Bill O’Reilly and Rep. Jason Chaffetz (R-UT) battled tonight over gun control legislation. Rep. Chaffetz was invited on to discuss gun rights following the theater massacre in Colorado. Bill wants more rules and legislation passed to “prevent” another mass shooting like the slaughter last week. Chaffetz told Bill he was misinformed. O’Reilly also said he was a big Second Amendment person.
Andrea Ryan added this on firearms registration:
Bill O’Reilly was wrong and Senator Chaffetz was completely correct.
A simple reading of the ATF’s own website is irrefutable support that Bill O’Reilly was ranting on a topic he knows nothing about. And it’s a dangerous rant, because it incites people based on misinformation. For someone to call an AK-47 (a gun that could be, and is, used for hunting) “heavy armor” and “heavy armament” and then lump it in with mortars and heavy artillery is astoundingly uninformed. And then shame on Bill O’Reilly to tell Senator Chaffetz, who does know and understand the Federal laws, that he was wrong.
The Federal government requires a $200 SOT Tax Stamp for certain firearms listed below, along with an NFA application, a background check, and approval by the ATF, as well as, the local Chief Law Enforcement Officer. It’s an extremely rigorous and expensive process. The government makes it very difficult to own one of these and they make the burden on the individual to get it right quite brutal. Note: the machine guns that Bill O’Reilly said you can “just grab one at a gun show” are on the ATF’s list. You can’t just grab one at a gun show. This even applies to any piece of metal, i.e. a sear, that allows a rifle to become fully automatic.
The process takes many, many months. And if an owner wants to give or sell any of these firearms to another individual they must repeat the process, along with another $200 payment to the ATF.
From the ATF‘s website,
Q: The types of firearms that must be registered in the National Firearm Registration and Transfer Record are defined in the NFA and 27 CFR, Part 479. What are some examples?
Some examples of the types of firearms that must be registered are:
- Machine guns;
- The frames or receivers of machine guns;
- Any combination of parts designed and intended for use in converting weapons into machine guns;
- Any part designed and intended solely and exclusively for converting a weapon into a machine gun;
- Any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person;
- Silencers and any part designed and intended for fabricating a silencer;
- Short-barreled rifles;
- Short-barreled shotguns;
- Destructive devices; and,
- “Any other weapon.”
A few examples of destructive devices are:
- Molotov cocktails;
- Anti-tank guns (over caliber .50);
- Bazookas; and,
A few examples of “any other weapon” are:
- H&R Handyguns;
- Ithaca Auto-Burglar guns;
- Cane guns; and,
- Gadget-type firearms and “pen” guns which fire a projectile by the action of an explosive.
[26 U.S.C. 5845]
Basically, there are 2 ways that an individual (who is not prohibited by Federal, State, or local law from receiving or possessing firearms) may legally acquire NFA firearms:
- By transfer after approval by ATF of a registered weapon from its lawful owner residing in the same State as the transferee.
- By obtaining prior approval from ATF to make NFA firearms.
[27 CFR 479.62-66 and 479.84-86]
The tax is $200 for making any NFA firearm, including “any other weapon.”
A money order or check made payable to the Bureau of ATF together with the application forms are to be mailed to the Bureau of ATF, NFA Branch.