Ideas and Reasons for reversing The Hughes Amendment

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nate45

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In the recently closed thread on FA weapons and the laws and regulations governing them, the idea was put forth that perhaps the most doable and reasonable course of action was to pursue the repeal of the infamous Hughes Amendment(prohibits the general public from possessing fully auto firearms manufactured after May 19, 1986.)

It seems there is a strong opposition to repealing the NFA, on the grounds that FA weapons might fall into the wrong hands. However it seems that the majority of firearms owners might be willing to get behind an effort to repeal the Hughes Amendment.

In this thread I would like to explore logical, reasonable ways that this might be achieved and the best arguments for convincing the general public that this is a good idea and not an undue danger to society.

Please try to stay on topic, if you feel that we should all be able to own howitzers, M1 Tanks and back pack nukes so we can battle the Queen of England and Space Aliens, please refrain from posting.:)
 
When we argue against such things as th AWB we successfully refute the arguments of the other side that these are dangerous military weapons.

However when discussing the repeal of the hughes amendment the other side will have some what of a point that these are in fact military weapons. Most of the public will buy this making any effort to repeal it very difficult.

The best way to get something like this done is to put it in a bill with little or no debate much the way the hughes amendment was passed in the first place.
 
nate45 said:
In this thread I would like to explore logical, reasonable ways that this might be achieved and the best arguments for convincing the general public that this is a good idea and not an undue danger to society.

First my general impressions of the Amendment. Basically it was either 1) a poison pill meant to defeat the 1986 FOPA or 2) a "bird" shot at gun owners by Charlie Rangel and company. My readings show that the NRA really wanted this bill (FOPA of 1986) and President Reagan offered to veto it but the NRA chose to let it go with the (they thought) higher and more important goal of amending the GCA of 1968. I believe the FOPA added the "peaceable carry" rule among others that allow us to transport legally firearms (unloaded and locked up) through states that might prohibit such.

I know when we discuss rights we tend to take rather strong unshakeable views but in politics you frequently end up compromising. I will not debate the NRA's wisdom in not urging a veto of FOPA because of Hughes but I read that they had worked for many years to get FOPA passed.

Arguments for repealing it have been posted on here before.

Mainly that the crime rate for legally owned and registered FA has been nil since 1934. Also, other than raise the price of the guns the bill prevents no crime. That fact is that those who go through the restrictions of the NFA to buy FA weapons are very unlikely to commit crimes.

It also might be argued that the law is a de facto ban since it freezes the number of machineguns that will eventually break or be lost and therefore violate Heller in that it bans an entire class of firearms with no compelling state interest.

The other side would say that the lower prices and greater number of people who would have them might make them easier for BGs to get via theft.

The biggest problem FA has is the same problem the AR-15/AK-47 had in 1994. That is, not many people use them and really never have so the interest in repealing Hughes might be tough. Hunters and other shooters might not really care about owning them and so would not support it.

What could make more people support repealing Hughes? Bad stuff, meaning something like Mumbai happening numerous times which I would really hate to see and don't think will happen. However, like concealed carry on campus FA could make a comeback if the general public felt they needed the weapons to protect themselves.

My .02.
 
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The best way to approach the idea is first, be careful not imply that these weapons will all of a sudden be available to anyone at any gun store. That the regulations and registration of those individuals owning AW's, will still be in place.

Second...I can't think of a good idea that could sway to the side of the repeal. I've got pleanty that make sense to me, but none that would turn someone completely against the idea.

Maybe we need to take a page out of the anti gun's playbook. Start small. Start with doing away with or lowering the tax on such weapons. This might draw more of a following if they are more affordable. I know I would. The license isn't the problem. It's cost of the weapons that deters me.

Another approach would be to investigate the legality of how the amendment was passed in the first place. Try to dispute it.
 
The tax is piffle

In 1934, $200 was a lot of money. Today, not so. One truly amazing thing is that they govt has never raised the tax. And so, it is not something that we really want to bring to their attention.

While the cost of FA guns was high, it wasn't until the supply was frozen that it went into orbit.

The Hughes amendment was indeed intended to be a poison pill killing the FOPA. We whine and cry about the terrible injustice done to those who wish to own FA weapons, but somehow overlook the larger numbers of ordinary gun owners who had their lives wrecked by running afoul of some of the GCA 68 regulations. People went to jail, and lost their gun rights (and a lot of money) because of things like a flat tire while driving through a state with restictive gun laws. People went to jail for transposing digits when filling out a form. These kinds of things were what the FOPA did away with, and at the time, swallowing the mahinegun freeze was the price we paid for the greater good.

Yes, I do believe that we could repeal the amendment, BUT it needs to be done carefully, so as not to bring media attention, or give them a lot of time to roll out their "big guns". Burying a couple of lines in one of these 1,300+ page "must pass" bills, making and "editorial change" is, I think, the way to go about it. "Change line 12345 of law XYZ to read.....", and just change it to allow additional items to be entered into the registry. Thats all.

Sneak it in, and shut up about it. Then wait. Maybe even make it so that there is a delay (a year?) before it goes into effect. Then when the antis trip over it, we can say, "hey, this was passed a year ago, you didn't have any problem with it then", or something like that.

Keep all the BS rules from the NFA 34, disgusting as they are. Just allow people to do what they were allowed to do in 1985. And remember, the rules also require approval from local law enforcement. When they argue that everybody will have a machine gun, remind them that part of the Federal approval requires the chief LEO of your local area to sign off on the deal. If your local police/sheriff (who presumably knows you better and the feds) is ok with it, what is the problem?

There are some states that, by state law, completely prohibit FA ownership. I live in one of them. There is nothing to be done about that, now, or in the forseeable future. But we do have a small chance to change things at the Federal level. But only if we don't make a big public issue about it. The simple truth is, that the general public, and a significant portion of ordinary gun owners have been brainwashed for generations about how machine guns are the worst thing possible in private hands, short of nuclear weapons. And we aren't going to change that, even if we could get everybody to visit Knob Creek, and have fun doing it.

If it comes to a public issue, we will lose, and odds are, by bringing it up and losing, we will be worse off than we are now. I say, steal a page from the other side's playbook, find a legislator who will add in the needed lines, and let them catch us, if they can. What do we really have to lose?
 
I have read much on this topic, and one of the other strong arguements is that we allow weapons to be manufactured within the US, and they don't end up on the streets from theft, yet end up in local police departments and military bases throughout the nation. is it so illogical to believe that we must have these to protect our nation, yet only the federal govt is the only one that is "safe" enough to require these firearms? if our border protection system happens to fail, it will be the general public that defends our lands. personally, I feel that the ownership of FA's is a personal choice, I'm not sure if I would like to own one, yet would like to purchase one that wasn't made over twenty years ago.
Another valid issue that resides within this debate is the necessity to define the different aspects of what is a civilian, or what should be a "military only" full auto. I'm not too sure I'd be completely comfortable with my neighbor owning a M2, or a M134. those are strictly miltary, and shouldn't be owned by civilians. however, with the updates to safety and security in modern firearms, such as the FN F2000 and P90 and the MP7, the fact remains that these are safer designs than what was designed into the Thompson.
with the news of the HR 2296; the BATFE Modernization laws being discussed, now is the time to state your opinions to your respective senators and congressional reps.

repealing this act not only voids the underhanded way it came into effect, but also would allow legitamate commerce to increase, and furthermore improve the safety in regards to the condition of FA's out in circulation.
 
WELCOME to TFL!!

And an interesting first post.

I have to take issue with one part of your logic, and that is..
Another valid issue that resides within this debate is the necessity to define the different aspects of what is a civilian, or what should be a "military only" full auto. I'm not too sure I'd be completely comfortable with my neighbor owning a M2, or a M134. those are strictly military, and shouldn't be owned by civilians. however, with the updates to safety and security in modern firearms, such as the FN F2000 and P90 and the MP7, the fact remains that these are safer designs than what was designed into the Thompson.
Am I to infer that you object to mere civilians owning certain full auto firearms, but are ok with them owning others? I have to wonder at the objectiveness of your selection criteria.

To me, the idea that there are firearms that "civilians should not be allowed to own" is elitist, and shoots your positive statements about civilian ownership right in the foot. One is not allowed to pick and choose what is acceptable to own, and what is not. This attitude is one of the main things we are upset with about current law. The Second Amendment does not say we have the right to own "some" guns.

I agree that there are some people who should not own full auto firearms, because they, as individuals have proven their irresponsibility. There are people who should not own any gun. There are people who should not own matches, sharp objects, or drive cars too. But it isn't the proper place of the law, or of us as citizens who claim to respect and value freedom and liberty to bar fellow citizens from owning what they choose, until they prove themselves unfit. Liberty demands responsibility.

Out society has, in the past century, shifted so much emphasis on to protecting the public from themselves that we have come to accept a level of outside control over our personal actions and property as proper. The entire idea of things (inanimate objects) that a free citizen is allowed to own, or not allowed to own is something deeply ingrained in many people, so much so that some of them do not even recognize it.

You, as an individual, or acting through the agencies of government, deciding what I can safely own, arbitrarily, with no proof I am not competent to maintain public safety is simply prior restraint on my actions, and a slur on my honor, as it is for all of us under these laws.

We have had for centuries, laws prohibiting the harming of others for fun and profit. And these ancient codes take no account of the tools used, only the actions committed. Why then determine that certain tools are unsuitable for ownership, simply because you fear their misuse?

Your neighbor may be an idiot, or mine may be. They may not be safe with a full auto firearm. But until they prove they are, using their possible actions as a justification to deny me my right to free will in choice of property, my "pursuit of happiness" is wrong. At least it is in my opinion, and was in the opinion of the Founding Fathers as well, based on what they wrote, and did.

It boils down to either you consider people competent until they prove otherwise, or you consider them incompetent until they prove otherwise. Your statement about some full auto being allowable, and others not leads me to wonder which view you actually hold.

Pardon the rant, I'm afraid I run on sometimes. Welcome to TFL! I look forward to your arguments, both pro and con.
 
Mattnuckolls, welcome to TFL. HR 2296 does appear to be gaining traction, with 197 co-sponsors, from both sides of the aisle.

In 1934, $200 was a lot of money. Today, not so. One truly amazing thing is that they govt has never raised the tax. And so, it is not something that we really want to bring to their attention.
And therein lies a possible and valid legal challenge. Last year, SCOTUS acknowledged the RKBA as an individual, fundamental right. Next year's case will cement this interpretation.

So, is it constitutional for the government to tax a fundamental civil right? In Minneapolis Star v. Minnesota Commissioner of Revenue, they ruled that a Minnesota tax on ink and paper was an unfair abridgment of freedom of the press. The same argument could, if presented correctly, be applied to the NFA.

A suit against the Hughes amendment would be different. I'm not sure how effectively a manufacturer could claim damages via lost profits because they can't manufacture FA weapons for the civilian market, considering that they haven't been able to do that for 23 years.

The problem is, the NFA could be rescinded, but the Hughes amendment would still stand.

Burying a couple of lines in one of these 1,300+ page "must pass" bills, making and "editorial change" is, I think, the way to go about it.
It worked for national park carry. Without veering into pure politics, we should consider how things will be for this administration in 2011. They'll be in Legacy Building Mode, and they'll want to pass some Big Important Stuff for posterity. If they want something bad enough, they might be willing to swallow something like a repeal of the Hughes amendment, as long as they don't immediately come away looking like they were complicit.

Heck, they want a public option? Repeal registration on silencers, then. I see no harm in trying.

First and foremost, we should push for amnesties, even if only temporary. The NRA has HR 442 on the block, and something like that, on a small scale, could prove to the populace that FA weapons in the hands of civilians don't automatically become killing machines.
 
To me, the idea that there are firearms that "civilians should not be allowed to own" is elitist, and shoots your positive statements about civilian ownership right in the foot. One is not allowed to pick and choose what is acceptable to own, and what is not. This attitude is one of the main things we are upset with about current law. The Second Amendment does not say we have the right to own "some" guns.

Dont take me wrong, I am all for the restrictions to be reversed, however, I believe a logical agruement could be made for the repeal of the H.A., if there was a definition of what is a military weapon, and what would be considered a legitimate weapon for civilian purposes. One thing that could also be another strong arguement would be that when they wrote the second amendment, there weren't any firearms that could fire 600+ rounds of ammo at the squeeze of a trigger! to me, there is a clear distinction of what is a military useable weapon, and what is a civilian arm. maybe with a clearer definition of the two, we could get the belt loosened on some newer weaponry.

Out society has, in the past century, shifted so much emphasis on to protecting the public from themselves that we have come to accept a level of outside control over our personal actions and property as proper. The entire idea of things (inanimate objects) that a free citizen is allowed to own, or not allowed to own is something deeply ingrained in many people, so much so that some of them do not even recognize it.

Tell me about it, the NFA was a neccessary thing, to at least have a registery of who owns FA< prevents Mobs and gangs from taking control> to protect the citizens, but in the same breath punishes law abiding individuals from being at the ready to protect the land; the true purpose of the second amendment, to have a militia at the ready to support the military in the instance of attack upon the country.
You, as an individual, or acting through the agencies of government, deciding what I can safely own, arbitrarily, with no proof I am not competent to maintain public safety is simply prior restraint on my actions, and a slur on my honor, as it is for all of us under these laws.

BUt I don't even know you! (JK) I have a question, though I am a mixed answer kind of person, so bear with me. I don't agree with the hughes act, but also agree that the NFA is needed. As a country we have many freedoms that no other nation can say they have. I believe that in many instances individuals are given rights that they do not deserve, and they end up F'n it up for the rest of US that abide by the Law. Take the Virgina Tech shooter, Columbine, The mobsters from the 1920's, Bonnie and Clyde (Packed BAR's), The Hoddle Street and Queen Street Massacres ( Check out Australia's Gun Ban). I say that all gun owners should have a fireproof safe, and take a safety course. the same applies to how I view FullAutos. a training course should be required. I have watched as a woman picked up her husbands m16, aimed down range let off full auto and proceeded to lob 10+ rounds directly into the air as the muzzle climbed skyward. I have also witnessed an outdoor WMA rifle range get shut down because a club would take multiple full autos there (which was prohibited). at that same range I also watched a guy shoot off a revolver, and after firing a few shots he pulled the trigger, nothing happened, he immediately turned the pistol and looked directly down the barrel. (luckily? it was empty). So HERE IS MY QUESTION, as a responsible gun owner, would you support a bill that repealed the H.A. if it also required a training course to be taken, AND, as this relates to the second amendment, ( ... a well organized militia) be willing to serve in the military if called upon in a time of distress? I believe in the right to keep and bear arms, but there are a slight few of those people, that end up doing something stupid, and all of us get blamed. which brings me to my point, nothing else is as hot buttoned as gun owners, and firearm rights. one person acting irresponsibly affects all of us, and we all end up paying the price. proper training not only prevents stupid mistakes on the part of firearm owners, but also raises their consciousness and improves their responsibility. By providing a means of resonsiblitiy WE can debate the arguement against the anti-gun lobbyists and cut them off at the knees.

Your neighbor may be an idiot, or mine may be. They may not be safe with a full auto firearm. But until they prove they are, using their possible actions as a justification to deny me my right to free will in choice of property, my "pursuit of happiness" is wrong. At least it is in my opinion, and was in the opinion of the Founding Fathers as well, based on what they wrote, and did.
So until they have an accident or intentionally misuse their weapon, such as the incident in LA with Phillips and Matasareanu, any idiot should have full rights to the firepower of a full auto? flimsy arguement. I am simply of the frame of mind that if we are to force our way into repealing this law on post 1986 full auto rifles, one method is to impose a training course on full autos as a concession.
It boils down to either you consider people competent until they prove otherwise, or you consider them incompetent until they prove otherwise. Your statement about some full auto being allowable, and others not leads me to wonder which view you actually hold.
I don't think it comes down to the arguement of compentcy versus incompentecy, I believe that if you are competent, you should not have an issue with validating it to earn more rights. on the basis of your arguement, anyone should have the right to drive a car without the necessity of a license. I feel that as responsible gun owners, to have the rights we wish, we need to accept that many people are against us, and if we are willing to concede certain scopes that we have a better chance at getting what we like. My arguement, is against the Hughes Amendment, not the NFA< without the NFA, it would be possible to own RPG's, grenade lauchers, etc. My stance is that a Rifle is a weapon that a civilian should be able to own. I used the Ma Duece and the Mini-gun as examples of a "military only" weapon as they are either crew served, or mounted to vehicles. If I had the right to purchase a SAW, or a 240golf, I would enjoy that right. some boundaries need to exist, or someone's liable to end up with a minigun mounted on a Silverado driving around shooting up whole neighborhoods.

Don't think I am against attacking, I just think that you need to accept that many people are against the concept, and this topic is related to the How to logically repeal a senseless law( the Hughes Amendment) not to eliminate the NFA. Some weapons are simply not meant for anyone to get their hands upon. by your arguement since I haven't proven myself incompetent, I should be able to buy an full auto grenade laucher and mount it on my vehicle (yes I know that is a huge leap, but the concept still applies). "deciding what I can safely own, arbitrarily, with no proof I am not competent to maintain public safety is simply prior restraint on my actions, and a slur on my honor, as it is for all of us under these laws.....
using their possible actions as a justification to deny me my right to free will in choice of property, my "pursuit of happiness" is wrong."
I can't agree with that arguement. I have enough honor to know that in some instances providing proof that I am responsible are neccessary for me to have some of the things I want in life.
 
Opps, sorry, I forgot to say thanks to both the previous authors for welcoming me to the forum. so far, I'm liking it, appears to have credible and sane, as well as educated participants.

keep in mind, this topic is against the Hughes amendment, NOT against repealing ALL FA laws, just the senseless law passed that prevents currently manufactured fA's to be distributed.
 
I think there would be a lot of political difficulties repealing the Hughes Amendment but I could be wrong.

First, trying to insert it as an amendment into a bill would probably not escape the scrutiny of the Brady Bunch. Someone would tip them off. However, A skilled legislator MIGHT slip it in as a fait accompli as did Rangel in 1986. IF the bill was so important to pass to the Obama administration they might sign it.

Then you would have problem number two. For this I'll quote Alan Gura, the lawyer who argued Heller for us:

The fact is, outside the gun community, the concept of privately owned machine guns is intolerable to American society and 100% of all federal judges.

I think you will find VERY little support for unrestricted or more FA ownership amongst the US Public currently. The thought of widespread ownership of newly cheap FA is a scary thought to most non-gun owning folk (and they are in the majority). I know using the word "need" with gun rights gets people upset (me included) but politically IMO most Americans would say something along the lines of: "No one needs a machine gun."

I don't think you will find any support in the courts or the "courts of public opinion" for widespread FA ownership today.

However, maybe that could be a goal once we beat back the AWB and the idea politically that it could be viable again? Attitudes migh change?
 
44 AMP said:
Your neighbor may be an idiot, or mine may be. They may not be safe with a full auto firearm. But until they prove they are, using their possible actions as a justification to deny me my right to free will in choice of property, my "pursuit of happiness" is wrong.

The problem with that point of view to Joe Citizen is that IF your neighbor is an idiot and legally possesses a weapons/explosives etc. that can very quickly cause a lot of death the idea of waiting until he "proves" to be an idiot and half the neighborhood is blown up doesn't make for good public policy. You won't win many over to that point of view outside TFL.

EDIT: BTW IIRC there is no constitutional right to "the pursuit of happiness".
 
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In 1934, $200 was a lot of money. Today, not so. One truly amazing thing is that they govt has never raised the tax. And so, it is not something that we really want to bring to their attention.

While the cost of FA guns was high, it wasn't until the supply was frozen that it went into orbit.
+1. I've contemplated this issue before, and it seems to me that the big risk is that it will shine a spotlight on the NFA tax. To me, the most obvious compromise that gun-rights opponents might be willing to accept to repeal the Hughes amendment is a BIG bump in the NFA tax, on the order of a 10x-20x increase and/or pegging it to inflation. :eek:

The whole issue is a doozy. I'd like to see the NFA comprehensively rewritten or replaced with something that better reflects reality circa 2009, rather than the days when John Dillinger and Clyde Barrow were running rampant. (The latter wouldn't have been affected by the NFA since he stole all of his FA weapons from National Guard armories, but I digress. ;) )

I think that the political climate is ripe for it, considering surveys showing that the American public is generally more pro-gun-rights than they've been in decades. However, I think that FA proponents need to be prepared for a BIG increase in compliance costs, and I worry that it may torpedo my hopes that Congress will liberalize ownership of suppressors, SBRs, and SBSs, which in my mind will benefit the average American shooter more than liberalizing FA weapons.
 
I realize I am in the minority with my views of what "ought" to be, versus what is, and has been for some time. And I do recognise that in today's world, we will not have what ought to be, if for no other reason decades of brainwashing about how dangerous full auto weapons are.

One thing that could also be another strong argument would be that when they wrote the second amendment, there weren't any firearms that could fire 600+ rounds of ammo at the squeeze of a trigger!

It sounds like a strong argument, until you look beyond the surface. The real flaw is basing the argument on what the founding fathers knew about, as being the applicable yardstick for determining what is Constitutionally protected or not.

The Founding Fathers didn't envision telephones, cell phones, the Internet, or any other "instant" means of communication, other than face to face speech. Under your argument, that would mean that only face to face speech (and printed materials produced on hand operated printing presses would be covered by the First Amendment!

I do not believe the NFA 34 is a necessary law. I would love to see it repealed. However, I know that is highly unlikely, and I would gladly accept living under the restrictions it imposes, even though I feel it serves no valid purpose. Note that in over 70 years of registered/restricted ownership of FA weapons (NOT a ban) there has only been single documented instance of a legally owned FA weapon being used in a crime (that I am aware of), and that one was done by an owner who was also a police officer (and it was not done in the course of his duty! Generally speaking, those people willing to go through the process to legally own a full auto do not use them to commit crimes.
Take the Virgina Tech shooter, Columbine, The mobsters from the 1920's, Bonnie and Clyde (Packed BAR's), The Hoddle Street and Queen Street Massacres
1920s gangsters were not breaking the 1934 NFA, as it did not exist at the time. And the others named, were all horrible crimes, committed in violation of many existing laws. How would breaking one more law have prevented any of that?
I don't think it comes down to the argument of competency versus incompetency, I believe that if you are competent, you should not have an issue with validating it to earn more rights. on the basis of your argument, anyone should have the right to drive a car without the necessity of a license.
Here is one difference in our points of view. I believe that rights are fundamental, natural rights, a consequence of one's existence. Rights are not earned. Ever. Earned is something one does for a privilege.
One does have the right to drive a car, without the necessity of a license. But one does not have the right to drive a car on public highways without one. Note the difference, subtle though it is. A blind man can own a car, legally. But he can't get a license to drive it on public streets.
I see no valid reason to bar citizens from owning what they choose, as we already have lots and lots of laws covering how those things can be used in public! Therefore, since those who are willing to violate the laws about use are also willing to violate the laws about ownership, such laws do nothing except harass and restrict those willing to obey them. And laws like that do nothing to foster respect or goodwill towards the government, and those who's job is to enforce them.
without the NFA, it would be possible to own RPG's, grenade launchers, etc.
FYI, it is possible, and legal under the NFA to own RPGs, grenade launchers, etc., even artillery ammunition! Each round is an individual destructive device (explosive), and is tracked and licensed, but it is both possible and legal to own them, if a bit expensive.
Are you aware that the original NFA 34 (as proposed) did not include "silencers", but included handguns? This was quickly changed, as the sponsors of the time recognised that they stood no chance at all of passage if they kept handguns in the bill, so silencers were inserted instead.

I realize I am more than a bit Darwinian in my views about these "dangerous" things, and that isn't mainstream thinking anymore. And so I am willing to accept reasonable compromise. However, I am not willing to allow others to define, solely by themselves, what reasonable is. One trouble with gun control laws (all of them to date) is the sponsors idea that reasonable means "what's mine is mine, and what's yours is negotiable".

I'd love to see the NFA laws turned back to what we had before 1934, but I realize that both the amount of time, and entrenched attitudes make that impossible. I recognize that the general population believes that "nobody needs a machinegun". Also that calling attention to this issue in public is a loser for us, unlike CCW and general ownership, which have recognisable benefits. For over 70 years the only press about machineguns in private hands has been bad. Everybody "knows" only bad guys have machineguns. Hollywood has been pushing machineguns in its entertainment productions for decades, and always in the hands of either a govt agent/soldier or a criminal. Tough to go against that kind of propaganda. The relative handful of shooters who fancy FA firearms, know that they are not evil dangerous things, anymore than any other firearm. But nobody else knows this, especially after having been told the opposite for generations. Most people only know that machineguns are illegal, and do not know about the NFA 34 process for owing them. Background checks, investigations, fingerprints, and more than anything else, approval of the head of local law enforcement are required. That, to me is one of the better provisions of the NFA34, that local law must give approval. Who is more likely to be able to judge your character better? The people who live where you do, or a distant Fed bureaucrat?

What we have today is a couple of maturing generations who are discovering that while they may have the means and the desire to responsibly own FA weapons, they no longer have the legal ability, due to the Hughes Amendment.
So HERE IS MY QUESTION, as a responsible gun owner, would you support a bill that repealed the H.A. if it also required a training course to be taken, AND, as this relates to the second amendment, ( ... a well organized militia) be willing to serve in the military if called upon in a time of distress?
I would gladly support anything that allows the FA registry to be reopened. However, I feel that a requirement for a training course is a bad idea. Not because people should not have training, but simply because making it a govt requirement will lead to abuse by those in power who object to gun ownership in principle. Just look at what they did with the training course that was supposed to "allow" pilots to be armed!

Would you support the training course if, it was expensive, required you to travel to another part of the country, and spend a week or two (all at your expense) and was only given once every 3 years? IF you include a requirement for a training course, the antis will do every thing they can to make it as difficult to attend as possible. That's why I object.

As to serving in the military in time of distress? That is the duty of all citizens, gun owners or not. One may serve in ways other than combat, after all. We still have conscientious objector status, if your moral beliefs put you there.
 
there has only been single documented instance of a legally owned FA weapon being used in a crime

S what are the stats on illegal FA's? this simply illustrates what happens when they fall into the WRONG hands.

FYI, it is possible, and legal under the NFA to own RPGs, etc
I am aware of this, but at least we have a registry of the owners, The NFA created that means. My intent was to say that you could buy them as easily as a handgun without the NFA.

1920s gangsters were not breaking the 1934 NFA, as it did not exist at the time.
are you seriously this self absorbed? IT was THEIR ACTIONS THAT BROUGHT ABOUT THE NFA! that hole paragraph was aimed at illustrating how some individuals mess the stew up for the rest of us.


Look, it is obvious that you want everyone to have access to firearms at convienence stores, without regulation. that's worked out well for the middle east, right? you obviously have deeper set issues than this, and I'm done with it. THIS WHOLE TOPIC WAS ABOUT THE 1986 Hughes amendment, that prevents new manufactured Full autos to become legitamitely purchased under the NFA>


NFA= good, and neccessary,
Hughes amendment= NOT good.

get it? thats my point, and I won't argue with your wild west philosophy anymore. Either add something constructive towards suggestions on the repeal of the hughes amendment, NOT THE NFA, or don't respond to me, please get back on topic.
 
44 AMP said:
I realize I am in the minority with my views of what "ought" to be, versus what is, and has been for some time. And I do recognise that in today's world, we will not have what ought to be,

I feel your pain. Of course, if things were as they "ought" to be we would have no need for government, cops, lawyers and oh yeah....guns!:D

44 AMP said:
do not believe the NFA 34 is a necessary law. I would love to see it repealed...Note that in over 70 years of registered/restricted ownership of FA weapons (NOT a ban) there has only been single documented instance of a legally owned FA weapon being used in a crime (that I am aware of), and that one was done by an owner who was also a police officer (and it was not done in the course of his duty! Generally speaking, those people willing to go through the process to legally own a full auto do not use them to commit crimes.

You see 44 whenever one makes that argument it simply validates the NFA! Of course the antigunners believe the same thing about other types of firearms. Are we safer from FA crime because of the NFA? You seem to be saying yes and those NOT willing to go thru the process would be more likely to abuse the weapons.

44 AMP said:
I believe that rights are fundamental, natural rights, a consequence of one's existence. Rights are not earned. Ever. Earned is something one does for a privilege.

And I believe, as did Locke, that the lives of men in the absence of government is nasty, short and brutish. By the social contract we accept a diminuation of our "natural" rights to have order thru government. That is why we regulate things that people may or may not do. For the common good of all.

Going back to what ought to be I think it was Alexander Hamilton who said that "If men were angels, we would need no government."
 
nate45 said:
...the best arguments for convincing the general public that this is a good idea and not an undue danger to society....
I see that as the fundamental sticking point. I just can't imagine any argument that's going to sway Suzi Soccermom.
 
Not a lot of hope, if done publicly

While public support for self defense gun ownership has increased since 2001, the general attitude towards machine gun ownership remains "nobody has a need for those things".

As I have said before, the only way to go about getting the Federal Registry reopened is to do it quietly. Putting a single line in one of these 1000+ page bills that reads something like "change law XXX.xx, deleting line 123.45" Make it seem like a simple editorial change, and don't advertise it.

No need to repeal the Hughes amendment, just edit it to modify the language. If we are not seen as wanting to repeal the "machinegun ban" we will be better off, in the court of public opinion.

And it is a ban, as by not allowing any new items to be added, it guarantees that, those in the inventory will be reduced, over time by the fact that they do wear out, eventually. This might be the more telling argument in a court, by reason of the Supreme Court decision that while restrictions can be in place, out right bans are unconstitutional. However, challenging the Hughes amendment in court I feel is a last resort, due to the focus of public opinion it would bring, primarily. The last thing we should do is stir up a hornet's nest, focusing our current legislators on the state of full auto laws as they currently exit. It would almost certainly bring about new, and more forceful legislation, as they attempt to "fix" the problem.

One thing I would not support is opening of the registry to only post 86 mfg weapons. When reopened (as it should be) it should be open to allow registration of any FA weapon, new or old. One of the many sad things about present law is that old collectible, rare guns, which were never registered (for whatever reason the owners had) are surfacing, as their original owners pass on, and they are not allowed to be made legal by registration and payment of the tax. The only legal path at the present time is that those guns must be surrendered, and are generally destroyed.

Wild west attitudes and dreams of the past aside, I do understand the reality of our situation. I still maintain the NFA was a bad law, but do not deny that has "worked" in the sense that legal ownership is very few, so crimes with them are even fewer. OF course, I am also deluded enough to believe that the NFA 34 was passed primarily as a way to keep large numbers of federal employees on the job, as the repeal of Prohibition threatened to put a number of them out of work. Of course, they said it was about crime control, stopping the gangsters, etc. With the repeal of Prohibition, the organised gangs were dealt a huge financial blow, and were becoming much less of a problem, as they had less to fight over. That left the bank robbers, who paid very little attention to any Federal laws, especially ones about registering and paying taxes on their weapons.

So where are we going today? Other than the clandestine approach I suggested earlier, as far as I can see, nowhere. After the "world changed" in September 2001, public support for gun control dropped tremendously, and even today, remains lower than what it was. But not for peaceful, legal ownership of FA weapons, because the general public simply doesn't believe it can exist. And the NFA and the Hughes amendment are partially responsible for this. Legal machinegun ownership is rare, and as crimes with legally owned guns are rare, so is any positive public view of legal FA ownership. Illegal ownership and use is commonly seen by the public, some in real life, and huge amounts on video screens, daily.

As a gun collector, I can separate the emotional view that guns are inextricably linked with violence, and are a causual factor, from the reality that they are mere machines, tools who can only do what their users intend them to. Many, many people cannot seem to do this. They can only see guns as dangerous, and FA are the worst in their view. I know a great many people who support RKBA, guns for sport and personal defense, yet are dead set against people owning FA firearms, because they are convinced of the havoc that would bring.

That same argument (havoc, a return to the wild west days) has also been trotted out everytime any relaxation to gun ownership has been proposed. With many states having increased the availability of CCW without this having happened, I wonder how accurate this prediction would remain if we allowed a little relaxation in the laws about FA ownership. Reopening the registry is all we need, or should ask for. Keep the NFA, I can live with that well enough.
 
As we know from scholarly research a good number of the public have negative attitudes about owning semi-auto versions of military derviative guns. This is true in the nongun enthusiast population and in many in the hunting/sport division of the gun owning public.

We also know that the owning guns for revolution argument doesn't have much traction for the general public.

Currently, the firearms industry is making efforts to portray guns such as the AR has legitimate supporting guns and down playing the militarisitic aspect and experience. Case in point, Bass Pro wasn't a black rifle store but now has the Remington sporty AR gun.

I think it would be a hard sell to move the FA guns into positive public consciouness.

I also am worried about a PR risk factor. It's true the legal FA guns have shown up in crime. However, semi military derivative guns certainly have and their usage is highlighted by antigun folks.

If we had 'easy' access to FA guns, it might be a matter of time until we get a rampage with one. IIRC, some recent arrested terrorists wannabees couldn't get FA guns easily and that in part led to them changing plans. If we did have a terrorist rampage or crazy rampage - the PR bounceback might reflect down to more stringent gun laws on everything.

So that risk bothers me. I would be ok with the current system if we kept the controls in place but allowed new gun purchases- that would probably limit the risks to some extent. I would love to have a Glock 18 - just because!

You could argue against me saying that current rampages with semis haven't produced new gun laws (but it's been tried). On the other hand, we have had semis around for a long time and not FA. Freeing them up and having trouble might be a different story depending on how the public stampedes.

Complex issue. Sigh.
 
That hound dog is mean when he wakes up.

1. It will be very difficult, if not impossible, for a civilian to demonstrate a need for an FA.

2. We are making good progress with RKBA in all other areas.

3. Any attempt to legalize FA’s will get the attention of the Brady Bunch.

4. Let sleeping dogs lay.
 
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