McCrystal Shoots Off His Mouth Again: We Should Look at Banning Weapons that are Already Banned

Sorry, the author is wrong. Automatic weapons are not banned. They only require a tax stamp to possess. It does not do our side any favors if we accuse others of being ignorant of gun laws and then we show ignorance ourselves.

And you are somewhere between right and wrong. You are correct in that the 1934 NFA did NOT ban machine guns. It created the ATF which established rules for issuing $200 excise tax stamps and a process requiring you to file a completed ATF Form 4 which entails background checks, fingerprints, mugshots, and a sign off by the chief law enforcement officer in your county/parish. Here is a copy for you to read, filling it out is like a "Kabuki Dance".
http://www.atf.gov/forms/download/atf-f-5320-4.pdf

It has been unlawful since 1934 (The National Firearms Act) for civilians to own machine guns without special permission from the U.S. Treasury Department (old news, ATF is now under DOJ). Machine guns are subject to a $200 tax every time their ownership changes from one federally registered owner to another, and each new weapon is subject to a manufacturing tax when it is made, and it must be registered with the Bureau of Alcohol Tobacco and Firearms and Explosives (ATF) in its National Firearms Registry.

To become a registered owner, a complete FBI background investigation is conducted, checking for any criminal history or tendencies toward violence, and an application must be submitted to the ATF including two sets of fingerprints, a recent photo, a sworn affidavit that transfer of the NFA firearm is of "reasonable necessity," and that sale to and possession of the weapon by the applicant "would be consistent with public safety." The application form also requires the signature of a chief law enforcement officer with jurisdiction in the applicant's residence.

Here is where you really went astray. Firearms Owners' Protection Act of May 19,1986 has banned the sale of fully automatic weapons produced AFTER that date. The effect of this law is to limit the total number of machine guns available to "collectors" to a finite number, those produced before 19 May 1986. Thus M-16s and M-4 carbines produced before that date are NFA legal to sell under the procedures established by the NFA of 1934. Being that there are a fixed quantity and an increasing supply of dollars chasing these items, the price is very high and continues to rise. Pre '86 ban machine guns are now considered an investment. M-16s in this category are going for $17,000.00 to $20,000.00. Anything produced since the ban is not an NFA item and not available to civilians.

Since the Firearms Owners' Protection Act of May 19, 1986, ownership of newly manufactured machine guns has been prohibited to civilians. Machine guns which were manufactured prior to the Act's passage are regulated under the National Firearms Act, but those manufactured after the ban cannot ordinarily be sold to or owned by civilians.

(Sources: talk.politics.guns FAQ, part 2, "FAQ on National Firearms Act Weapons", and from the Bureau of Alcohol, Tobacco, and Firearms,and Explosives (ATF) National Firearms Act FAQ. See also, "The Firearms Owners' Protection Act: A Historical and Legal Perspective" [Hardy, 1986]) )

Regards,
GtG

PS This particularly twisted piece of legislation applies only to fully automatic weapons. Short barreled rifles and shotguns, suppressors, "destructive devices" (bore greater than 0.50"), and "any other weapon" (catch all category for things like cane guns, palm guns, pen guns, pipe (smoking) guns, holsters that let you fire the enclosed pistol w/o removing it, &c, &c.) These appear to be legitimate NFA items that do not fall under the 1986 ban. They still require an excise tax stamp ($200.00 for all except "any other...", $5.00 for that one) and they require that you file a completed ATF Form 4 with fingerprints, mugshot, and signoff from chief LEO and your NFA Dealer. Lots of ATF rules apply to how and where you can travel with your NFA item. Don't plan on taking it across State lines w/o telling ATF first. You must tell them if you move your place of residence. There all sorts of niggling little details that you must observe when the owner of a NFA item, screw up and forfeit your new toy, pay a fine and face a possible felony conviction.

You are forgetting that you can manufacture you own firearms including M4s. You cant sell them or transport them across state lines but you can make them for yourself.

Yes you can manufacture your own firearm but the 1986 ban prevents you from "manufacturing" an M-4 full auto. See my post 42. If you do attempt to build a semi-auto only M-4 keep the barrel length 16" or greater lest you inadvertently build a "short barreled rifle" which is an NFA item and gets you are in trouble DEEP. Owning both a short barrel and a legal-length rifle could be construed as intent to build an illegal, unregistered SBR.
http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html

ATF has volumes of information available regarding NFA items, it's best to read up on this stuff before you venture forth.

Regards,
GtG

Here is where you really went astray. Firearms Owners' Protection Act of May 19,1986 has banned the sale of fully automatic weapons produced AFTER that date. I have never said anything that was in opposition to the above statement. I did say (and correctly so) that a person can self make a NON-TRANSFERABLE machine gun (still subject to ATF form 2, tax stamp, etc).

If I'm reading you correctly, you assert that you can build a one off machine gun by filing an ATF Form 2, paying the Special (Occupational) Tax which is required by the NFA to be paid by a Federal firearms licensee engaged in the business of manufacturing, importing, or dealing in NFA firearms.

It appears that in order to correctly file the Form 2 you are going to need an FFL as a manufacturer of class III items.

In short you are going to become a licensed manufacturer of firearms to produce one gun which you can not sell? When you've invested that much you may as well open a business and go pro!

Take a look at form 1, it seems more to be what you need for this hypothetical one off project.

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