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If this just helps one member better understand the laws it will be well worth it. Too often people make bad choices out of a lack of knowledge. Most violations that are used to condemn the law abiding firearm community are committed by people who just do not know, this will help point them in a positive direction where to get more informed.
the national firearms act of 1934 (nfa 34): this law placed certain classes of firearms into a registered ownership category. Private individuals can possess a functional machine gun, silencer (suppressor), short-barreled rifle or shotgun, smooth-bore pistol, cane gun, or destructive device (certain shotguns, grenade launchers, hand grenades, bazookas, mortars, cannon, etc.) only after first paying a federal transfer tax of either $5 or $200 per firearm/device. The $5 tax applies to pen guns, cane guns, smoothbore pistols, or any other such firearm that the bureau of alcohol, tobacco, firearms, and explosives (batfe) classifies as "any other weapon" (aow). All other functional guns or devices in the nfa registry require payment of a $200 federal tax for each private transfer. The tax is not an annual tax. It only is paid each time a functional nfa firearm is being transferred to or from a private owner (excepting inheritance).
the gun control act of 1968 (gca 68): largely modeled after the 1938 gun control act of nazi germany, a section of this law updated the national firearms act of 1934 (nfa 34) by restricting the transfer of newly imported machine guns to the military, law enforcement, and certain special occupational tax (sot) payers. In addition, a short moratorium was provided before the law went into effect, to allow unregistered machine guns and other nfa firearms already in private hands, to be added to the federal registry without penalty.
the gun owners protection act of 1986 (gopa 86): a somewhat vague statement was added to this bill that has been interpreted by the bureau of alcohol, tobacco, firearms and explosives (batfe) and some federal courts to mean no machine guns registered after enactment (may 19, 1986) can be built and sold to private individuals. Batfe further concluded that special occupational tax (sot) payers cannot receive "post-may" guns without first presenting a letter from a qualifying government agency that has requested to see the firearm. These rulings do not apply to other types of national firearms act (nfa) firearms. Transfers to government agencies having law enforcement or military functions are allowed. Sot payers who are also licensed as manufacturers are allowed to produce machine guns from scratch, from kits, or by means of conversion. They cannot transfer them to private individuals. They can be transferred to other sot payers or government agencies only as described above. Post-may 19th guns cannot be retained by a sot payer who fails to renew his sot annually.
the violent crime control and law enforcement act of 1994 (vcclea 94): this law sunset on 30 sep 04 and no longer applies. This law banned the public sale of new detachable magazines with more than a ten round capacity, and invented a new term - assault weapon, the future manufacture of which were also banned from public sale. Note, the law applies only to firearms manufactured after enactment of the law. Specifically, it limits certain features on certain types of firearms. Semiautomatic rifles with detachable magazines may possess no more than one of the following features: Pistol grip protruding conspicuously beneath the action, telescoping or folding stock, threaded barrel designed to accommodate a flash suppressor, flash suppressor (not to be confused with a muzzle brake), grenade launcher, bayonet mount. Semiautomatic pistols with detachable magazines may possess no more than one of the following features: Magazine that attaches outside the pistol grip, threaded barrel, shrouded barrel, unloaded weight of 50 ounces or more, a semiautomatic version of an automatic firearm. Semiautomatic shotguns may possess no more than one of the following features: Folding or telescoping stock, pistol grip that protrudes conspicuously below the action, fixed magazine capacity over five rounds, ability to accept detachable magazines.
state laws and local ordinances: most states allow ownership of at least some types of national firearms act (nfa) firearms, but at least eleven states (and perhaps some local municipalities) have statutes or ordinances that restrict or ban ownership. These restrictions may vary from requiring a state permit to outright denial. These states include california, hawaii, illinois, iowa, maine, michigan, mississippi, new jersey, new york, and rhode island. At least one state, washington, allows ownership of suppressors but does not allow their use! If you are uncertain of the laws in your area, contact your state or national gun rights organization for help. They likely will know more about your local firearms laws than anybody else.
where to find nfa firearms: a private citizen can acquire national firearms act (nfa) firearms from other private individuals or dealers in his own state so long as there are no state laws restricting ownership. Most states (40 at our last count) allow private ownership of at least some nfas, but if you have any questions, e-mail us and we'll let you know. Regular gun dealers, sot payers, military organizations, and law enforcement agencies can acquire nfa firearms from sources in any state, i.e., manufacturers, dealers, private collectors, or government agencies. Confiscated firearms may be retained or acquired by state or local government agencies, with the approval of the bureau of alcohol, tobacco, firearms and explosives (batfe).
private transfers: a private citizen can acquire functional national firearms act (nfa) firearms from private collections in his own state, provided he first pays the applicable nfa transfer tax (form 4) on each firearm and receives prior approval from the bureau of alcohol, tobacco, firearms and explosives (batfe). The form 4 requires payment of the applicable federal transfer tax. Unless filing as an estate (trust) or corporation, the applicant also must provide recent photographs, fingerprint cards, and a law enforcement endorsement. If a firearm is nonfunctional and registered as a dewat (deactivated war trophy), the tax is not due, but a form 5 must be filed and approved before taking receipt of the nfa firearm. The form 5 also requires a law enforcement endorsement, fingerprint cards, and photographs. If a private citizen is receiving any nfa firearm as the lawful heir of an estate, the tax exempt form 5 is submitted along with fingerprint cards and photographs, but the law enforcement endorsement is not required. Inherited firearms can be shipped to a lawful heir residing in another state if the receiving state allows private ownership of the particular type of nfa. The heir cannot take receipt of the firearm until the form 5 is approved by batfe.
government agency transfers: there are no federal prohibitions on any type of government entity acquiring most national firearms act (nfa) firearms, including many destructive devices. Some states prohibit law enforcement agencies from possessing certain types of nfa firearms or destructive devices. All government agencies are exempt from paying federal transfer taxes or federal excise taxes. In most cases, machine guns and other nfa weapons can be imported, purchased off-the-shelf, or custom manufactured specifically for any authorized government agency by using the tax exempt form 5. Seized or confiscated firearms can be retained by state and local law enforcement agencies, but they must be registered with batfe on a form 10. Federal agencies are exempt from the registration requirement. Excluding direct military contracts with licensed manufacturers, all other transfers to government agencies, including law enforcement agencies, must first be approved by batfe. All foreign transfers require state department approval.
sot dealer transfers: the special occupational tax (sot) is an annual fee paid to the u.s. Treasury department by dealers, manufacturers, or importers of certain products including alcohol, tobacco, and firearms. In the case of firearms, the sot is broken down between national firearms act (nfa) dealers, manufacturers, and importers (a separate sot applies to destructive devices). For our purposes the term "sot payer" refers to any currently licensed gun dealer, manufacturer, or importer who also has paid the sot for dealing in nfa firearms. Sot payers have the advantage of being able to transfer tax exempt, functional nfa firearms to other sot payers and government agencies, with the prior approval of the bureau of alcohol, tobacco, firearms and explosives (batfe). Sot payers also can acquire registered nfa firearms from any regular gun dealer or private citizen, but only after paying the applicable transfer tax and receiving batfe approval. Sot payers can transfer certain functional nfa firearms to in-state residents and to both in-state and out-of-state regular gun dealers, but only after they have paid the appropriate transfer tax and received approval from batfe.