i know people can still get them if they pay a special tax, register and are willing to shuck out big dollars for one. But why did the federal government put all those infringements in the way of people bearing Thompson sub machine guns and other weapons withma fully automatic firing system? How has that infringement held up against court challenges all these years?
Firearm Owners Protection Act - Wikipedia
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 firearmsowned 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 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 New Automatic FirearmsEdit
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]
District of Columbia v.
Heller, 554 U.S. 570 (
2008), is a landmark case in which the Supreme Court of the United States held that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia for traditionally lawful purposes, such as self-defense within the home, and ...
District of Columbia v. Heller - Wikipedia