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National Firearms Act of 1934 : ウィキペディア英語版
National Firearms Act

The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress in the United States that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The Act was passed shortly after the repeal of Prohibition. The NFA is also referred to as Title II of the Federal firearms laws. The Gun Control Act of 1968 ("GCA") is Title I.
All transfers of ownership of registered NFA firearms must be done through the federal NFA registry. The NFA also requires that permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF, or BATFE). Temporary transport of some items, most notably silencers, do not need to be reported.
==Background==

The impetus for the National Firearms Act of 1934 was the gangland crime of the Prohibition era, such as the St. Valentine’s Day Massacre of 1929, and the attempted assassination of President Franklin D. Roosevelt in 1933.〔(【引用サイトリンク】title=History of ATF from Oxford University Press )〕 Like the current National Firearms Act (NFA), the 1934 Act required NFA firearms to be registered and taxed. The $200 tax was quite prohibitive at the time (). With a few exceptions, the tax amount is unchanged.〔〔
Originally, pistols and revolvers were to be regulated as strictly as machine guns; towards that end, cutting down a rifle or shotgun to circumvent the handgun restrictions by making a concealable weapon was taxed as strictly as a machine gun.
Conventional pistols and revolvers were ultimately excluded from the Act before passage, but other concealable weapons were not.〔 Regarding the definition of "firearm," the language of the statute as originally enacted was as follows:
::The term "firearm" means a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition.〔Section 1(a), Public Law No. 474, Ch. 757, 48 Stat. 1236 (June 26, 1934).〕
Under the original Act, NFA weapons were machine guns, short-barreled rifles (SBR), short-barreled shotguns (SBS), any other weapons (AOW or concealable weapons other than pistols or revolvers), and silencers for any type of NFA or non-NFA. Minimum barrel length was soon amended to 16 inches for rimfire rifles and by 1960 had been amended to 16 inches for centerfire rifles as well.
The United States Supreme Court, in 1968 decided the case of ''Haynes v. United States'' in favor of the defendant, which effectively gutted the National Act of 1934. As one could possess an NFA firearm and choose not to register it, and not face prosecution due to Fifth Amendment protections, the Act was unenforceable. To deal with this, Congress rewrote the Act to make registration of existing weapons impossible except by the government (previously, an existing firearm could be registered by any citizen). In addition to fixing the defect identified in ''Haynes'', the revision tightened definitions of the firearms regulated by the Act, as well as incorporating a new category of firearm, the Destructive Device, which was first regulated in the Omnibus Crime Control and Safe Streets Act of 1968.
NFA categories have been modified by laws passed by Congress, rulings by the Department of the Treasury and regulations promulgated by the enforcement agency assigned to known as the Bureau of Alcohol, Tobacco, Firearms and Explosives or BATFE.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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