Archive for July 30th, 2010

July 30th, 2010

As part of the new and revised 1968 National Firearms Act, there was one amnesty where folks could register any NFA weapons. It went from 11/02/68 to 12/01/68, although the paperwork backlog went on for a while after. According to 1995 ATF statistics (the number of firearms ATF reports as having been registered during the Amnesty goes up every year such statistics have been reported, although in 1975 ATF initially reported over 60,000 firearms registered during the Amnesty) 57,216 weapons were registered on Form 4467 (“Registration of Certain Firearms during November of 1968″), which was the amnesty registration form. This would have included weapons newly subject to registration, when they had not been before, like DEWAT’s and destructive devices, as well as contraband firearms that should have been registered before and were not. There was also a registration period after the enacting of the first NFA, from July 26, 1934 up to September 24, 1934. Anyone in possession of an NFA weapon as of the July 26 date was supposed to register it, even if they no longer had it, on Form 1 (Firearms) in duplicate, with the local IRS office. No tax was due. Not really an amnesty though, as the weapons were legal to have before the law was passed, at least under federal law. Some states had prohibited or regulated some NFA weapons before 1934. In fact the Uniform Machinegun Act, which provided for registration of machine guns, adopted in a few states (Conn., Va., Md., Ark., and Montana and possibly others) was developed with the support of the NRA, partly in an attempt to forestall the sort of regulation the feds ultimately adopted in 1934. Before the changes to the NFA in 1968, a Form 1 was for a flat out registration of an existing gun, no tax. A Form 1A was for a tax paid making, in the way we understand a Form 1 now.

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July 30th, 2010

Copyright by James O. Bardwell, 1994, 1995, 1996, 1997. Permission is given to reproduce this document or portions thereof with attribution, for non-commercial, or non-governmental use only. No claim to U.S. statutes or regulations quoted herein. This is accurate, to the best of my knowledge, as of 3/29/97. Nothing written here should be taken as legal advice. If you have a legal problem, you should talk to a lawyer.


The case is something to which you can point a CLEO who claims to refuse to do the signoff because of liability. Incidentally Stephen Halbrook, a leading lawyer in gun rights cases, and a longtime lawyer for the NRA, as well as an author, says in a note in Machine Gun News (3/95) this case is the only instance of a registered machine gun being criminally misused by its registered owner he is aware of. And it was by a police officer.

July 30th, 2010

26 USC sec. 5845(c) “The term ‘rifle’ means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned or made or remade to use the energy of an explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge.

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