AZ:Governor Brewer Signs Bill Preventing NFA "vetos" by Local Law Enforcement

Gun Watch ^ | 28 April, 2014 | Dean Weingarten

[marktwain]

Use of Silencers is encouraged in Europe Photo Courtesy Gun World

As part of the antiquated and constitutionally questionable National Firearms Act of 1934 (NFA), heads of local law enforcement were required to sign off on the acquisition of tax stamps required to own gun mufflers, short barreled rifles or shotguns, and fully automatic firearms, that were transferred across state lines.

With the Supreme Court firmly in "progressive" hands, the law quickly morphed into a federal requirement that a $200 tax stamp had to be paid, along with requirements for fingerprints and registration for any of the restricted items, whether they crossed state lines or not.  Everyone understood that this was a virtual prohibition/registration system under the disguise of a "tax" in order to give it a faint hint of constitutionality.  Very few tax stamps were purchased.  In 1934, the $200 tax was worth about $4,000 in todays money.

The requirement for local law enforcement approval to allow someone to pay a federal tax shows the insanity of the measure.   It clearly crossed the line of separation of powers between the federal government and the states.

The arrangement continues to exist to this day, long after it has been superseded by technology and Supreme Court rulings on the separation of powers and the second amendment.  

Because of a highly questionable amendment in 1986, the number of automatic firearms available to the general public is frozen, and few transfers of them take place.  The overwhelming majority of NFA tax stamps today are for gun mufflers and short barreled rifles and shotguns.   There is no logical reason to treat any of those items with higher levels of regulation than handguns, which have been recognized as constitutionally protected since the Heller and McDonald decisions.

To legally possess any of these items, a person has to obtain the approval of a local law enforcement chief.   Some chiefs sign the form quickly and easily, some abuse their power, either because of ideology, personal animosity, or fear of liability, and refuse to allow people to pay the federal tax.

Arizona recently followed the example of other states, such as Tennessee, by removing this decision from the chief law enforcement officer, unless the chief could provide  written proof that the applicant was legally prohibited from possessing the items.  From the bill:

...the chief law enforcement officer, within sixty days after receipt of a request for certification by an applicant, shall provide the certification if the applicant is not prohibited by law from receiving the firearm or is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving the firearm.

 Gun mufflers, in the NFA, are referred to as "firearms".  

Governor Brewer signed the bill into law on 23 April, 2014.


 ©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

It never made any sense to put severe restrictions on gun mufflers. The only reason to put severe restrictions on short barrelled rifles and shotguns, was if you were going to place as severe of restrictions on pistols.

[NFHale]

They never needed a reason. It’s always been about control.

NFA34 originally sought to BAN handguns, period. Women’s groups of the day (of all things) freaked, saying “You’ll leave us DEFENSELESS against rapists, etc.”. So that got pulled out, as overreach.

Yeah, I know... go figure!

Different time, with better Americans.

The socialists back then figured NOBODY would cry about automatics getting regulated - Dillinger, Capone, Bonnie and Clyde, Machine Gun Kelly, etc., all contributed to that being rammed through. That was their excuse for getting control of the Thompsons, BARs and other auto weapons back in the day, and they figured sooner or later, they’d get around to the semi-auto stuff as well.

It’s 2014, and they’re still trying.

F*** ‘em.

[marktwain]

NFA34 originally sought to BAN handguns, period.

Pretty close. Originally they were included in the same catagory as machine guns.

[andyk]

NFA, GCA, FOPA, NICS and 4473 suck.

[Amendment10]

Note that Constitution-ignoring socialist FDR was the president who signed the National Firearms bill of 1934 into law. In fact, FDR is regarded by some as the father of gun control.

Franklin Roosevelt: The Father of Gun Control

Also, not only is the 2nd Amendment not a delegation of power to the feds to regulate civilian arms, but I don't know of any constitutional clause that is reasonably interpreted as a delegation of power to the feds to regulate such firearms. So Congress arguably didn't have the constitutional Article I, Section 8 justification to make the National Firearms Act of 1934.

[Organic Panic]

And the streets of Chicago, DC, Bodymore, Detroit, Killidelphia, Birmingham, Watts, have never been safer.

And to show how serious the ATF is about machine guns ask the Branch Davidians. OH, you can’t because the ATF killed them all acting under a hunch that they were making full autos. Only later was the story cooked up, by the ATF and media, that the Davidians were a group of raving lunatic child molesters.

[Pontiac]

The socialists back then figured NOBODY would cry about automatics getting regulated - Dillinger, Capone, Bonnie and Clyde, Machine Gun Kelly, etc., all contributed to that being rammed through.

This was stupid in the day as it is today.

The criminal of that day got their automatics by raiding National Guard Armories.

They didn’t buy them. So the NFA of 1934 just as gun prohibitions of today did nothing to prevent criminals from getting the guns they wanted.

[NFHale]

My friend, you are preaching to the choir...

But go on, because the more it’s said, the more people will do the research, and the more people will learn and come to the right side of things.

“...The criminal of that day got their automatics by raiding National Guard Armories. ..”

You could, however, buy Thompsons easily. They didn’t know WHAT to classify them as - pistols or rifles, initially. Back in the 20s, they were available in gun shops and catalogs.

[Pontiac]

You could, however, buy Thompsons easily. They didn’t know WHAT to classify them as - pistols or rifles, initially. Back in the 20s, they were available in gun shops and catalogs.

One thing I should mention however is that Dillinger preferred a Browning Automatic Rifle which he cut down for ease of concealment and maneuverability.

[NFHale]

RE Dillinger:

Yeah, I’ve seen photos of his weapons collection. That’s one HELL of a chopper...