Registration of firearms

B

badbob

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What does this mean?

TITLE 26 > Subtitle E > CHAPTER 53 > Subchapter B > PART I > § 5841 Prev | Next

§ 5841. Registration of firearms


(a) Central registry
The Secretary shall maintain a central registry of all firearms in the United States which are not in the possession or under the control of the United States. This registry shall be known as the National Firearms Registration and Transfer Record. The registry shall include—
(1) identification of the firearm;
(2) date of registration; and
(3) identification and address of person entitled to possession of the firearm.
(b) By whom registered
Each manufacturer, importer, and maker shall register each firearm he manufactures, imports, or makes. Each firearm transferred shall be registered to the transferee by the transferor.
(c) How registered
Each manufacturer shall notify the Secretary of the manufacture of a firearm in such manner as may by regulations be prescribed and such notification shall effect the registration of the firearm required by this section. Each importer, maker, and transferor of a firearm shall, prior to importing, making, or transferring a firearm, obtain authorization in such manner as required by this chapter or regulations issued thereunder to import, make, or transfer the firearm, and such authorization shall effect the registration of the firearm required by this section.
(d) Firearms registered on effective date of this Act
A person shown as possessing a firearm by the records maintained by the Secretary pursuant to the National Firearms Act in force on the day immediately prior to the effective date of the National Firearms Act of 1968 shall be considered to have registered under this section the firearms in his possession which are disclosed by that record as being in his possession.
(e) Proof of registration
A person possessing a firearm registered as required by this section shall retain proof of registration which shall be made available to the Secretary upon request.

badbob
 
I think that this only pertains to those firearms that require a separate tax stamp for private ownership - meaning the Class III machine guns and stuff like that.

Note the Chapter Title "CHAPTER 53 - MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS "

No doubt someone will be along shortly with the correct answer.

Cheers,
Rob
 
Yes, that is part of the NFA (National Firearms Act); it only applies to weapons regulated under the NFA (machineguns, destructive devices, silencers/sound suppressors, short barreled shotguns (<18"), short barreled rifles (<16"), and the catch-all "Any Other Weapon" (firearms that do not meet the statutory definition of either handguns or rifles/shotguns).
 
I agree with Old Gaffer's interpretation. If there were a national gun registry, we'd probably know about it, or at least have evidence of its existence through its use in regular police matters.
 
Damn, you guys are sharp! I was going to get everybody all stirred up, then drop the other shoe. Oh well...:D

TITLE 26 > Subtitle E > CHAPTER 53 > Subchapter B > PART I > § 5845 Prev | Next

§ 5845. Definitions

How Current is This?

For the purpose of this chapter—
(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;
(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 length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); 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.
badbob
 
Remember, the federal government only has the constitutional authority to regulate interstate commerce. This statute (or one of the ones like it) is the reason you have to have an FFL fill out paperwork when you sell a gun across state lines!

Sales within a state, however, do not fall under this law. (Or, so I've been told!:p )
 
Remember, the federal government only has the constitutional authority to regulate interstate commerce.

Except when we're talking about the Federal income tax, apparently.
 
The power to regulate interstate commerce is granted by Article I, Section 8, Clause 3 of the Constitution:

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Click to expand...

The power to lay and collect taxes is granted by Article I, Section 8, Clause 1:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Click to expand...

Don't mix apples and oranges. The federal income tax has NOTHING to do with regulation of interstate commerce.
 
Does the US Government therefore have the authority to lay and collect taxes on a citizen of China living in China?

That delegation of power to lay and collect taxes is not all-encompassing, it is bounded by the scope within which the constitutional federal government operates.
 
Uhh... mvpel... I've missed something, here. Is there some Chineese citizen who is being charged federal income tax on Chineese income? What are you saying? What does the scope of the federal income tax have to do with this thread? Come to think of it, what does the scope of the federal income tax have to do with ANYTHING?

In any case, I don't think that this is a tax forum. I'm quite certain this is a gun forum. And, I'm also certain that this is a pretty blatant hijacking of badbob's thread.

If you can explain your last post, please do so quickly. Otherwise, let's get back on topic, yeah?
 
badbob -

To answer your question...

§ 5845. Definitions How Current is This?
Click to expand...

Its part of the National Firearms Act of 1934, but still current, valid, and enforceable law. If you buy an NFA weapon, you'll have to do a form 1 or form 4 which is the application to make and transfer an NFA weapon. It applies to both interstate transfers as well as intrastate transfers.

The reason its part of the tax code is that when the NFA was enacted, it was not thought the commerce clause would have the extreme reach the Supreme Court has given it in the years since. At the time Congress thought the only way to bring all possession and transfers of NFA weapons under their legislative authority was to use the taxing power, not the commerce power. As its turned out, however, the commerce clause has been given enough power to grant Congress legislative authority over purely intrastate activities such as transfers of firearms.
 
for overseas taxes, yes you have to pay taxes here, but if you pay taxes to a forign gov't as well, that gets deducted form what you owe- so if you owe $1,000 to the IRS but have proof of paying $800 to, for example, Madrid, then you only pay $200 to the IRS.
 
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