2015-06-07

Firearms Laws

I loaned my copy of the ATF law book to my trust lawyer, and I realized I wanted to look up something.  Oops.  Well, it turns out that the guide is available in PDF, but picking out the individual constituent documents is useful too.

According to the National Archives, when a bill is signed into law, it's assigned a Public Law number, published as a Slip Law, and is included in the next Statutes at Large.

National Firearms Act of 1934 (NFA34, Title II) [Wikipedia]
Public Law 73-474
Statutes at Large 48 Stat. 1236 [legislink]
26 USC 53 [GPO]
27 CFR 479 [GPO]

Destructive Devices weren't included in the text of the NFA, only MGs, SBRs, SBSes, and AOWs.  The SCOTUS case Haynes v. U.S. [Wikipedia] [Justia] essentially said that a person couldn't be compelled to register an NFA item because it could be incriminating based on the 5th Amendment, but this was remedied by the passage of GCA68.  (The case was decided Jan. 29, 1968, and GCA68 was passed Oct. 22, 1968.)  The effects of GCA68 on NFA34 are described in a document from the ATF.

Amusingly, the other legal challenge to NFA34, U.S. v. Miller [Wikipedia] [Justia] [LII] [rkba.org], was predicated on that a sawed-off shotgun isn't a militia weapon, and therefore wasn't protected under the 2nd Amendment.  This was patently false, since SBS "trench guns" were in fact used in World War I; unfortunately, the defendant didn't show up, due to being deceased, and the assertion was uncontested.  However, GCA68 reversed that line of assertion, in proclaiming that items without a sporting use are not protected.

Gun Control Act of 1968 (GCA68, Title I) [Wikipedia] [GPO]
Public Law 90-618
Statutes at Large 82 Stat. 1213-2 [legislink]
18 USC 44 [GPO]
27 CFR 478 [GPO]

The Omnibus Crime Control and Safe Streets Act of 1968 [Wikipedia] slightly predates GCA68, and prohibited inter-state trade in handguns.


The Wikipedia list of gun laws in the U.S. shows a bunch of other legal noise, too.

ATF NFA FAQ
Bardwell's NFA FAQ

Re the Pittman-Robertson Wildlife Restoration Act of 1937 that imposed an excise tax on firearms and ammunition: CRS 7-5700.

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