Posted: Tue Dec 06, 2005 7:38 pm Post subject: Important NFAOA item in December 1st issue of SHOTGUN NEWS
Joined: 22 Feb 2005
The National Firearms Act Owners Association (NFAOA) is on page 74 of the December 1, 2005, issue of SHOTGUN NEWS (same as Newsstand Issue December 12), which is being mailed out to subscribers right now.
What's on page 74 is a full-page paid advertisement asking for support of H.R. 2088, the Veterans Heritage Firearms Act of 2005, introduced by Rep. Jim Gibbons (R-Nevada). The proposed Act would establish a 90-day amnesty for certain Veterans who served outside the continental United States from 1934 to 1968 and brought or sent War Trophy firearms back to the United States, to register the firearms. The legislation would also extend the right to register to the Veteran's lawful heir(s).
What else is on page 74 is a reproduction of the 1-page letter that Rep. John Boozman (R-Arkansas) sent to the Department of Justice Inspector General (OIG) requesting an audit/investigation of ATF's administration of the War Trophy program created by the military during World War II, which ran from approximatley 1943 to 1946; as well as ATF's administration of the 1950s-era DEWAT program.
The purpose of the audit/investigation is to establish a reliable legislative history and basis for Congressional findings, as part of the process of moving H.R. 2088 out of committee for a vote.
You can have an effect on H.R. 2088 as well as the OIG's audit/investigation by (1) writing to your Congressional representatives about any concerns you may have, and (2) asking your Congressional representatives to contact Rep. Gibbons and Rep. Boozman to let them know you support their efforts, and---importantly---ask your Congressional representatives to contact the Department of Justice Inspector General, Glenn Fine, to request that he take your concerns into account in designing the audit/investigation of the NFRTR, and to also request a copy of the final report of the audit/investigation.
If several hundred of you took the time to do this, and the resulting letters resulted in several hundred requests by Members of Congress to the Department of Justice Inspector General to look at certain things during his audit/investigation of the NFRTR, it will have more force and effect than can possibly be described here.
Think about it. You've got a world of new circumstances to gain, and only the ATF chains to lose. Go for it.
Eric M. Larson
HR 2088 is as close as we are going to get to repealing or altering the machinegun prohibition of 1986 during this and probably the next congress.
NFA owners should be particularly interested in this.
And as the son of a veteran yeah that would be nice. For me anyways.
What about everyone else?
The answer is to repeal the NFA or at least amend it to allow FA registering again.
Since it's so easy to get these things on the Presidents desk (or so say the Reagan critics) this should be passed with no problem.
Um, the NFA of 34 allows registering of everything.
It was the 68 GCA that said no more imported MGs and the 86 FOPA that said no more domestic MGs.
Um, I think those of us who criticized his ACTION in that one instance were arguing the exact opposite...
That a mg ban repeal is an infinitely harder thing to accomplish than preventing it from becoming law.
But I can discern what you are arguing. You beleive an mg repeal is just as hard to pass as a FOPA type peice of legislation.
Nope. Apples and oranges. An MG ban repeal carries the stigma of MACHINE GUNS which every American knows is evil and shouldn't be in private hands. It has NO chance of sneaking in under the radar.
FOPA, on the other hand doesn't carry NEARLY the amount of bad press. Also it has much better chance of support from Democrats from rural districts (more hunting crowd support). We can't even get more than a tiny fraction of the gun owning community to support a repeal of the MG ban.
FOPA did have bad press.
At least it had support from one major party.
An MG repeal has virtually no support from either party.
I'm not a MG owner and my rep is an asshole, but I'll write/call the NRA to see if they'll support it.
Well actually in 1986 the FOPA was viewed by many as an attempt to overturn "reasonable gun control" which had been necessary since 1968. It wasn't a terribly popular idea either.
We will always be the Democratic boogeyman. Hell even the sunset of the AW Ban was characterized as Uzis and AK-47s flooding the streets.
In Before The CIII Collectors Lobby Congress To Keep Them Illegal In Order To Keep MG Values Inflated....
PEOPLE, WAKE THE FUCK UP!
20 years from now when you're retiring, and you want to spend your hard earned money on an MG, you can forget it.
20 years from now, even Mac-10s will likely cost $8,000. Good luck buying a M16 of any sort 20 years from now... at current market trends, they'll be $40,000 minimum in 20 years.
IF YOU EVER WANT TO OWN A FULL-AUTO, SHITCAN THE 86 FOPA NOW WHEN YOU CAN. FOR CHRIST'S SAKE, START WRITING LETTERS!!!
just got my second reply back from the reps here..both in favor of repealing 922(o)
Bump heres the text
H. R. 2088
To provide an amnesty period during which veterans and their family mem-
bers can register certain firearms in the National Firearms Registration
and Transfer Record, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 4, 2005
Mr. GIBBONS (for himself, Mr. OTTER, Mr. KENNEDY of Minnesota, Mr. SES-
SIONS, Mr. JONES of North Carolina, Mr. MILLER of Florida, Mr. CAN-
NON, Mr. BURTON of Indiana, Mr. GOODE, Mr. KINGSTON, Mr. BRAD-
LEY of New Hampshire, Mr. TERRY, Mr. BAKER, Mr. WHITFIELD, Mr.
BARRETT of South Carolina, Mr. BACHUS, Mr. BOOZMAN, Mr. TIBERI,
Mr. BISHOP of Utah, Mr. WILSON of South Carolina, Mr. BARTON of
Texas, Mr. DUNCAN, Mr. SHUSTER, Mr. HOSTETTLER, Mr. MCCOTTER,
Mr. HEFLEY, Mr. ISSA, Mr. SIMPSON, Mr. TANCREDO, Mr. SHIMKUS,
Mr. PEARCE, Mr. KING of Iowa, Mr. PETERSON of Pennsylvania, Mr.
SALAZAR, Mr. KUHL of New York, Mr. HALL, Mr. MOLLOHAN, Mr.
FRANKS of Arizona, Mr. SOUDER, Mr. ROGERS of Alabama, Mr. AKIN,
Mr. BURGESS, Mr. CRAMER, Mr. CUNNINGHAM, Mr. BARTLETT of Mary-
land, Mr. ROSS, Mrs. EMERSON, Mr. HUNTER, Mr. TAYLOR of Mis-
sissippi, Mr. DEAL of Georgia, Mr. HERGER, Mr. FEENEY, Mr. LEWIS
of Kentucky, and Mr. CALVERT) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the Com-
mittee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
To provide an amnesty period during which veterans and
their family members can register certain firearms in
the National Firearms Registration and Transfer Record,
and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ``Veterans' Heritage
5 Firearms Act of 2005''.
6 SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER
7 QUALIFYING FIREARMS.
8 (a) REGISTRATION.--Subject to such regulations as
9 the Attorney General may prescribe, the applicable veteran
10 or a member of such a veteran's family, who owns and
11 possesses a qualifying firearm, may register such firearm
12 in the National Firearms Registration and Transfer
13 Record (described in section 5841 of the Internal Revenue
14 Code of 1986) during the amnesty period.
15 (b) QUALIFYING FIREARM.--
16 (1) IN GENERAL.--For purposes of this section,
17 the term ``qualifying firearm'' means any firearm
18 which was acquired--
19 (A) before October 31, 1968; and
20 (B) by a veteran, while such veteran was
21 a member of the Armed Forces and was sta-
22 tioned outside the continental United States.
23 (2) PRESUMPTION OF VALIDITY.--With respect
24 to any firearm, in the absence of clear and con-
25 vincing evidence to the contrary the Attorney Gen-
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1 eral shall accept as true and accurate any affidavit,
2 document, or other evidence submitted by an indi-
3 vidual to establish that such firearm meets the re-
4 quirements of paragraph (1).
5 (c) HEARINGS.--If the Attorney General determines
6 that any individual may not register a firearm under sub-
7 section (a) during the amnesty period, the Attorney Gen-
8 eral, upon the request of such individual, shall--
9 (1) provide such individual any evidence on
10 which the Attorney General's decision is based; and
11 (2) promptly hold a hearing to review such de-
13 (d) LIMITED IMMUNITY.--
14 (1) CRIMINAL LIABILITY UNDER TITLE 18.--
15 Any individual who registers a firearm under sub-
16 section (a)--
17 (A) shall be treated, for purposes of sub-
18 sections (a)(3) and (o) of section 922 of title
19 18, United States Code, as having lawfully ac-
20 quired and possessed the firearm before the
21 date of the enactment of chapter 44 of such
22 title and each of such chapter's provisions; and
23 (B) shall not be liable under chapter 44 of
24 title 18, United States Code, for any violation
25 of such chapter which--
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1 (i) is based solely on such individual's
2 ownership, possession, transportation, im-
3 portation, or alteration of such firearm;
5 (ii) occurred before or concurrent with
6 such registration.
7 (2) CRIMINAL LIABILITY UNDER INTERNAL
8 REVENUE CODE.--Except as provided in paragraph
9 (3), any individual who registers a firearm under
10 subsection (a) shall not be liable under chapter 53
11 or 75 of the Internal Revenue Code of 1986 for any
12 violation of such chapters which relates to such fire-
13 arm and which occurred before or concurrent with
14 such registration.
15 (3) TRANSFER TAX LIABILITY.--Paragraph (2)
16 shall not affect the liability of any individual for any
17 transfer tax imposed under section 5811 of the In-
18 ternal Revenue Code of 1986.
19 (4) ATTEMPTS TO REGISTER.--In the case of
20 an applicable veteran or a member of such a vet-
21 eran's family who attempts to register a qualifying
22 firearm in the National Firearms Registration and
23 Transfer Record at a time other than during the
24 amnesty period, paragraphs (1), (2), and (3) shall
25 apply with respect to such individual if such indi-
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1 vidual surrenders such firearm to a law enforcement
2 agency not later than 30 days after notification by
3 the Attorney General of potential criminal liability
4 for continued possession of the firearm.
5 (e) FORFEITURE.--Any firearm registered under
6 subsection (a) shall not be subject to seizure or forfeiture
7 under chapter 53 or 75 of the Internal Revenue Code or
8 chapter 44 of title 18, United States Code, for any viola-
9 tion of such chapters which relates to such firearm and
10 which occurred before or concurrent with such registra-
12 (f) NOTICE; FORMS; MAILBOX RULE.--
13 (1) NOTICE OF AMNESTY PERIOD.--The Attor-
14 ney General shall provide clear printed notices pro-
15 viding information regarding the amnesty period and
16 registering a firearm during such period. To the ex-
17 tent feasible, the Attorney General shall ensure that
18 such notices are posted in post offices, law enforce-
19 ment buildings, buildings of the Department of Vet-
20 erans Affairs, and in the businesses of licensed fire-
21 arms dealers.
22 (2) FORMS.--The Attorney General shall make
23 available any forms necessary for registering a fire-
24 arm in the National Firearms Registration and
25 Transfer Record. To the extent feasible, the Attor-
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1 ney General shall make such forms available in the
2 locations referred to in paragraph (1) and through
3 the website for the Bureau of Alcohol, Tobacco,
4 Firearms, and Explosives.
5 (3) MAILBOX RULE.--For purposes of this sec-
6 tion, the Attorney General shall treat any form that
7 is postmarked during the amnesty period as received
8 during the amnesty period.
9 (g) DEFINITIONS.--For purposes of this section:
10 (1) AMNESTY PERIOD.--The term ``amnesty pe-
11 riod'' means the 90-day period beginning on the date
12 that is 90 days after the date of the enactment of
13 this Act.
14 (2) FIREARM.--The term ``firearm'' has the
15 meaning given such term in section 5845 of the In-
16 ternal Revenue Code of 1986, except that such term
17 does not include--
18 (A) any device described in subsection
19 (f)(1) of such section; or
20 (B) any combination of parts--
21 (i) designed or intended for use in
22 converting any device into a device de-
23 scribed in subparagraph (A); or
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1 (ii) from which a device described in
2 subparagraph (A) may be readily assem-
4 (3) APPLICABLE VETERAN.--With respect to
5 any firearm, the term ``applicable veteran'' means
6 the veteran described in subsection (b)(1)(B).
7 (4) VETERAN.--The term ``veteran'' has the
8 meaning given such term in section 101(2) of title
9 38, United States Code.
10 (5) FAMILY.--The term ``family'' means, with
11 respect to a veteran, the grandparents of such vet-
12 eran, the grandparents of such veteran's spouse, the
13 lineal descendants of such grandparents, and any
14 spouse of such a lineal descendant. A spouse of an
15 individual who is legally separated from such indi-
16 vidual under a decree of divorce or separate mainte-
17 nance shall be treated as such individual's spouse for
18 purposes of this paragraph. Individuals related by
19 the half blood or by legal adoption shall be treated
20 as if they were related by the whole blood for pur-
21 poses of this paragraph.
22 (6) CONTINENTAL UNITED STATES.--The term
23 ``continental United States'' means the several
24 States and the District of Columbia, but does not in-
25 clude Alaska or Hawaii.
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1 SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.
2 (a) TRANSFER FORFEITED FIREARMS MUSE-
4 (1) IN GENERAL.--The Attorney General shall
5 transfer each firearm which has been forfeited to the
6 United States to the first qualified museum that
7 submits a request for such firearm in such form and
8 manner as the Attorney General may specify.
9 (2) DESTRUCTION OF FORFEITED FIREARMS
10 PROHIBITED.--The Attorney General shall not de-
11 stroy any firearm which has been forfeited to the
12 United States until the end of the 5-year period be-
13 ginning on the date of such forfeiture.
14 (3) CATALOGUE OF FIREARMS.--With respect
15 to each firearm which is available to be transferred
16 to a museum under paragraph (1), the Attorney
17 General shall, not later than 60 days after the for-
18 feiture of such firearm, publish information which
19 identifies such firearm (including a picture) on the
20 web page of the Bureau of Alcohol, Tobacco, Fire-
21 arms, and Explosives. Such information shall be
22 available to the public without cost and without re-
24 (4) REGISTRATION OF FIREARMS.--Any firearm
25 transferred under paragraph (1) to a qualified mu-
26 seum shall be registered to the transferee in the Na-
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1 tional Firearms Registration and Transfer Record
2 (described in section 5841 of the Internal Revenue
3 Code of 1986).
4 (5) FIREARM.--For purposes of this subsection,
5 the term ``firearm'' means any firearm (as defined
6 in section 2(g)(2)) which is treated as a curio or
7 relic under chapter 44 of title 18, United States
9 (6) QUALIFIED MUSEUM.--For purposes of this
10 subsection, the term ``qualified museum'' means--
11 (A) any museum owned or operated by a
12 unit of Federal, State, or local government; and
13 (B) any museum which--
14 (i) is open to the public;
15 (ii) is incorporated as not-for-profit
16 corporation under applicable state law;
17 (iii) may possess a firearm in the col-
18 lection of the museum under the laws of
19 the State in which the collection of the mu-
20 seum is displayed;
21 (iv) holds a license under chapter 44
22 of title 18, United States Code, as a col-
23 lector of curios or relics; and
24 (v) certifies to the Attorney General
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1 (I) the museum is not engaged in
2 the trade or business of buying or
3 selling firearms,
4 (II) with respect to the transfer
5 of any firearm under paragraph (1),
6 the museum is not requesting the
7 transfer of such firearm for purpose
8 of sale, and
9 (III) the museum shall, not later
10 than 90 days after the date on which
11 such museum ceases operations, file
12 an application pursuant to chapter 53
13 of the Internal Revenue Code of 1986
14 to transfer any machinegun trans-
15 ferred to the museum under para-
16 graph (1) to an entity or person who
17 may lawfully possess such machinegun
18 under section 922(o) of title 18,
19 United States Code, or abandon such
20 machinegun to Federal, State, or local
21 law enforcement authorities.
22 (b) TRANSFER MACHINEGUNS MUSEUMS.--
23 Section 922(o)(2) of title 18, United States Code, is
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1 (1) in subparagraph (A), by striking ``or'' at
2 the end;
3 (2) by redesignating subparagraph (B) as sub-
4 paragraph (C); and
5 (3) by inserting after subparagraph (A) the fol-
6 lowing new subparagraph:
7 ``(B) a transfer to or by, or possession by, a
8 museum which is open to the public and incor-
9 porated as a not-for-profit corporation under appli-
10 cable State law; or''.
Thanks Matt, I was wondering where I could see the entire bill.
Actually that would be a very bad idea with disasterous consequences. But I think people WILL be interested in getting rid of the Domestic MG Ban that was part of the FOPA.
Well, you know what I mean.
I don't know about you guys, but I'm 20 right now, and I want to be able to afford MGs 10 years from now, dammit!
i wonder if that would include certain part groups as well
You heard the man.
Let's repeal the machinegun ban.
Vote for me as president in a little over a decade and I'll just use executive power to get rid of the various bans.
the only way any of these illegal, unlawful, and unconstitutional bans will be repealed......
is to vote from the rooftops
Tag for work.
Since it would be very hard to repeal the MG ban I always thought that it would be possiable to pass a total amnisty that would be for like 2 weeks every year. You could just bring in anything that would be NFA, have it registered and out the door you go 10 minuits later. This would allow anything thats found in lakes or in the frames of houses to be legaly registered and not be destroyed.
Write your rep and request an audit of the NFRTR and the NFA in general at the very least.
Everyone would be "finding" long-lost machineguns.
Only if you or your dad is currently sitting on an unregistered MG that he snuck back from a war overseas.
Amazing how many stens you can pick up as a pilot flying a P-3 over the gulf of Tonkin...
This does not even come close to repealing the part
of the '86 FOPA which "disallows" registering MG's.
This will not cause new M-16's to become available.
We need a TOTAL repeal of the part that forbid's
the registration of ANY MG!
In fact, while they are at it, why not just let people
purchase them on a 4473.
And let's start sellling them thru the CMP program
Oh crap, we're dreaming...................
If you run for president, you've got my vote.
Even if 922(o) was repealed it would still be illegal to register an unregistered machinegun
Actually no it would not be. 922(o) is why they will not accept the registration paperwork and tax money. If 922(o) were repealed and the BATFE still refused to accept those payments, then the NFA no longer is a revenue generating measure and is by all rights unconstitutional(well spesific parts of it).UNITED STATES v. ROCK ISLAND ARMORY, INC and as far as I know this ruling still stands and has been cited in several other cases.
With 922(o) gone there is nothing to say that you can not register a previously unregistered MG, otherwise how would one be able to make one then......
I'm talking about war bring backs covered in HR 2088
Does anyone have some sample letter for everyone top mail out like before the AWB??
This would make it easy for alot of people to participate.
Copy/paste the letter and mail.
That would be a good idea.
Maybe I can draft one.
So when is the bill going to be introduced to do away with the NFA of 34' permanently?
Dear Rep/Senator XXX,
I am writing today about the Department of Justice Inspector General (OIG) audit and investigation into the National Firearms Registration and Transfer Record (NFRTR) and ATF's administration of the War Trophy program created by the military during World War II, which ran from approximatley 1943 to 1946; as well as ATF's administration of the 1950s-era DEWAT program. This audit has been officially requested by Rep. John Boozman of Arkansas.
My concerns about this are……………………………………………….
I would like to request a copy of the final report of the audit/investigation. Thank you for your attention to this matter and have a nice day.
BTT for interested persons
Ahhhh missed that thanks.
I tried to do that once, but they turned me back saying I wasn't registered to vote at that location.
I suppose we would use chicago style voting next time the polls open.
btt with sample letter above (modify for your use and send it out!)
will be sending this info with NO check to the RNC this year.
Thanks for the sample letter.
Our "elected representatives" (the Evil Overseers) have about a "0.00"% interest in letting their constituents (that's you and me, you know, Peasants) have any weapon capable of automatic fire......they don't trust us....
But I'm supposed to send them a letter telling them to give my rights back?.........
Thanks, I'll be doing just that. I've been saying that repealing the FOPA would do a lot for us for years, but most people (most prominently the ones with hundreds of thousands of dollars of Class III inventory) say that it is a) impossible and b) would take away hard fought firearms freedoms.
Now send it!