National Firearms Act

Guns & Ammo Publishes ‘Best States For Gun Owners 2015’

Yesterday I happened to come across an article entitled “Best States for Gun Owners 2015” on the Guns & Ammo website. Keith Wood wrote Tuesday:

For the third consecutive year and first time in print, Guns & Ammo presents our assessment of each state’s gun laws in a format that ranks them from worst to first for gun owners…

G&A has conducted a thorough review of each state’s laws and considered initiatives pending in state legislatures. Every effort has been made to create a ranking system that is fair, equitable, accurate and objective. States were ranked numerically in each of five categories: right-to-carry, right to own “black rifles” (i.e., firearms possessing a tactical appearance), presence of the Castle Doctrine, subjects relating to the National Firearms Act (NFA) and a catchall miscellaneous column…

Interesting. Considering the amount of activity in the state recently as it concerns gun rights, I was real curious to see where Illinois ranked on this list. From the piece:

43. Illinois

Illinois has gone from one of the worst states for gun owners to “not so bad as long as you don’t live in Chicago” these last few years. The state’s “shall issue” concealed carry permit system is up and running for both residents and nonresidents, and the sky did not fall. Illinois’ Firearm Owner’s Identification, or “FOID,” requirement remains in effect for all residents wishing to touch a firearm or ammunition except for those possessed by nonresidents in accordance with state law. Suppressors are not permitted in Illinois, though a bill to change that is currently before the legislature. Short-barreled rifles are not allowed. At the point of sale, there is a three-day waiting period before picking up a handgun, and a 24-hour waiting period is applied to all long guns. The state has strong use-of-force laws, and all tactical rifles are legal outside of municipalities such as Chicago and Highland Park…

To expand on that bit about “all tactical rifles are legal outside of municipalities such as Chicago and Highland Park,” Don Babwin reported on The State Journal-Register (Springfield, Illinois) website back on July 20, 2013:

According to the Illinois State Rifle Association, at least 16 municipalities – including Chicago – enacted ordinances banning or regulating assault weapons. Every one of them was in the Chicago metropolitan area. Around 30 other municipalities took up the issue but voted down the bans.

The list of towns that took action includes places such as Evanston, Highland Park, Hazel Crest and Calumet Park…

So that’s Illinois. How about north of the state line where I pursue the bulk of my outdoor activities (when I have the time, that is)? From the article:

25. Wisconsin

Life improved markedly for gun-owning Wisconsin residents when former Gov. Jim Doyle was replaced by Gov. Scott Walker. Wisconsin’s hard-won CCW law gets good marks for strong reciprocity and very limited “gun-free zones.” The state has a Castle Doctrine statute on the books and doesn’t restrict NFA items or tactical-looking firearms. A bill to repeal the state’s 48-hour waiting period on handgun purchases was recently signed by Gov. Walker, yet another step forward for gun owners. Milwaukee County Sheriff David Clarke is about as outspokenly pro-gun as it gets, which is a rare thing in a major metro area…

Nearby Indiana, by the way, actually placed 16th in this year’s rankings. Nice job.

Where does your state fall in the 2015 list? Head on over to the Guns & Ammo website here to find out.

Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

Source:

Babwin, Don. “By deadline, few Illinois towns pass assault weapons bans.” The State Journal-Register, 20 July 2013. (http://www.sj-r.com/article/20130720/News/307209909). 23 July 2015.

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Signs Of The Time, Part 85

Monday at lunch I finally got the chance to read my Sunday paper. From the Chicago Tribune “Perspective” section, in the part entitled, “Voice Of The People”:

Do not allow silencers

I cannot believe that there is serious consideration to permitting gun silencers to be used by gun owners in Illinois. Anyone with an ounce of common sense will recognize that guns with silencers are the weapon of choice for assassins, terrorists and murderers. What would happen if a nut entered a school and starting shooting randomly with such a weapon? No noise to alert the rest of the teachers and children?

Two things came to mind when I saw the above:

1. The author has quite an imagination.

2. Yet another argument leaning heavily on emotion (plea for “common sense” is often a giveaway), but devoid of facts.

Emotionally-driven arguments. Very much a sign of the time.

But now the facts on this subject.

An ABC7 Chicago I-Team Investigation recently looked into suppressors as legislation legalizing such devices has been introduced in the Illinois House (HB0433) and Senate (SB0803). Chuck Goudie reported on the ABC7 website on April 30:

Silencers used by criminals on TV and in movies; this is how most people know of the device.

Sponsors of a bill to make them legal in Illinois say the Hollywood interpretation is pure fiction…

A 2007 study found silencer use in crime is rare…

(Editor’s note: Bold added for emphasis)

“Guns with silencers are the weapon of choice for assassins, terrorists and murderers.”

Whatever you say.

And all those “assassins, terrorists and murderers” will be lining up for silencers if they’re legalized in Illinois, right?

As I blogged back on February 11:

Firearm suppressors (or sound suppressors and silencers as they’re also known) are highly-regulated in the United States. J. Guthrie reported on the Guns & Ammo website back on May 13, 2012:

If you lived in Scotland, they would be required for hunting. If you lived in Finland you could saunter down to the local gun shop and buy one over the counter—one more reason to like Finland. In the U.S., suppressors are regulated by the National Firearms Act and you have to first make sure they are legal in your state, fill out a federal form and send it, a couple of photos and some fingerprints into the BATFE for approval. Once approved—the process can take six or seven months—the BATFE sends you a little stamp and some paperwork and you can take possession of the suppressor from you dealer. There are legal considerations for interstate transportation and transferring the suppressor too…

Just like most felons don’t acquire their firearms lawfully, neither will they be obtaining suppressors legally- particularly in a highly-regulated environment like the one that currently exists.

Fears of a proliferation of legally-manufactured, lawfully-obtained suppressors among the bad guys in the “Land of Lincoln” are unfounded.

As for the “Voice Of The People” on these devices? I sure as hell hope it isn’t.

Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

Source:

Goudie, Chuck. “Are Gun Silencers A Threat To Safety?” ABC 7. 30 Apr. 2015. (http://abc7chicago.com/news/are-gun-silencers-a-threat-to-safety/689952/). 18 May 2015.

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Illinois Bill Would Legalize Firearm Suppressor Use

“By definition, the primary role of a suppressor is to reduce the overall sound signature of the host firearm to hearing safe levels. They do so by trapping the expanding gasses at the muzzle and allowing them to slowly cool, in a similar fashion to car mufflers. Their muffling capabilities intrinsically make them a hearing protection device for both the shooter and those around them.”

-American Suppressor Association website

Illinois firearm owners might be interested in the following. Brian Brueggemann reported on the Belleville News-Democrat website last Friday:

Hunters and other shooting enthusiasts would be allowed to have silencers on their guns under a bill filed in the Illinois legislature.

The bill’s sponsor, Rep. Brandon Phelps, D-Harrisburg, said gun owners want silencers for a simple reason: to avoid hearing loss.

“There are a lot of veterans, a lot of hunters and shooters, who have suffered hearing loss,” Phelps said.

Phelps acknowledged that gun opponents are likely to challenge the bill.

“I’m used to that. They said that about concealed-carry — they said everybody was going to be running around shooting each other, like the wild west,” Phelps said. “That’s the movies.”

Firearm suppressors (or sound suppressors and silencers as they’re also known) are highly-regulated in the United States. J. Guthrie reported on the Guns & Ammo website back on May 13, 2012:

If you lived in Scotland, they would be required for hunting. If you lived in Finland you could saunter down to the local gun shop and buy one over the counter—one more reason to like Finland. In the U.S., suppressors are regulated by the National Firearms Act and you have to first make sure they are legal in your state, fill out a federal form and send it, a couple of photos and some fingerprints into the BATFE for approval. Once approved—the process can take six or seven months—the BATFE sends you a little stamp and some paperwork and you can take possession of the suppressor from you dealer. There are legal considerations for interstate transportation and transferring the suppressor too…

The suppressor legislation sponsored by Phelps is Illinois House Bill 433 (you can check on its status here). State Senator Bill Haine (D-Alton) has filed the same bill in the Senate.

Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

Sources:

Brueggemann, Brian. “Bill would allow Illinois gun owners to use silencers.” Belleville News-Democrat. 6 Feb. 2015. (http://www.bnd.com/2015/02/06/3649514_bill-would-allow-illinois-gun.html?rh=1). 11 Feb. 2015.

Guthrie, J. “G&A Basics: How Suppressors Work.” Guns & Ammo. 13 May 2012. (http://www.gunsandammo.com/gear-accessories/suppressors/ga-basics-how-suppressors-work/). 11 Feb. 2015.

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Wednesday, February 11th, 2015 Firearms, Gun Rights, Health, Hunting, Legal, Shooting Sports No Comments

Democratic Congressmen Push For 20 Percent Federal Excise Tax On Firearms, 50 Percent Tax On Ammo

Back when Danny Davis (D-IL) was my congressman, I don’t recall hearing too much from him- unless he was coming up for re-election.

Well, November 4, 2014, is fast-approaching, and he and another Democratic congressman- William Pascrell (D-NJ)- whose seat is up for election have both decided to take it upon themselves to remind Americans that Democrats stand for gun “control.”

You see, Representatives Davis and Pascrell introduced HR 3018- the “Gun Violence Prevention and Safe Communities Act”- last week, which would hike federal excise taxes on firearms from 10-11 percent up to 20 percent, and hike taxes on ammunition from 11 percent to 50 percent.

I’m guessing a number of pro-gun Democrats, especially those holding office whose seats are also up for election in 2014, are livid right now.

From GovTrack.us this evening:

A BILL

To amend the Internal Revenue Code of 1986 to increase the excise tax and special occupational tax in respect of firearms and to increase the transfer tax on any other weapon, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Gun Violence Prevention and Safe Communities Act of 2013’.

SEC. 2. INCREASE IN EXCISE TAXES RELATING TO FIREARMS.

(a) In General- Section 4181 of the Internal Revenue Code of 1986 is amended to read as follows:

‘SEC. 4181. IMPOSITION OF TAX.

‘There is hereby imposed upon the sale by the manufacturer, producer, or importer of the following articles a tax equivalent to the specified percent of the price for which so sold:

‘(1) Articles taxable at 20 percent:

‘(A) Pistols.

‘(B) Revolvers.

‘(C) Firearms (other than pistols and revolvers).

‘(D) Any lower frame or receiver for a firearm, whether for a semiautomatic pistol, rifle, or shotgun that is designed to accommodate interchangeable upper receivers.

‘(2) Articles taxable at 50 percent: Shells and cartridges.’.

HR 3018 would also increase the transfer tax on firearms covered under the National Firearms Act (“machine guns,” for example) from $200 to $500 and the transfer tax on all other guns from $5 to $100.

Other blogs/websites are reporting that besides ammo, this legislation hikes just handgun- not long gun- taxes, but based on the following- “Firearms (other than pistols and revolvers)”- I take this to mean rifles and shotguns as well.

Consider the following analysis of the gun “control” legislation by Michael Cohn over at AccountingToday.com:

The bill, known as the Gun Violence Prevention and Safe Communities Act, is co-sponsored by Rep. Bill Pascrell, Jr., D-N.J., and Danny Davis, D-Ill. It would increase the excise taxes on firearms from the current range of 10 percent to 11 percent and raise it to 20 percent. The bill would also increase the excise tax on ammunition from 11 percent to 50 percent. It would also increase the Special Occupational Tax on firearm importers, manufacturers and dealers; include assault pistols in the definition of firearms covered under the National Firearms Act; increase the transfer tax on all weapons (except antique guns) covered under the National Firearms Act (excludes most common guns) from $200 to $500 and index to inflation; and increase the transfer tax for any other weapon from $5 to $100 and index to inflation.

All government agencies would be exempted from the tax, including federal, state and local agencies, such as police departments.

Here’s my analysis. The legislation won’t become law. And I think Congressmen Davis and Pascrell know that.

But it did get them some valuable face time for next year’s election.

You can read the entire text of HR 3018 on GovTrack.us here.

By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)

Source:

Cohn, Michael. “Congressmen Introduce Bill to Increase Taxes on Guns and Ammunition.” AccountingToday.com. 27 Aug. 2013. (http://www.accountingtoday.com/news/Congressmen-Introduce-Bill-Increase-Taxes-Guns-Ammunition-67848-1.html). 27 Aug. 2013.

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‘Summary Of 2013 Feinstein Assault Weapons Legislation’ Calls For Gun Registration Besides Bans

New information about U.S. Senator Dianne Feinstein’s promised new gun “control” legislation that seeks to ban “assault weapons” and “high-capacity” ammunition magazines has just been released. The California Democrat shares a summary of her proposed bill, entitled “Summary of 2013 Feinstein Assault Weapons Legislation,” on her Senate website. And by the looks of things, it seeks more than just bans. From Senator Feinstein’s website:

Summary of 2013 legislation

Following is a summary of the 2013 legislation:

Bans the sale, transfer, importation, or manufacturing of:
• 120 specifically-named firearms
• Certain other semiautomatic rifles, handguns, shotguns that can accept a detachable magazine and have one military characteristic
• Semiautomatic rifles and handguns with a fixed magazine that can accept more than 10 rounds

Strengthens the 1994 Assault Weapons Ban and various state bans by:
• Moving from a 2-characteristic test to a 1-characteristic test
• Eliminating the easy-to-remove bayonet mounts and flash suppressors from the characteristics test
• Banning firearms with “thumbhole stocks” and “bullet buttons” to address attempts to “work around” prior bans

Bans large-capacity ammunition feeding devices capable of accepting more than 10 rounds.

Protects legitimate hunters and the rights of existing gun owners by:
• Grandfathering weapons legally possessed on the date of enactment
• Exempting over 900 specifically-named weapons used for hunting or sporting purposes and
• Exempting antique, manually-operated, and permanently disabled weapons

Requires that grandfathered weapons be registered under the National Firearms Act, to include:
• Background check of owner and any transferee;
• Type and serial number of the firearm;
• Positive identification, including photograph and fingerprint;
• Certification from local law enforcement of identity and that possession would not violate State or local law; and
• Dedicated funding for ATF to implement registration

Note that part about “requires that grandfathered weapons be registered under the National Firearms Act.”

(Editor’s note: Italics added for emphasis)

The discussion of the bill summary can be found on her website here. A .pdf of the bill summary is here.

By Christopher E. Hill, Editor
Survival And Prosperity (http://www.survivalandprosperity.com)

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Questionable Ipsos/Reuters Poll About Gun Rights And Regulations

Questions abound concerning an Ipsos poll on gun rights and regulations that was recently conducted for Thomson Reuters. From the Ipsos press release this morning:

Washington, DC – These are findings from an Ipsos poll conducted for Thomson Reuters from April 9th-12th, 2012 about gun rules and regulations.

• The NRA is a reasonably popular organization. Unsurprisingly, favorability towards the NRA is stronger among Republicans but a majority of Democrats have a favorable attitude towards the organization.
• As comparison points, we also asked about the NAACP, ACLU and AARP. AARP has the strongest favorability rates of the four organizations. Favorability towards the ACLU and NAACP are both strongly influenced by partisan ID.
• Americans are broadly supportive of restrictions or regulations on gun ownership.
• Only 6% say there should be no or very few restrictions on gun ownership.
• 62% oppose allowing people to bring a firearm into a church, workplace or retail establishment.
• 91% support background checks for gun purchasers.
• 69% support limiting the number of guns a person could purchase in a given time frame.
• 74% support laws limiting the sale of automatic weapons.
• However, Americans are also broadly supportive of a number of pro-gun laws including:
• Majorities support concealed carry laws and allowing the use of deadly force, both in homes and public places.
• Framing this discussion, Americans remain concerned with crime and are concerned about what is to be done about it.
• Almost half of Americans think crime rates are going up in their communities.
• Significant majorities do not think police can stop all crime from happening
• As a consequence, large majorities believe regular people need to step up to prevent crimes (leading to the Trayvon Martin incident).

I’m surprised the poll asked about automatic weapons (i.e. machine guns, according to actual survey question) as opposed to semi-automatic firearms. Machine guns are already highly restricted for law-abiding citizens. I wrote back on June 6, 2011:

According to the well-known firearms resource website GunCite.com, which focuses on a “comprehensive presentation of gun control and Second Amendment issues; analysis of firearms statistics, research, and gun control policies”:

It has been unlawful since 1934 (The National Firearms Act) for civilians to own machine guns without special permission from the U.S. Treasury Department . Machine guns are subject to a $200 tax every time their ownership changes from one federally registered owner to another, and each new weapon is subject to a manufacturing tax when it is made, and it must be registered with the Bureau of Alcohol Tobacco and Firearms and Explosives (ATF) in its National Firearms Registry.

To become a registered owner, a complete FBI background investigation is conducted, checking for any criminal history or tendencies toward violence, and an application must be submitted to the ATF including two sets of fingerprints, a recent photo, a sworn affidavit that transfer of the NFA firearm is of “reasonable necessity,” and that sale to and possession of the weapon by the applicant “would be consistent with public safety.” The application form also requires the signature of a chief law enforcement officer with jurisdiction in the applicant’s residence.

Since the Firearms Owners’ Protection Act of May 19, 1986, ownership of newly manufactured machine guns has been prohibited to civilians. Machine guns which were manufactured prior to the Act’s passage are regulated under the National Firearms Act, but those manufactured after the ban cannot ordinarily be sold to or owned by civilians.

(Editor’s note: Italics added for emphasis)

GunCite also adds:

Twenty-five states have no further restrictions on civilian ownership of machine guns (some require registration with the state) than what is required by federal law. Other states have either placed further restrictions or outlawed operable machine guns to civilians entirely.

As existing laws mean automatic firearms are already highly-regulated for law-abiding citizens, and it’s semi-automatic guns (one trigger pull, one shot only) that are presently under attack by gun “control” supporters, in a poll about gun rights/regulation one would reasonably expect a question about limiting firearm sales to be about semi-automatics rather than machine guns.

In addition, note the following excerpt from the press release:

As a consequence, large majorities believe regular people need to step up to prevent crimes (leading to the Trayvon Martin incident)

(Editor’s note: Italics added for emphasis)

Now, the original poll question:

Regular people need to step up to help prevent crime from happening

So where did “(leading to the Trayvon Martin incident)” come from?

Scratching my head about this poll.

You can read the entire press release and access the survey data on the Ipsos website here.

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