request info re: weapon ban on machine guns

Charley

New member
I am currently writing an editorial in response to an anti-gun editorial in my local paper. I am making the point that many Americans think that "assault" weapons are Al-Capone-like machine guns and I want to reference the law that already outlaws such firearms. Can anyone tell me where to go to get the correct date and title of this law? Thanks.
 

gifted

New member
Do a search on here to bring up countless threads on it, but the laws you want are the NFA of '34, GCA of '68 or so, and there's a couple of others in the eighties.
 

Hkmp5sd

New member
The law that banned new machineguns is the '86 Firearm Owners Protection Act.

§ 922. Unlawful acts

(o)(1) Except as provided in paragraph (2), it shall be unlawful for anyperson to transfer or possess a machinegun.
(2) This subsection does not apply with respect to --
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

The law governing pre-86 machineguns is 27 C.F.R. Part 179.

Both can be found in ATF P 5300.4 - Federal Firearms Regulations Reference Guide 2000 (1/00).
 

Handy

Moderator
Not only were there previous bans, but those bans didn't prevent ownership with a special license. On the other hand, the AWB did nothing to affect any of those machineguns. Completely unrelated.
 

Danindetroit

New member
Firearms laws

I think the NRA might have all the laws and what they did. I think in 1934 the law banned machineguns, sawed off shotguns(barrells under 18 inches). In 1965 and 1968 was the laws banning mail ordersales of guns and made companies put serial #'s on guns. The first president Bush Outlawed importing certain foreighn made weapons and some military weapons that were easily converted back to full-auto. As far as I know most Former pres Bush's guns that were banned made design changes that made it virtually impossible to change them back to selectfire versions by using different bolts and they are now mad in USA.
 

Hkmp5sd

New member
The 1934 NFA required paying a tax on assorted weapons, including machineguns. Didn't ban them.

The 1968 GCA was the one prohibiting sales across state lines by nonlicensees.

The 1986 FOPA banned the registration of new machineguns for civilian use. Under their logic, since they won't let you pay the tax and register it, it remains an unregistered machinegun and thus illegal to possess.

The Bush 1989 import banned prohibited firearms ATF didn't consider "sporting". Nothing to do with "easily convertible."
 

Tamara

Moderator Emeritus
The first president Bush Outlawed importing certain foreighn made weapons and some military weapons that were easily converted back to full-auto. As far as I know most Former pres Bush's guns that were banned made design changes that made it virtually impossible to change them back to selectfire versions by using different bolts and they are now mad in USA.

It sounds like you may be confusing the Bush EO-driven redefinition of "Sporting Purposes" for importation, and the early '80s ATF crackdown on open-bolt semiauto designs.
 

Charley

New member
Thanks for the info

Thanks for all of your help. I started digging, and yes, there is a wealth of info on this site and others. Finished my editorial, stuck it in the mail...now just waiting to see if the paper will actually publish it.
 

mvpel

New member
One of the federal district courts, I think the Ninth if I'm not mistaken, has ruled that a home-built machine gun fabricated from raw materials such as metal tubing does not fall under the prohibitions in Federal law because it is not "in or affecting interstate commerce."
 
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