THE NATIONAL ACT AND ASSAULT WEAPONS

HISTORY OF THE NATIONAL FIREARMS ACT1 1934: The (NFA) was originally enacted in 1934, after Congress saw the deadly role certain firearms played in crime. The NFA created a tax on the manufacture, sale, and transfer of certain firearms and required registration of these firearms. The transfer tax was $200, the same amount it is today. The original NFA regulated firearms included and rifles with barrels less than 18 inches, machine guns, mufflers, and silencers. The NFA legislation was supported by the National Rifle Association in 1934.

1968: Title II of the updated the NFA to ban importation of machine guns.

1986: The NFA was again expanded in 1986 when Congress banned the manufacture of machine guns for civilian use.

WHAT IS REGULATED UNDER THE NFA TODAY?2 ● Short-barreled (a shotgun having a barrel or barrels of less than 18 inches in length or a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length) ● Short-barreled rifle (a rifle having a barrel or barrels of less than 16 inches in length or a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length) ● Machinegun ● ● (includes explosives, missiles, poison gases, launches, among others) ● Any other weapon (Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive; a pistol or revolver with a smooth bore designed or redesigned barrel to fire a fixed shotgun shell; weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading; any weapon which may be readily restored to fire.)

csgv.org Coalition to Stop Gun Violence September 2019

CAN YOU BUY A FULLY AUTOMATIC TODAY?3 Yes, it is possible to legally purchase a fully automatic machine gun that was manufactured before 1986. However, there is an extensive process a person must go through: ● Pay the ATF a transfer tax ○ The tax is $200 for the transfer of any firearm except a firearm classified as an “any other weapon” which is $5. ● Submit the “Application for Tax Paid Transfer and Registration of Firearm” to the ATF and local law enforcement ○ The form requires: ■ Two passport style photographs ■ Fingerprint ■ Complete description of firearm ● Pass an extensive background check A person must then receive the approval from the ATF, which can take up to one year, and the firearm must be registered.

GRANDFATHERED ASSAULT WEAPONS SHOULD BE CLASSIFIED AS CLASS III ITEMS UNDER NFA After banning the import and manufacture of assault weapons, grandfathered assault weapons (assault weapons currently in circulation) should be classified as Class III items under the National Firearms Act and regulated by the ATF. This would follow the same constitutional process as machine guns, which have been regulated by the federal government since 1934.

All currently owned assault weapons would have to be registered with the ATF and any new transfers of currently owned assault weapons would go through the robust NFA process, in which there would be a record of sale. The ATF would know who possesses grandfathered assault weapons, and they would have the owner’s photo, fingerprints, and other information, just as they do with machine gun owners today.

1 https://www.atf.gov/rules-and-regulations/national-firearms-act 2 https://www.atf.gov/firearms/qa/which-firearms-are-regulated-under-nfa 3 https://www.atf.gov/firearms/docs/form/form-4-application-tax-paid-transfer-and-registration-firearm-atf-form- 53204/download csgv.org Coalition to Stop Gun Violence September 2019