The Coming NFA Threat To The Second Amendment

Second Amendment Activist Protest Activism Take Action
Second Amendment Activist Protest Activism Take Action

United States – -(AmmoLand.com)- A series of recent court rulings have held promise or overturing onerous infringements on our Second Amendment rights. If the rulings of Judge Roger Benitez are upheld, standard capacity magazine bans and semiauto bans could be a thing of the past. That’s a good thing.

If you think, though, that anti-Second Amendment extremists will just throw up their hands and give up their assaults on our rights, you’d be very mistaken. We know that anti-Second Amendment extremists have threatened to pack the court – see Sheldon Whitehouse’s brief in New York State Rifle & Pistol Association v. City of New York for one particularly brazen example of this thuggery – and they may well pursue that course of action. But there is another option they could exercise to get around pro-Second Amendment rulings by the Supreme Court, and it is one that Second Amendment supporters should take seriously.

That option would be to greatly expand what is covered under the provisions of the National Firearms Act. This measure is best known as the law that covers fully automatic firearms as well as short-barreled shotguns and other items. Efforts like the Home Defense and Competitive Shooting Act and the Hearing Protection Act to remove various items from the scope of the National Firearms Act have been covered on Ammoland before.

The reason why anti-Second Amendment extremists might turn to the NFA is understandable – the procedure to own anything covered under the National Firearms Act is lengthy and cumbersome, to put it mildly. It’s not as invasive as the procedure that the Sabika Sheikh Firearm Licensing and Registration Act would impose on those who wish to exercise their Second Amendment rights, but that is not saying much. The fact is, there have been efforts to expand the reach of the National Firearms Act.

One notorious effort was in 2000. Senator Jack Reed (D-RI) introduced S 2099, which targeted handguns. Reed’s legislation not only would have required registration, but also a $50 tax for each handgun manufactured and a transfer tax. In addition, while tax records are normally to be kept private, Reed’s bill would have allowed handgun registration information to be shared with federal, state, and local law enforcement. A second effort targeted all semiautomatic firearms, and it was from a former friend. In the wake of the Parkland shooting, Senator Jeff Flake (R-AZ) introduced S 2475, the BUMP Act.

Neither of these bills got out of committee, but Second Amendment supporters should not let their guard down. The fact is that the National Firearms Act is not going away any time soon, even with favorable rulings in the cases winding their way through the courts. To ensure that the National Firearms Act doesn’t become a tool for infringing on our rights, Second Amendment supporters should support NRA-ILA and NRA-PVF to ensure that the anti-Second Amendment extremists who control the House, Senate, and the White House are defeated at the ballot box in the 2022 and 2024 elections.


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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jim
jim
1 month ago

Re: “Second Amendment supporters should support NRA-ILA and NRA-PVF”

The NRA seems to do a lot of talking and fundraising but is slow to act. I’ve been more impressed with the actions of the Second Amendment Foundation and the Gun Owners of America so they get my “support”.

Last edited 1 month ago by jim
jim
jim
1 month ago

If regulating a firearm like so called semi-automatic “assault weapons” under the National Firearms Act (NFA) is all it takes to keep them from being used illegally and to “keep people safe” then there is no reason to not re-open the NFA Transfer Record (NFATR) to allow civilians to purchase and own machine guns manufactured after 1986

Vince Warde
Vince Warde
1 month ago

They may very well try exactly that, but I think we will win that battle. Heller’s common use test – like it or not – places most NFA items outside 2A protection. That said, the NFA likely cannot be imposed upon firearms and accessories in common use.

Another angle is the risk to the other side should they use this tactic. What if the court battle results in much – or all – of the NFA being found to be unconstitutional.

Interesting in any case, and definitely something to watch.

Roland T. Gunner
Roland T. Gunner
28 days ago
Reply to  Vince Warde

How would “common use” place NFA outside of 2A protection? The registration of suppressors and SBR’s is growing exponentially; and there is something like 250 000 machinguns in the registry, which is every one were allowed to put in the registry; and we are loudly clamoring for more. The only reason all our AR-15’s dont have the happy switch is, ATF wont allow it. That hardly fails “common use”.

Idaho Bob
Idaho Bob
1 month ago

All these “laws” do is make law abiding citizens criminals. So, HELL NO, I won’t comply!

hippybiker
hippybiker
1 month ago

Harold is a tool! The NFA of 1934 was pimped by the NRA! As was the GCA of 1968. They are no real friend of gun rights. Join GOA or another real Grass Roots Organization!

loveaduck
loveaduck
1 month ago
Reply to  hippybiker

SAF for me

stick
stick
1 month ago

“To ensure that the National Firearms Act doesn’t become a tool for infringing on our rights…”
It ALREADY is a tool for infringing on our rights, and has been for nearly a hundred years. Hello?

gregs
gregs
1 month ago

if you read whitehouse’s brief it is vacuous at best and reads as someone who suffers from psychological transference. the left are angry that the courts that they have depended upon for years has actually ruling with a more originalist view and they are not getting the rulings they desire. can you say sour grapes. this is why the left wants to pack the court. they better hurry because buyden doesn’t have much time left in office.
i did notice that shelly didn’t say how scotus created the right to an abortion.

GomeznSA
GomeznSA
1 month ago
Reply to  gregs

gregs – vacuous is a pretty apt for whitehouse – did you see the ‘explanation’ he gave a few days ago about why he is still a member of a ‘whites only’ country club of some sort. OTOH he is a hard core democRAT after all…………………

incorrigible
incorrigible
1 month ago

Bottom line, as always, for Harold is squander your hard earned money by sending it to Wayne’s piggy bank!

Ryben Flynn
Ryben Flynn
1 month ago

The 1934 NFA was passed by Congress and only Congress can change it.
Not the DoJ or the ATF.

Roland T. Gunner
Roland T. Gunner
1 month ago

Pound sand Harold.

Arizona
Arizona
1 month ago

The NRA helped negotiate, write and and supported every infringement on our rights, especially the NfA herein lamented, yet this putz wants us to give them financial support? What a jackass!

Russn8r
Russn8r
1 month ago
Reply to  Arizona

Come on man! Wayne needs another $40,000 suit!

Jaque
Jaque
1 month ago

I think such an attempt by the Biden KGB would open up the NFA to public inspection and Constitutional challanges long overdue. The entire record of determinations by the ATF will be exposed along with the illogical nonsensical methods and measurements used to classify weapons. Taxing a right the government has no constitional authority to control might become a national talking point. The possibility of the NFA and ATF moronic regulations and language being exposed for all to see is too great if the courts take up the challanges such action would trigger. In fact I hope Biden tries to… Read more »

Russn8r
Russn8r
1 month ago
Reply to  Jaque

It’ll be pure luck if Trump’s three new “Federalist” Society RINO coward “Justices” grant “standing”.

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

It truly pains me to say it, but NFA issues and our rights related to them do not have popular support accross the country, even among most gun owners. On top of that, our Supreme Court is disfunctional, and firmly believes in the status quo. They most definitely are not concerned with the constitutionality of the NFA, or any other gun law or constitutional infringement. I used to tell myself, if we could just get the right case before the court, we could finslly win the biggie and get our rights back; but the ttuth is. While our side must… Read more »

ALL GUN LAWS ARE INFRINGEMENTS
ALL GUN LAWS ARE INFRINGEMENTS
1 month ago

The NFA & all gun laws are illegal! Until Scotus/CONGRESS Recognizes this….the bs will continue from political hacks with no standing.

People who DO NOT UNDERSTAND RIGHTS SHOULD NEVER BE IN GOVERNMENT!

The Bill of Rights ARE 1000% ABSOLUTE & CANNOT BE REPEALED OR CHANGED…DON’T LIKE IT……LEAVE!

APG member
APG member
1 month ago

Silly virtue signaling will apparently get you a thumbs up.

Don
Don
1 month ago

The constitution can be amended. Like in second amendment.