History of the National Firearms Act
All eyes are on the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) right now. The ATF is the regulatory agency for the firearms industry, which gives it the power to interpret and apply federal laws governing firearms. Two laws of particular importance are the National Firearms Act (“NFA”) of 1934 and the Firearm Owner’s Protection Act (“FOPA”) of 1986. These two pieces of legislation define and regulate the possession of machine guns, short-barreled rifles or shotguns, and suppressors (among others)—commonly referred to as NFA items.
The NFA regulated the possession of certain items thought to be commonly used in gang violence. In 1986, lawmakers further regulated “machine guns” by passing a law forbidding civilian possession of any machine gun not currently in circulation. This meant the number of transferable machine guns that existed on the market was fixed at the number registered and in circulation on May 19, 1986. Other NFA items can still be manufactured and added to the NFA registry. Because of the tight regulations around these classes of weapons, part of the ATF’s job is to interpret the legal definition of what is and is not an NFA item and apply it to thousands of new products coming onto the market.
This Has Happened Before…
Occasionally, the ATF changes the classification of an item from an ordinary firearm to a firearm regulated by the NFA. One of the most recent and high-profile examples of this is the ban on “bump stocks.” When this product was introduced, it was examined by the ATF and determined not to be a “machine gun” as defined under the NFA. But after allegations that a bump stock was used in the 2017 mass shooting in Las Vegas, the Trump administration ordered the ATF to reevaluate this item. As a result, the ATF concluded that attaching a bump stock to a semiautomatic firearm converted the firearm into a machine gun. On March 26, 2019, 90 days after the rule change was published, a once-legal piece of plastic became an illegal machine gun.
The ATF’s Authority
How can the ATF make an item illegal? Congress grants rulemaking authority to many regulatory bodies in this country (think Environmental Protection Agency, Department of Transportation, etc.). This rulemaking authority gives federal agencies the power to create regulations surrounding how laws are interpreted and enforced, and these regulations have the full force of law. This is how the ATF can generally change the law effectively without actually changing the black letter of the statute.
But How Could This Happen?
How might someone come into possession of an unregistered NFA item? The first (and increasingly less common) method is inheritance. It isn’t unheard of for family members of a deceased combat veteran to find a “bring-back” souvenir machine gun when they examine that person’s possessions. Unregistered NFA items, whether they’re suppressors, short-barreled rifles/shotguns, machine guns, or any other NFA item are illegal to possess or transfer and cannot be passed through inheritance. Per the ATF’s website, any such unregistered NFA item found in an estate is contraband and should be surrendered to the ATF.
Enjoying this content? Find out how you can get more sent straight to your inbox.
Be Prepared for Changes
You might be thinking, “Well, I don’t have any illegal weapons, so I’m not worried.” However, the ATF is constantly applying scrutiny to products that are on or will come on the market. This leaves the real possibility that an ATF rule change could make your legally owned weapon or accessory illegal to possess. When the ATF redefined bump stocks from a legal accessory to an illegal machine gun, owners had a 90-day grace period from the officially published notice of change to surrender or destroy their once-legal item. Pistol brace owners are now worried about a similar situation, thanks to recent ATF cease-and-desist letters to SB Tactical and Q Honey Badger requesting the suspension of all manufacture and transfer of pistol braces unless they are registered under the NFA.
Lawyer Up!
What should you do if you think you may be in possession of an unregistered NFA item? It is crucial that you consult an attorney immediately to determine whether you are in illegal possession. Remember: ignorance is not a legal excuse, so consult a lawyer before taking any other step.
The ATF also provides guidelines on what to do in these instances. If the NFA item is legally registered and found in a deceased person’s estate, it can be inherited by that person’s lawful heir. However, as mentioned earlier, if the item is unregistered, it’s contraband and must be surrendered. The ATF’s website recommends contacting a local ATF branch office to arrange a time to surrender the weapon.
Destroy or Turn In
But what if a rule change applies to your weapon? When the ATF banned bump stocks, it gave owners two options: destroy the bump stock or surrender it to the ATF. The agency provided guidelines on how to properly destroy the bump stock via “crushing, melting or shredding the bump stock” so that it was “made incapable of being readily restored to its intended function.” Any ATF rule change to pistol braces will give the public an opportunity for comment. As of the writing of this article, the ATF has withdrawn notice that it will regulate all stabilizing pistol braces through the rulemaking process. If and when the ATF changes a definition of a part, they will announce it on their website. Additionally, the firearms industry media covers these events extensively. You’ll likely find guidance on the National Shooting Sports Foundation’s (“NSSF”) website as well as any number of firearms news websites.
Stay Aware and Prepared
As a regulatory agency, the ATF is continuously updating its definitions of what is and is not legal. The firearms industry is constantly producing new products that must be evaluated, and as you’ve seen, the ATF may initially determine an item does not fall under the classification of an NFA item but later changes course. For more information on how changing ATF definitions could affect you, contact U.S. LawShield and ask to speak to your Independent Program Attorney.
Your Protection Starts Here!
The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.
How can the ATF say something is allright and then change their mind and say it is against the law later. WHAT THE HELL HAPPENED TO SHALL NOT BE INFRINGED????????????????
buy the way i have add throw i cant spell or understand gramer. or learn from a book i do know laws. each these laws has nothing to do with 2ed admenment and everything to do with. these are laws set in stone these laws cant be cut aroud doing so is ack of treason also keep reading as there laws not any where u find
“All laws which are repugnant to the Constitution are null and void.” Marbury vs. Madison, 5 US (2 Branch) 137, 174, 176, (1803)
“No state shall convert a liberty into a license, and charge a fee therefore.” (Murdock v. Pennsylvania, 319 U.S. 105)
“If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.” (Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262)
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs Arizona, 384, US 436 p. 491.
“Aware of the tendency of power to degenerate into abuse, the worthies of our country have secured its independence by the establishment of a Constitution and form of government for our nation, calculated to prevent as well as to correct abuse.”
–Thomas Jefferson to Washington Tammany Society, 1809.
“If a law is unjust, a man is not only right to disobey it, he is obligated to do so.” – Thomas Jefferson
“When injustice becomes law, resistance becomes duty”
But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. – Thomas Jefferson
“The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed … An unconstitutional law is void.” (16 Am. Jur. 2d, Sec. 178)
Under federal law, 18 USC 242, it is illegal for anyone under the color of law to deprive any person of the rights, privileges or immunities secured by the U.S. Constitution, and under 18 USC 241 it is illegal to conspire to violate such rights. It is a felony punishable by up to 10 years in prison. This could be applied to local, state, or federal law enforcement or military personnel who abuse the rights of citizens. Every state has a similar law.
under atf law sbr is a gun with barrle less then 16 inchs “OR” a over all size less 26 to state word or is key word here,
that if gun is 26 inchs its not sbr… also the key law if a gun has distace between trigger and back stock less 15 or less not a sbr.. first they clame these guns be conseald how do u hide a gun with wate of 5 to 8 pounds
we should be focus more on law as to how to comply granted a single person be fool not comply, but if atf came my door they come to door with me with gun in hand, sorry no serch warrent u trustpassing as u arm that makes u a threat to my life
becuase there agests only they have no rights to make laws
i have many times force atf to withdraw changes to there laws. key quision here is how can any one do this,
i dont care what person u right to in goverment all pro gun rep will do any state have web page that was change send them link advise that atf has not rights to change laws, i betting i get atf to withdraw 8 changes this way. we fight them useing the people will work with us,
now sad part. i see gov forceing the people to chose civle war why? give them reason to take our guns. this is mostly all or nothing. law supports the people of usa to remove the goverment that meens to put them down. i am not a fan of this i feel if state is willing to proteck us we fine , what happens when state fails u take out goverment but there cant be no leader no kind control so say no one to target, 100k people or more has right to remove said govement but law dose not permit just kicking them out meens to put them down. what is ramafactions of this idk never been done. what is best choice
i feel best choice is heavly complane to them run state and other rep partys on any changes they make ,
i feel that for now this is best way to stop there atf – “SSS” i also been warn that secreat service now invold in takeing of guns. how i know this is not imported as most never think statement is true..when hitter came to power he set up 6 busness in usa these besness came be done ibm ford wad 3 banks that names escape me be the oldest banks
all these are most welthy in usa they was set up for one reason in event hitter was to fail some point they retry to do this it is called one world order. this was hitter brain child some of u heard of it , they will do anything set up , my consern is them in atf fbi how many are german and can there family be trace back to hitter, mmmmm doing this in cort show bios by any department that if leaders fathers was under hitter who to say weather or not what they beleave. keep one thing in mind. fbi told pres trump no we will not turn over the documents , fbi is not over the presdent and if was me i would rip them apart
i would charge each with treason, this no place for personal openion , again please forgive the spelling if i could learn i would have. law has allways ended with the people and started with the people if we give up that right we forever damage or freedoms we must not fear them we must fight them first throw law and if failes thow laws given to us
lets do pray will never come day we have take life for our freedomes but each of us must be willing to do so .
Once again how is it that my comment must be moderated??? WHAT EVER HAPPENED TO FREEDOM OF SPEECH?????????????
Never In My Life Have I Ever Seen A Time When I Could Say What I Felt, When I Wanted To…… UNITED WE STAND ✊🏿✊🏻 DIVIDED WE FALL‼️
Anything semi automatic is next I bet
Ask Pres. BIDEN….
I have seen our country fall for the last decade of what ATF has been doing, They are no longer a part of the U.S. Gov but their own political Branch of the Government. There is No We The People in the US Government anymore, Its we the Government shall infringe on all your rights .
You are absolutely correct. We are under USA inc. and have been for along time. We need to go back to USA constiturional govt. these goons forget they work for the people and we allow the courts to back them because of their finances. The second amendment is clear and precise. There shouldn’t even be an ATF organizatio. They are their own agency just as the FBI and CIA. They answer to no one and do what they want to do.
The whomever can make all the phony laws or rules they want. Fact of the matter is I will keep whatever arms I have. And so it shall be.
Couple of key words in the article – “interpret” and “regulations” (throw in rule making as well). A regulatory agency that relies on ‘interpreting’ the rules/regulations that they have created is a recipe for confusion on the part of those being affected by those ‘interpreted’ at best and a total disaster at worst. They can – and do – ‘change’ those ‘interpretations’ on a whim of unelected bureaucrats or when convinced to do so by their bosses (bump stocks). Laws come via CONgress, rules and regulations are created by those same unelected bureaucrats. Unfortunately for us mere mortals, those rules and regulations have the force of law.
Can anyone tell me where the Constitution gives authority to bureaucrats to exist? The authority of the Feds is stated in Artical 1, Section 8, of the constitution.
There is no authorization for the Bureau of Land Management, the US Forest Service, Homeland Secutity, ATF, or 95% of the DC Swamp. This is a violation of States Rights.
The purpose for the Feds existance is to protect the sovereign 50 States from Enemies, foreign and domestic, to regulate foreign commerce into and out of the US, and to maintain the Military. These are things the Federation of States cannot efficiently do for themselves.
Each State is a Sovereign Nation (country) by its self. The States created the Federal Government and therefore have a higher authority. Also, all powers given to the Feds are Delegated, NOT GIVEN! That means those powers can be taken back by any state that wants to. “KNOW YOUR CONSTITUTION”.
The Heller decision protected firearms in common use. Does the most popular in sales qualify as in common use
I was thinking about getting a brace for my Uzi Pro since I took it out to the range and could not hit the target once due to such recoil. I hate to throw away my money!
I have never understood, how a legally purchased product, that has been on the market for years, and was approved to be there for years, suddenly be deemed illegal, by a faceless bureaucrat, with a stroke of a pen. Not only anti-Second Amendment, but unconstitutional.
Do not assume either that the federal government will always obey their own laws.
In the 1992 raid on the family of Randy Weaver FBI Director Larry Potts had given orders to shoot any male on sight, regardless of whether he was armed. This is clearly illegal. There is no legal hunting season on males, yet. Potts was never charged. The FBI sniper Lon Horiuchi shot the mother Viki Weaver who was holding her baby in one hand and opening the door to the cabin with her other hand. He was never charged.
Clinton’s gun control agenda led directly to the killing of 76 men, women, and children with his use of bullets and incendiary munitions. Attorney General Janet Reno never even lost her job, and no one was charged within the government, despite the use of military equipment and training being illegal under The Posse Comitatus Act.
Beto O’Rourke–the failed US Senate (Tex) and Democrat presidential candidate–promised: “hell, yes, we are going to take your AR-15, your AK-47.” Then Biden promised: “You’re going to take care of the gun problem with me. You’re going to be the one who leads this effort.” Considering Biden is president, and he has stated he will put Beto in charge to taking away our guns, the many millions of American gun owners must be greatly alarmed.
This so called law may not be legal as it is a bill of attainder which under the constitution is illegal. A bill of a attainder makes something or some act illegal retroactively. Sheila Jacksons resolution HR 127(?) should it pass, would require registration of existing semi-automatic gun with the ATF along with a tax on these guns as well as magazines over ten rounds. Accordingly this proposed bill my run afoul of the FOPA
The other issue is that the current law, The Firearm Owners’ Protection Act of 1986 (FOPA) is a United States federal law that revised many provisions of the Gun Control Act of 1968. As such, FOPA makes it illegal for the national government or any state in the country to keep any sort of database or registry that ties firearms directly to their owner. The exact wording of the provision is as follows:
No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary’s authority to inquire into the disposition of any firearm in the course of a criminal investigation.
Considering the fact that many liberals own guns too this HR127 will either not pass or be revised to render it toothless
What we are mossing is that we already live in a two tier society. Police are there to police us. The elite get to write the rules used against us. There will only be one way out of this as they will use the police to protect their downfall.
So this article said, “my gun is NOT banned, but could be, just saying”? Dumb title guys. You just wanted us to read it? I’ve been following this ATF ban they’ve been working on and thought it was shot down, for now. Then I see this article title and wasted a few minutes of my time reading it.
On a similar subject. I’m from PA and noticed in some catalogs 80% Receiver Kits (e.g., P80s) can not be shipped to PA residents. Also some items like Binary Triggers have some restrictions in other states. Do these appear to be next on the federal chopping block?
I would think that Congress would have to pass a law amending the type of firearms to be unlawful before the ATF enforces any such laws. Of course, when a President has the House & Senate, this would not take but a simple majority to do. The bump stock rule was never challenged (at least that I am aware of) in the federal court system. Although I do not agree with the need for the bump stock, attempting to call this a “machine gun” is a stretch that a good litigator in U.S. District Court could overcome. It is a fact that it takes tenacity and perseverance to overcome an unlawfully stretched government arm.
Law enforcement officers are experiencing this nonsense with LEOSA. Some states, such as New Jersey and Hawaii, would like to place limits and conditions on LEOs in order to carry a firearm in their state with the obvious intent to negate the rights of “qualified” LEOs and retired LEOs. If we allow it, it feeds the beast (men who desire to unconstitutionally control others). Some of us make it clear that “if they want to play, they will have to pay!” It is that simple. What does this mean? This means that when I go to Hawaii, I will NOT check in with anyone to announce that I am carrying my firearm. When they arrest me, I call my insurance carriers, we go to court, we beat them, sue them, and then I can purchase property in Hawaii and build my dream house (not too big, but nice).
Violating one’s Constitutional rights is a serious offense. Our Founding Fathers made this clear and the Bill of Rights was enacted in order to ratify the U.S. Constitution.
Politicians who take an oath to defend and uphold the U.S. Constitution and after entering office attempt to circumvent it are worse than those in organized crime and should either be arrested, or they should be recalled from office or they should be challenged and voted OUT of office. Until people begin to come together and use the system as it was set-up to be used, this nonsense will continue into the years after we have died and are gone. We owe this to our children, great-grandchildren, and beyond.
LEOs will someday retire and they will be in the same boat, with the same paddles, looking at their family in the same way, and finally realizing that they should have done something sooner. It takes time to get LEOs to realize this because we are so idealistic when we take the job, take that oath, and get out there to do our thing.
Those of you who are reading this are non-LEOs and those who are LEOs, please think about what can and then make it happen.
All I ask is that you remember a couple of important rules. First, peaceful means peaceful. Second, learn the rules in your jurisdictions and use them to recall, and challenge those in office who are not doing their job. Third, remember you can protest against such people, but peacefully. Take the example from Martin Luther King, Jr. in the way to protest. Great numbers in peaceful protests move a nation. Violence = LOST MESSAGE.
I hope the reader got the true flavor of this comment. It takes a lot of work to get things back on track. Unfortunately, it takes abusive politicians little time to get things off the tracks.
Let us all stand together, as Americans. Let the politicians know that there are no minorities or majorities, there are only allegiant Americans standing together!
P.S.
Let us all be glad that we have the insurance to protect our rights.
Thanks to U.S. Shield and others.
I agree with J. Cain, “Together we stand, divided we fall!”
So how long before they come after binary triggers and magazines that hold over 30 rounds?
I HOPE US LAW SHIELD WILL BE THERE TO HELP US… THAT BONEHEAD IN THE WHITE HOUSE WANTS TO CLOSE THE NRA.. I TRUST IN GOD, NOT THE WHITE HOUSE.. GOD BLESS US LAW SHIELD..
We aren’t the ones breaking the law. You will do your job