Pennsylvania Firearm Owners Association
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  1. #1
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    Default Question about NFA

    Who exactly decides what items do and do not fall under the NFA?

    Is it Congress? Treasury Dept/ATF?

    What's the procedure for adding/removing things?

    Stroke of the pen? Endless argument with hoplophobics in Congress?

    I'm curious about the actual mechanism after listening to the President address NRA.

    TIA

  2. #2
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    Default Re: Question about NFA

    The atf decides if something falls under one of the categories in the nfa there are written descriptions they are supposed to follow but they do what they are told.

  3. #3
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    Default Re: Question about NFA

    So, in theory, the President or Treasury Dept could instruct the BATF to add or delete items without involving Congress, no?

    I'm trying to resolve the President's glad-handing the NRA convention with what power he might have to actually do something if he actually wanted to do so...

    I was sort of hoping there might be some sort of a bureaucratic excuse for how little has actually been done as far as NFA reform.

  4. #4
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    Default Re: Question about NFA

    The ATF has been transferred from the dept of treasury to the Dept of justice. Because of that the US attorney general now oversees the BATF.

  5. #5
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    Default Re: Question about NFA

    Quote Originally Posted by claudel View Post
    So, in theory, the President or Treasury Dept could instruct the BATF to add or delete items without involving Congress, no?

    I'm trying to resolve the President's glad-handing the NRA convention with what power he might have to actually do something if he actually wanted to do so...

    I was sort of hoping there might be some sort of a bureaucratic excuse for how little has actually been done as far as NFA reform.
    Kind of, like making bumpstocks into machineguns, or some 12ga are destructive devices. But they aren't going to be able to remove silencers or sbrs from the nfa without a law change.

  6. #6
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    Default Re: Question about NFA

    Quote Originally Posted by eagleclaw View Post
    The ATF has been transferred from the dept of treasury to the Dept of justice. Because of that the US attorney general now oversees the BATF.
    Thanks.

    I forgot about that.



    Quote Originally Posted by USMC3531 View Post
    Kind of, like making bumpstocks into machineguns, or some 12ga are destructive devices. But they aren't going to be able to remove silencers or sbrs from the nfa without a law change.
    Are you certain about the "law change" part?

    That's the part I'm not getting any solid info about.

    All I've read says that the bureaucrats can add/remove any items without involving Congress.

  7. #7
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    Default Re: Question about NFA

    Quote Originally Posted by claudel View Post
    Thanks.

    I forgot about that.





    Are you certain about the "law change" part?

    That's the part I'm not getting any solid info about.

    All I've read says that the bureaucrats can add/remove any items without involving Congress.
    Just my opinion without doing a lot of research to back anything up.

    NFA was a legislative act of Congress signed into law in ~1934 which defined the items which were to be controlled by it- Machine guns, silencers, SBR/SBS, AOW are the only categories that I can think of.


    The ATF's only responsibility here is to determine if items fall into one of those categories. They can not add to or remove any of those categories

  8. #8
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    Default Re: Question about NFA

    Quote Originally Posted by ExFlyinguy View Post
    Just my opinion without doing a lot of research to back anything up.

    NFA was a legislative act of Congress signed into law in ~1934 which defined the items which were to be controlled by it- Machine guns, silencers, SBR/SBS, AOW are the only categories that I can think of.


    The ATF's only responsibility here is to determine if items fall into one of those categories. They can not add to or remove any of those categories

    This pretty much sums it up. Add DD, destructive devices and you have it. Keep in mind that a law change removing let's say silencers and machineguns from the NFA would make them illegal in PA and 16 other states. They are actually illegal now but can be possessed due to an exception in our prohibited offensive weapons law.

    Bob D

  9. #9
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    Default Re: Question about NFA

    Quote Originally Posted by claudel View Post
    Thanks.

    I forgot about that.





    Are you certain about the "law change" part?

    That's the part I'm not getting any solid info about.

    All I've read says that the bureaucrats can add/remove any items without involving Congress.
    They can determine if something falls into one of the categories but they cant get rid of the category without a law change is my point.

  10. #10
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    Default Re: Question about NFA

    Quote Originally Posted by USMC3531 View Post
    They can determine if something falls into one of the categories but they cant get rid of the category without a law change is my point.
    Makes sense.

    Thanks again

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