Question about NFA

[claudel]

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

[USMC3531]

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.

[claudel]

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.

[eagleclaw]

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.

[USMC3531]

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.

[claudel]

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.

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.

[ExFlyinguy]

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

[USMC3531]

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.

[Wildbill990]

... and nothing in the NFA would permit their possession. As I see it, without the NFA exception the PA law applies. It would be interesting for sure.

Bob D

PA is not the only state with this predicament. Afew other states I recall have similar wording of their laws. I do remember when the HPA was gaining steam, one or two states drafted bills to deal w suppressors if they became non NFA items as to avoid owners of said NFA items prior to become instant criminals if HPA passed. PA was not one of those states that took such action however.

[JG93]

May be off topic, but I have been thinking a lot about NFA items.

I buy too many guns, but have yet to go the NFA route. I ALMOST did last week. Then after a little research, I decided I didn't want Daddy Government overseeing me anymore than they already do.

For me to move, I have to ask to transfer my firearm?
For it to go out of state, also have to ask?
Are those the only nutty stipulations?

What about, since they're registered, and if for some reason, they were no longer legal, does Daddy ATF come knocking asking for me to hand em' over?
I thought about form 1'ing and playing that game while I wait on a 4 for a silencer, but I do not know, if I want to dance with the devil just yet.

Anyone have any info/websites that speak in English about this? I read the sticky here, about how to (As much as I could).