National Firearms Act [NFA] and National Firearms Registration and Transfer Record [NFRTR]

NFRTR is reg for automatic weapons, silencers and short barreled rifles/shotguns, other specialty devices

Due process right under Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE), one must understand this is a Non-Constitutional agency of the Corporation, The United States., Inc. This agency may have been closed as its prior agency BATF, whereas if this has been made a private Corporate entity then its most likely foreign and if is under the Northern Trust is by the BAR. Note that in June 2007 BATFE had lost all records of approvals for 2007 and has been in dis-array since the 1970's.

Letter to Mr. Kenneth E. Houchens, Chief National Firearms Act Branch, NFA Letter Control Number
[redacted], Title II Firearms Serial Number [redacted ], by Saeid Shafizadeh, (July 11, 2007), available at http://www.nfaoa.org/documents/ParsLetter2007.pdf.

U.S. Dept of Justice, Criminal Div., Memorandum: Response to letter from Senator McClure, by Philip
B. Heymann and Lawrence Lippe, at 2-3 (Nov. 29, 1979), available at
http://www.nfaoa.org/documents/DOJamnestyMemo1979.pdf. The Bureau of Alcohol, Tobacco and
Firearms was renamed the Bureau of Alcohol, Tobacco, Firearms and Explosives under legislation which transferred it from the Department of the Treasury to the Department of Justice on January 24, 2003. 6 U.S.C. § 531; 116 Stat. 2135 (2003).

In 1996, amid numerous complaints of unjust criminal prosecutions by the BATFE, a citizen supplied reliable evidence, that raised doubts about the accuracy and completeness of the NFRTR, to the House Subcommittee on Treasury, Postal Service, and General Government, Committee on Appropriations, and then again in 1997, after inaction by Committee, he complained to the House Committee on Government Reform and Oversight, which ordered the Treasury Department Inspector
General to audit the NFRTR; resulting in two reports being rendered in 1998.

U.S. Congress, House Committee on Appropriations, Subcommittee on the Treasury, Postal Service, and General Government Appropriations, Treasury Postal Service, and General Government Appropriations for Fiscal Year 1997, Part 5, Testimony of Member of Congress and Other Interested Individuals and Organizations, 104th Cong., 2nd Sess, at 37-274 (Washington, GPO, 1996), available at
http://www.nfaoa.org/documents/1996testimony.pdf; U.S. Department of the Treasury, Office of Inspector General, Special Report on Allegations Concerning the Bureau of Alcohol, Tobacco, and Firearm’s Registration and Record keeping of the National Firearms Registration and transfer Records, OIG-99-009, at 1 (Washington, Oct. 26, 1998), available at http://www.nfaoa.org/documents/TreasuryOIG-99-009-1998.pdf. The second report addressed other weaknesses in the NFRTR; see U.S. Department of the Treasury, Office of Inspector General, Audit Report on Allegations Concerning the Bureau of Alcohol, Tobacco, and Firearms’ Administration of the National Firearms Registration and Transfer Record, OIG-99-018, (Washington, Dec. 18, 1998) available at http://www.nfaoa.org/documents/TreasuryOIG-99-018-1998.pdf.

BATFE continues to prosecute and convict individuals based on its contention that their firearm registration records cannot be found within the NFRTR, the BATFE also declared that errors in the NFRTR could result in the improper arrest, prosecution, and conviction of an innocent person, who had simply lost his paperwork, and for whom the agency had no records.

NFA Branch Chief memorandum to ATF Assistant Director for Technical and Scientific Services,
Purification and Verification of the National Firearms Registration and Transfer Record, Apr. 3, 1975,
reproduced in Oversight Hearings on Bureau of Alcohol, Tobacco, and Firearms, Senate Committee on
Appropriations, 96th Cong., 1st Sess., at 42 (Washington, GPO, 1979), available at
http://www.nfaoa.org/documents/1979_Hearing_Excerpts.pdf.

In a major victory for those of us arguing that the National Firearms Registration and Transfer Record (NFRTR) is insufficient for criminal proceedings, Dr. Fritz Scheuren, "the" statistician in the United States (possibly the world), today informed the 10th District Court that the NFRTR is insufficient for criminal proceedings. While no decision has been rendered in the case of US v. Larry Douglas Friesen, this is a MAJOR defeat for the BATFE, who, over the years, has argued that although the NFRTR is flawed, it still can be used in criminal proceedings. To understand just how flawed the NFRTR is, see my article on the NFRTR violating Due Process.

The National Firearms Act [NFA] of 1934

In 1933, after the attempted assassination of President-elect Franklin D. Roosevelt and growing fears of organized crime’s increased prominence, the Congress sought federal regulations on firearms.

See ROBERT J. SPITZER, THE POLITICS OF GUN CONTROL 104 (CQ Press 2d ed. 1998); JOSH SUGARMANN, NATIONAL RIFLE ASSOCIATION: MONEY, FIREPOWER, AND FEAR 29 (National Press Books 1992). For an excellent comprehensive history and analysis of the relevant social and legal issues during this period, including an extensive discussion of NFA issues, see Thomas Earl Mahl, A History of Individual and Group Action in Promoting National Gun Control Legislation During the Interwar Period, 1919-1941, unpub. Master of Arts thesis, Kent State University, August 1972, available at .

US Congress, House of Representatives, Committee on Ways and Means, National Firearms Act:
Hearings on H.R. 9066 before the House Comm. on Ways and Means, 73d Cong., 2d Sess., at 1
(Washington, GPO, 1934) (testimony of Attorney General Homer Cummings), available at
http://www.nfaoa.org/documents/NFA-1934house.pdf.

 Introduced as H.R. 9066, the bill, which became the NFA, originally sought to require registration of any “firearm, a term defined to mean a pistol, revolver, shotgun having a barrel less than sixteen inches in length, or any other firearm capable of being concealed on the person, a muffler or silencer therefore, or a machine gun.”

The term “machine gun” was defined as any weapon capable of firing twelve or more shots without manual reloading.

The Justice Department, aware of the growing concern over H.R. 9066, submitted a substitute bill, H.R. 9741.10 H.R. 9741 required existing firearm owners to register their arms within sixty days, except for firearm acquired after the effective date of the Act; whereas, H.R. 9066 would have only applied to firearms sold after its enactment.

See U.S. Congress, House of Representatives, Committee on Ways and Means, National Firearms Act:
Hearings on H.R. 9066 before the House Comm. on Ways and Means, 73d Cong., 2d Sess., at 1
(Washington, GPO, 1934) (depicting the Department of Justice’s understanding that H.R. 9066 would not be approved), available at http://www.nfaoa.org/documents/NFA-1934house.pdf.

 Id.; H.R. 9066 at 84. While H.R. 9741 eliminated a double registration requirement for those who
registered prior to the expiration of the sixty days, the exemption led to the registration requirement being stricken as a violation of the firth amendment’s self incrimination clause some thirty-four years later. See Haynes v. United States, 390 U.S. 85, 100.

Worried that the bill would be found unconstitutional, because it violated the Second Amendment, the Congress redrafted it to conform to the regulatory scheme of the Harrison Anti-Narcotic Act of 1914, which was based on the taxing power and held to be Constitutional, and Had last known a $200 tax stamp. See H.R. 9066.

The Congress declared, “[I]t is important to be able to identify arms to see which possessors have paid taxes and which firearms have been taxed and which have not.” See Id. at 87 (testimony of Ass’t Att’y Gen. Joseph Keenan).

When H.R. 9741 was complete, the definition of “firearm” had drastically changed. First, pistols and revolvers were omitted, thus limiting the Bill to machine guns, sawed-off shotguns and rifles, silencers, and concealable firearms other than pistols and revolvers.

H.R. Rep. NO. 1780, at 1. “Your committee is of the opinion that limiting the bill to the taxing of sawed-off guns and machine guns is sufficient at this time. It is not thought necessary to go as far as to include pistols and revolvers and sporting arms.” Id.

Second, the definition of “machine gun” was changed to cover firearms that fired more than once for each single function of the trigger, regardless of munitions capacity.

Also, of particular interest, the transfer tax was fixed at two-hundred dollars, which in 1934 was the retail price of a Thompson machine gun. See H.R. 9066 at 12

The Congress, satisfied with the enumerated changes, enacted the NFA. See 26 U.S.C. §§ 5801-5872, 48 Stat, 1236

Note: If the Federal Register confirms the idea to circumvent the law by applying a tax then this is most likely is unconstitutional and eliminate all standing of law,making it a nullity and null and void.

The NFA placed a tax on the manufacture and transfer of all machine guns, short-barreled rifles and shotguns, silencers, and other concealable firearms, excluding handguns, identified as “any other weapon.”

A comprehensive understanding of what is being controlled, one must consider the definitions:
(a) Firearm. The term 'firearm' means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length;19 (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length20; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer....and (8) a destructive device. The term 'firearm' shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by
reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

26 U.S.C. § 5845(a); It should be noted that Destructive Devices were added by the Gun Control Act of
1968, as was the “collector’s item” provision to remove a firearm from the NFA. 82 Stat. 1235, § 921.

(b) Machinegun. The term 'machinegun' means any weapon which shoots is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person. See § 5845(b).

c) Rifle. The term 'rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge. See § 5845(c).

(d) Shotgun. The term 'shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of
projectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell. See § 5845(d).

(e) Any other weapon. The term 'any other weapon' means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, see § 5845(e), a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

Id. This provision, which was added by the Gun Control Act of 1968, was largely the result of codifying
previous rulings and was intended to bring statutory uniformity to the “any other weapon” definition. 82 Stat. 1235, § 921.

Since the NFA is part of the Internal Revenue Code, it created a regulatory system, which taxed all aspects of the manufacture, importation, and distribution of the above listed firearms, as well as some additional ones that were added during the 1968 Gun Control Act. See § 5802.

More importantly, the NFA required the Secretary of the Treasury to create a registry, known as the NFRTR, of all NFA firearms in the United States not under the control of the United States Government. See § 5841.

The most interesting aspect to enactment of the NFA, pertinent to the NFRTR, is that during the 1934 Congressional Hearings, Karl T. Frederick, then President of the National Rifle Association, declared, As a matter of human experience, the owner of a gun is going to lose papers, they are going to get mislaid, they are going to get burned up, if he cannot turn them up when required to do so he is liable to go to jail. I think there ought to be a simple method of obtaining a copy of that paper from the authorities with whom the original was filed . . . . If not, in the actual operation, you are going to create criminals.

U.S. Congress, House Committee on Ways and Means, H.R. 9066, 73rd Cong., 2nd Sess., at 57
(Washington, GPO, 1934), available at http://www.nfaoa.org/documents/NFA-1934house.pdf.

B. Bureau of Alcohol, Tobacco, Firearms, and Explosives [BATFE]
The history of the BATFE is traced back to the first federal tax on distilled spirits in 1791. 26 U.S.C. § 5001;  http://www.atf.gov/about/atfhistory.htm. See also, Congressional Research Service,
Memorandum: ATF’s National Firearms Registration and Transfer Record: Issues Regarding Data
Accuracy, Completeness, and Reliability, by William J. Krouse, Nov. 28, 2005, at 3, available at
http://www.nfaoa.org/documents/CRSmemoNFRTR0001.pdf.

Since the NFA is ostensibly a tax provision, it was originally administered by Miscellaneous Tax Unit [MTU] of the Department of the Treasury’s Bureau of Internal Revenue [BIR]. See CRSmemoNFRTR0001.pdf.  http://www.atf.gov/about/atfhistory.htm.

In 1942, the MTU’s NFA duties were reassigned to the BIR’s Alcohol Tax Unit [ATU].

In the wake of the 1968 Gun Control Act, the ATTD assumed the responsibility for explosives as well, and as a result, was renamed the Alcohol, Tobacco, and Firearms Division [ATFD]; thereafter in 1972, it became a bureau and was designated the Bureau of Alcohol, Tobacco and Firearms (ATF).

With the passage of the Homeland Security Act, the Congress transferred the ATF to the Department of Justice and renamed it the Bureau of Alcohol, Tobacco, Firearms and Explosives [BATFE]. See 6 U.S.C. § 531; 116 Stat. 2135 (2003).

The Secretary of the Treasury was replaced by the Attorney General as the federal official responsible for administering the NFA and maintaining the NFRTR.

Denote: 2015 Filings in DOJ have all states in controversy where Jurisdiction may be limited to D.C. and a PA filing where Departments may be Private entities owned by BAR.