The 1986 Fire Protection Ownership Act FOPA is a United States federal law that revised many of the provisions of the 1968 Arms Control Act.
Video Firearm Owners Protection Act
Federal firearms weapons reform
Under the 1968 Arms Control Act, the Bureau of Alcohol, Tobacco and Firearms (ATF) is granted wide freedom in enforcement of regulations relating to holders of Federal Fuel License (FFL) (which allows individuals or companies to engage in business related by the manufacture or import of firearms and ammunition, or the sale of interstate and intrastate firearms). Allegations of harassment by the ATF inspectors soon emerged from the National Rifle Association (NRA) and several FFL licensees. Specifically, proponents claim that ATF repeatedly checks FFL holders for the clear purpose of harassment intended to encourage FFL holders to leave the business (since FFL holders will continue to be inclined to ATF inspections not to customers).
The February 1982 report by the Senate subcommittee studying the Second Amendment to the Constitution of the United States concluded:
The conclusion is that it is inevitable that the history, concepts, and words of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half century after its ratification, show that what is protected is the right of individual citizens to have and carrying firearms peacefully.
The report also says that 75 percent of ATF prosecutions "are intended for ordinary citizens who have no criminal or knowledge intent, but are seduced by agents into unknown technical offenses." It suggests that federal firearms reforms as proposed in S. 1030 "will greatly enforce themselves" and "will increase the vital protection of the constitutional and civil liberties of Americans who choose to use their Second Amendment to defend and carry weapons.. "
The 1986 Firearms Protection Act (FOPA) discussed the violations noted in the 1982 Senate Judicial Subcommittee's report. Among the reforms intended to loosen restrictions on arms sales was the limited resumption of long-term interlocking of weapons, the legalization of ammunition delivery through the Postal Service US, abolition of requirements for the storage of non-armor-piercing ammunition sales records, and the protection of federal firearms transportation through states where possession of those weapons would otherwise be illegal.
The law also contains provisions prohibiting the sale of machine guns made after the date of stipulation of civilians, limiting the sale of these weapons to the military and law enforcement. Thus, in subsequent years, the limited availability of these weapons available to civilians has led to huge price increases, with most costing more than $ 10,000. Regarding the automatic weapons possessed by citizens in the US, political scientist Earl Kruschke said, "about 175,000 automatic weapons have been licensed by the Bureau of Alcohol, Tobacco and Firearms (the federal agency responsible for the administration of the law) and the evidence shows that there are weapons that have been used to commit violent crimes. "
The law mandates that ATF compliance inspections can only be done once per year. Exceptions to the "once per year" rule exist if multiple record-keeping violations are recorded in the inspection, in which case the ATF may perform further checks. The main reason for the follow-up examination is if the weapon can not be accounted for.
Maps Firearm Owners Protection Act
Banning New Auto Firearms
As the debate for FOPA is in the final stages in the House before moving to the Senate, Rep. William J. Hughes (DN.J.) proposed several changes including House Amendment 777 to HR 4332, which modified measures to ban civilian possession of new machine guns, in particular to alter 18 USCÃ,§ 922 to add sub-sections (o):
(o) (1) Except as provided in paragraph (2), it is unlawful for any person to transfer or possess machine guns.
(2) This subclause does not apply in respect of - (a) transfers to or by, or ownership by or under the authority, the United States or any department or institution thereof or a State, or any of its departments, agencies, or political subdivisions; or (B) any legitimate transfer or legal possession of a machinegun which is lawfully owned before the date of effect. This paragraph applies.
ATF, as a representative of the US and with the authority of the National Firearms Act, may authorize the transfer of machine guns to unlicensed civilians. Unlicensed individuals can obtain machine guns, with ATF approval. The switch must apply for ATF, which must be completed by both parties for transfer:
- is executed under the penalty of perjury
- both parties must be in the same condition as the individual
- pay $ 200 transfer tax to ATF
- the app must include detailed information about firearms and the parties in the transfer
- the redirect must state in the application that he or she is not disqualified from owning a firearm for the reasons specified in the law
- the transfer must apply (1) two photos taken in the past year; and (2) fingerprint
- the redirection must be filed with the application (3) a copy of each country or local license or license required to purchase, own or acquire a machine gun
- the appropriate (local) law enforcement officer must state whether he has information indicating that a firearm will be used for any purpose other than the law or the ownership will be in violation of state or federal law
- the recipient must, as part of the registration process, pass a broad criminal investigation into the Federal Bureau of Investigation's criminal background.
If ATF denies an application, it must return the tax. The owner of the weapon must store the approved application as proof of firearm registration and make it available for inspection by ATF officers.
On the morning of April 10, 1986, the Amendment of H.Amdt.777 passed through the House of Representatives by vote, and the Parliament held a sound recording for three FOPA amendments in 72 Votes 72, 73 and 74. 72 Voice Recording was being aired. H.AMDT. 776, an amendment to H.AMDT 770 involving the sale of hand-held weapons between countries; While Recorded Vote 74 is in H.AMDT 770, especially concerning the interstate sale easing and safe delivery terms. Vote Recording 74 is a Hughes Amendment calling for a machine-gun ban. Lawyer Charles Rangel (D-N.Y.), While presiding as Chairman of the process, claims that "amendments in the substitute nature, as amended, have been approved." However, after a vote on the Hughes Amendment, Rangel ignored a request to take a sound recording and move to Vote Recording 74. Bill, H.R. 4332, as a whole is ratified in Sound No: 75 on a motion to resolve. Despite the controversial amendment, the Senate, in S.B. 49, adopted H.R. 4332 as an amendment to the final bill. The bill was then passed and signed on 19 May 1986 by President Ronald Reagan to become Public Law 99-308, the Firearm Owners Protection Act.
"Safe Passage" provisions
One of the provisions of the law (Article 926-A) is that people traveling from one place to another have a defense for any State weapons offense in a state that has strict gun control legislation if travelers just pass (pause for food and gasoline), provided that the individual is not declared forbidden to own firearms, firearms and ammunition are not readily accessible, that firearms are dismantled and, in the case of a vehicle without a separate compartment from the driver compartment, firearms are located in locked containers other than compartments or console gloves hand.
This section has also been interpreted to protect air travel.
Definitions of Terms Used in law include: Transporting. Do not stay for the appointed time. Passing on the way to somewhere. Dismantled. No ammunition in firearms. In the case of McDaniel V Arnold, the court upheld the conviction based on the interpretation that the defendant possessed a firearm that was loaded despite not having a round in the cubicle position. Not Easily Accessible. No clear court decisions or intepretation are available but the term is widely regarded as meaning Not reachable quickly for operations. Container Locked. Hard-side sealed containers such as to allow unauthorized users to gain access.
Registry ban
The law also prohibits US Government agencies from storing the registry directly linking national non-firearm firearms to their owners, the specific language of this law (Federal Law 18 USC 926 (https://www.law.cornell.edu/uscode/text/18/926)) to:
No rule or regulation as determined [by the Attorney General] after the date of enforcement of the Firearm Owners Protection Law may require that records to be maintained under this chapter or any part of the contents of such records, recorded or transferred to the facilities owned , administered, or controlled by the United States or its State or political section, or that the system of registration of firearms, possession of firearms, or transactions or disposition of firearms is established. Nothing in this section expands or limits the authority of the Secretary to investigate any firearms disposition during criminal investigations.
However, ATF National Tracing Center (NTC) contains hundreds of millions of trace and firearm registration records, and consists of several databases:
- 1. Multiple Sales Reports . Over 460,000 (2003) Multiple Sales Reports (ATF F 3310.4 - registration records with firearms and the name of the owner and the specific address - increases by about 140,000 per year). Reported as 4.2 million records in 2010.
- 2. Weapons Suspects . All weapons suspected to be used for criminal purposes but not found by law enforcement. These databases include (eg ATF itself), individuals who purchase large quantities of firearms, and dealers with improper recording. May include weapons observed by law enforcement on a plantation, or at a weapons exhibit, or elsewhere. Reported as 34,807 in 2010.
- 3. Tracer Weapon . More than 4 million detailed records of all traces from the beginning. This is a registration record that includes the personal information of the first retail buyer, along with the identity of the selling seller.
- 4. Outside Business Records . Data is collected manually from paper from business records (or input from computer records) and inserted into the system traces by ATF. This is a registration record that includes name and address, manufacture, model, series and caliber of firearms (s), as well as data from form 4473 - in digital format or image. As of March 2010, ATF reported receiving several hundred million records since 1968.
- 5. Theft of Arms . Firearms reportedly stolen to ATF. It contained 330,000 records in 2010. It contains only theft from authorized dealers and interstate operators (optional). Has no interface to the FBI National Crime Information Center (NCIC) theft database, where most of the stolen, lost and missing weapons are reported.
Clarification of illicit people
The older Gun Control Act of 1968 prohibits the possession of firearms in the US by certain categories of individuals deemed to threaten public security. However, this list differs between the House and the Senate version of the bill, and causes confusion. This list was then supplemented, modified, and clarified in the 1986 Firearms Protection Act 1986. The 1986 list is:
- Anyone who has been convicted in a criminal court sentenced to imprisonment for a period of more than one year excludes a crime punishable by imprisonment relating to business practice rules, whose full civil rights have not been restored by the State of defect firearms first worn.
- Anyone who is a fugitive from the court.
- Anyone who is a user who is unlawful or addicted to any controlled substance.
- Anyone who has been convicted as mentally disabled or inadvertently committed to a mental institution.
- Any aliens illegally or illegally in the United States or aliens received in the United States on a non-immigrant visa. An exception is if nonimigrants have a legitimate hunting license issued by the US state and/or has been granted a waiver from the Attorney General.
- Anyone who has left the Armed Forces in a disrespectful condition.
- Anyone who, after becoming a citizen of the United States, has renounced his nationality.
- Anyone subject to a court order that detains the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner. (Added in 1996, with Lautenberg Amendment.)
- Anyone who has been convicted of a crime of domestic violence. (Added in 1996, with Lautenberg Amendment)
- Anyone who is under an indictment or information for a crime (minor offense) who can be sentenced to imprisonment for a period of more than two years can not legally receive a firearm. The person may continue to lawfully possess a firearm obtained before the charge or information, and if cleared or exempt may receive unlimited weapons.
This provision is expressed in the form of a question in Federal Form 4473.
In 2001, the United States Court of Appeals for the Fifth Circuit (consisting of Texas, Louisiana and Mississippi) ruled that the Lautenberg Amendment , 18 U.S.C. Ã,§ 922 (g) (8) (C) (ii) (which extends the original FOPA restrictions on the possession of firearms to persons under a court order in connection with domestic violence) does not violate the Second Amendment, and does not violate the Clause Process Fifth Amendment as applied to the defendant, in the United States of America v. Emerson .
See also
- The law of weapons in the United States
- The political gun in the United States
References
Further reading
- "The Right to Store and Put Weapons: Report of the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, Second Session" (PDF) . constitution.org . Constitutional Institution . Retrieved July 5, 2014 . Ã, Facsimile which is more accessible from the Senate 1982 subcommittee report.
External links
- ATF Firearms main page
Source of the article : Wikipedia
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