Category Archives: Laws

Firearm Owners Protection Act

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1986

The Firearm Owners Protection Act (FOPA) is a federal law in the United States that was signed into law by President Ronald Reagan on May 19, 1986. The law made a number of changes to existing firearms laws and regulations, including restrictions on the sale and transfer of firearms, and was designed to protect the rights of gun owners while also strengthening law enforcement efforts to combat gun-related crime.

  • Effective May 19, 1986 
  • prohibiting a national registry of dealer records
  • limiting ATF inspections to once per year
  • allowing licensed dealers to sell firearms at “gun shows”
  • removed regulations on the sale and transfer of ammunition
  • prohibited civilian ownership or transfer of machine guns made after May 19, 1986
  • redefined “silencer” to include parts intended to make silencers ?

Key players, dates, and effects associated with the origin and history of FOPA:

  • Key Players involved in the the Firearm Owners Protection Act (FOPA):

    • National Rifle Association (NRA)
    • Gun Owners of America (GOA)
    • Reagan Administration
    • Congress

  • History of the Firearm Owners Protection Act (FOPA)

    • 1968: The Gun Control Act was signed into law, which established a system of licensing and regulation for firearms dealers and manufacturers, as well as restrictions on the sale of firearms to certain individuals, such as convicted felons and the mentally ill.
    • 1980: Ronald Reagan was elected President of the United States, with strong support from the NRA and other pro-gun groups.
    • 1982: The Bureau of Alcohol, Tobacco, and Firearms (ATF) began conducting raids on firearms dealers and collectors, which many gun owners and pro-gun groups saw as a violation of their Second Amendment rights.
    • 1986: The FOPA was signed into law by President Reagan, with the support of the NRA and other pro-gun groups. Key provisions of the law included:
      • The establishment of legal protections for gun owners who unknowingly violate certain firearms laws.
      • The creation of a registry for machine guns manufactured before May 19, 1986, effectively banning the sale or transfer of new machine guns to civilians.
      • The prohibition of certain types of ammunition that were deemed to be “armor piercing.”
      • The loosening of certain restrictions on the transportation of firearms across state lines.
    • 1993: The Brady Handgun Violence Prevention Act was signed into law, which required background checks for individuals purchasing firearms from licensed dealers.

Effects of the Firearm Owners Protection Act (FOPA):

      • The FOPA has been praised by gun rights advocates for protecting the Second Amendment rights of gun owners and for making it easier to transport firearms across state lines.
      • The creation of the machine gun registry has effectively limited the availability of new automatic weapons to civilians, making them highly sought-after and expensive.
      • The prohibition on armor-piercing ammunition has been criticized by some gun owners as an unnecessary restriction on their rights.
      • The FOPA has been criticized by gun control advocates for making it more difficult to regulate firearms and for weakening existing gun laws.
 

Arms Export Control Act

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Arms Export Control Act of 1976

  • Title II of Pub.L. 94–329, 90 Stat. 729
  •  codified at 22 U.S.C. ch. 39
  •  H.R. 13680 legislation was passed by the 94th Congressional session
  • enacted into law by the 38th President of the United States Gerald R. Ford
  • on June 30, 1976
  • requires international governments receiving weapons from the United States to use the armaments for legitimate self-defense
  •  places certain restrictions on American arms traders and manufacturers

Omnibus Crime Control and Safe Streets Act 

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Omnibus Crime Control and Safe Streets Act of 1968

  • enacted June 19, 1968
  • Pub.L. 90–351, 82 Stat. 197
  • codified at 34 U.S.C. § 10101
  • legislation passed by the Congress of the United States
  • signed into law by President Lyndon B. Johnson
  • prohibited interstate trade in handguns
  • Increased the minimum age to 21 for buying handguns
  • established the Law Enforcement Assistance Administration (LEAA)
  • set rules for obtaining wiretap orders in the United States

Gun Control Act of 1968

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The Gun Control Act of 1968 is a federal law that regulates the firearms industry and firearm ownership in the United States.

The Gun Control Act of 1968 is a federal law that regulates the firearms industry and firearm ownership in the United States. It was signed into law by President Lyndon B. Johnson on October 22, 1968, and was enacted in response to several high-profile assassinations, including those of President John F. Kennedy, civil rights leader Martin Luther King Jr., and Senator Robert F. Kennedy. The law was intended to make it more difficult for criminals and mentally ill individuals to obtain firearms. The law replaced the Federal Firearms Act of 1938 and significantly expanded the federal government’s role in regulating firearms.

  • Effective: October 22, 1968
  • Repealed and replaced the 1938 FFA
  • banned importation guns that have “no sporting purpose”
  •  gun owners had to be 21
  • all manufactured or imported guns have a serial number
  • control of interstate traffic of firearms

The Gun Control Act of 1968 established new licensing requirements for firearm dealers and manufacturers and required them to keep detailed records of firearm transactions. It also prohibited certain individuals, such as convicted felons and individuals with a history of mental illness, from owning firearms. The law prohibited the importation of certain firearms, including “assault weapons,” and established a minimum age of 21 for handgun purchases. The law has been amended several times since its enactment, including the Brady Handgun Violence Prevention Act of 1993, which established a national system for background checks on firearm purchasers, and the NICS Improvement Amendments Act of 2007, which improved the accuracy and completeness of the National Instant Criminal Background Check System.

  • The Gun Control Act of 1968 was signed into law by President Lyndon B. Johnson on October 22, 1968.
  • The law was enacted in response to several high-profile assassinations, including those of President John F. Kennedy, civil rights leader Martin Luther King Jr., and Senator Robert F. Kennedy. The law was intended to make it more difficult for criminals and mentally ill individuals to obtain firearms.
  • The law replaced the Federal Firearms Act of 1938 and significantly expanded the federal government’s role in regulating firearms.
  • The law established new licensing requirements for firearm dealers and manufacturers and required them to keep detailed records of firearm transactions. It also prohibited certain individuals, such as convicted felons and individuals with a history of mental illness, from owning firearms.
  • The Gun Control Act of 1968 also prohibited the importation of certain firearms, including “assault weapons,” and established a minimum age of 21 for handgun purchases.
  • The law has been amended several times since its enactment, including the Brady Handgun Violence Prevention Act of 1993, which established a national system for background checks on firearm purchasers, and the NICS Improvement Amendments Act of 2007, which improved the accuracy and completeness of the National Instant Criminal Background Check System.
  • Key players in the enactment of the Gun Control Act of 1968 include President Lyndon B. Johnson, Senator Thomas Dodd of Connecticut, and Congressman Emanuel Celler of New York.
  • The Gun Control Act of 1968 has been a subject of controversy and debate since its enactment. Supporters argue that it has helped to reduce gun violence and protect public safety, while opponents argue that it infringes on Second Amendment rights and that criminals can still obtain firearms through illegal means.

922r Restrictions on Firearms Manufacturing

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The 922r restrictions on firearms manufacturing refer to a set of regulations that were introduced in the United States as part of the 1968 Gun Control Act. The purpose of the regulations was to prohibit the importation of certain firearms that were not suitable for sporting purposes, and to restrict the manufacture of firearms to ensure that they were not easily modified into prohibited configurations.

The regulations are named after Section 922(r) of the Gun Control Act, which specifies the requirements that firearms manufacturers must meet in order to produce a firearm that is legal for sale in the United States. Specifically, Section 922(r) requires that certain firearms must have no more than 10 “foreign-made” parts out of a total of 20 or more parts, in order to prevent the easy modification of the firearm into a configuration that would be prohibited under the law.

The regulations were introduced in response to concerns about the availability of so-called “assault weapons” and other firearms that were deemed to be too dangerous for civilian use. The restrictions were intended to limit the ability of gun manufacturers to produce firearms that could be easily modified into these prohibited configurations, and to prevent the importation of such firearms into the country.

Over the years, the 922r regulations have been the subject of much debate and controversy, with some gun rights advocates arguing that they are unnecessary and infringe on Second Amendment rights. However, the regulations have remained in place, and continue to be enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

how does 922r compare to the Assault Weapons Import Ban of 1989 ?

The 922r restrictions on firearms manufacturing and the Assault Weapons Import Ban of 1989 are related, but they are distinct pieces of legislation with different aims and provisions.

The Assault Weapons Import Ban of 1989, also known as the “AWB,” was a federal law that prohibited the importation of certain firearms that were deemed to be “assault weapons.” The AWB banned the importation of specific firearms models by name, as well as firearms that met certain criteria, such as having a detachable magazine and a combination of features like a pistol grip, folding stock, and bayonet mount. The AWB did not apply to firearms that were already in the country before the ban went into effect.

The 922r restrictions, on the other hand, apply to the manufacture of firearms in the United States. The regulations specify that certain firearms must have no more than 10 foreign-made parts out of a total of 20 or more parts, in order to prevent the easy modification of the firearm into a configuration that would be prohibited under the law. Unlike the AWB, the 922r restrictions do not ban specific firearms or features, but rather regulate the manufacture of firearms to ensure that they meet certain criteria.

In summary, the Assault Weapons Import Ban of 1989 and the 922r restrictions on firearms manufacturing are both laws that aim to regulate firearms in the United States, but they have different focuses and provisions. The AWB targeted the importation of certain firearms models and features, while the 922r restrictions regulate the manufacture of firearms to prevent the easy modification of firearms into prohibited configurations.

United States v. Miller

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1939

Upheld a federal ban on sawed-off shotguns

 

  • March 30, 1939 United States v Miller – Argued
  • May 15, 1939 United States v Miller – Decided
  • Ruling on the National Firearms Act of 1934
  • Supreme Court upholds a federal ban on sawed-off shotguns
  • Supreme court ruled that when called for militia duty,
    “these men were expected to appear bearing arms supplied by themselves
    and of the kind in common use at the time.”
  • (U.S. v Miller, 307 US 174)

District Court Western District Arkansas, charged that Jack Miller and Frank Layton ‘did unlawfully, knowingly, wilfully, and feloniously transport in interstate commerce from the town of Claremore in the State of Oklahoma to the town of Siloam Springs in the State of Arkansas a certain firearm, to-wit, a double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length

1934 National Firearms Act

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What is the 1934 National Firearms Act ?

  • June 26, 1934
  • strict government regulation and tax of machine guns, short-barreled rifles, and silencers
  •  imposed a tax on the manufacturing, selling, and transporting of firearms listed in the law

Why:

The National Firearms Act (NFA) of 1934 is a federal law that regulates certain firearms and accessories, including machine guns, silencers, and short-barreled rifles and shotguns. The NFA was introduced by the United States Congress in response to the rise of organized crime during the Prohibition era.

At the time, gangsters and criminals used automatic weapons and other firearms to commit violent crimes. The federal government believed that regulating the sale and possession of certain firearms would help to combat the spread of crime.

What:

The NFA required individuals and companies to register their firearms with the federal government and pay a tax. The law also required manufacturers, importers, and dealers to obtain a license from the government to engage in the firearms business.

Despite the controversy, the NFA was signed into law by President Franklin D. Roosevelt on June 26, 1934. The law has been amended several times over the years, but it remains in effect today.

Eventually:

  • 1968 Haynes v. United States  effectively gutted the National Act of 1934

The NFA was met with opposition from gun enthusiasts and manufacturers who saw it as an infringement on the Second Amendment right to bear arms. Some argued that the law unfairly targeted law-abiding citizens and would do little to deter criminals.

transformed crime

  • response to gangster culture
  • Prohibition-era violence
  • attempted assassination of President Franklin D. Roosevelt in 1933
  • advent of the “getaway car”

Another federal law soon followed in the National Firearms Act of 1938, which required the licensing of interstate gun dealers.

Overall, the NFA represents an early attempt by the federal government to regulate firearms in the United States. It was born out of a desire to combat organized crime and violence, but it has also been a source of controversy and debate for decades.

Short Barreled Rifle (SBR)

  • 2010 = 74,727
  • 2012 = 93,486
  • 2013 = 119,025
  • 2014 = 137,951
  • 2015 = 181,314
  • 2016 = 213,594
  • 2017 = 297,626
  • 2018 = 345,323
  • 2019 = 413,167
  • 2020 = 460,544

Any Other Weapon (AOW)

  • 2010 = 52,676
  • 2012 = 54,649
  • 2013 = 56,050
  • 2014 = 56,215
  • 2015 = 57,523
  • 2016 = 57,777
  • 2017 = 60,019
  • 2018 = 60,706
  • 2019 = 62,162
  • 2020 = 65,398

Short Barreled Shotgun (SBS)

  • 2010 = 116,462
  • 2012 = 124,079
  • 2013 = 130,105
  • 2014 = 131,951
  • 2015 = 138,393
  • 2016 = 140,474
  • 2017 = 146,098
  • 2018 = 149,866
  • 2019 = 155,021
  • 2020 = 158,059

Machine Gun

  • 2010 = 456,930
  • 2012 = 488,065
  • 2013 = 505,861
  • 2014 = 512,790
  • 2015 = 543,073
  • 2016 = 575,602
  • 2017 = 630,019
  • 2018 = 638,260
  • 2019 = 699,977
  • 2020 = 726,951

Suppressor

  • 2010 = 285,930
  • 2012 = 360,534
  • 2013 = 494,452
  • 2014 = 571,750
  • 2015 = 792,282
  • 2016 = 902,805
  • 2017 = 1,360,023
  • 2018 = 1,489,791
  • 2019 = 1,750,433
  • 2020 = 2,042,719

Destructive Devices

  • 2010 = 1,864,522
  • 2012 = 2,064,09
  • 2013 = 2,205,487
  • 2014 = 2,246,742
  • 2015 = 2,446,984
  • 2016 = 2,545,844
  • 2017 = 2,709,704
  • 2018 = 2,818,528
  • 2019 = 2,977,630
  • 2020 = 3,180,393

Total NFA

  • 2010 = 2,850,406
  • 2012 = 3,184,80
  • 2013 = 3,510,980
  • 2014 = 3,656,649
  • 2015 = 4,159,569
  • 2016 = 4,436,096
  • 2017 = 5,203,489
  • 2018 = 5,502,474
  • 2019 = 6,058,390
  • 2020 = 6,634,064

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