National Firearms Act (NFA)
The National Firearms Act (NFA), enacted on June 26, 1934, is a piece of legislation in the United States that imposes a tax on the manufacturing, sale, and transfer of certain types of firearms and accessories. Here is a detailed overview:
Background and History
- Enactment: The NFA was passed by Congress as part of the Internal Revenue Code, primarily as a response to the gang violence of the Prohibition era, where machine guns and sawed-off shotguns were often used.
- Purpose: The act aimed to regulate and tax the sale and manufacture of certain firearms to curb their criminal use without infringing on the rights of law-abiding citizens.
- Key Figures: The NFA was signed into law by President Franklin D. Roosevelt.
Provisions of the NFA
- Regulated Firearms: The act covers:
- Machine guns
- Short-barreled rifles and shotguns
- Suppressors (often mistakenly called "silencers")
- Destructive devices
- Any other weapons (AOW) like disguised firearms
- Taxation and Registration: Owners of these firearms must pay a $200 tax stamp, which was significant at the time, for each transfer or manufacture. This tax has not been adjusted for inflation since 1934.
- Registration: Owners are required to register their firearms with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
- Transfer Process: Transfers of NFA firearms require approval from the ATF, involving a background check, fingerprints, and a waiting period.
Legal Challenges and Amendments
- Supreme Court: The NFA was upheld by the Supreme Court in the case of United States v. Miller (1939), where the court ruled that the act did not violate the Second Amendment.
- Amendments: The Gun Control Act of 1968 expanded upon the NFA by adding more regulatory measures, including licensing requirements for dealers and age restrictions.
Impact and Controversy
- Public Perception: The NFA has been a point of contention, with debates over the balance between public safety and Second Amendment rights.
- Enforcement: Over the years, enforcement of the NFA has been inconsistent, with varying degrees of regulation at the state level.
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