The National Firearms Act (NFA) was enacted by Congress on June 26, 1934, in response to the rise of organized crime during the Prohibition era. High-profile incidents like the 1929 St. Valentine’s Day Massacre highlighted the use of machine guns in violent crimes, particularly the Thompson submachine gun, which became a symbol of organized crime. To combat this, the NFA aimed to discourage the use and proliferation of certain firearms and accessories by imposing a $200 tax on their manufacture and transfer. At the time, this fee was equivalent to over $4,000 in today’s dollars.
Weapons Regulated by the National Firearms Act
The NFA regulates six primary categories of weapons:
1. Machine Guns
– Defined as firearms capable of firing continuously with a single pull of the trigger.
– The Firearm Owners Protection Act of 1986 prohibited civilian ownership of machine guns manufactured and registered after its enactment. Currently, only pre-1986 machine guns can be owned by civilians, while newer models are reserved for military and law enforcement.
2. Short-Barreled Rifles (SBRs)
– Defined as having barrels shorter than 16 inches or an overall length of less than 26 inches.
– Barrel length is typically measured by inserting a dowel rod into the barrel, marking it, and measuring the length.
3. Short-Barreled Shotguns (SBSs)
– Defined as having barrels shorter than 18 inches or an overall length under 26 inches.
4. Suppressors (Silencers)
– Devices that reduce the noise of firearm discharge.
– Whether purchased fully assembled or built from regulated parts, suppressors and their components are subject to NFA regulation.
5. Destructive Devices
– Includes explosives, bombs, grenades, large rockets, and firearms with large bore diameters.
6. Any Other Weapon (AOW)
– Encompasses concealed or disguised firearms, such as guns designed to look like pens, umbrellas, or cigarette lighters.
– Also includes hybrid firearms and modifications, such as vertical foregrips added to pistols, which alter their design and require two-handed operation.
Legislative History and Modifications
Although the NFA has remained largely unchanged since 1934, there have been a few significant updates:
– Gun Control Act of 1968:
Expanded the NFA’s scope to include destructive devices and machine gun parts while updating registration rules.
– Firearm Owners Protection Act of 1986:
Prohibited civilian ownership of machine guns manufactured after 1986.
Over time, opinion letters and technological advancements have clarified the requirements for specific weapons. However, the core structure of the NFA remains intact.
System of Regulation
The NFA operates through a system of application, registration, and taxation. All regulated items must be registered in a national database, which includes detailed information about the weapons and their owners. Noncompliance—such as possessing an unregistered NFA item—is considered a felony. This framework has proven effective in reducing the use of these weapons in crimes due to their restricted availability and the severity of penalties for illegal possession.
Modern Debate
Despite its effectiveness, the NFA continues to be a polarizing issue in American politics. Gun control advocates have proposed extending similar regulations to all firearms. However, these suggestions have faced significant opposition, leaving the NFA’s principles largely unchanged in recent years.
This structure presents the NFA’s historical context, categories of regulation, legislative updates, and its ongoing impact in a more streamlined manner.
The Hearing Protection Act: Current Status