Firearm Owners Protection Act
The Firearm Owners Protection Act (FOPA), also known as the McClure-Volkmer Act, was enacted on May 19, 1986, as an amendment to the Gun Control Act of 1968. This legislation aimed to address perceived overreach by federal agencies in the regulation of firearms, while also protecting the rights of law-abiding gun owners.
Key Provisions
- Interstate Transportation of Firearms: FOPA allows individuals to transport firearms between states, provided the firearms are unloaded and secured in a locked container not readily accessible to anyone in the vehicle. This was intended to protect travelers who legally owned firearms from being prosecuted for possessing them during travel through states with more stringent gun laws.
- Firearm Dealer Regulations: It relaxed some of the regulations on firearm dealers by limiting federal inspections to one per year without a warrant and restricting the application of record-keeping requirements to dealers with willful violations.
- Ban on Machine Guns: A significant aspect of FOPA was the prohibition on the manufacture and importation of new machine guns for civilian use, although those produced before the enactment could still be legally transferred under certain conditions.
- Protection for Private Transactions: The Act clarified that private sales of firearms, where neither party is a licensed dealer, do not require background checks or recordkeeping, provided the transaction does not involve interstate commerce.
Historical Context and Legislative Journey
The push for FOPA was largely driven by concerns over what was seen as an overly aggressive enforcement of gun laws by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Critics argued that the ATF's enforcement tactics infringed on Second Amendment rights. Here are some key points in the legislative history:
- 1977: The National Rifle Association (NRA) started a concerted effort to revise the Gun Control Act of 1968, leading to several bills being introduced over the years.
- 1985-1986: After extensive debate, the bill was passed in the Senate with amendments by Senators James McClure and Harold Volkmer, hence the alternative name.
- May 19, 1986: President Ronald Reagan signed the bill into law, despite some concerns about the machine gun ban.
Impact and Controversy
FOPA has had a lasting impact on gun laws in the United States:
- Legal Challenges: The law has faced numerous legal challenges, particularly around the interpretation of what constitutes "readily accessible" in terms of transporting firearms.
- Gun Control Debate: The Act has been a focal point in the ongoing debate over gun control, with supporters arguing it protects Second Amendment rights, while opponents claim it has facilitated the illegal transfer of firearms.
- Subsequent Legislation: FOPA has influenced subsequent laws like the Brady Handgun Violence Prevention Act, which introduced background checks for firearm purchases from licensed dealers.
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