How Should The National Firearms Act Be Reformed?

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How Should The National Firearms Act Be Reformed?

United States – -(AmmoLand.com)- How Second Amendment supporters address the potential threat posed by the National Firearms Act to our Second Amendment rights is something that has to be planned starting today, BEFORE the attacks in the wake of a successful court ruling come. Failing to plan is planning to fail, and failure should not be an option.

The first thing to understand is that outright repeal of the National Firearms Act is not happening any time soon. What can be done is to reform the process by which firearms (and certain accessories) covered under this act are transferred, as part of an incremental approach to securing our rights. Yes, this is the “incrementalism” approach – one that has been highly successful over the last three decades on concealed carry.

The fact of the matter is that when we are taking on highly onerous legislation, taking it all out in one fell swoop only happens with a massive stroke of luck, or it provokes a massive backlash. Trusting luck is foolish enough – provoking a massive backlash is stupid, given the nature of our enemies. But as the recent signing of constitutional carry in Texas shows, incrementalism works.

So, what incremental steps can be taken when it comes to the National Firearms Act?

Much will depend on just what the legislative and political landscape will look like. As a given, the current anti-Second Amendment extremist regimes in the House, Senate, and White House be defeated at the ballot box before any reform can be taken. But once we have a pro-Second Amendment Congress and White House, what do we pursue?

First, Second Amendment supporters can modernize the NFA process. This is one example where the “lemon” of the National Instant Background Check System (NICS) can be turned into lemonade. Changing the process from one that depends on local law enforcement certification to an FBI background check would probably go over well with the American people. The tax stamps could then be paid as a surcharge to NICS. Such a bill would not create a perfect situation by any means, but it would represent a good “first step.”

If the situation permits, then Second Amendment supporters might be able to push for repeal of both the 1986 Hughes Amendment and the 1968 restrictions on imports. At the same time, nothing would prevent adding the Hearing Protection Act and the Home Defense and Competitive Shooting Act to the NFA reform measure. But the important point is to defang the NFA as a potential tool for harassing and obstructing efforts to exercise Second Amendment rights.

To do that, Second Amendment supporters need to work to oust the current anti-Second Amendment regimes in the House, Senate, and White House, and they need to support NRA-ILA and NRA-PVF.


About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.Harold Hutchison

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Roland T. Gunner
Roland T. Gunner
29 days ago

With a Bic lighter and a large ash tray.

DDS
DDS
1 month ago

Convert Alcohol, Tobacco, and Firearms into a chain of neighborhood convenience stores.

Laddyboy
Laddyboy
1 month ago

I would LOVE to OUST the communists in OUR government. However, it is very hard to do that when the VOTE COUNTERS — ARE USING FRAUDULENT COUNTING EQUIPMENT!!!!!!

Knute
Knute
1 month ago
Reply to  Laddyboy

When the ballot box and the jury box have both become corrupted, only the ammo box is left. But that box is hard to corrupt!
https://www.johnlocke.org/update/liberties-dependent-upon-the-ballot-box-the-jury-box-and-the-cartridge-box/

DIYinSTL
DIYinSTL
1 month ago

We all like to beat up on Harold for doing his job, but in this instance he is right. The NFA has as much chance of being removed as Kamala Harris has of becoming an effective and much loved President known for championing individual liberties. To Harold’s question: Remove short barreled rifles from the NFA. With the technological advancements in handguns and ammunition over the past 100 years, the concept of a SBR as an extra deadly concealable weapon is an anachronism. It’s removal will also end the ignorant argument and wasted resources concerning arm braces. Remove “silencers/mufflers” from the… Read more »

Last edited 1 month ago by DIYinSTL
Roland T. Gunner
Roland T. Gunner
29 days ago
Reply to  DIYinSTL

Harold is absolutely, dead wrong, just like every other time he opens his binky hole.

swmft
swmft
1 month ago

should be brought in front of scotus and sunk it was set up by demoncrats as first step in confiscation just does not apply to criminals https://en.wikipedia.org/wiki/Haynes_v._United_States it is not crime control

JPM
JPM
1 month ago

Complete and absolute repeal of the act and getting rid of the BATFE is the ONLY effective way. Anything else is supporting and encouraging the act and BATF. Any compromise of your Constitutional rights is failure.

JohnLloydScharf
JohnLloydScharf
1 month ago

Redefine the mission of the ATF to be a consumer protection agency while taking away its law enforcement status. Disarm all ATF agents.

swmft
swmft
1 month ago

dump it and try agents who committed crimes under guise of law

JohnLloydScharf
JohnLloydScharf
1 month ago
Reply to  swmft

They have qualified immunity. 241 and 242 do not apply because they follow federal department policy. The bottom line would still be ignorance of the law as an excuse under 135 S. Ct. 530 (2014)Nicholas Brady HEIEN, Petitioner v. NORTH CAROLINA. No. 13-604. Supreme Court of United States. Argued October 6, 2014.Decided December 15, 2014. All government agents have privileges and immunities under law and justified by Supreme Court case law decisions. In 1770, Adams defended the British soldiers who were charged with committing murder at the Boston Massacre saying, “Facts are stubborn things; and whatever may be our wishes,… Read more »

Laddyboy
Laddyboy
1 month ago

TRUE —– unless you happen to be a DemoKKKrat!!!!!!!!!!

JohnLloydScharf
JohnLloydScharf
1 month ago
Reply to  Laddyboy

Democrats have this immunity REGARDLESS of qualified immunity. I doubt you read what I wrote. Do not troll me again.

Roland T. Gunner
Roland T. Gunner
29 days ago

Fine; just hang them.

JohnLloydScharf
JohnLloydScharf
29 days ago

 Deadly force is justified only when undertaken to prevent imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent. 

Roland T. Gunner
Roland T. Gunner
28 days ago

No, here in Texas we recognize, some folks just need killing.

JohnLloydScharf
JohnLloydScharf
28 days ago

That is why Texas is full of fools and did not allow people to be armed in bars or churches until the last five years. Texas is full of fools who kill without justification and THEN end up executed themselves.

Roland T. Gunner
Roland T. Gunner
28 days ago

Dont be squeamish.

JohnLloydScharf
JohnLloydScharf
28 days ago

If this is reference to the use of deadly force, if you consider that squeamish, then you are too incompetent to have a sharp object. My statement is verbatim from the nationally recognized expert on self-defense in the courts and President of the Second Amendment Foundation. How can you be so ignorant? Why not just execute yourself, if you are so keen on killing? Is it that you are so hateful of your own live that you have no respect for that of others? What a pathetic personal attack. Child, I have had to use force, legally, many times.  The… Read more »

JohnLloydScharf
JohnLloydScharf
28 days ago

Child, I have had to clean a body, including an enema, to prepare them for burial after listening to a man take his last breath. I was trained as an EMT, but he had lung cancer and signed a DNR. The head RN assigned another RN and myself to the job. Thinking back on it, both of us were smokers. When an extremely mentally challenged girl was dying with liver failure it gagged other staff to change her diaper, so they sent me. When my [step] Dad, who raised me, was dying in critical care. My mother, an LPN, left… Read more »

SGT_Wombat
SGT_Wombat
1 month ago

The ATF should be a convenience store.

DIYinSTL
DIYinSTL
1 month ago
Reply to  SGT_Wombat

ATFE, don’t forget the “E.” Every strip mall with Alcohol, Tobacco, and Firearms stores should also have a fireworks stand.

Roland T. Gunner
Roland T. Gunner
28 days ago
Reply to  DIYinSTL

Yup, and I sure wish the would give us our cherry bombs back. Ordinary everyday firecrackers just arent enough fo a good Huey model.

JohnLloydScharf
JohnLloydScharf
1 month ago
Reply to  SGT_Wombat

Government agencies are forbidden from competing in private enterprise. Also, your are more likely to be shot as a convenience clerk than to be in law enforcement. On that subject, I was working a prison recreation yard next to the weight pile. At the end of my shift, the guy who replaced me was hit with a weight bar by an inmate. Nasty concussion that made him resign for a “safer” job at a convenience store. He was injured by a robber.

Henry Bowman
Henry Bowman
1 month ago

Little Quisling Harold… you’re a FUDD. We don’t want “reform” of infringements, we want ABSOLUTE REPEAL!

Also, ABOLISH THE BATF!

Elmer Fudd Im the NRA.png
Don
Don
1 month ago
Reply to  Henry Bowman

This constant bashing of Harold is childish. It is downright stupid to keep up the drumbeat of criticism. You guys are idiots.

Henry Bowman
Henry Bowman
1 month ago
Reply to  Don

What you fail to grasp is that stupidity, and fuddery in particular, requires punishment. Nobody likes a shill, either. Harold gets the trifecta.

FUDDERY Will be Dealt With.png
Roland T. Gunner
Roland T. Gunner
29 days ago
Reply to  Don

Awe, does your vagina hurt?

JohnLloydScharf
JohnLloydScharf
29 days ago

You sound like an anonymous troll intent of provoking readers into displaying emotional responses, or manipulating their perception with your inflammatory, insincere, digressive, extraneous, and off-topic comment. 

Roland T. Gunner
Roland T. Gunner
28 days ago

Yup. You got me.

CourageousLion
CourageousLion
1 month ago

Harold, Harold, Harold…how did the NFA get into place? Was it “incrementalism” or did they simply shove it down our throats? I’d say it needs to go away the same way it came into existence. ALL AT ONCE with FULL SUPPORT of the CONSTITUTION.

Last edited 1 month ago by CourageousLion
JohnLloydScharf
JohnLloydScharf
1 month ago
Reply to  CourageousLion

If incrementalism did not work, Democrats would have no powers at all.

Roland T. Gunner
Roland T. Gunner
1 month ago

Harold “Beau” (as in Geste) Hutchins! Sometimes I make myself laugh, I am so funny.

Roland T. Gunner
Roland T. Gunner
1 month ago

Let NRA finally step up to the plate, and perhaps others will follow.

Tionico
Tionico
1 month ago

Harold, WAKE UP!!!! Full repeal of the entire act is the ONLY Constitutional remedy.

JohnLloydScharf
JohnLloydScharf
1 month ago
Reply to  Tionico

Tionico, WAKE UP!!!!! A repeal is NOT happening and the act is CONSTIUTIONAL. The US Supreme Court was put in charge of interpreting the Constitution. This is a REPUBLIC; not a DEMOCRACY. You do NOT have a vote on this issue; or any. This is a republic of tyrannical rulers; not a democracy with the consent of the governed on the issues. Every abuse by King George III has been repeated by those calling themselves progressive. We are right back where we started in 1776. The US is just another absurd, abusive, ambiguous, arbitrary, and apathetic constitutional republic controlled by… Read more »

JimmyS
JimmyS
1 month ago

This republic’s founding documents state that government derives its just powers from the consent of the governed. I don’t consent, thus the government is unjust, criminal, and tyrannical. Regardless of how the SCOTUS defines my rights, that is the case. This argument is so air-tight that not even an airhead like you can refute it. My refusal to submit to a contract to which I never agreed means that the other party is simply attacking me, my rights, and my other property under color of law. They have no leg to stand on in any court anywhere. Be we all… Read more »

JohnLloydScharf
JohnLloydScharf
1 month ago
Reply to  JimmyS

The founding document was the Declaration of Independence. The Constitution itself does not derive its powers from the consent of the governed. NO REPUBLIC DOES. Without a plebiscite to create a Constitution or a referendum to make laws, there is NO CONSENT. You do not have a vote on any issue because THIS IS A REPUBLIC; not a DEMOCRACY. Republics can be used by representatives to impose laws without the consent of the majority, much less your personal consent. How are you different from robber, rapist, or murderer who does not consent to a law? Troll someone else with insults… Read more »

Roland T. Gunner
Roland T. Gunner
28 days ago

How can you be so consistently wrong?

JohnLloydScharf
JohnLloydScharf
28 days ago

Why make a claim for which you are too cowardly to make a logical argument with verifiable facts unless you are trolling for an emotional response?

Graham
Graham
1 month ago

“Reformed”???? good grief are you serious

REPEALED

… but it’s harold

Agostino
Agostino
1 month ago

As a first step, remove SBRs and suppressors from the law.

PMinFl
PMinFl
1 month ago
Reply to  Agostino

As a first step , remove ALL RINOs from both houses, we always expect them to help us…they never do.

Tionico
Tionico
1 month ago
Reply to  PMinFl

no, don’t expect the body that created this boondoggle to undo it. File an action before SCOTUS proving it is unconstitutinal, demand STRICT scrutitny be applied, and force the court to do its job. Toss the whole mess. First letter to final full-stop.

Henry Bowman
Henry Bowman
1 month ago
Reply to  Tionico

The courts are in on the treason to the Constitution. No level, branch or agency of the government remains legitimate. All is corrupted save for a few scant individuals in gov’t like Judge Benitez. No part of the gov’t can or ought to be trusted to do ANYTHING right!

It’s time to water that Liberty Tree.

Last edited 1 month ago by Henry Bowman
Grigori
Grigori
1 month ago
Reply to  Agostino

…AND short barreled shotguns. There is not even a good illogical reason for this restriction.

Roland T. Gunner
Roland T. Gunner
1 month ago
Reply to  Agostino

As s first step, remove the law. I have 2 submachineguns, a WWII era Thompson, and a Vietnam War era technology Ingram. Its absurd, both the purchase price, and the unavailability of anything more modern.

JimmyS
JimmyS
1 month ago
Reply to  Agostino

As a first step, stop bowing to the will of traitors and scumbag enforcers of tyrannical “law.” Then the rest of the pieces magically fall into place.

ROCK6
ROCK6
1 month ago

The NFA should be looked at by the current SCOTUS under strict scrutiny, which it most likely would not withstand. However, I think we can approach a slow dismantling or neutering of the NFA; but it will require a pro 2A majority in congress which will be an uphill battle. The current issue with braced-pistols and 12ga “firearms” has established the attention that these firearms are no more lethal than any other and to look at current military issue, such firearm sizes are common. Eliminate the stupid barrel length restrictions, SBR, SBS, and even AOW from the NFA. Second, the… Read more »

Last edited 1 month ago by ROCK6
Finnky
Finnky
1 month ago
Reply to  ROCK6

I concur. We need common sense gun control reform and your comment would be a good start.
I’d add national reciprocity (first step to national constitutional carry) and strengthening innocent traveler protections to cover more and have teeth. After all it’s just common sense.

Old Blind Dog
Old Blind Dog
1 month ago
Reply to  ROCK6

I reject the premise of the title question; “How should the NFA be reformed?” It really can’t be reformed. However, short of many small miracles in the courts; we have to deal with the reality of politicians who will only do the right & constitutional thing if it is congruent with their personal interests. I think if the SAF, FPC, GOA, JPFO, NSSF & even the LaPierre squishes in the NRA can unite on a legislative / judicial agenda some headway might be made. So… I think Rock6’s approach is best. Pick your battles, have a consistent legislative and electoral agenda & have a… Read more »

Country Boy
Country Boy
1 month ago

NFA should and has to be fully repealed, and tossed in the trash bin of anti gun history. . Once and for all. Same with the ATF too.

Ryben Flynn
Ryben Flynn
1 month ago

It SHOULD be repealed, but until we get real Republican Patriots in control of the Presidency and Congress with a majority, it isn’t going to happen.

Henry Bowman
Henry Bowman
1 month ago
Reply to  Ryben Flynn

As long as we have rigged elections, things will not change.

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Stag
Stag
1 month ago
Reply to  Ryben Flynn

Republicans have no interest in repealing arms laws. They’ve had complete control on numerous occasions since 1934 and all they’ve done is enact more arms laws. Until people wake up and realize Republicans are not on our side then nothing will change.

CourageousLion
CourageousLion
1 month ago
Reply to  Stag

POLITICIANS are not on our side. PERIOD. Doesn’t matter which “party”.

two-party-system-vote.png
JSNMGC
JSNMGC
1 month ago
Reply to  Stag

Most Republican politicians are in favor of more gun control laws:

https://www.c-span.org/video/?441884-1/president-trump-calls-comprehensive-gun-bill

Mack
Mack
1 month ago

“The first thing to understand is that outright repeal of the National Firearms Act is not happening any time soon.”

Why?

Quatermain
Quatermain
1 month ago
Reply to  Mack

Because it is Harold Hutchinson and he is incapable of grasping anything other than the slow frog boil loss of the 2A.

incorrigible
incorrigible
1 month ago
Reply to  Mack

Why? Because the NRA supports the National Firearms Act!

PistoloGrip44
PistoloGrip44
1 month ago
Reply to  incorrigible

They not only support it, they helped write it!!!

Jonesy
Jonesy
1 month ago
Reply to  Mack

My Question exactly !

JSNMGC
JSNMGC
1 month ago
Reply to  Jonesy

Because a large percentage of Americans refuse to look at the data that is readily available about firearms and crime. Because they remain willfully ignorant, they want to retain the NFA of 1934 and implement more gun control laws. Politicians want to get elected, so they don’t rock the boat. The same circumstances apply to a large group of pro Second Amendment voters on other issues. They are willfully ignorant about the way relatively free markets work and the U.S. tax system. They display their willful ignorance almost every day in the ammo section when they dream up all sorts… Read more »

Roland T. Gunner
Roland T. Gunner
1 month ago
Reply to  JSNMGC

Wow jumble-of-letters guy, you are all over the friggin’ map.

JSNMGC
JSNMGC
1 month ago

Read it again Roland.

Roland T. Gunner
Roland T. Gunner
29 days ago
Reply to  JSNMGC

Sorry. Get it. Thanx

JSNMGC
JSNMGC
29 days ago

No problem. Have a good day.

Roland T. Gunner
Roland T. Gunner
28 days ago
Reply to  JSNMGC

Same to ya’, brother.

CourageousLion
CourageousLion
1 month ago
Reply to  JSNMGC

As Tucker Carlson said recently… “Why should we have to pay any taxes? They print up all they need!”

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Last edited 1 month ago by CourageousLion
JSNMGC
JSNMGC
1 month ago
Reply to  CourageousLion

I agree. Taxes are just a form of punishment for people with high IQs who apply themselves and make good decisions and one more way to redistribute wealth from industrious people to slackers and people who make poor decisions. At this point, our tax system has very little to do with raising funds to run a lean government. Every attempt is being made to overload the system so totalitarians can claim that capitalism doesn’t work and it must be replaced with something that is “equitable.” The Cloward-Piven strategy took a big step forward when totalitarians used COVID-19 to tank the… Read more »

MRA0331
MRA0331
1 month ago

The first thing we should do is stop shilling for the NRA, and support organizations that aren’t mired in controversy with proven track records like: SAF, GOA, and FPC. Then we can talk about a path forward.

Henry Bowman
Henry Bowman
1 month ago
Reply to  MRA0331

Little Quisling Harold doesn’t know how to stop shilling for the NRA. He’s the proud owner of a pair of official Wayne LaPierre kneepads.

Last edited 1 month ago by Henry Bowman
CourageousLion
CourageousLion
1 month ago
Reply to  Henry Bowman

Now THAT is funny!

musicman44mag
musicman44mag
1 month ago

Never say never.

Alan in NH
Alan in NH
1 month ago

It’ll happen when elephants fly, maybe in your lifetime Harold, but probably not in mine.

buzzsaw
buzzsaw
1 month ago

To answer the question in the headline. It should be abolished.