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.
To answer the question in the headline. It should be abolished.
The NFA was admitted to be an unconstitutional infringement at the time it was debated in 1934, by the AG and members of the senate, Harold. The only way to address this repugnant and thus entirely unlawful infringement is to abolish it, along with every other law that purports to regulate firearms, a power We the People never ceded to the gov.
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.
“The first thing to understand is that outright repeal of the National Firearms Act is not happening any time soon.”
Why?
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.
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.
“Reformed”???? good grief are you serious
REPEALED
… but it’s harold
Harold, WAKE UP!!!! Full repeal of the entire act is the ONLY Constitutional remedy.
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 »
As a first step, remove SBRs and suppressors from the law.