General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe most EFFECTIVE gun legislation is something that can become law.
My favorite idea that's based in reality... not the land of unicorns and rainbows is...
Broadening the NFA to include a class of arms we commonly call "Assault Weapons"
I know a lot of well meaning people think that blanket gun bans, ammo restrictions and confiscation can happen... they can't. At least not with THIS Constitution, Courts or Legislature.
Gun legislation that stands no chance of becoming law or is likely to be struck down by High Courts is called Legislative Masturbation.
So what's the NFA?
The National Firearms Act of 1934 was the FIRST meaningful gun regulation since the founding of the country. Basically... it made the acquisition of several classes of "dangerous" firearms more difficult by requiring a formal application with identification, a background check and the payment of a "Tax Stamp".
The NFA has been successfully amended at least TWICE, in 1968 and 1986.
The NFA covers:
Machine Guns
Suppressors
Short Barreled Rifles (barrel length under 16" )
Short Barreled Shotguns
Destructive Devices
Any other weapons (AOW)
The key to obtaining one of these weapons TODAY is you need to fill out an application to the ATF. There are different applications for building your own firearm, for buying one new, transferring one or importing one.
As an example, let's say someone wants to buy a SBR, a short barreled rifle, like this:
One must fill out an ATF NFA Form 4 application. This will require a $200 payment, photographs, finger prints and the approval process takes ~10 months... they do an ACTUAL background check.
NFA laws are stringent... you can't leave the guns stored at someone's home if that person doesn't have a FFL.
They're commonly stored in safety deposit boxes if the owner can't supervise them.
Now the suggestion:
Amend the NFA again... to re-classify ALL firearms that we now commonly call "Assault Rifles" as NFA firearms.
It would immediately END all over the counter sales with dealers selling guns but not transferring them until the ATF NFA application was approved in approximately 10 months.
Two, since the possession of NFA firearm without a Tax Stamp is a Federal crime, ALL Assault Rifle owners would be required to apply for a Tax Stamp by sending $200, photographs, fingerprints and wait the 10+ months... give them a window to become compliant... maybe 24 months.
Just an FYI...
Since 1934 the number of murders committed with a NFA registered firearm is less than 5... some sources say it's 2.
In 88 years.
Thoughts?
ripcord
(5,084 posts)WarGamer
(12,106 posts)Calista241
(5,584 posts)So basically, 50 million rifles out there will continue to be legal, but they'll need to be stamped and registered. You might have some issues with banning / restricting firearms currently in 'common usage', the standard from the Heller opinion.
And you'll have to speed up the 10 month background check thing, as it'll be simply impossible to process that many background checks over that length of time for it to be effective. People would grow old and die before we got around to giving them a background check.
Anyone that owns a bunch of AR's and AK's that they're willing to part with will be sitting on mountains of money once the bill goes into effect. You'll also get into the definition of assault rifle arguments with everyone.
WarGamer
(12,106 posts)ultralite001
(891 posts)Who, of the powers that be, can we get onboard???
WarGamer
(12,106 posts)But I think SCOTUS would be OK with it as they've had no previous issues with the NFA.
So getting it through the House is e-z.
For the Senate... it's Manchin, Sinema, pulling as many GOP'ers as possible and if short of 60, make a one-time filibuster carve-out.
Not easy... but there is a pathway.
PoliticAverse
(26,366 posts)WarGamer
(12,106 posts)The 1994 AWB was unclear.
I'd go broad. ALL semi-automatic rifles would be considered Assault Rifles UNLESS the following conditions were met:
Barrel length 22"+
Fixed non-removable magazine with capacity 5 or less rounds.
Traditional stock
And of course no flash hider, bayo lug, rails or foregrip