.S., political scientist Earl Kruschke said "approximately 175,000 automatic firearms have been licensed by the Bureau of Alcohol, Tobacco, and Firearms (the federal agency responsible for administration of the law) and evidence suggests that none of these weapons has ever been used to commit a violent crime."[3]:85
The gun rights movement lobbied Congress to pass the FOPA to prevent the abuse of regulatory power — in particular, to address claims that the ATF was repeatedly inspecting FFL holders for the apparent purpose of harassment intended to drive the FFL holders out of business (as the FFL holders would constantly be having to tend to ATF inspections instead of to customers).
The Act mandated that ATF compliance inspections can be done only once per year. An exception to the "once per year" rule exists if multiple record-keeping violations are recorded in an inspection, in which case the ATF may do a follow-up inspection. The main reason for a follow-up inspection would be if guns could not be accounted for.
Ban on machine guns
As debate for FOPA was in its final stages in the House before moving on to the Senate, Rep. William J. Hughes (D-N.J.) proposed several amendments including House Amendment 777 to H.R. 4332, which modified the act to ban the civilian ownership of new machine guns, specifically to amend 18 U.S.C. § 922 to add subsection (o):
(o)(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.
The ATF, as a representative of the U.S. and with authority from the National Firearms Act, can authorize the transfer of a machine gun to an unlicensed civilian. An unlicensed individual may acquire machine guns, with ATF approval.[4] The transferor must file an ATF application, which must be completed by both parties to the transfer:[4]
executed under penalties of perjury[5]
both parties must reside in the same state as the individual
pay a $200 transfer tax to ATF[6]
the application must include detailed information on the firearm and the parties to the transfer[5][7]
the transferee must certify on the application that he or she is not disqualified from possessing firearms on grounds specified in law
the transferee must submit with the application (1) two photographs taken within the past year; and (2) fingerprints[7]
the transferee must submit with the application (3) a copy of any state or local permit or license required to buy, possess, or acquire machine guns
an appropriate (local) law enforcement official must certify whether he or she has any information indicating that the firearm will be used for other than lawful purposes or that possession would violate state or federal law[7]
the transferee must, as part of the registration process, pass an extensive Federal Bureau of Investigation criminal background investigation.[8]
If ATF denies an application, it must refund the tax.[4] Gun owners must keep approved applications as evidence of registration of the firearms and make them available for inspection by ATF officers.[4]
In the morning hours of April 10, 1986, H.Amdt.777 Amendment passed the House by voice vote, and the House held recorded votes on three amendments to FOPA in Record Vote No's 72, 73, and 74. Recorded Vote 72 was on H.AMDT. 776, an amendment to H.AMDT 770 involving the interstate sale of handguns; while Recorded Vote 74 was on H.AMDT 770, involving primarily the easing of interstate sales and the safe passage provision. Recorded Vote 74 was the Hughes Amendment that called for the banning of machine guns. Rep. Charles Rangel (D-N.Y.), at the time presiding as Chairman over the proceedings, claimed that the "amendment in the nature of a substitute, as amended, was agreed to." However, after the voice vote on the Hughes Amendment, Rangel ignored a plea to take a recorded vote and moved on to Recorded Vote 74 where the Hughes Amendment failed.[9][10] The bill, H.R. 4332, as a whole passed in Record Vote No: 75 on a motion to recommit. Despite the controversial amendment, the Senate, in S.B. 49, adopted H.R. 4332 as an amendment to the final bill. The bill was subsequently passed and signed on May 19, 1986 by President Ronald Reagan to become Public Law 99-308, the Firearms Owners' Protection Act.
Some light reading of the current federal firearms regulations. Yes the states can and do add more.
https://www.atf.gov/file/58686/download
Large capacity magazines aren't the ONLY issue, obviously.
Try to grasp the Big Picture, if you can.
from an intelligent back in forth debate into name calling....But I'd kind of figured you'd get to that sooner or later.
Carry on!
But anyway,. please refer to duckhunter per Virginia and Newton. You don't need high capacity magazines to kill a lot of people. Banning them only makes one get a warm fuzzy feeling that they "made a difference"
You still don't get it. 
queuing up to get on the next US-bound plane in the sole hope of FINALLY having the God-given right to FIRE a WEAPON à l'américaine.
BWAAHAAAAAAA! 
ERMAGERD, I'm dyin' here!!!!
The murder of 20 schoolchildren by Adam Lanza is a horrific reminder of the way in which the easy access to firearms in America can maximise one man’s potential for evil.
Easy access...how cute.
All he had to do was kill his own mother...
They only cater to the interests of the upper 1% and giant corporations. They couldn't give less of a shit about the havoc they wreck or what they do to the population. The lobbyists have taken over, and the NRA has become way too powerful and corrupt. They are a terrorist organization plain and simple. The list that they have of "NRA approved" politicians? Every single member of that list is an enabler of that terrorist organization, every single one needs to be voted out of office immediately. We need to destroy the NRA and make them irrelevant. 
So, no, I'm happy to say you're wrong about We, the Majority. 
http://www.reuters.com/article/2015/06/30/us-usa-culture-guns-idUSKCN0PA29M20150630
http://www.nbcnews.com/news/us-news/one-three-americans-own-guns-culture-factor-study-finds-n384031
