Rep. Eric Burlison (R-MO) has introduced a new bill to repeal the National Firearms Act of 1934 (NFA).
The NFA was passed in 1934 to regulate certain firearms. These firearms include machine guns, suppressors, short-barreled rifles (SBR), short-barreled shotguns (SBS), and any other weapons (AOW). The regulation requires registration with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and paying for a tax stamp. These tax stamps cost $200, except for the transfer of an AOW. The AOW fee is $5.
The NFA’s original intent was to regulate handguns heavily. Because Congress thought people would use an SBR or SBS as a loophole to get around the proposed regulations, they added those items to the NFA. The proposed handgun provisions were removed during the debates and negotiations in Congress, but the restrictions on rifles and shotguns were left in the bill. In 1986, the Hughes Amendment to the Gun Owners Protection Act (GOPA) closed the Machine Gun registry for any new machine guns for private transfers.
Many gun owners hoped the courts would abolish the NFA. In 1943, the Supreme Court said in Murdock vs. Pennsylvania that a government could not directly tax a right. Many believe the $200 tax on NFA items directly taxes the constitutionally protected right to keep and bear arms. The courts have hesitated to rule the NFA unconstitutional, and there is no sign that the court’s reluctance will change anything soon.
The bill’s goal is admirable, but it is not perfect. Some states have laws banning NFA items automatically if the NFA is repealed. One of these is Florida. Florida makes all short-barreled rifles, short-barreled shotguns, and machine guns illegal unless owned under provisions of federal law. Removing the NFA without addressing those state laws could cost Americans their rights.
790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.—
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.
(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.
The bill does not have a great chance of passing. The Republicans have control of the House of Representatives but need almost all Republicans to vote to advance the bill. No Democrats are expected to back the repeal of the NFA, and some Republicans are hostile to the bill. Brian Fitzpatrick (R-PA) has backed gun control in the House and has been endorsed by Giffords and Everytown for Gun Safety. He is expected to oppose the bill.
If the bill somehow makes it through the House, it will hit a roadblock in the Senate. Republicans have the majority in the Senate, but they do not have a super majority, and Democrats could use the filibuster to block the bill’s passage. It is unlikely any Democrats would cross the aisle to vote to repeal the NFA.
Although this bill appears doomed, gun owners should rejoice that pro-gun bills are being introduced in this session of Congress. In addition to this bill, we have seen other bills that would abolish the ATF, deregulate suppressors, and create national reciprocity for concealed carry. For the past four years, gun owners have had to play defense. Now, pro-gun politicians are on the offense.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
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