#National Fire Agency (NFA)
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Taipei, Taiwan CNN — Rescuers in Taiwan scrambled to free dozens of people trapped in highway tunnels after the island was struck by its strongest earthquake in 25 years Wednesday, killing at least nine and injuring more than 900 others.
The powerful 7.4 magnitude tremor shook the island’s east coast, hitting at 7:58 a.m. local time, 18 kilometers (11 miles) south of Hualien city and at a depth of 34.8 kilometers (21 miles), according to the US Geological Survey.
It was followed by several strong aftershocks with tremors felt across the island, including by CNN staff in the capital Taipei.
Taiwan’s National Fire Agency (NFA) said in an update on Wednesday that the death toll had risen to nine, while 934 people have been injured.
The NFA did not indicate the severity of the injuries.
Meanwhile, 75 people stranded in various tunnels in Hualien County have been rescued by emergency responders.
As of 7 a.m. Eastern Time, 137 people remain trapped.
Among those trapped were 50 employees of the Silk’s Place Hotel Taroko, who were traveling in four minibuses.
Authorities have been unable to reach them by phone and have listed them as trapped for the time being.
Two German citizens that were caught up earlier in a tunnel in Hualien County have been rescued, the NFA added.
All the deaths were in Hualien County, among them three hikers killed by falling rocks in the tourist hotspot Taroko Gorge, the NFA said.
Falling rocks also killed a truck driver in front of a tunnel on the east coast’s Suhua Highway, it added.
Reports of extensive damage have also emerged, with collapsed buildings in Hualien County, thousands of homes left without power and a major highway closed due to landslides and rockfalls, according to Taiwanese officials.
Most of those trapped are in two road tunnels in northern Hualien County, the NFA said.
Two German nationals are stranded in a third tunnel in the county, it said.
The 400-meter Jinwen Tunnel, where 60 people are trapped, is one of more than a dozen that thread the Suhua Highway, a scenic but treacherous and narrow road that runs for 118 kilometers (73 miles) along the east coast.
Meanwhile, rescuers were en route to 12 people, including two Canadians, stuck on a trail in Taroko Gorge.
Taiwan’s Central Weather Administration spokesperson warned that powerful aftershocks as high as magnitude 7 are expected to occur until the end of the week.
“There was really strong shaking… We quickly turned off the gas and electricity and opened the door. It was really strong. It felt like the house would fall down,” Taipei resident Chang Yu-lin said on CNN affiliate Taiwan Plus.
Chen Nien-tzu, also in Taipei, said, “It was really wild.”
“It’s been a long time since we’ve had an earthquake so it felt really scary,” she said on Taiwan Plus.
The quake prompted initial tsunami warnings in Taiwan, southern Japan and the Philippines, with waves less than half a meter observed along some coasts and prompting airlines to suspend flights. All tsunami warnings were later lifted.
In Taiwan, military personnel were dispatched to help with disaster relief and schools and workplaces suspended operations as aftershocks hit the island, according to the Defense Ministry.
Taiwan’s outgoing President Tsai Ing-wen said Wednesday she had ordered her administration to “immediately” get “on top of the situation and understand local impacts as soon as possible.”
Tsai also told the administration to “provide necessary assistance and work together with local governments to minimize the impact of the disaster.”
Taiwan, a self-ruled island east of mainland China, is home to about 23 million people, most of whom live in the industrialized cities of its west coast, including the capital.
The island is regularly rocked by earthquakes due to its location on the Pacific Ring of Fire, which runs around the edge of the Pacific Ocean and causes massive seismic and volcanic activity from Indonesia to Chile.
Wednesday’s quake is the strongest to hit Taiwan since 1999, according to the Central Weather Administration.
That year, a 7.7 magnitude quake hit south of Taipei, killing 2,400 people and injuring 10,000 others.
Hualien County, parts of which are mountainous and remote, is home to about 300,000 people on the island’s sparsely populated east coast.
A magnitude 6.2 quake hit near the area in 2018, killing at least 17 people and injuring more than 300 others.
Collapsed buildings, highway damaged
The full extent of the damage is still being assessed, with road and rail closures curtailing access to the quake’s epicenter in Hualien County.
More than 100 buildings were damaged across the island, the National Fire Agency said, with about half of those in Hualien County.
Search and rescue operations were ongoing Wednesday afternoon at the nine-story Uranus Building that had partially collapsed, trapping residents, Hualien County Magistrate Hsu Chen-wei told reporters.
So far, 22 people had been rescued from the building, according to the NFA.
More than 91,000 households are without electricity, according to Taiwan’s Central Emergency Command Center.
The government-operated Taipower Company is working to restore power, it added.
Footage posted on social media showed several collapsed buildings in Hualien and residents helping trapped people escape through the window of a damaged apartment complex.
The quake struck during the morning rush hour, with videos showing vehicles bouncing on a vigorously shaking highway, an overpass swaying in Taipei, and commuters struggling to stand inside a juddering Taipei metro train.
Meanwhile, video broadcast by CNN affiliate TVBS showed cellphone and security camera footage of the moment tremors struck homes and businesses across the island.
One clip showed power lines swaying violently above a street and another saw chandeliers shaking in a restaurant.
Large boulders could be seen strewn across the eastern Suhua Highway, with several tunnels broken — including one split in half, TVBS footage showed.
CNN affiliate SET News shows the front of a car smashed by fallen rocks.
Transport authorities recorded at least nine rockfalls and landslides on the highway, which has been closed to traffic.
Another highway connecting the west coast with eastern Taiwan was also damaged by falling rocks, with at least 12 cars hit and nine people injured, TVBS reported.
Tsunami waves
The quake sparked tsunami warnings across the region as authorities ordered evacuations.
In Taiwan’s Chenggong, about 100 kilometers (62 miles) south of the quake’s epicenter, waves reached almost half a meter.
The Central Weather Administration advised residents to evacuate to higher ground.
The Japan Meteorological Agency also issued a tsunami alert for the southern Miyakojima and Okinawa islands, warning of waves up to 3 meters (nearly 10 feet) high.
A 30-centimeter (nearly 1 foot) wave impacted Okinawa, the first tsunami observed there in 26 years, the agency said.
Several hours later, the US Tsunami Warning Center said the tsunami threat had “largely passed” but people in coastal areas should remain alert.
All flights from Okinawa and Kagoshima prefectures were suspended following the tsunami warnings in the area, Japan Airlines said.
Okinawa’s Naha airport resumed flights after the tsunami warning was downgraded to an advisory, airport spokesperson Hideaki Tsurudo told CNN.
#Taiwan#Taiwan Earthquake#earthquake#magnitude 7.4#Hualien#tremors#aftershocks#National Fire Agency (NFA)#Jinwen Tunnel#Suhua Highway#Central Weather Administration#President Tsai Ing-wen#Pacific Ring of Fire#Pacific Ocean#Central Emergency Command Center#Taipower Company#tsunami warnings#tsunami#Japan Meteorological Agency#US Tsunami Warning Center
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Im mad about gun laws again. this shit wouldnt be half the messy issue it is if they hadn't been so head up ass convoluted when coming up with definitions.
Say I have an Ar15 (or any other pistol/rifle)
according to current NFA regulations as interpreted by the ATF, if it has
a stock and a barrel >16": its a rifle
a stock and a barrel <16": its a SBR
a brace or nothing and no vertical foregrip: its a pistol
a brace or nothing, a vertical foregrip, and its <26" overall length: its an AOW
a brace or nothing, a vertical foregrip, and its >26" overall length: its an OF
a brace or nothing, a barrel >16", and it was manufactured with a stock that has been removed: Its a Rifle
a brace or nothing, a barrel <16", and it was manufactured with a stock that has been removed: its an SBR
Capable of fully automatic fire, was registered by 1986, and not a SBR: Its a machine gun
Capable of fully automatic fire, was registered by 1986, and is an SBR: Its both a machine gun and a SBR
Capable of fully automatic fire and not registered by 1986 or manufactured after 1986: Its a felony for any individual in the US to own this. Government entities such as the military and FFL businesses with a SOT can possess as orginizations.
NFA: National Firearms Act. The legislation responsible for most federal regulations on firearms, including the Hughes amendment which is what creats the bans on civilians from owning machine guns.
SBR: Short barreled rifle, requires $200 atf tax stamp to own
AOW: Any other weapon, requires $5 atf tax stamp to own
OF: Other Firearm, does not require tax stamp.
FFL: Federal firearms license, part of a business license that allows a business to sell firearms
SOT: Special Occupational Taxpayer, an additional license that allows a business to possess and transfer Class 3 items like machine guns
Fully Automatic: Detonates more than one cartridge per single activation of the trigger. Includes burst fire and multi barrel firearms that fire more than one barrel from a single trigger pull. Does NOT include bump stocks, binary triggers, forced reset triggers, and gatling cranks all of which work by various mechanical means to allow the shooter to perform single trigger activations more rapidly. Requires a $200 tax stamp of civilian legal ownership of pre 1986 registered ones.
Transferrable: Short hand for referring to a machine gun that was registered before the 1986 cut off and ownership can be transferred to a civilian who meets and follows the restrictions for class 3 NFA items, such as getting a tax stamp and not crossing state lines with it without receiving approval from the ATF.
Tax stamp: ATF paperwork saying your ID is on record and you have passed a background check, been fingerprinted, supplied the required proof of engraving, and the serial number has been added to their database. Can take up to a year to be approved by the ATF, sometimes even longer. Paperwork must be kept with the relevant gun or suppressor at all times. Required separately for each classification that causes the need for one, so a surpressed pre-86 full auto sbr would require 3, totalling $600 in paperwork fees to the atf completely separate from the cost of the gun
ATF: Government agency responsible for Alcohol, Tobacco, and Firearms. Has a reputation for shooting peoples dogs due to their consistent use of no knock night raids when serving any kind of warrant causing them to become a statistical outlier for being attacked by startled pets.
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Assault weapon:
Not a federal legal term or an ATF classification, defined by state laws and varies by state. Not synonymous with assault rifle, a classification used specifically only in terms of equipment for different military roles (and one of the first requirements for filling the assault rifle role is being a machine gun).
Most common features defining an assault weapon: folding stock, barrel threaded to accept a muzzle device such as brake, compensator, or supressor (even if no muzzle device attached), being equipped with a "high capacity" magazine (most commonly either >10 or >20 round capacity).
Some state and local governments are starting to name AR and AK pattern rifles as assault weapons regardless of weather they are in full compliance with all restrictions.
And that's just pistols/rifles. shotguns have an entirely different set of rules, as do flare launchers, explosives (which includes molotovs, and yes the atf does still require serial numbers for them), and just about anything else you can think of.
No matter how you feel about new gun control, i think everybody should be able to agree this is some unnecessarily convoluted nonsense
#and you better remember all of it lest you accidentally comit a felony by stick a 10 cent piece of plastic on the front of your pistol#gun#gunblr#gun control#politics
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Taiwan Earthquake: Taipei 101 Stands Strong Amidst Devastation
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Source- Hindustan Times
A powerful 7.4 magnitude earthquake struck Taiwan, claiming the lives of at least nine individuals and causing extensive damage to over 100 buildings across the island. Still, Taipei 101 Stands Strong Amidst Devastation as reported by the National Fire Agency (NFA). Among the affected areas, Hualien County bore the brunt of the disaster, with numerous structures, including four buildings, experiencing partial collapse near the quake’s epicenter.
Triumph of Engineering: Taipei 101 Remains Unscathed
Despite the widespread devastation, Taipei, the capital city located just 80 miles from the epicenter, witnessed buildings trembling violently during what has been described as Taiwan’s most potent earthquake in 25 years. Remarkably, Taipei 101, the iconic skyscraper that once held the title of the world’s tallest building, emerged unscathed, showcasing the resilience of modern engineering in the face of natural disasters.
Structural Innovations: Reinforced Concrete and Tuned Mass Dampers
At the heart of Taipei 101’s ability to withstand seismic forces lies a combination of architectural ingenuity and advanced technology. Constructed primarily from reinforced concrete, the skyscraper boasts structural flexibility that allows it to sway with the motion of earthquakes, yet remain steadfast against high winds and typhoons common in the region. Additionally, a groundbreaking feature known as a tuned mass damper serves as a critical defense mechanism. Suspended within the tower, this massive golden sphere acts as a pendulum, counteracting swaying motions and safeguarding the building from structural damage.
Ensuring Stability: Deep Foundations and Rigorous Safety Measures
Taipei 101’s resilience is further fortified by its deep foundations, comprising 380 reinforced concrete and steel piles anchored into the bedrock. Additionally, the skyscraper adheres to stringent anti-seismic building codes, reflecting Taiwan’s proactive approach to mitigating the risks posed by its location along the seismic “Pacific Ring of Fire.” Extensive digital modeling and rigorous testing, including simulations in wind tunnels and on shake tables, underscore the meticulous planning and innovation behind the tower’s design.
Uncertain Future Amidst Ongoing Threats
While Taipei 101‘s exemplary performance offers a glimmer of hope amidst the devastation, the earthquake serves as a stark reminder of the ongoing threat posed by natural disasters. Despite the extensive safety measures in place, the potential impact of stronger or closer seismic events remains a subject of ongoing study and concern. As Taiwan grapples with the aftermath of this disaster, the resilience of its infrastructure and the dedication of its engineers stand as a testament to the nation’s unwavering resolve in the face of adversity.
Curious to learn more? Explore our articles on Enterprise Wired
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Education Requirements for Firefighters
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feuerwehr If you are interested in becoming a firefighter, one factor you really should not overlook is firefighter education. Firefighting has developed into a very competitive area of expertise, and most municipalities have started requiring firefighter applicants to have a college degree, or some college credits, as well as certification prior to being seriously considered for a position. Then again, even if it's not necessarily a firm necessity in your city, having the right education and certification is likely to dramatically increase your chance to find a job as a firefighter.
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There are a few different ways to acquire the training and education you should have to become a firefighter, and this guide will help you to understand your various options. Particularly, you might be interested in college degrees for firefighters, attending fire academy, taking web based classes for firefighting, or firefighter apprenticeships. All of these are viable methods of achieving the education requirements for firefighters, so we will evaluate these options in more detail.
Fire Academy Training - Your Local Fire Department
Depending on where you want to find a job as a firefighter, the fire department could have a local fire academy set up to train new recruits. This form of education is what a lot of people refer to as "fire school" or "fire academy." Typically, entry-level workers in large fire departments will be trained for a number of weeks at the department's fire school training center or fire academy. Firefighter training typically is comprised of classroom instruction and practical training.
Firefighter recruits study subjects such as fire prevention, fire fighting techniques, hazardous materials control, local building codes, and emergency medical procedures. Many jurisdictions require firefighters to hold certification as an emergency medicine technician (EMT) or paramedic. During fire school training, recruits also learn how to use tools of the trade like axes, chain saws, fire extinguishers, ladders, as well as other fire fighting and rescue apparatus. After successfully completing training, the recruits are assigned to a fire company, where they undertake a period of probation which will consist of more hands-on training.
If the fire department close to you does give you training and education through this sort of fire school, there could possibly be prerequisites you need to meet before being accepted into the program. You could ask at a local fire department to get the essentials of their specific application process and requirements.
In addition to the firefighter training provided in the local jurisdiction, many firefighter recruits and career firefighters also opt to sign up for firefighter training courses available through the U.S. Fire Administration and U.S National Fire Academy.
U.S. National Fire Academy - National Emergency Training Center
The National Emergency Training Center is a 107-acre campus situated in Emmitsburg, Maryland. The campus houses the U.S. Fire Administration (USFA), the National Fire Academy (NFA), and the Emergency Management Institute (EMI). The National Fire Academy and Emergency Management Institute are part of the Department of Homeland Security's Federal Emergency Management Agency (FEMA).
The National Fire Academy offers firefighter courses at its resident campus in Emmitsburg, and also off-campus, around the Country in collaboration with State and local fire departments and training providers. There are no tuition costs for National Fire Academy courses. All instruction and course materials are provided free of charge. Most of the travel costs and accommodations for students who represent career or volunteer fire departments, rescue squads, or State/local governments attending on-campus courses are now provided as part of funding within the student stipend reimbursement program.
Everyone having significant involvement in fire prevention and control, emergency medical services, fire-related emergency management activities, or allied occupations is eligible to apply for National Fire Academy courses. Students have to satisfy the particular selection criteria and prerequisite criteria for every course. These prerequisite courses may be available online through the Emergency Management Institute and the National Fire Academy.
The National Fire Academy itself is not an accredited university. However, successfully completed NFA courses may be counted as credits toward a college degree program. However, not all colleges or universities approve these credits.
College for Firefighters
Many vocational schools, community colleges, and universities provide certificates and degrees for the student who wants to become a firefighter. The most common college certificate or degree is a Fire Science degree. Students enrolled in a Fire Science program usually study fire investigation methods and also techniques for controlling a fire with equipment, like axes, fire extinguishers, ladders and chainsaws. These programs also typically include education in fire prevention and teaching fire safety to the general public. Fire science students are also taught basic first aid, CPR and proper handling of hazardous materials.
As part of these college programs for firefighters, students might also earn their certification as an EMT/Paramedic. This is one important reason why college for firefighters is becoming increasingly more in-demand; because in addition to basic requirements for becoming a firefighter, many jurisdictions now mandate EMT training and certification as the minimum education requirement for becoming a firefighter.
Key courses in a Fire Science Associates Degree will normally include:
Fire Prevention Principles of Fire and Emergency Services Safety and Survival Building Construction for Fire Protection Fire Behavior and Combustion Fire Protection Systems Principles of Emergency Services
Other appropriate firefighter courses offered by many colleges include:
Fire Investigation I Fire Investigation II Fire Protection Hydraulics and Water Supply Introduction to Fire and Emergency Services Administration Legal Aspects of the Emergency Services Occupational Health and Safety Strategy and Tactics Hazardous Materials Chemistry
Along with these core Associate's Degree courses, a Fire Science Bachelors Degree program will commonly also include additional courses such as:
Political and Legal Foundations of Fire Protection Applications of Fire Research Fire Prevention Organization and Management Personnel Management for the Fire and Emergency Services Fire and Emergency Services Administration Community Risk Reduction for the Fire and Emergency Services
Of course, the actual curriculum varies depending on what college you attend for your firefighter education. Look at the firefighter class descriptions of colleges you're thinking about to make sure you get the education you need.
Firefighter Training Apprenticeship Programs
Accredited apprenticeships are offered by a lot of fire departments for those interested in becoming a firefighter. These firefighter training programs frequently require students to enroll in a Fire Science degree program at an affiliated school. The student will obtain theoretical knowledge via classroom firefighter courses, while getting realistic, hands-on field training via the fire department. These programs ordinarily take 2- 4 years to complete.
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Fire, police agencies refuse to scrap hiring age limit despite rights watchdog recommendation
The National Fire Agency (NFA) and the National Police Agency (NPA) have refused to accept a recommendation from the National Human Rights Commission of Korea (NHRCK) to remove the age limit for career counseling positions, the rights watchdog said Friday. from Korea Times News https://ift.tt/UrOsGbS via IFTTTDiigo Blogger Tumblr Evernote
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Gun control is perhaps the most divisive issue in the US. But what are the facts behind gun control in the US? Assault weapons and universal background checks are often the two most popular talking points, so let’s dive in. This article might also explain why gun owners are so resistant to change.
In the US, anyone who wants to purchase a firearm at a store must go to a federally licensed firearms dealer, and a background check is required with every dealer purchase (gun-show or not). The National Instant Criminal Background Check System, or NICS, processes these background checks through the gun dealer. The form that all gun owners fill out is called Form 4473 and it contains 16 general questions about your background, drug use, and criminal history. Most of these background checks get approved within minutes. Private sales do exist in most of the US, but they account for a minute percentage of gun purchases as more than 75% are conducted through Federal Firearms License holder (FFLs).
In these background checks, the FBI usually looks for any high risks or red flags in criminal and mental history such as open warrants, dishonorable military discharges, and domestic violence reports. This means any one with any sort of felonious criminal background, current investigation or court case against them is federally prohibited from buying or possessing a firearm. It is also illegal for anyone living with a felon or prohibited person to own or possess a firearm. This information for NICS is drawn up from 3 different databases and with a large bureaucratic base for information sharing.
The intent for this policy is to prevent unqualified residents from obtaining a firearm and posing a threat to the rest of the population. Yet, over the years, the trend towards more gun restrictions has led to an inefficiency in enforcing gun laws and preventing crime. Background checks can lower the crime rates and risk of more mass shootings if all departments and entities such as hospitals and the military report criminal and mental histories to the FBI. In the Virginia Tech massacre, the gunman had many psychiatric illnesses and was mentally unfit to purchase or own a firearm. Yet, this record was not reported to the FBI and was lost in the paper trail. Another instance of poor reporting allowed Devin Kelly to attain a rifle and then open fire in a Texas church. His dishonorable discharge from the Air Force was not reported to the FBI, and he was cleared to buy a firearm. So the question remains, why enact new legislation regarding domestic violence and mental illness when existing pieces like the Brady Bill and Lautenberg Amendment are not enforced? Rather than add new legislation, we should focus on proactively enforcing current laws. States favoring gun-control – like California – pile on more laws while giving plea deals to repeat firearms offenders. Can it be improved? Sure, Federal and state agencies should enforce the laws and actually submit data to NICS in a timely manner. Opening up NICS to civilians could allow people to perform checks before private sales or inheritances. Stop plea deals for felons caught with firearms and pass the Fix NICS bill in Congress, which has bipartisan support.
Registration:
Every state in the US has its own unique gun laws and quirks. Recently, states like New York and Connecticut have imposed gun registrations in an effort to ban assault weapons, and many gun control advocates believe that gun owners must register their weapons.
Since the implementation of this law, both New York and Connecticut experienced a bureaucratic nightmare in the noncompliance rate of their gun owners. In 2015, over 300,000 residents in Connecticut and 1 million residents in New York did not register their assault weapons. Technically, under the law, these residents are fugitives and can be charged with illegal possession of a firearm. Both of these states have the some of the strictest gun laws in the US and do not possess the man-power to enforce or refuse to enforce their laws effectively because a literal interpretation would involve mandatory buybacks or door to door checks. This means that in some of the US’s staunchest democratic strongholds where support for gun control is high, there was a less than 5% compliance rate. Many gun owners, red or blue, take “from my cold dead hands” seriously. Not to mention, most sheriff’s departments and PD’s refuse to enforce these registration and confiscation laws.
In another perspective, registering firearms in many other countries like Australia leads to confiscation and banning of weapons. Australia had a mandatory buy-back program and banned many firearms ubiquitous in America like lever-action rifles and even pump shotguns. Still these mandatory buybacks had a less than 40% compliance rate, and this statistic was even lower in western Australia. Two more buybacks did not raise compliance to above 50%.
A lot of debate in recent years has focused on so-called “assault weapons,” but the truth is the term assault weapon is a political marketing term invented in the late 1980s and early 1990s to garner support for the now defunct Federal Assault Weapons Ban. This term classified guns solely by cosmetic and comfort features rather than functionality, as machine guns and explosives have been heavily regulated and de-facto banned under the National Firearms Act (NFA) of 1934, Gun Control Act (GCA) of 1968 and the Firearms Owner’s Protection Act (FOPA) of 1986. So-called Assault weapons are simply semi-automatic (one bullet for every trigger pull) weapons with cosmetic features like pistol grips and collapsible stocks. Semi-Automatics have been in common use since the late 1800s and nearly every pistol, shotgun, and rifle invented and in common use since the turn of the 20th century has been a semi-automatic.
“Assault Rifle” is a real term used by the military, police, and the firearm industry. Assault rifles are select-fire rifles capable of fully automatic or burst firing an intermediate cartridge. Intermediate cartridges are bigger than handgun calibers but smaller than full-fledged rifle calibers found commonly in bolt-action rifles. Legally, these are classified by the Bureau of Alcohol Tobacco and Firearms (ATF) as Machine guns and regulated by the NFA of 1934. As a result, assault rifles and machine guns cannot be purchased by civilians without a specialized trust or individual Form 4 (or Form 1) and series of certifications overseen by the ATF. Machine guns made after 1986 are banned for civilian ownership unless the person in question is a specialized Federal Firearms License holder with an Special Occupational Tax level 3 or 4. These specialized FFLs are dealers and manufacturers with federal, military, or police contracts. So unless the person in question has $20,000 to $1,000,000 dollars to spend and a wait time of 6 months to 2 years, machine guns and destructive devices are more or less out of reach, and legally acquired NFA items have almost never been used in any crimes.
The Federal Assault Weapons Ban of 1994 (AWB) is the basis for most modern pushes for Assault weapons regulations, but how effective was this ban? Not very effective at all according to the CDC and FBI analysis of the legislation’s effects in 2004. Even after a period of 10 years with an Assault Weapon Ban, the data was inconclusive or indicative of little change. Even according to most gun control advocacy sources, assault weapons make up less than 2% of injuries and fatalities inflicted by firearms. There is a common belief that AR-15s are the choice of mass shooters, but mass shootings have happened before, during, and after AWBs and in that last 19 shootings the vast majority of shooters used handguns. These weapons accounted for 10-50 million of the reported 300-400 million firearms in the US, and they are continuing to be bought at a rate of 1-8 million per year. So why are assault weapons targeted for bans when they are among the most popular choices for defense, sport, and varmint hunting while being the least likely to be a part of a crime? Because they look scary, or because they are “Weapons of War” according to President Obama. Guns have always trended towards what the military is using, especially because until recently (last few decades or so) the Military has followed and modified Civilian firearm trends and has sought to catch up to civilian favorites. Semi Automatic rifles and pistols have a long civilian tradition, and had been used for almost four decades by civilians before the military adopted repeating arms. The guns built to military specifications are tough, cheap, and easy to handle, the AR15 is simply the modern equivalent; it doesn’t even fire a round powerful enough to be considered humane for hunting most medium to large sized game in many states. If most handguns and shotguns sold are Semi-Automatic, why should rifles be any different?
Every shooting is a tragedy and every death is another reminder of a failure to enforce current laws and showcases glaring flaws in the glorification of cold-blooded killers and terrorists. But wide-reaching laws should not be based on statistical outliers, especially when the FBI and CDC state there are between 500k and 3 million defensive uses of firearms every year . There is gun control that could work like expanding the effectiveness and enforcement of the NICS system and opening up NICS to the public. Enforcement of current laws to the fullest extent could cut down on the levels of firearms-based gang and domestic violence, but that means actively enforcing laws and not giving criminals easy ways out. Bans don’t work work when the commodity is already in circulation and easily produced, just look back to prohibition and the drug war. Adding more laws to the already convoluted rule book is an impediment to enforcement and an easy maneuver for politicians to claim that they acted. Change also starts with an honest conversation where people don’t lie about numbers to push forward an agenda, and where people are informed before they try to champion substantial policy changes.
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Title 2 Firearms
NFA Weapon Definition
• Machine guns — this includes any firearm which can fire more than 1 cartridge per trigger pull. Both continuous fully automatic fire and “burst fire” (i.e., firearms with a 3-round burst feature) are considered machine gun features. The weapon’s receiver is by itself considered to be a regulated firearm. A non-machinegun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be “readily convertible”, and classed as a machinegun, such as a KG-9 pistol (pre-ban ones are “grandfathered”).
• Short-barreled rifles — this category includes any firearm with a buttstock and either a rifled barrel under 16″ long or an overall length under 26″. The overall length is measured with any folding or collapsing stocks in the extended position. The category also includes firearms which came from the factory with a buttstock that was later removed by a third party. Short-barreled shotguns — this category is defined similarly to SBRs, but the barrel must be under 18″ or a minimum overall length under 26″. and the barrel must be a smoothbore.
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• Suppressors — this includes any portable device designed to muffle or disguise the report of a portable firearm. This category does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor.
Destructive Devices
There are two broad classes of destructive devices:
• Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc. Any firearm with a bore over 0.50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes. (Many firearms with bores over 0.50″ inch, such as 12-gauge shotguns, are exempted from the law because they have been determined to have a “legitimate sporting use”.) The state with most machine guns per capita is New Hampshire, with 7.4 for every 1,000 residents. New Hampshire also happens to have the lowest murder rate. In Wyoming, which has a population of only about 600,000, there are over 100,000 “destructive devices” registered. I have not managed to figure out why, but there must be an interesting story there. Washington D.C., which does not appear on the map, has the second highest number of NFA weapons per capita, with 62 per 1,000 residents. Oklahoma‘s total NFA registrations are lower than the national average, but the number of silencers registered is the second highest per capita. California is well known to have some of the strictest gun control laws in the U.S. Yet, it ranks #2 in terms of total number of registered weapons (Texas is #1). Ironically, many of these weapons are owned by Hollywood, an industry that includes some of the loudest voices supporting gun control. Arizona, one of the states that bans nun chucks, ranks #9 overall with 16 NFA-registered weapons per 1,000 residents.
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In theory, all Class III weapons are completely banned in New York. Even being in the same room as a machine gun is enough to get you in trouble:
National Firearms Act
The NFA was originally enacted in 1934. Similar to the current NFA, the original Act imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury. Firearms subject to the 1934 Act included shotguns and rifles having barrels less than 18 inches in length, certain firearms described as “any other weapons,” machineguns, and firearm mufflers and silencers. While the NFA was enacted by Congress as an exercise of its authority to tax, the NFA had an underlying purpose unrelated to revenue collection. As the legislative history of the law discloses, its underlying purpose was to curtail, if not prohibit, transactions in NFA firearms. Congress found these firearms to pose a significant crime problem because of their frequent use in crime, particularly the gangland crimes of that era such as the St. Valentine’s Day Massacre. The $200 making and transfer taxes on most NFA firearms were considered quite severe and adequate to carry out Congress’ purpose to discourage or eliminate transactions in these firearms. The $200 tax has not changed since 1934.
As structured in 1934, the NFA imposed a duty on persons transferring NFA firearms, as well as mere possessors of unregistered firearms, to register them with the Secretary of the Treasury. If the possessor of an unregistered firearm applied to register the firearm as required by the NFA, the Treasury Department could supply information to State authorities about the registrant’s possession of the firearm. State authorities could then use the information to prosecute the person whose possession violated State laws. For these reasons, the Supreme Court in 1968 held in the Haynes case that a person prosecuted for possessing an unregistered NFA firearm had a valid defense to the prosecution — the registration requirement imposed on the possessor of an unregistered firearm violated the possessor’s privilege from self-incrimination under the Fifth Amendment of the U.S. Constitution. The Haynes decision made the 1934 Act virtually unenforceable.
youtube
Title II of the Gun Control Act (GCA) of 1968
Title II amended the NFA to cure the constitutional flaw pointed out in Haynes. First, the requirement for possessors of unregistered firearms to register was removed. Indeed, under the amended law, there is no mechanism for a possessor to register an unregistered NFA firearm already possessed by the person. Second, a provision was added to the law prohibiting the use of any information from an NFA application or registration as evidence against the person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration. In 1971, the Supreme Court re-examined the NFA in the Freed case and found that the 1968 amendments cured the constitutional defect in the original NFA. Title II also amended the NFA definitions of “firearm” by adding “destructive devices” and expanding the definition of “machinegun.”
Firearm Owners’ Protection Act
In 1986, this Act amended the NFA definition of “silencer” by adding combinations of parts for silencers and any part intended for use in the assembly or fabrication of a silencer. The Act also amended the GCA to prohibit the transfer or possession of machineguns. Exceptions were made for transfers of machineguns to, or possession of machineguns by, government agencies, and those lawfully possessed before the effective date of the prohibition, May 19, 1986.
TITLE II WEAPONS
Some of you may have heard of title 2 guns, or any attachment/firearm protected by the National Firearms Act. If you’ve played any war-related game, such as Call-of-Duty, you’ll be somewhat familiar with this information. Title 2 weaponry isn’t anything to mess with. In order to legally use, distribute, or own a title 2 weapon, there’s a lot of background information you’ve got to know.
Classes
There are five main classes of title 2 weapons, with some subcategories. All of these classes of title 2 weapons require a special permission to wield or possess any of them. Title 2 weapons, otherwise known as NFA firearms require a type 1 Federal Firearms License and a Special Occupation Tax (SOT) if they’re being sold to you. In order to possess the title 2 weapon, you’ve got to pay a $200 tax through a tax stamp, and fill out the ATF Form 4. The Gun Control Act of 1968 (initially prompted by Kennedy’s assassination in ’63) is a revision of the National Firearms Act in 1934. The Gun Control Act regulated firearms in America so they’d be a bit more difficult to purchase.
Short Barreled Weapons
RIFLES A Short Barreled Rifle (SBR) is justified as a weapon having a barrel, or barrels that are less than 16 inches in length. A rifle is used by firing from the shoulder, a single bullet through a barrel, however SBR’s may or may not be able to maintain a shoulder recoil after modification. SBR’s are usually modified fully-automatic versions of AR-15’s, M4’s and occasionally an AK-47. Short barreled rifles are much less common than short barreled rifles due to the loss of accuracy in making an SBR. Shotguns A Short Barreled Shotgun, or SBS is more commonly-known as the sawed-off shotgun. The sawed off shotgun is America’s iconic shotgun due to the entire cameo’s in old-western movies and video games. The sawed-off class is a celebrity with most sawed-offs consisting of the prior gun being a double-barreled shotgun. Similar to the SBR, SBS’s are made by sawing, cutting, or replacing the barrel of a shotgun that is supposed to be shoulder-fired, shooting shot (pellets) or one projectile at a time.
youtube
The National Firearms Act depicts machine guns to be… “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger.” Machine guns have little to no boundary. Just as other weapons and rifles, machine guns hold a specific bullet count in a magazine; however the gas-powered operation system to reload the bullet is a tad different. Rather than waiting for the bullet to load itself into the chamber immediately after the trigger is pulled, a machine gun (fully-automatic) releases a spurt of bullets based on the length of time the shooter is holding down the trigger. These bullet spurts are called ‘bursts’ and some machine guns even feature a ‘3 round burst’ where three shots are fired in one pull of the trigger, rather than one. Silencers Silencers – otherwise known as suppressors – are any muzzling or silencing device attached to the barrel of a gun. Its immediate purpose is to diminish the report of Suppressors come for all sorts of weapons, and have many uses. One popular use among weapon owners is for hunting. Silencing a shotgun, or rifle prior to a hunt could save you a lot of time, and allow you to not have to wear ear protection. Another common use of a silencer is to reduce the recoil of fire. This can greatly reduce firing fatigue. Ironically called a silencer, attaching a suppressor doesn’t always make the weapon ‘silent’. While accounting for 15-30 dB of noise that the silencer actually works for, much more sound (~50+dB) is still forced from the weapon on fire.
youtube
DD’s, or destructive devices aren’t a normal title 2 weapon. There’s two types of DD’s, there are large-bore firearms as well as explosive ordinance. Large bore firearms are any weapon with a bore diameter larger than a half inch, or 12.7mm (50 calibre). The USAS-12 automatic shotgun is considered a large-bore title 2 firearm, or destructive device. Although most shotgun’s have a bore diameter or a half inch or larger, they are exempt through the fact that they are legitimate for sporting. Explosive ordinance are all of your grenades, rocket-propelled grenades, poison gas, bombs, rockets, mines, missiles, and the parts to make or construct any of those. However any rocket that contains less than four ounces of propellant remains exempt.
Any Other Weapon (AOW)
Any other weapon can legitimately be any device or item that is made into a gun. This catch-all category is defined as “any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive,” other than a pistol with a rifled barrel. This category contains improved guns and disguised firearms including cane, knife, and pen guns. An AOW can be transferred to non-prohibited civilians using a $5 stamp rather than a $200 stamp used when transferring machine guns and SBR’s. AOW’s are often misunderstood, and some less common firearms in the NFA AOW section are items like short barreled shotguns without a shoulder stock, or pistols with a secondary vertical grip. NFA – Title 2 Weapons – Machineguns, Short Barreled Rifles (SBR), Short Barreled Shotguns (SBS), Silencers (Suppressors), AOW (Any Other Weapons) and Destructive Devices Title 2 firearms are not as commonly known nor as straight forward as the Title 1s. All title 2 firearms are regulated by what’s known as the National Firearm Act or what we like to refer to as NFA. One could spend months reading about NFA but I’ll hit the major misconceptions… which are (contrary to the assumptions by many individuals and even law enforcement) that NFA weaponry. Most all 6 categories above are allowed in just about all states within the Continental United States. A few states restrict machinegun ownership, others may restrict short barreled shotguns (SBSs) or suppressors, etc.. One does not need or obtain a “Class 3�� license to own. In fact there really is no such thing as a class 3 license. When a Title 1 FFL dealer pays what’s known as a Special Occupation Tax, he/she then becomes a SOT that can then deal in NFA/Title 2 weapons. SOTs have several classes too and they are based on the type of FFL license you currently hold. The term Class 3 comes from when a normal Type 1 (standard dealer) FFL holder pays his SOT tax. He becomes a Type 3 SOT hence the term Class 3. When a manufacturer likes myself (a type 7 FFL) pays his/her SOT, they become a Type 2 SOT and can both MAKE and DEAL in NFA weapons. Transferring ownership of an NFA weapon – All NFA weapons regardless of category (machineguns, silencers, etc.) are controlled during their transfership from one person/entity to another. These weapons transfer to another entity on what is called ATF tax forms. Each ownership transfer must be approved by the ATF before the transfer takes place. This approval takes sometimes many months.
Generally individual transfership is approved in 3-4 months, dealer to dealer in 3-4 weeks. When the ATF approves the transfer, they cancel a tax stamp and this is why you sometimes hear some say class 3 stamp. Transfers from/to individuals require a onetime $200 tax stamp to be paid for EACH transfer (AOWs require just a $5 stamp). These are considered tax paid transfers and usually are on ATF form 4s. Dealers can transfer to other dealers using a tax free Form 3. If a person buys a NFA item from someone outside his/her domicile (home) state, the weapon must be transferred 1st to a SOT holder within the buyer’s state. Similar to a Title 1 firearm transaction. It must go to a FFL/SOT dealer in the buyer’s state before going to the buyer. Making of NFA weapons. In May, 1986 President Reagan signed a bill that basically stopped the making of any new machineguns. All the other 5 categories (SBRs, SBSs, Silencers, AOWs and Destructive Devices) however can still be made. even by an individual if he/she first applies for and receives permission to do so. They will file an ATF Form 1 (maker form) and pay a $200 make tax fee. A civilian can still legally own any machinegun that was created PRIOR to May, 1986 as long as they get approval on the ATF form 4 discussed above. Machineguns or full-autos as they are sometimes referred command a hefty price though due to supply and demand. Remember that no civilian can possess a machinegun manufactured after May 1986 except for law enforcement so there is a finite quantity available. Your more common machineguns (M16, MP5s, etc.) are currently selling for close to $20,000!!!! Pretty pricey for a gun that basically is really worth less than $1000.00! Machineguns generally go up several thousand dollars per year and some use as investments. I have bought and made considerable profits within just a few years by buying and selling NFA machineguns. They have been legal to own since 1934 so this is nothing new to the US laws. Officials have erroneously associated their approval with liability on their part. When in all actuality, the signoff in the ATFs eyes is only to state that the individual has nothing negative in his or her NCIC check. Corporations (LLC, INC, etc.) and Trusts (Revocable) do NOT need LEO signoff (still need ATF approval) however they have tax implications and are not recommended to merely obtain NFA items.
Utah Gun Lawyer
Gun Lawyer In Utah – call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Title 2 Firearms
NFA Weapon Definition
• Machine guns — this includes any firearm which can fire more than 1 cartridge per trigger pull. Both continuous fully automatic fire and “burst fire” (i.e., firearms with a 3-round burst feature) are considered machine gun features. The weapon’s receiver is by itself considered to be a regulated firearm. A non-machinegun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be “readily convertible”, and classed as a machinegun, such as a KG-9 pistol (pre-ban ones are “grandfathered”).
• Short-barreled rifles — this category includes any firearm with a buttstock and either a rifled barrel under 16″ long or an overall length under 26″. The overall length is measured with any folding or collapsing stocks in the extended position. The category also includes firearms which came from the factory with a buttstock that was later removed by a third party. Short-barreled shotguns — this category is defined similarly to SBRs, but the barrel must be under 18″ or a minimum overall length under 26″. and the barrel must be a smoothbore.
youtube
• Suppressors — this includes any portable device designed to muffle or disguise the report of a portable firearm. This category does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor.
Destructive Devices
There are two broad classes of destructive devices:
• Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc. Any firearm with a bore over 0.50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes. (Many firearms with bores over 0.50″ inch, such as 12-gauge shotguns, are exempted from the law because they have been determined to have a “legitimate sporting use”.) The state with most machine guns per capita is New Hampshire, with 7.4 for every 1,000 residents. New Hampshire also happens to have the lowest murder rate. In Wyoming, which has a population of only about 600,000, there are over 100,000 “destructive devices” registered. I have not managed to figure out why, but there must be an interesting story there. Washington D.C., which does not appear on the map, has the second highest number of NFA weapons per capita, with 62 per 1,000 residents. Oklahoma‘s total NFA registrations are lower than the national average, but the number of silencers registered is the second highest per capita. California is well known to have some of the strictest gun control laws in the U.S. Yet, it ranks #2 in terms of total number of registered weapons (Texas is #1). Ironically, many of these weapons are owned by Hollywood, an industry that includes some of the loudest voices supporting gun control. Arizona, one of the states that bans nun chucks, ranks #9 overall with 16 NFA-registered weapons per 1,000 residents.
youtube
In theory, all Class III weapons are completely banned in New York. Even being in the same room as a machine gun is enough to get you in trouble:
National Firearms Act
The NFA was originally enacted in 1934. Similar to the current NFA, the original Act imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury. Firearms subject to the 1934 Act included shotguns and rifles having barrels less than 18 inches in length, certain firearms described as “any other weapons,” machineguns, and firearm mufflers and silencers. While the NFA was enacted by Congress as an exercise of its authority to tax, the NFA had an underlying purpose unrelated to revenue collection. As the legislative history of the law discloses, its underlying purpose was to curtail, if not prohibit, transactions in NFA firearms. Congress found these firearms to pose a significant crime problem because of their frequent use in crime, particularly the gangland crimes of that era such as the St. Valentine’s Day Massacre. The $200 making and transfer taxes on most NFA firearms were considered quite severe and adequate to carry out Congress’ purpose to discourage or eliminate transactions in these firearms. The $200 tax has not changed since 1934.
As structured in 1934, the NFA imposed a duty on persons transferring NFA firearms, as well as mere possessors of unregistered firearms, to register them with the Secretary of the Treasury. If the possessor of an unregistered firearm applied to register the firearm as required by the NFA, the Treasury Department could supply information to State authorities about the registrant’s possession of the firearm. State authorities could then use the information to prosecute the person whose possession violated State laws. For these reasons, the Supreme Court in 1968 held in the Haynes case that a person prosecuted for possessing an unregistered NFA firearm had a valid defense to the prosecution — the registration requirement imposed on the possessor of an unregistered firearm violated the possessor’s privilege from self-incrimination under the Fifth Amendment of the U.S. Constitution. The Haynes decision made the 1934 Act virtually unenforceable.
youtube
Title II of the Gun Control Act (GCA) of 1968
Title II amended the NFA to cure the constitutional flaw pointed out in Haynes. First, the requirement for possessors of unregistered firearms to register was removed. Indeed, under the amended law, there is no mechanism for a possessor to register an unregistered NFA firearm already possessed by the person. Second, a provision was added to the law prohibiting the use of any information from an NFA application or registration as evidence against the person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration. In 1971, the Supreme Court re-examined the NFA in the Freed case and found that the 1968 amendments cured the constitutional defect in the original NFA. Title II also amended the NFA definitions of “firearm” by adding “destructive devices” and expanding the definition of “machinegun.”
Firearm Owners’ Protection Act
In 1986, this Act amended the NFA definition of “silencer” by adding combinations of parts for silencers and any part intended for use in the assembly or fabrication of a silencer. The Act also amended the GCA to prohibit the transfer or possession of machineguns. Exceptions were made for transfers of machineguns to, or possession of machineguns by, government agencies, and those lawfully possessed before the effective date of the prohibition, May 19, 1986.
TITLE II WEAPONS
Some of you may have heard of title 2 guns, or any attachment/firearm protected by the National Firearms Act. If you’ve played any war-related game, such as Call-of-Duty, you’ll be somewhat familiar with this information. Title 2 weaponry isn’t anything to mess with. In order to legally use, distribute, or own a title 2 weapon, there’s a lot of background information you’ve got to know.
Classes
There are five main classes of title 2 weapons, with some subcategories. All of these classes of title 2 weapons require a special permission to wield or possess any of them. Title 2 weapons, otherwise known as NFA firearms require a type 1 Federal Firearms License and a Special Occupation Tax (SOT) if they’re being sold to you. In order to possess the title 2 weapon, you’ve got to pay a $200 tax through a tax stamp, and fill out the ATF Form 4. The Gun Control Act of 1968 (initially prompted by Kennedy’s assassination in ’63) is a revision of the National Firearms Act in 1934. The Gun Control Act regulated firearms in America so they’d be a bit more difficult to purchase.
Short Barreled Weapons
RIFLES A Short Barreled Rifle (SBR) is justified as a weapon having a barrel, or barrels that are less than 16 inches in length. A rifle is used by firing from the shoulder, a single bullet through a barrel, however SBR’s may or may not be able to maintain a shoulder recoil after modification. SBR’s are usually modified fully-automatic versions of AR-15’s, M4’s and occasionally an AK-47. Short barreled rifles are much less common than short barreled rifles due to the loss of accuracy in making an SBR. Shotguns A Short Barreled Shotgun, or SBS is more commonly-known as the sawed-off shotgun. The sawed off shotgun is America’s iconic shotgun due to the entire cameo’s in old-western movies and video games. The sawed-off class is a celebrity with most sawed-offs consisting of the prior gun being a double-barreled shotgun. Similar to the SBR, SBS’s are made by sawing, cutting, or replacing the barrel of a shotgun that is supposed to be shoulder-fired, shooting shot (pellets) or one projectile at a time.
youtube
The National Firearms Act depicts machine guns to be… “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger.” Machine guns have little to no boundary. Just as other weapons and rifles, machine guns hold a specific bullet count in a magazine; however the gas-powered operation system to reload the bullet is a tad different. Rather than waiting for the bullet to load itself into the chamber immediately after the trigger is pulled, a machine gun (fully-automatic) releases a spurt of bullets based on the length of time the shooter is holding down the trigger. These bullet spurts are called ‘bursts’ and some machine guns even feature a ‘3 round burst’ where three shots are fired in one pull of the trigger, rather than one. Silencers Silencers – otherwise known as suppressors – are any muzzling or silencing device attached to the barrel of a gun. Its immediate purpose is to diminish the report of Suppressors come for all sorts of weapons, and have many uses. One popular use among weapon owners is for hunting. Silencing a shotgun, or rifle prior to a hunt could save you a lot of time, and allow you to not have to wear ear protection. Another common use of a silencer is to reduce the recoil of fire. This can greatly reduce firing fatigue. Ironically called a silencer, attaching a suppressor doesn’t always make the weapon ‘silent’. While accounting for 15-30 dB of noise that the silencer actually works for, much more sound (~50+dB) is still forced from the weapon on fire.
youtube
DD’s, or destructive devices aren’t a normal title 2 weapon. There’s two types of DD’s, there are large-bore firearms as well as explosive ordinance. Large bore firearms are any weapon with a bore diameter larger than a half inch, or 12.7mm (50 calibre). The USAS-12 automatic shotgun is considered a large-bore title 2 firearm, or destructive device. Although most shotgun’s have a bore diameter or a half inch or larger, they are exempt through the fact that they are legitimate for sporting. Explosive ordinance are all of your grenades, rocket-propelled grenades, poison gas, bombs, rockets, mines, missiles, and the parts to make or construct any of those. However any rocket that contains less than four ounces of propellant remains exempt.
Any Other Weapon (AOW)
Any other weapon can legitimately be any device or item that is made into a gun. This catch-all category is defined as “any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive,” other than a pistol with a rifled barrel. This category contains improved guns and disguised firearms including cane, knife, and pen guns. An AOW can be transferred to non-prohibited civilians using a $5 stamp rather than a $200 stamp used when transferring machine guns and SBR’s. AOW’s are often misunderstood, and some less common firearms in the NFA AOW section are items like short barreled shotguns without a shoulder stock, or pistols with a secondary vertical grip. NFA – Title 2 Weapons – Machineguns, Short Barreled Rifles (SBR), Short Barreled Shotguns (SBS), Silencers (Suppressors), AOW (Any Other Weapons) and Destructive Devices Title 2 firearms are not as commonly known nor as straight forward as the Title 1s. All title 2 firearms are regulated by what’s known as the National Firearm Act or what we like to refer to as NFA. One could spend months reading about NFA but I’ll hit the major misconceptions… which are (contrary to the assumptions by many individuals and even law enforcement) that NFA weaponry. Most all 6 categories above are allowed in just about all states within the Continental United States. A few states restrict machinegun ownership, others may restrict short barreled shotguns (SBSs) or suppressors, etc.. One does not need or obtain a “Class 3” license to own. In fact there really is no such thing as a class 3 license. When a Title 1 FFL dealer pays what’s known as a Special Occupation Tax, he/she then becomes a SOT that can then deal in NFA/Title 2 weapons. SOTs have several classes too and they are based on the type of FFL license you currently hold. The term Class 3 comes from when a normal Type 1 (standard dealer) FFL holder pays his SOT tax. He becomes a Type 3 SOT hence the term Class 3. When a manufacturer likes myself (a type 7 FFL) pays his/her SOT, they become a Type 2 SOT and can both MAKE and DEAL in NFA weapons. Transferring ownership of an NFA weapon – All NFA weapons regardless of category (machineguns, silencers, etc.) are controlled during their transfership from one person/entity to another. These weapons transfer to another entity on what is called ATF tax forms. Each ownership transfer must be approved by the ATF before the transfer takes place. This approval takes sometimes many months.
Generally individual transfership is approved in 3-4 months, dealer to dealer in 3-4 weeks. When the ATF approves the transfer, they cancel a tax stamp and this is why you sometimes hear some say class 3 stamp. Transfers from/to individuals require a onetime $200 tax stamp to be paid for EACH transfer (AOWs require just a $5 stamp). These are considered tax paid transfers and usually are on ATF form 4s. Dealers can transfer to other dealers using a tax free Form 3. If a person buys a NFA item from someone outside his/her domicile (home) state, the weapon must be transferred 1st to a SOT holder within the buyer’s state. Similar to a Title 1 firearm transaction. It must go to a FFL/SOT dealer in the buyer’s state before going to the buyer. Making of NFA weapons. In May, 1986 President Reagan signed a bill that basically stopped the making of any new machineguns. All the other 5 categories (SBRs, SBSs, Silencers, AOWs and Destructive Devices) however can still be made. even by an individual if he/she first applies for and receives permission to do so. They will file an ATF Form 1 (maker form) and pay a $200 make tax fee. A civilian can still legally own any machinegun that was created PRIOR to May, 1986 as long as they get approval on the ATF form 4 discussed above. Machineguns or full-autos as they are sometimes referred command a hefty price though due to supply and demand. Remember that no civilian can possess a machinegun manufactured after May 1986 except for law enforcement so there is a finite quantity available. Your more common machineguns (M16, MP5s, etc.) are currently selling for close to $20,000!!!! Pretty pricey for a gun that basically is really worth less than $1000.00! Machineguns generally go up several thousand dollars per year and some use as investments. I have bought and made considerable profits within just a few years by buying and selling NFA machineguns. They have been legal to own since 1934 so this is nothing new to the US laws. Officials have erroneously associated their approval with liability on their part. When in all actuality, the signoff in the ATFs eyes is only to state that the individual has nothing negative in his or her NCIC check. Corporations (LLC, INC, etc.) and Trusts (Revocable) do NOT need LEO signoff (still need ATF approval) however they have tax implications and are not recommended to merely obtain NFA items.
Utah Gun Lawyer
Gun Lawyer In Utah – call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
File For Divorce In Utah
Foreclosure Lawyer Tooele Utah
Custody And Cohabitation
Tenant Bankruptcy Affects A Landlords Eviction Rights
Transfer On Death Tax
DOPL Hearings
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Ascent Law St. George Utah Office
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The post Title 2 Firearms first appeared on Michael Anderson.
from Michael Anderson https://www.ascentlawfirm.com/title-2-firearms/
0 notes
Text
Title 2 Firearms
NFA Weapon Definition
• Machine guns — this includes any firearm which can fire more than 1 cartridge per trigger pull. Both continuous fully automatic fire and “burst fire” (i.e., firearms with a 3-round burst feature) are considered machine gun features. The weapon’s receiver is by itself considered to be a regulated firearm. A non-machinegun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be “readily convertible”, and classed as a machinegun, such as a KG-9 pistol (pre-ban ones are “grandfathered”).
• Short-barreled rifles — this category includes any firearm with a buttstock and either a rifled barrel under 16″ long or an overall length under 26″. The overall length is measured with any folding or collapsing stocks in the extended position. The category also includes firearms which came from the factory with a buttstock that was later removed by a third party. Short-barreled shotguns — this category is defined similarly to SBRs, but the barrel must be under 18″ or a minimum overall length under 26″. and the barrel must be a smoothbore.
youtube
• Suppressors — this includes any portable device designed to muffle or disguise the report of a portable firearm. This category does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor.
Destructive Devices
There are two broad classes of destructive devices:
• Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc. Any firearm with a bore over 0.50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes. (Many firearms with bores over 0.50″ inch, such as 12-gauge shotguns, are exempted from the law because they have been determined to have a “legitimate sporting use”.) The state with most machine guns per capita is New Hampshire, with 7.4 for every 1,000 residents. New Hampshire also happens to have the lowest murder rate. In Wyoming, which has a population of only about 600,000, there are over 100,000 “destructive devices” registered. I have not managed to figure out why, but there must be an interesting story there. Washington D.C., which does not appear on the map, has the second highest number of NFA weapons per capita, with 62 per 1,000 residents. Oklahoma‘s total NFA registrations are lower than the national average, but the number of silencers registered is the second highest per capita. California is well known to have some of the strictest gun control laws in the U.S. Yet, it ranks #2 in terms of total number of registered weapons (Texas is #1). Ironically, many of these weapons are owned by Hollywood, an industry that includes some of the loudest voices supporting gun control. Arizona, one of the states that bans nun chucks, ranks #9 overall with 16 NFA-registered weapons per 1,000 residents.
youtube
In theory, all Class III weapons are completely banned in New York. Even being in the same room as a machine gun is enough to get you in trouble:
National Firearms Act
The NFA was originally enacted in 1934. Similar to the current NFA, the original Act imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury. Firearms subject to the 1934 Act included shotguns and rifles having barrels less than 18 inches in length, certain firearms described as “any other weapons,” machineguns, and firearm mufflers and silencers. While the NFA was enacted by Congress as an exercise of its authority to tax, the NFA had an underlying purpose unrelated to revenue collection. As the legislative history of the law discloses, its underlying purpose was to curtail, if not prohibit, transactions in NFA firearms. Congress found these firearms to pose a significant crime problem because of their frequent use in crime, particularly the gangland crimes of that era such as the St. Valentine’s Day Massacre. The $200 making and transfer taxes on most NFA firearms were considered quite severe and adequate to carry out Congress’ purpose to discourage or eliminate transactions in these firearms. The $200 tax has not changed since 1934.
As structured in 1934, the NFA imposed a duty on persons transferring NFA firearms, as well as mere possessors of unregistered firearms, to register them with the Secretary of the Treasury. If the possessor of an unregistered firearm applied to register the firearm as required by the NFA, the Treasury Department could supply information to State authorities about the registrant’s possession of the firearm. State authorities could then use the information to prosecute the person whose possession violated State laws. For these reasons, the Supreme Court in 1968 held in the Haynes case that a person prosecuted for possessing an unregistered NFA firearm had a valid defense to the prosecution — the registration requirement imposed on the possessor of an unregistered firearm violated the possessor’s privilege from self-incrimination under the Fifth Amendment of the U.S. Constitution. The Haynes decision made the 1934 Act virtually unenforceable.
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Title II of the Gun Control Act (GCA) of 1968
Title II amended the NFA to cure the constitutional flaw pointed out in Haynes. First, the requirement for possessors of unregistered firearms to register was removed. Indeed, under the amended law, there is no mechanism for a possessor to register an unregistered NFA firearm already possessed by the person. Second, a provision was added to the law prohibiting the use of any information from an NFA application or registration as evidence against the person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration. In 1971, the Supreme Court re-examined the NFA in the Freed case and found that the 1968 amendments cured the constitutional defect in the original NFA. Title II also amended the NFA definitions of “firearm” by adding “destructive devices” and expanding the definition of “machinegun.”
Firearm Owners’ Protection Act
In 1986, this Act amended the NFA definition of “silencer” by adding combinations of parts for silencers and any part intended for use in the assembly or fabrication of a silencer. The Act also amended the GCA to prohibit the transfer or possession of machineguns. Exceptions were made for transfers of machineguns to, or possession of machineguns by, government agencies, and those lawfully possessed before the effective date of the prohibition, May 19, 1986.
TITLE II WEAPONS
Some of you may have heard of title 2 guns, or any attachment/firearm protected by the National Firearms Act. If you’ve played any war-related game, such as Call-of-Duty, you’ll be somewhat familiar with this information. Title 2 weaponry isn’t anything to mess with. In order to legally use, distribute, or own a title 2 weapon, there’s a lot of background information you’ve got to know.
Classes
There are five main classes of title 2 weapons, with some subcategories. All of these classes of title 2 weapons require a special permission to wield or possess any of them. Title 2 weapons, otherwise known as NFA firearms require a type 1 Federal Firearms License and a Special Occupation Tax (SOT) if they’re being sold to you. In order to possess the title 2 weapon, you’ve got to pay a $200 tax through a tax stamp, and fill out the ATF Form 4. The Gun Control Act of 1968 (initially prompted by Kennedy’s assassination in ’63) is a revision of the National Firearms Act in 1934. The Gun Control Act regulated firearms in America so they’d be a bit more difficult to purchase.
Short Barreled Weapons
RIFLES A Short Barreled Rifle (SBR) is justified as a weapon having a barrel, or barrels that are less than 16 inches in length. A rifle is used by firing from the shoulder, a single bullet through a barrel, however SBR’s may or may not be able to maintain a shoulder recoil after modification. SBR’s are usually modified fully-automatic versions of AR-15’s, M4’s and occasionally an AK-47. Short barreled rifles are much less common than short barreled rifles due to the loss of accuracy in making an SBR. Shotguns A Short Barreled Shotgun, or SBS is more commonly-known as the sawed-off shotgun. The sawed off shotgun is America’s iconic shotgun due to the entire cameo’s in old-western movies and video games. The sawed-off class is a celebrity with most sawed-offs consisting of the prior gun being a double-barreled shotgun. Similar to the SBR, SBS’s are made by sawing, cutting, or replacing the barrel of a shotgun that is supposed to be shoulder-fired, shooting shot (pellets) or one projectile at a time.
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The National Firearms Act depicts machine guns to be… “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger.” Machine guns have little to no boundary. Just as other weapons and rifles, machine guns hold a specific bullet count in a magazine; however the gas-powered operation system to reload the bullet is a tad different. Rather than waiting for the bullet to load itself into the chamber immediately after the trigger is pulled, a machine gun (fully-automatic) releases a spurt of bullets based on the length of time the shooter is holding down the trigger. These bullet spurts are called ‘bursts’ and some machine guns even feature a ‘3 round burst’ where three shots are fired in one pull of the trigger, rather than one. Silencers Silencers – otherwise known as suppressors – are any muzzling or silencing device attached to the barrel of a gun. Its immediate purpose is to diminish the report of Suppressors come for all sorts of weapons, and have many uses. One popular use among weapon owners is for hunting. Silencing a shotgun, or rifle prior to a hunt could save you a lot of time, and allow you to not have to wear ear protection. Another common use of a silencer is to reduce the recoil of fire. This can greatly reduce firing fatigue. Ironically called a silencer, attaching a suppressor doesn’t always make the weapon ‘silent’. While accounting for 15-30 dB of noise that the silencer actually works for, much more sound (~50+dB) is still forced from the weapon on fire.
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DD’s, or destructive devices aren’t a normal title 2 weapon. There’s two types of DD’s, there are large-bore firearms as well as explosive ordinance. Large bore firearms are any weapon with a bore diameter larger than a half inch, or 12.7mm (50 calibre). The USAS-12 automatic shotgun is considered a large-bore title 2 firearm, or destructive device. Although most shotgun’s have a bore diameter or a half inch or larger, they are exempt through the fact that they are legitimate for sporting. Explosive ordinance are all of your grenades, rocket-propelled grenades, poison gas, bombs, rockets, mines, missiles, and the parts to make or construct any of those. However any rocket that contains less than four ounces of propellant remains exempt.
Any Other Weapon (AOW)
Any other weapon can legitimately be any device or item that is made into a gun. This catch-all category is defined as “any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive,” other than a pistol with a rifled barrel. This category contains improved guns and disguised firearms including cane, knife, and pen guns. An AOW can be transferred to non-prohibited civilians using a $5 stamp rather than a $200 stamp used when transferring machine guns and SBR’s. AOW’s are often misunderstood, and some less common firearms in the NFA AOW section are items like short barreled shotguns without a shoulder stock, or pistols with a secondary vertical grip. NFA – Title 2 Weapons – Machineguns, Short Barreled Rifles (SBR), Short Barreled Shotguns (SBS), Silencers (Suppressors), AOW (Any Other Weapons) and Destructive Devices Title 2 firearms are not as commonly known nor as straight forward as the Title 1s. All title 2 firearms are regulated by what’s known as the National Firearm Act or what we like to refer to as NFA. One could spend months reading about NFA but I’ll hit the major misconceptions… which are (contrary to the assumptions by many individuals and even law enforcement) that NFA weaponry. Most all 6 categories above are allowed in just about all states within the Continental United States. A few states restrict machinegun ownership, others may restrict short barreled shotguns (SBSs) or suppressors, etc.. One does not need or obtain a “Class 3” license to own. In fact there really is no such thing as a class 3 license. When a Title 1 FFL dealer pays what’s known as a Special Occupation Tax, he/she then becomes a SOT that can then deal in NFA/Title 2 weapons. SOTs have several classes too and they are based on the type of FFL license you currently hold. The term Class 3 comes from when a normal Type 1 (standard dealer) FFL holder pays his SOT tax. He becomes a Type 3 SOT hence the term Class 3. When a manufacturer likes myself (a type 7 FFL) pays his/her SOT, they become a Type 2 SOT and can both MAKE and DEAL in NFA weapons. Transferring ownership of an NFA weapon – All NFA weapons regardless of category (machineguns, silencers, etc.) are controlled during their transfership from one person/entity to another. These weapons transfer to another entity on what is called ATF tax forms. Each ownership transfer must be approved by the ATF before the transfer takes place. This approval takes sometimes many months.
Generally individual transfership is approved in 3-4 months, dealer to dealer in 3-4 weeks. When the ATF approves the transfer, they cancel a tax stamp and this is why you sometimes hear some say class 3 stamp. Transfers from/to individuals require a onetime $200 tax stamp to be paid for EACH transfer (AOWs require just a $5 stamp). These are considered tax paid transfers and usually are on ATF form 4s. Dealers can transfer to other dealers using a tax free Form 3. If a person buys a NFA item from someone outside his/her domicile (home) state, the weapon must be transferred 1st to a SOT holder within the buyer’s state. Similar to a Title 1 firearm transaction. It must go to a FFL/SOT dealer in the buyer’s state before going to the buyer. Making of NFA weapons. In May, 1986 President Reagan signed a bill that basically stopped the making of any new machineguns. All the other 5 categories (SBRs, SBSs, Silencers, AOWs and Destructive Devices) however can still be made. even by an individual if he/she first applies for and receives permission to do so. They will file an ATF Form 1 (maker form) and pay a $200 make tax fee. A civilian can still legally own any machinegun that was created PRIOR to May, 1986 as long as they get approval on the ATF form 4 discussed above. Machineguns or full-autos as they are sometimes referred command a hefty price though due to supply and demand. Remember that no civilian can possess a machinegun manufactured after May 1986 except for law enforcement so there is a finite quantity available. Your more common machineguns (M16, MP5s, etc.) are currently selling for close to $20,000!!!! Pretty pricey for a gun that basically is really worth less than $1000.00! Machineguns generally go up several thousand dollars per year and some use as investments. I have bought and made considerable profits within just a few years by buying and selling NFA machineguns. They have been legal to own since 1934 so this is nothing new to the US laws. Officials have erroneously associated their approval with liability on their part. When in all actuality, the signoff in the ATFs eyes is only to state that the individual has nothing negative in his or her NCIC check. Corporations (LLC, INC, etc.) and Trusts (Revocable) do NOT need LEO signoff (still need ATF approval) however they have tax implications and are not recommended to merely obtain NFA items.
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Written by John Hertig on The Prepper Journal.
The news these days is full of the debate about assault rifles. But what exactly are we talking about?
Many people claim that an “AR-15” is an “assault rifle”. And they are about “half” correct, because there are three possible definitions of assault rifle: the technical one, the legal one and the functional one. They also think that “AR” stands for “assault rifle” or “automatic rifle”, but they are completely wrong on that. It stands for “Armalite Rifle” after the company which invented them.
– Technically, an “assault rifle” is defined as “an intermediate-range, magazine-fed military weapon designed to be fired with two hands from the shoulder that can be set for automatic or semiautomatic fire”. Those who don’t know what they are talking about and those who want to get rid of guns and don’t mind lying to do so, have extended this to include “or semi-automatic versions of these”. Everyone agrees that the M-16 and the AK-47 are assault rifles. Some people insist that the AR-15 and the semi-automatic only version of the AK-47 are also “assault rifles”. Note that true (fully automatic) assault rifles are already very highly regulated. None can have been manufactured for civilian use since 1986, which means the limited and dwindling supply of existing registered ones has resulted in ridiculously high prices (up to $60,000). To get one you have to pass an extensive federal background check, pay a $200 transfer tax, and wait for many months. And once you have one, there are restrictions on what you can do with it which do not apply to semi-automatic only firearms.
– Legal definitions are what are specified in laws which specify “assault rifles” instead of the more accurate and politically ineffective “Modern Sporting Rifles” (MSR) or the marginally accurate “assault style rifles”, and vary from Federal to State, and from State to State. Of course, true assault rifles are already covered by the NFA (National Firearms Act of 1934), the GCA (Gun Control Act of 1968) and the FOPA (Firearm Owners Protection Act of 1986), so any law about “assault rifles” only apply to the semi-automatic versions. And these laws sometimes list specific models (such as AR-15 and AK-47) and typically (also) refer to “semi-automatic rifles which can accept a magazine removable without opening the action (or a capacity of over 10 rounds), AND have one or more ‘features’ such as a collapsible or folding stock, a thumb hole stock or pistol grip, a vertical forward grip, a bayonet lug, or a flash hider. In other words, how it LOOKS, not how it works. Under these laws, an AR-15 is an assault rifle, and a Mini-14 is not an assault rifle even though it does exactly the same thing; it just looks “less military” (even though it is a shrunken version of the M-14 military rifle).
Note: This is NOT an assault rifle “by definition” though the Editor would gladly take this into any combat situation against any other rifle.
– Functionally, if a person uses a rifle to assault someone, it is an assault rifle. Even if it is a single shot, black powder, muzzle loading rifle which is considered a “curio or relic”, is not regulated and can be ordered through the mail.
So an AR-15 is not an assault rifle by the original, unpoliticized technical definition, is usually an assault rifle by the legal definition, and is very seldom is an assault rifle by the functional definition. Oh, and guess what: No matter how any law defines “assault rifles”, there will be a way around it. So then all semi-autos will need to be addressed. And after they are no longer a factor, we will find that lever action rifles and pump action rifles and revolver rifles are pretty quick firing as well. Step by step the people will be pushed further and further into being prey for anyone who wishes to subjugate them. Just keep this in mind while we continue to discuss “assault rifles”.
Should Assault Rifles be “Banned”?
Whenever an AR-15 or other MSR is used by some fame seeking psychopath, there is a call to “ban assault rifles”.
At first glance, it would seem that the Second Amendment of the United States Constitution would prevent this. “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”. This was written after the United States had just rebelled against a tyrannical government to achieve freedom from the same, and was primarily intended to make sure that as a people, we would never be in a condition where we could not rebel against tyranny.
Thus, let’s dissect this. It starts with a “justification” clause (the reason for the amendment) and ends with an “effect” clause (the purpose of the amendment). The justification was to “ensure the security of a free (from tyranny) State (the political entity covered by the document, that is, the new United States)” And how were they going to ensure this security? With a “well regulated Militia”. In those days, the militia was considered to be every able bodied white man between the ages of 18 and 45. Under normal conditions, these people would not be actively IN the militia, but they could be called together and trained and lead (thus well regulated) if the conditions warranted. And the only way to practically do that was if “all” of them had their own personal arms and experience in their use. This means arms which are at or near to the level of sophistication of those weapons likely to be used by the tyrant’s forces. Today, the militia would include all races and probably at least some women.
Thus the “effect” clause is the most important part of the Amendment. And the effect is a “right” and the group to whom that right applies. The right is “to keep and bear Arms”, with Arms meaning weapons suitable for defense against a tyrant or tyrannical government. Otherwise, the purpose of the amendment is without value. The target group is “the people”, that is citizens of the United States. That has been massaged to be interpreted as the subset of those people who have not proven themselves to be a danger if in possession of firearms, including released criminals and the mentally unbalanced. If the justice system really did a reasonably effective job of rehabilitating criminals, than it seems obvious that after “paying their debt to society”, criminals would be able to restore this right, particularly those whose criminal acts were non-violent. Under our current justice system, current restrictions on this restoration of rights can have a case about it made both ways. As for the mentally unbalanced, they are sick and should be cured before they have ANY right which will affect the rest of society. But without ANY valid indication of danger from a person, any restriction of gun rights appears to be prohibited (“shall not be infringed”; that is limited, undermined or encroached on).
“Arms” have always been interpreted as “personal” weapons. I don’t imagine anyone, including the founding fathers, thought that squad or higher level weaponry (cannons in their day) would be either appropriate for individuals, or likely to be effective if used by an individual during a rebellion against tyranny. In 1934, the violence of prohibition resulted in the first real attack on the Second Amendment, when they decided that machine guns, sawed off shotguns and rifles, and silencers were “not appropriate for civilians“. They did not prohibit them, just regulated the heck out of them and added a ruinous tax, about half the price of a Model T car for each one transferred. They wanted to include handguns in the law, but in the end, left them out. Eventually, this law (NFA) was “gutted” for being unconstitutional. Not for violating the Second Amendment, oddly enough, but the Fifth Amendment against self incrimination. Since the weapons specified in the NFA had to be registered, and the act of registering was sometimes admission of a crime, in 1968 a new law was passed which eliminated the need for “registration”. In fact, there was no longer ANY way to register an unregistered NFA weapon after the effective date of the GCA, making all of them which were not registered by that date, illegal. The new law, which was approved by the court as being Constitutional, was the requirement for every transfer to go through a special class of dealers, ensuring that the new owner would be known to, and vetted by, the BATFE, the governmental agency tasked with administering federal firearms law. To eliminate any question of self-incrimination, it was prohibited from using the information from the transfer for any criminal indictment. With the passage of this law, any NFA weapon found in the possession of any person other than the one it was last transferred to was considered “unregistered” and resulted in $250,000 in fines and 10 years in jail for that person.
So back to the original question. Again, we need to look at the word, “banned“, being used. Technically, it means “prohibited, not allowed”. This would make possession by law abiding, non-crazy people illegal, which would seem to be an easily shown violation of the Second Amendment. Even if it could get over the hump of apparently violating the Constitution, many of these “assault rifles” are fairly high in price; often over $1000 and sometimes over $2000 or even $3000. When you add in accessories which would become useless without the rifle, you are talking about a potentially huge hit to a person’s net worth. Not to mention dealers and manufacturers and accessory makers and importers; an entire industry. Taking someone’s (previously) legally owned property without just compensation would seem to be yet another Constitutional problem. A way around this might be to “buy” them, but then you get into a mess with valuation, which is not just market value prior to the new law. And the potential for fraud would be extreme. There would be some people who just would not give them up, giving a healthy boost to the percentage of our population who would be criminals.
So it seems that banning assault rifles according to the actual meaning of the word “ban” would cause more problems than it could possibly solve.
So What Other Options are There?
There actually WAS a federal “ban” implemented. Of course, it was not REALLY a “ban”, because every existing weapon which fell under the ban could continue to be owned and used and transferred. The law specified “no more can be made or imported except for use by the government”. What was the impact? On use of these weapons in criminal acts, not much, since there were so many of them and they were not used criminally that often. Because of the complete stop to any more being produced or available, the price went up. The law had a “sunset” clause in it, and when the specified time period had elapsed (2004), the law was not renewed.
So one option would be a similar law which “grandfathers” in existing “assault rifles”. This would probably be even less effective than the last one, since the popularity of these rifles has exploded and there would be a huge supply still available. I’m sure the politicians and those who hate guns (or at least gun ownership; they don’t seem to mind hiring armed guards) will celebrate this “ban” even though once again, they misuse the term and have provided no significant effect on violence.
Another option would be to add “assault rifles” to the NFA list. I imagine the BATFE would have to get a lot bigger to handle this. And any minor reduction in violent crime would be wildly overshadowed by the loss of effectiveness of a militia called up without most of the people having any exposure to about the most effective personal weapon. Also it would be a major shift in the BATFE mission, since currently they administer the NFA law; and a new law covering “assault rifles” would need to be passed and put in their mission.
Controlling People Rather Than Things
Frankly, the “best” option would be to do nothing about “assault rifles”, because despite all the rhetoric, the GUN has nothing to do with these acts of violence. If we could just look at things clearly, we could see where really effective measures could reduce these horrible acts. First of all, quit making “gun-free zones” which are highly attractive to psychos because they may be crazy, but they are not stupid enough to ignore that if they have the only gun, they can’t be stopped. Next, I’d guess at least half these nut-jobs do it for the fame or to “make a statement”, and if it was illegal to publish their name or picture or any information about them except in the most general, non-identifiable and derogatory terms, the number of these incidents would plummet.
But although the guns are “innocent” of these events, gun OWNERS are not without some blame, by leaving guns where psychos can get them or by selling them to those who should not have them. It is not a huge problem, but it does happen on occasion. Background checks on commercial sales are fairly useful, and the current methodology is moderately effective. But it is only as effective as the databases which are used, and these need work. There are too many cases where people who should be in the database are not, and some cases where people who should not be in the database are (leading to false rejection). So, “fixing” the databases should be a high priority (this does not mean adding people who are not actually a danger, such as people who have someone else do their income taxes). There are those who claim that private sales not requiring a background check is a “loophole” to the law. As usual, these people misuse a term for their own benefit. A “loophole” is an UNINTENTIONAL misuse of a law. The exception of background checks on private sales is deliberately allowed in the law, because legal ownership of something includes the ability to sell it when it is no longer wanted or if money is suddenly needed. It is not currently possible for a private seller to do a background check, and involving a FFL is difficult and often much too expensive. Also, the checks COULD be used for an underground registration system, and that would be a problem someday (universal registration always has led to confiscation).
That being said, I would support an “instant universal background check” to include private sales IF AND ONLY IF, 1) it could be done by a private individual for free or small fee (preferably usable as a tax credit; we would be doing this for the country, not ourselves), 2) the background check was strictly on the person attempting to buy and had no indication whatsoever what gun was being purchased, 3) that any approved buyers would have their records deleted after 30 days or other reasonable time period, and 4) that any agency which maintained any records after that time period would have every employee of that agency fined, except any employee who reported the transgression would be rewarded. Any elected official which requested or required the agency do this, would be removed from office.
Alternatively, do away with background checks and issue a “good guy” card to those who undergo a background check, top level safety training and basic firearm operation training. This should be affordable for all, and would be confiscated if the person was shown to be dangerous. Then any transfer would require inspection of a current card before proceeding. Or have both systems, with the background check done for those who don’t have the card and the card used instead of the background check (like a concealed carry permit is today) for those who have it.
Conclusions
Basically gun control has limited effectiveness in reducing violence, because the gun is merely a tool of a violent person. The only people who are affected by gun control laws, are those who obey the law, and don’t commit acts of violence. And the effects on those law abiding people can be quite onerous. Any law passed will only create more victims (who no longer can be armed) and more criminals (formerly law abiding people who rebel against the new law). When the last gun is removed from civilian hands, violence will not cease; violent people will still have knives and baseball bats and hammers and fists. And they have ready access to items which can cause much more damage than guns.
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@itsalburton (Someone tag them please)
You want me to back up my bullshit? Here it is. Except you’re a little bitch and blocked me.
How Devin Kelley was allowed to buy firearms: the Air Force (aka THE GOVERNMENT) fucked up and didn’t report his conviction.
Per your source: “President Donald Trump quietly signed a bill into law Tuesday rolling back an Obama-era regulation that made it harder for people with mental illnesses to purchase a gun.The rule, which was finalized in December, added people receiving Social Security checks for mental illnesses and people deemed unfit to handle their own financial affairs to the national background check database.” You’re gonna sit here and tell me that just because Grandpa needs some help with our fucked tax code that he shouldn’t be allowed to buy a gun to protect himself after a string of robberies targeted at the elderly?
What do waiting periods have to do with anything?
Next: State felony: “Many states and agencies have an existing form for felons to apply to have their civil rights restored. Generally speaking, these forms will only be accepted if the person can prove that their life has changed and that they are reformed. The person may be required to show proof such as a steady job and ties to the community, and they may need to wait a significant amount of time before being allowed to apply. The process involves finding this form and filing it with the appropriate authorities.”
Federal felony: “ If this is the case or if a felon had his conviction given by a federal agency, they will have to file with the U.S. Attorney General's office or the Bureau of Alcohol, Tobacco and Firearms. The agency will then review an application to restore rights to bear arms.”
If it was a non-violent felony, the person can prove that they have changed their life, and it’s been approved by the same institution that revoked that right, why shouldn’t their rights be restored?
Next: “ Last year, Rep. Ken Buck (R-CO) proposed an amendment to allow all ex-felons to petition the Bureau of Alcohol, Tobacco, Firearms and Explosives for restoration of their gun ownership rights.” Key word: petition. Also, the measure didn’t even pass, they would have to petition and be approved by the ATF, so my point above still applies.
If you want to bring up the terror watch list, of which the no-fly list is a subsection, I’m just gonna laugh at you. The list is seriously fucked. Like terribly fucked. There’s also this pesky little thing called the 5th Amendment: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Which is exactly what the terror watch list ban would do.
“Military surplus” means that the government bought it with the intention of issuing it to a service member, and it is now being sold to civilians. Those firearms aren’t even “military grade”, because owning a select fire or full auto rifle, or anything regulated by the NFA, is a bitch and far, far out of most people’s price range.
So there you go. I backed up my bullshit.
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Siquijor info officers resume Pulong-Pulong amid COVID-19 pandemic
#PHinfo: Siquijor info officers resume Pulong-Pulong amid COVID-19 pandemic
SAID President and Larena LGU Information Officer Lydith Tan greeting the information officers after seven months of "hibernation" due to the COVID-19 pandemic during the SAID Pulong-Pulong/Info Sharing at the SB Session Hall in Lazi, Siquijor. (rac/PIA7-Siquijor)
SIQUIJOR, Dec. 2 (PIA) -- After seven months of calling off its monthly meetings due to the restrictions against mass gatherings amid the COVID-19 pandemic, the Siquijor Association of Information Disseminators (SAID) has recently conducted its Pulong-Pulong/Info Sharing in Lazi, Siquijor.
The association of information officers from the national offices and local government gathered on Oct. 29, 2020 at the SB Session Hall in Lazi to give updates of the different programs and services of government.
Highlights of the information sharing include the project proposals of the Philippine Ports Authority for the improvement of the ports of Larena, Lazi and Siquijor; the Abot Lahat Technical and Vocational Education and Training (TVET) programs and other services of the Technical Educations and Skills Development Authority (TESDA) offered to overseas Filipino workers (OFWs) and other sectors of society affected by the pandemic; and the education/learning service delivery of the Department of Education (DepEd) and the Siquijor State College.
PPA-Siquijor Manager Nelito Opinion presenting the project proposals for the improvement of Larena, Lazi, and Siquijor ports. (rac/PIA7-Siquijor)
The Philippine Statistics Authority also discussed the Philippine Identification System (PhilSys) which is set to start in January next year for Siquijor province, while the Department of Labor and Employment (DOLE) gave updates on its Bayanihan response to COVID-19, Project Angel, and other support services.
The Siquijor Police Provincial Office (SPPO) talked about their best practices in response to COVID-19, as well as the new logistical equipment supplies of the Philippine National Police (PNP) to enhance the services of the SPPO.
The National Food Authority (NFA) gave updates on its rice stock position and reorganization structure at the Siquijor field office, being now under the NFA-Negros Oriental.
The Department of Trade and Industry (DTI) shared about the launching and MOA signing of the Shared Service Facilities (SSF) for the wooden handicraft of the Olang Farmers Association in Olang, Maria; the Processed Beef Production project of the Catulayan Community Multi-Purpose Cooperative (CCMPC); and other regular projects and interventions under the new normal.
DA-PATCO (left) and DAR (right) information officers sharing their respective programs and services. (rac/PIA7-Siquijor)
On the other hand, the Philippine Coast Guard (PCG), Bureau of Fire Protection (BFP), Bureau of Jail Management and Penology (BJMP), Department of Agriarian Reform (DAR) and Department of Agriculture-PATCO also discussed about their respective interventions, programs, and services.
Philippine Information Agency (PIA) Information Center Manager Rizalie Calibo also discussed the Ending Local Communist Armed Conflict (ELCAC) program as the priority agenda of the current administration to attain lasting peace.
She said the issuance of Executive Order No. 70 has institutionalized the whole-of-nation approach in attaining inclusive and sustainable peace by creating a national task force to end local communist armed conflict, and directed the adoption of a national peace framework which is proof of this resolve.
She appealed to the information officers and LGUs to support the advocacy. (rac/PIA7-Siquijor/EFCalibo/SAID)
***
References:
* Philippine Information Agency. "Siquijor info officers resume Pulong-Pulong amid COVID-19 pandemic." Philippine Information Agency. https://pia.gov.ph/news/articles/1060799 (accessed December 02, 2020 at 06:02PM UTC+08).
* Philippine Infornation Agency. "Siquijor info officers resume Pulong-Pulong amid COVID-19 pandemic." Archive Today. https://archive.ph/?run=1&url=https://pia.gov.ph/news/articles/1060799 (archived).
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Will Bump Stock Owners Escape Federal Ban?
Roughly half a million bump stock owners could wake up facing felony charges on Tuesday due to a federal rule change retroactively classifying bump stocks as machine guns. That is, unless the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which made the re-classification, is overruled by the the U.S. Court of Appeals for the Tenth Circuit in Denver.
If the national debate over gun ownership is a storm, bump stocks are at its eye. ATF agents found 12 such devices, which are weapon attachments that vastly increase the discharge rate of semi-automatic weapons, in the Las Vegas, Nv., hotel room of Stephen Paddock, who used them to kill 58 people and wound over 500 other attendees at a music festival on Oct. 1, 2017.
Here’s how the ATF explained its rationale for implementing the “Bump-Stock-Type Devices Final Rule”:
[Bump stocks] allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Specifically, these devices convert an otherwise semi-automatic firearm into a machine gun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter.
By labeling bump stocks “machine guns,” the ATF effectively changed their classification under the 1934 National Firearms Act (NFA) and made them illegal under the 1968 Gun Control Act (GCA), a move which retroactively criminalizes their purchase and ownership.
That means past and future purchasers will be exposed to felony charges.
Yet the upcoming legal battle has nothing to do with whether a bump stock should be, in fact, classified as a machine gun.
Rather, the question is whether the ATF, a federal law enforcement agency within the U.S. Department of Justice (DOJ), has the authority to bypass Congress in making such a reclassification. Congress has the power to enact statutory changes to federal laws, including those concerning gun ownership.
Far from resolving the broader question of bump stocks in the short term, this case effectively sets the stage for a protracted legal and congressional dispute over the concrete definition of “machine gun,” and whether bump stocks pass muster under those terms.
The reclassification could also have collateral consequences for the firearm industry and its consumers. The ATF predicted that its regulatory change would come with a hefty price tag: a total undiscounted cost of $312.1 million over ten years.
Its figures included costs to the public for loss of property ($ 102.5 million), costs of forgone future production and sales ($198.9 million), costs of disposal ($9.4 million), and government costs ($1.3 million).
The ATF noted that its figures did not quantify the potential loss of wages for employees of bump-stock-type device manufacturers, notification to bump-stock-type device owners of the need to destroy the devices, and loss of future usage by the owners of bump-stock-type devices.
Whatever the costs, the ATF adamantly defended the Final Rule, explaining that “courts have recognized ATF’s leading regulatory role with respect to firearms, including in the specific context of classifying devices as machine guns under the NFA.”
It also argued that the reclassification of bump stocks was historically necessary, beginning with the 1986 Firearms Owners Protection Act, which froze the amount of legally transferable machine guns circulating in the general public.
This freeze caused the market value of pre-1986 automatic weapons to spike, which gave gun manufacturers a financial incentive to create devices allowing semi-automatic weapons to simulate the firing rate of automatic weapons without becoming classified as such under the NFA and GCA.
Defining the Machine Gun
Over the ensuing decades, the ATF claims to have received countless classification requests for bump-stock-type devices. In 2006, it concluded that certain bump stocks classified as machine guns under the NFA and GCA. It concluded that “devices attached to semiautomatic firearms that use an internal spring to harness the force of the recoil so that the firearm shoots more than one shot with a single pull of the trigger are machine guns.”
It also declined to classify other bump stocks that do not use a spring mechanism as machine guns, including those linked to the Las Vegas shooting. This distinction between types of bump stocks has resulted in the manufacture and sale of non-spring-loaded bump stocks to gun owners without serial numbers or background checks, respectively.
In the aftermath of the Las Vegas shooting, the ATF received requests from members of Congress and nongovernmental organizations to “reconsider and rectify” what they viewed as a classification error of non-spring-loaded bump stocks.
The ATF argues that Akins v. United States (2009) established its right to do so.
In December 2017, DOJ announced in the Federal Register that it was in the process of creating a federal regulation to interpret the meaning of “machinegun” as it relates to bump stocks. It then investigated the rule change’s import for consumers and solicited feedback from the public until January 25, 2018.
Trump Memo
In a February 2018 memorandum, Trump directed the DOJ “to dedicate all available resources to complete the review of the comments received [in response to the ANPRM], and, as expeditiously as possible, to propose for notice and comment a rule banning all devices that turn legal weapons into machine guns.”
DOJ then rolled out its official rule change in late December of last year.
It’s on these grounds that the ATF, and by extension the Trump administration, believes it is in the right.
Threat to Constitutional Freedoms?
But the New Civil Liberties Alliance (NCLA), representing Utah resident, bump stock owner, and plaintiff W. Clark Aposhian, begs to differ.
The NCLA, which describes its mission on its web site as countering the “administrative state [and its] threat to constitutional freedoms,” argues that as part of the federal executive branch, the ATF (and by extension the Department of Justice and the Office of the President itself) does not have the authority to change federal criminal law.
They also argue that the change will cause Aposhian and other bump stock owners irreparable injury, as they could face ten years of federal prison time starting March 27th, unless they destroy or surrender their bump stocks.
They filed an emergency motion for an injunction, which would halt the rule change in its tracks, pending deeper judicial review.
The NCLA motion argues:
Mr. Aposhian, like every other bump stock owner in the U.S., was explicitly informed by ATF that the device he purchased was legal to own and operate. Now, without any intervening statutory change, ATF has changed its mind and retroactively ordered Mr. Aposhian to either destroy or surrender his lawfully acquired property by March 26, 2019 or face criminal prosecution.
But this litigation is not about whether bump stocks should be outlawed. This lawsuit solely deals with the question of whether ATF, by administrative fiat, can declare bump stocks to be machine guns retroactively without a valid statutory basis [read: legislative change to the federal criminal code].
In a press release, the NCLA made an appeal to bipartisan impulses:
Congress has never acted to outlaw these devices. In fact, as Senator Dianne Feinstein (D-CA) recently stated, “Until March 2018, ATF maintained that bump stocks could not be banned through administrative action.” She also recognized that “Legislation is necessary” or any ban will not be “protected from legal challenges.”
That a conservative-leaning legal organization is suing the Trump administration for its gun control measures, and quoting a leading Democratic lawmaker in crafting its public statement, highlights the unpredictable alliances and conflicts of politics in the Trump era.
Roman Gressier is a TCR news intern. Readers’ comments are welcome
Will Bump Stock Owners Escape Federal Ban? syndicated from https://immigrationattorneyto.wordpress.com/
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Public comments on bump stock ban due Wednesday
New Post has been published on http://secondcovers.com/public-comments-on-bump-stock-ban-due-wednesday/
Public comments on bump stock ban due Wednesday
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Slide Fire Solutions SSAR-15 MOD bump stock. (Photo: Slide Fire Solutions/Facebook)
Federal regulators will close the on a pending bump stock ban this week.
The Bureau of Alcohol, Tobacco, Firearms and Explosives , potentially classifying the devices as “machine guns” under the National Firearms Act and the Gun Control Act. The policy change came at the after public fervor for government action on gun regulations reached a fever-pitch post Parkland.
Bump stocks, which mimic automatic gun fire, first gained notoriety in October after a lone gunman mowed down 58 people and injured more than 850 others on the Las Vegas strip. Attorney General Jeff Sessions described the proposal as “a crucial step in our effort to reduce the threat of gun violence that is in keeping with the Constitution and the laws passed by Congress.”
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As of Monday, more than 82,000 people regarding the rule ahead of the June 27 deadline. Many supported the proposal, insisting bump stocks “should never have been legal,” while others fear the ban will infringe on Constitutional rights.
The rule represents an about-face for the ATF, too. Back in 2010, the agency declined regulating a bump stock device submitted for review by Texas-based manufacturer Slide Fire Solutions. Rick Vasquez, the now-retired agent who made the call, stood by his decision in October after federal investigators found the same brand attached to firearms in the Las Vegas shooter’s hotel suite.
“ATF has now determined that that conclusion does not reflect the best interpretation of the term ‘machinegun’ under the GCA and NFA,” the agency said in its proposal, published in the Federal Register. “In this proposed rule, the Department accordingly interprets the definition of ‘machinegun’ to clarify that all bump-stock-type devices are ‘machineguns’ under the GCA and NFA because they convert a semiautomatic firearm into a firearm that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.”
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6 barely legal gun products that are still widely available
AP
By the time the National Rifle Association suggested that the bump stock shouldn’t be legal, the gun accessory, found attached to a dozen of the Las Vegas shooter’s weapons, had already experienced an extinction event at American retailers.
Some outlets, like Walmart and Cabela’s, removed the stocks, which allow a rifle to fire bursts of rounds at automatic speed, from their online marketplaces.
Other stores quickly sold out. With Congress considering a ban, and the public broadly opposed to the devices, it is possible they won’t come back.
But large and small retailers are still stocking many other barely legal gun accessories. At least a half dozen devices, designed to flout federal gun restrictions — or come right up the edge of legality — could be purchased as of Sunday evening, The Trace found.
1. Polymer80 unfinished Glock pistol frame
The Trace
The pistol frames are what’s known as an “80 percent” firearm. Manufacturer Polymer80 produces the part of a pistol that the ATF considers an actual firearm for the purposes of regulation. But because it is sold with excess plastic left in the handle, it doesn’t technically qualify. That means the ATF can’t trace a Polymer80 gun if it is used in a crime. The frames can also be sold without background checks.
Transforming the Polymer80 into a functioning weapon requires that the buyer remove the excess plastic with his or her own tools and add parts like a trigger.
Where sold: Brownell’s said in a press release on October 11 that it would “exclusively” sell certain models of the Polymer80. The CEO of the chain, Pete Brownell, who is also president of the National Rifle Association Board of Directors, touted the frames as ideal for hobbyists who like a bit of do-it-yourself fun. But nearly identical products sold by another company, Ghost Guns, are clearly marketed on the basis of their lack of a serial number, and the fact that their sale is totally unregulated.
Two online gun sellers, Midway USA and Rainier Arms, also stocks Polymer80 Glock frames.
2. Sig Sauer SB15 pistol stabilizing braces
The Trace
Sig Sauer and at least two other companies make a “stabilizing brace”attachment for AR-style pistols. As marketed, the part straps the gun to the shooter’s forearm to reduce shaking. But the brace can also be used as a shoulder stock, steadied by the shooter’s body so they can aim the weapon like a rifle, with their eye right against the sights.
Doing so turns the weapon into a short-barreled rifle, a weapon that is more easily concealable than a full size rifle and more powerful than a pistol. Short barreled rifles must be registered with the ATF under the National Firearms Act, but because stabilizing braces aren’t designed for rifle-style aiming, guns equipped with the accessory can be sold without registration.
Where sold: Brownell’s sells the braces, along with competitors Cabela’s, Walmart and Rainier Arms.
3. The RONI STAB
The Trace
The company’s original product, the RONI SBS, adds a stock and barrel extension to a typical semiautomatic pistol, which improves accuracy. Because the accessory turns the weapon into a short barreled rifle, it must be registered under the NFA.
The RONI STAB, like the Sig Sauer SB15, also uses a brace to get around National Firearm Act requirements.
A company spokesman says in a promotional video that the product is a way to avoid the paperwork, cost, and wait time that come with registering one’s weapon before going on to note that “the Roni STAB is intended to be used only as designed.”
Where sold: Online dealer Cheaper Than Dirt sells the STAB.
4. The Mossberg Shockwave
The Trace
Legacy gunmaker Mossberg, best known for selling traditional hunting shotguns, is also selling a weapon that just qualifies as legal under the National Firearms Act. In January, Mossberg released the Shockwave, a “personal defense” shotgun that is half an inch longer than the minimum required length.
Short barreled shotguns without shoulder stocks and less than 26 inches in length are regulated under the NFA because they are easily concealed, and were favored by criminals at the time of the law’s passage.
The product debuted to press explaining that yes, it is indeed legal. In Texas, legislators passed a law to allow the sale of short shotguns not registered under the NFA.
Where sold: Brownell’s carries the weapon, as do online retailers Bud’s Gunsand Palmetto State Armory.
5. The Black Aces Tactical
The Trace
Like the Shockwave, the Tactical barely exceeds the ATF’s minimum length for short barreled shotguns, measuring 27 inches long. Its barrel is only 8.5 inches long.
The Black Aces gun also adds a forward pistol grip, a magazine for additional ammunition capacity, and a forearm brace that can easily be used as a shoulder stock that is similar to the RONI Stab and the Sig Sauer SB 15. Should the owner actually use the brace as a stock, shouldering the weapon when firing, it would technically become an illegal short barreled shotgun, if not first registered with the ATF. The agency regulates shotguns with stocks if the weapon has a barrel shorter than 16 inches.
Where sold: The shotgun isn’t sold by any national chains, but is available at dozens of smaller outlets around the country.
6. The Binary Firing System
The Trace
Nearly all bump stocks, trigger cranks, and similar products for accelerating a semiautomatic rifle’s rate of fire have disappeared from online sellers — with one exception. The Franklin Armory Binary Firing System doesn’t allow a shooter to fire as fast as with a gun equipped with a bump stock, but it can still double a semiautomatic’s rate of fire. It works by shooting twice for each full cycle of the trigger: once when the shooter pulls the trigger, and again when it is released.
Where sold: Franklin Armory’s trigger system is sold by Optics Planet and Botach.com, though the latter store is out of stock. Online auction behemoth eBay also allows the sale of binary firing systems, even though it has banned bump stocks for years.
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Gun silencer bill tabled amid heavy scrutiny after Vegas shooting
In this photo taken Jan. 27, 2017, a handgun with a silencer and two magazines are shown at a gun range in Atlanta. (Photo: Lisa Marie Pane/AP)
In the aftermath of the mass shooting in Las Vegas, the gun lobby’s fight for bills that would limit restrictions on firearm suppressors — commonly referred to as silencers — has fallen under harsh scrutiny by gun control advocates.
The shooting at the Route 91 Harvest Festival on Sunday night was the deadliest mass shooting in recent U.S. history — killing at least 59 and injuring well over 500 as suspect Stephen Paddock picked off victim after victim from his perch on the 32nd floor of the Mandalay Bay Resort. Police say he was found with a trove of weapons, including a pair of so-called bump stocks to allow his semiautomatic firearms to fire continuously.
The shooting, only the latest mass shooting to strike nerves across the U.S., also reignited the nation’s ongoing debates over gun control and what can be done to prevent future tragedies.
After the massacre, gun control advocates called attention to a National Rifle Association-backed bill under consideration in Congress that would make it easier to buy a silencer without a background check: the Sportsmen’s Heritage and Recreation Act (or SHARE Act), which includes the “Hearing Protection Act.”
Josh Horwitz, the executive director of the Coalition to Stop Gun Violence, a pro-gun-control nonprofit, said the sound of gun shots are a warning to people to take flight, find cover and protect themselves. Making silencers more readily available, he said, would cost lives.
A Las Vegas Metropolitan Police officer stands in the intersection of Las Vegas Boulevard and Tropicana Ave. after a mass shooting at a country music festival nearby on Oct. 2, 2017 in Las Vegas, Nevada. (Photo: Ethan Miller/Getty Images)
“The idea that we want to make it easier for shooters to hide themselves, make themselves harder to detect is just absolutely ludicrous, especially when if hunters are concerned about hearing, they can wear ear protection,” Horwitz told Yahoo News on Tuesday. “We need to move toward a society that is safer and that means fewer, not more, silencers.”
Earlier in the day, House Speaker Paul Ryan announced at a news conference that the SHARE Act would be shelved indefinitely. He urged Americans to pray for Las Vegas (a familiar appeal that routinely falls flat for citizens who want concrete actions to stop gun violence) and said the bill is not currently scheduled for a vote.
“I don’t know when it will be scheduled,” Ryan said.
After the Las Vegas shooting, many politicians from both major parties expressed sympathy for the victims, but Democrats argued that the sniper attack only underscores the importance of prioritizing gun-control measures while Republicans argued that it was inappropriate to politicize a national tragedy. Similar back-and-forths have occurred after previous mass shootings.
The national debate often focuses on expanded background checks, but the issue of silencers — supporters prefer the term “suppressor” as it does not completely silence the firearm — quickly rose after the Las Vegas shooting.
Former Democratic presidential candidate Hillary Clinton was among those who pointed out that the crowd at the music festival started to flee the scene after hearing gunshots. She suggested that the death toll would have been even higher had he used a silencer.
The crowd fled at the sound of gunshots.
Imagine the deaths if the shooter had a silencer, which the NRA wants to make easier to get.
— Hillary Clinton (@HillaryClinton) October 2, 2017
NRA spokesperson and conservative pundit Dana Loesch dismissed Clinton’s point, arguing that suppressors only reduce the sound of firearms by a few decibels.
Suppressors only reduce by a few decibels, still same decibel level as a jackhammer. https://t.co/aj0AvJMZwv
— Dana Loesch (@DLoesch) October 2, 2017
Right now, private suppressor ownership is legal in 42 states and hunting with a suppressor is legal in 40. Under the National Firearms Act (NFA), prospective owners must apply through the ATF, pay a “tax stamp” of $200 and complete paperwork to demonstrate they have no felony convictions.
The Hearing Protection Act’s stated intention is to “cut through the red tape” for owning suppressors by taking it from under the scope of the NFA an establishing an “instantaneous” National Instant Criminal Background Check. The bill would also refund the $200 tax for applicants who bought a suppressor after October 22, 2015.
Gun control advocates argue that the GOP silencer legislation is driven by the gun industry’s desire to sell more accessories. But supporters of the bill say they’re being driven by practical concerns.
The bill’s lead sponsor, Rep. Jeff Duncan, R- S.C., said the legislation was “about safety — plain and simple” when he introduced it last month. He said easier access to suppressors would help protect the hearing of hunters and shooting sports enthusiasts.
“I’ve been shooting since I was a young child — beginning with plinking with a .22 rifle and dove hunting with my Dad,” Duncan said in a statement. “My hearing has been damaged because of gun noise. Had I had access to a suppressor, it may have protected me, as well as millions of other Americans, from this sort of hearing loss.”
Police block the roads leading to the Mandalay Hotel (background) and inspect the site after a gunman attack in Las Vegas, NV, on Oct. 2, 2017. At least 59 people were killed and more than 527 others wounded at a country music concert in the city of Las Vegas late Sunday night in the mass shooting. (Photo: Bilgin S. Sasmaz/Anadolu Agency/Getty Images)
Rep. John Carter, R-Texas, who co-sponsored the bill, said silencers simply protect the hearing of shooters and that of their hunting dogs, and that they do not “make guns silent or dangerous.”
“The Duncan-Carter Hearing Protection Act is common sense legislation that increases safety while shooting, allowing people to easily hear and react to range safety officers and fellow hunters,” Carter said.
Pro-gun groups often blame the misconception that silencers reduce a gun’s sound to an undetectable blip on Hollywood films. Even though some right-wing websites like Breitbart have started calling silencer “leftist-speak for suppressor” that is “intended to give the impression that suppressors completely mute a gun,” the NRA has said, “the terms are synonyms.”
The Federal Bureau of Investigation (FBI) is assisting the Las Vegas Metropolitan Police Department in investigating the shooting.
The Bureau of Alcohol, Tobacco, Firearms and Explosives has not yet publicly identified the 23 firearms that the suspect reportedly had — though several photographs of his firearms have been leaked to the press. Regardless, silencers are available for assault rifles like the Bushmaster XM15-E2S, which was used in the Sandy Hook Elementary School shooting in December 2012.
The FBI is asking anyone who has video or photos of the Las Vegas shooting to call 1-800-CALL-FBI (225-5324).
Read more from Yahoo News:
A surreal scene as Las Vegas returns to business after Sunday massacre
Portrait of a mass killer: The details don’t add up
Las Vegas, a ‘soft target,’ long feared an attack
Now I Get It: Why haven’t authorities named Las Vegas gunman a terrorist?
Photos: Scenes from the Las Vegas mass shooting
Photos: The front page: How newspapers portrayed the Vegas massacre
Photos: Makeshift memorials pay tribute to Las Vegas shooting victims
#_author:Michael Walsh#_revsp:Yahoo! News#_uuid:aba06c8a-3087-3f9b-8490-7eed19790cb3#_lmsid:a077000000CFoGyAAL
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