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SBR's, AOW's, Suppressors, MG's etc.

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Discussion or advice on how to create an Illegal NFA item will result in an immediate ban. No advice given within should replace user due diligence. Always consult a lawyer / professional.
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INTRODUCTION TO THE NFA HISTORY

Wed Mar 16, 2011 11:33 pm

http://www.atf.gov/publications/downloa ... 5320-8.pdf
The above link is the FULL ATF national firearms act handbook for printout. All 220 pages of it


the atf nfa handbook wrote:CHAPTER 1. INTRODUCTION
Section 1.1 History of the National Firearms Act (NFA)
1.1.1 The NFA of 1934. The NFA was originally enacted in 1934.1 Similar to the current NFA, the
original Act imposed a tax on the making and transfer of firearms defined by the Act, as well as a
special (occupational) tax on persons and entities engaged in the business of importing, manufacturing,
and dealing in NFA firearms. The law also required the registration of all NFA firearms with the
Secretary of the Treasury. Firearms subject to the 1934 Act included shotguns and rifles having barrels
less than 18 inches in length, certain firearms described as “any other weapons,” machineguns, and
firearm mufflers and silencers.
While the NFA was enacted by Congress as an exercise of its authority to tax, the NFA had an
underlying purpose unrelated to revenue collection. As the legislative history of the law discloses, its
underlying purpose was to curtail, if not prohibit, transactions in NFA firearms. Congress found these
firearms to pose a significant crime problem because of their frequent use in crime, particularly the
gangland crimes of that era such as the St. Valentine’s Day Massacre. The $200 making and transfer
taxes on most NFA firearms were considered quite severe and adequate to carry out Congress’ purpose
to discourage or eliminate transactions in these firearms. The $200 tax has not changed since 1934.
As structured in 1934, the NFA imposed a duty on persons transferring NFA firearms, as well as mere
possessors of unregistered firearms, to register them with the Secretary of the Treasury. If the possessor
of an unregistered firearm applied to register the firearm as required by the NFA, the Treasury
Department could supply information to State authorities about the registrant’s possession of the
firearm. State authorities could then use the information to prosecute the person whose possession
violated State laws. For these reasons, the Supreme Court in 1968 held in the Haynes case that a person
prosecuted for possessing an unregistered NFA firearm had a valid defense to the prosecution - the
registration requirement imposed on the possessor of an unregistered firearm violated the possessor’s
privilege from self-incrimination under the Fifth Amendment of the U.S. Constitution.2 The Haynes
decision made the 1934 Act virtually unenforceable.

1.1.2 Title II of the Gun Control Act of 1968. Title II amended the NFA to cure the constitutional
flaw pointed out in Haynes.3 First, the requirement for possessors of unregistered firearms to register
was removed. Indeed, under the amended law, there is no mechanism for a possessor to register an
unregistered NFA firearm already possessed by the person. Second, a provision was added to the law
prohibiting the use of any information from an NFA application or registration as evidence against the
person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with
the filing of the application or registration.4 In 1971, the Supreme Court reexamined the NFA in the
Freed case and found that the 1968 amendments cured the constitutional defect in the original NFA.5

1 National Firearms Act, Public Law 474, approved June 26, 1934.
2 Haynes v. U.S., 390 U.S. 85 (1968).
3 Gun Control Act of 1968, Public Law 90-618, approved October 22, 1968.
4 26 U.S.C. 5848
5 U.S. v. Freed, 401 U.S. 601 (1971)


Section 1.6 ATF points of contact
This is the current address of the ATF to send in a form 1 to make a silencer, AOW or DD or a form 4 to transfer a silencer, AOW or DD
Chief, National Firearms Act Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
244 Needy Road
Martinsburg, WV 25405
Phone: (304) 616-4500 This is the number to call to check the status of a silencer you bought. You will need the serial number along with the name of the trust or corporation it is being transfered to. If it going under you name you will give them your name instead of the trust name.
Fax: (304) 616-4501

Chief, Federal Firearms Licensing Center
Bureau of Alcohol, Tobacco, Firearms and Explosives
244 Needy Road
Martinsburg, WV 25405
Phone: (304) 616-4600 or 1-866-662-2750
Fax: (304) 616-4501 or 1-866-257-2749

Chief, Firearms & Explosives Imports Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
244 Needy Road
Martinsburg, WV 25405
Phone: (304) 616-4550
Fax: (304) 616-4551

Chief, Firearms Technology Branch
Bureau of Alcohol, Tobacco, Firearms and Explosives
244 Needy Road
Martinsburg, WV 25405
Phone: (304) 260-5476
Fax: (304) 260-1701

Section 1.7 ATF Forms
ATF forms may be ordered from ATF’s Distribution Center by use of the Center’s order form on ATF’s
website at http://www.atf.gov. After entering the website, click on “Forms.” They may also be obtained
by calling the Center at (301) 583-4696 or writing the ATF Distribution Center at 1519 Cabin Branch
Drive, Landover, MD 20785-3816.
Last edited by dj_fatstyles on Thu Mar 17, 2011 4:17 am, edited 2 times in total.
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