The National Firearms Act ( NFA ), 73rd Congress , Sess. 2, ch. 757, 48 Stat. 1236 was enacted on June 26, 1934, and currently codified and amended as I.R.C. ch. 53 . The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The NFA is also referred to as Title II of the federal firearms laws, with the Gun Control Act of 1968 ("GCA") as Title I.
187-625: All transfers of ownership of registered NFA firearms must be done through the National Firearms Registration and Transfer Record (the "NFA registry"). The NFA also requires that the permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Temporary transports of some items, most notably suppressors (also referred to as silencers ), do not need to be reported. The ostensible impetus for
374-561: A gun trust , or as a Limited Liability Company (LLC) . Legal possession of an NFA firearm by an individual requires transfer of registration within the NFA registry. An individual owner does not need to be an NFA dealer to buy Title II weapons . The sale and purchase of an NFA weapon is, however, taxed and regulated, as follows: All NFA items must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Private owners wishing to purchase an NFA item must obtain approval from
561-404: A "sporting clause exception". If granted, ATF acknowledges that the firearm has a legitimate sporting use and is therefore not a destructive device. Certain large safari rifle calibers, such as .585 Nyati and .577 Tyrannosaur , have such exceptions. The phrase "all NFA rules apply" is commonplace. This disclaimer is usually posted in bold print from firearm dealers holding an FFL license. It
748-636: A 59-month audit period between 2002 and 2007. In May 2008, William Newell, Special Agent in charge of the Phoenix ATF Office, said: "When 90 percent-plus of the firearms recovered from these violent drug cartels are from a U.S. source, we have a responsibility to do everything we can to stem the illegal flow of these firearms to these thugs." According to the Justice Department's Office of the Inspector General, "ATF told
935-536: A Congressional hearing raised several questions about the actions of ATF, USMS, USAO, and FBI HRT and the mishandling of intelligence at the USMS and FBI headquarters. The Ruby Ridge incident has become a lightning rod for legal activists within the gun rights community. On May 1, 1992, 50 ATF agents were summoned upon to provide extra support for local police departments in Los Angeles County in response to
1122-496: A Special Occupational Tax Stamp or SOT) could manufacture machine guns after that date, and they can only be sold to government, law-enforcement, and military entities. Transfer can only be done to other SOT FFL-holders, and such FFL-holders must have a "demonstration letter" from a respective government agency to receive such machine guns. Falsification and/or misuse of the "demo-letter" process can and has resulted in long jail sentences and felony convictions for violators. Owning both
1309-399: A USMS surveillance team encountered Weaver, a friend and family members on a trail near the cabin, resulting in a shootout that killed US Marshal Bill Degan, Weaver's son Samuel, and Weaver's pet dog. FBI Hostage Rescue Team (HRT) members surrounded the cabin. The next day, HRT sniper Lon Horiuchi fired at Weaver, missing and killing Weaver's wife. A subsequent Department of Justice review and
1496-488: A bank robber. At his later trial, the gun charges were determined to be entrapment and Weaver was acquitted. However, Weaver missed a February 20, 1991, court date because U.S. Probation Officer Richins mistakenly told Weaver that the trial date was March 20, and the US Marshals Service (USMS) was charged with bringing Weaver in. Weaver remained with his family in their mountain top cabin. On August 21, 1992,
1683-486: A bureau, consists of several different groups that each have their own respective role, commanded by a director. Special Agents are empowered to conduct criminal investigations, defend the United States against international and domestic terrorism, and work with state and local police officers to reduce violent crime on a national level. ATF Special Agents may carry firearms, serve warrants and subpoenas issued under
1870-440: A cadre of approximately 150 highly trained explosive experts known as Certified Explosives Specialists (CES). ATF/CES Agents are trained as experts regarding Improvised Explosive Devices (IED's), as well as commercial explosives. ATF Agents work closely with state and local Bomb Disposal Units (bomb squads) within the United States. A list of ATF directors since becoming a Bureau on July 1, 1972: Some media outlets have criticized
2057-461: A class of 24 student trainees. Industry Operations Investigator Basic Training (IOIBT) is a comprehensive 10-week program designed to train newly hired industry operations investigators (IOI) in the basic knowledge, skills, and abilities they need to effectively conduct inspections of firearms and explosives licensees and permittees, as well as provide assistance to other Federal, State, and local law enforcement agencies. Successful completion of IOIBT
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#17327726103762244-529: A close-range defensive weapon. The M1 carbine has a maximum effective range of 300 yards (270 m). However, bullet drop is significant past 200 yards (180 m). Therefore, the M1 has a practical effective range of about 200 yd (180 m). The M1 carbine entered service with a standard straight 15-round box magazine. The introduction of the select-fire M2 carbine in October 1944 also brought into service
2431-551: A compact, lightweight defensive weapon with greater range, accuracy and firepower than a handgun, while weighing half as much as the Thompson submachine gun or the M1 rifle . The U.S. Army decided that a carbine-type weapon would adequately fulfill all of these requirements, and specified that the new arm should weigh no more than 5 pounds (2.3 kg) and have an effective range of 300 yards (270 m). Paratroopers were also added to
2618-467: A detailed series of Single Scope Background Investigations (SSBI). ATF Special Agents consistently rank at the top or near the top of all federal agencies in cases referred for prosecution, arrests made, and average time per defendant on an annual basis. Special Agents currently comprise around 2,400 of the Agency's approximately 5,000 personnel. Industry Operations Investigators (IOIs) are the backbone of
2805-482: A few exceptions, the tax amount is unchanged. Originally, pistols and revolvers were to be regulated as strictly as machine guns; towards that end, cutting down a rifle or shotgun to circumvent the handgun restrictions by making a concealable weapon was taxed as strictly as a machine gun. Conventional pistols and revolvers were ultimately excluded from the Act before passage, but other concealable weapons were not. Regarding
2992-526: A few hundred dollars more than their semi-automatic counterparts, whereas a pre-Hughes Amendment registered machine gun that can be legally transferred commands a huge premium. The Hughes Amendment affected only machine guns. All other NFA firearms are still legal for manufacture and registration by civilians under Form 1, and transfer of registration to civilians via Form 4 (though some states have their own laws governing which NFA firearms are legal to own there). Silencers and Short-Barreled Rifles are generally
3179-430: A fifth of the cost of a Thompson submachine gun at approximately $ 225. The .30 caliber Carbine ammunition was also far cheaper to produce than the standard .30-06 ammunition; used fewer resources, was smaller, lighter and easier to make. These were major factors in the United States military decision to adopt the M1 carbine, especially when considering the vast numbers of weapons and ammunition manufactured and transported by
3366-423: A firearm not registered to oneself in the National Firearms Registration and Transfer Record; transferring or making a firearm in violation of the NFA; or obliterating, removing, changing, or altering the serial number of the firearm. Violations of the Act are punishable by up to 10 years in federal prison and forfeiture of all devices or firearms in violation, and the individual's right to own or possess firearms in
3553-400: A firearm or explosive, as well as investigative authority over regulatory referrals and cigarette smuggling . All ATF Special Agents require a Top Secret (TS) security clearance, and in many instances, need a higher level, TS/SCI/SAP (Top Secret/Sensitive Compartmented Information/Special Access Programs) clearance. In order to get a security clearance, all potential ATF Special Agents must pass
3740-466: A fraction of said activity had occurred at a gun store instead, the store would have promptly and swiftly been shut down by the ATF, but that the ATF is not held to the same standards that they hold FFL's, "You have to wonder what the ATF would say about a private facility that was ripped off for years on end by its own staffers and still failed to implement serious security measures after the fact. I expect that
3927-435: A larger annual tax which ranges from $ 500 to $ 1000 to cover manufacturing. A Destructive Device manufacturing license (Type-10 FFL) holder can manufacture destructive devices tax-free. However, a type-07 license costs $ 150 for three years –– whereas a Type-10 destructive manufacturing license costs $ 3000 for three years. Both licenses still require the payment of the $ 500 (reduced-rate) Special Occupational Tax Stamp or SOT, (or
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#17327726103764114-417: A leg on the left side to correspond with the additional nub on the 30-round magazines. Initial combat reports noted that the M1 carbine's magazine release button was often mistaken for the safety button while under fire. When this occurred, pressing the magazine release caused the loaded magazine to drop, while the safety remained in the off position. As a result, the push-button safety was redesigned using
4301-461: A little more. But they are so few in number that no general conclusion can be drawn from them. Where carbine fire had proved killing effect, approximately 95 percent of the time the target was dropped at less than 50 yd (46 m)." The evaluation also reported that ..."Commanders noted that it took two to three engagements at least to settle their men to the automatic feature of the carbine so that they would not greatly waste ammunition under
4488-538: A new silencer. "Suppressor" is the term used within the trade/industry literature while the term "silencer" is the commonly used term that appears in the actual wording of the NFA. The terms are often used interchangeably depending on the source quoted. Suppressors and machine guns are the most heavily regulated. For example, in Ruling 81-4, ATF declared that any AR-15 Drop-in Auto-Sear (DIAS) made after November 1, 1981
4675-482: A new transfer and would be subject to a new transfer tax. The tax for privately manufacturing any NFA firearm (other than machine guns, which are illegal for individuals to manufacture) is $ 200. Transferring requires a $ 200 tax for all NFA weapons except AOWs, for which the transfer tax is $ 5 (although the manufacturing tax remains $ 200). All NFA weapons made by individuals must be legal in the State or municipality where
4862-466: A pilot program that ATF was planning to apply throughout the country. In Pittsburgh, Pennsylvania, ATF agents visited a gun show's customers' homes a week after the show, demanding to see the buyers' guns or sale paperwork and arresting those who could not—or would not—comply. A September 2008 report by the Justice Department's Office of the Inspector General determined that 76 firearms and 418 laptop computers were lost, stolen, or missing from ATF, after
5049-543: A pistol (such as an AR-type pistol ) under 26" in overall length is fitted with a vertical fore-grip, it is no longer "designed, made and intended to fire ... when held in one hand," and therefore no longer meets the definition of a pistol. Such a firearm then falls only within the definition of "any other weapon" under the NFA. In 1938, Congress recognized that the Marble Game Getter , a short .22 / .410 sporting firearm, had "legitimate use" and did not deserve
5236-444: A provision (42 U.S.C. § 2201a) to allow Nuclear Regulatory Commission (NRC) licensees and authorized contractors to possess machine guns for the purpose of providing security. Importation of NFA firearms was banned by the 1968 Gun Control Act which implemented a "sporting" clause. Only firearms judged by ATF to have feasible sporting applications can be imported for civilian use. Licensed manufacturers of NFA firearms may still, with
5423-401: A registered machine gun. The M2 carbine trigger pack is such an example of a "combination of parts" that is a machine gun in and of itself. Most of these have been registered as they were pulled from stores of surplus rifles in the early 1960s. In some special cases, exceptions have been determined to these rules by ATF. A semiautomatic firearm which could have a string or shoelace looped around
5610-573: A result, Williams redesigned the G30M to incorporate a Garand-style rotating bolt and operating slide, retaining the short-stroke piston as the .30 M2 Winchester Military Rifle. By May 1941, Williams had shaved the M2 rifle prototype from about 9.5 lb (4.3 kg) to a 7.5 lb (3.4 kg). Ordnance found unsatisfactory the first series of prototype carbines submitted by several firearms companies and some independent designers. Winchester had contacted
5797-472: A result, the carbine was soon widely issued to infantry officers, American paratroopers , non-commissioned officers , ammunition bearers, forward artillery observers, and other frontline troops. The first M1 carbines were delivered in mid-1942, with initial priority given to troops in the European Theater of Operations (ETO). During World War II a standard U.S. Army infantry company was issued
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5984-402: A rotating lever. Originally the M1 carbine did not have a bayonet lug, but personnel equipped with it were often issued with an M3 fighting knife . Due to requests from the field, the carbine was modified to incorporate a bayonet lug attached to the barrel band starting in 1945. However, very few carbines with bayonet lugs reached the front lines before the end of World War II. After the war,
6171-426: A short barrel and a legal-length rifle could be construed as intent to build an illegal, unregistered SBR. This possibility was contested and won in the U.S. Supreme Court case of United States v. Thompson-Center Arms Company . ATF lost the case, and was unable to prove that possession of a short barrel for the specific pistol configuration of a Thompson Contender is illegal. ATF later released ruling 2011-4 to clarify
6358-701: A total of 1.5 million M1 and M2 carbines were left in Vietnam. At least 793,994 M1 and M2 carbines were given to the South Vietnamese and were widely used throughout the Vietnam War . A number were captured during the war by Viet Cong , with some made compact by shortening the barrel and/or stock. "While the carbine's lighter weight and high rate of fire made it an excellent weapon for small-statured Asians, these guns lacked sufficient hitting power and penetration, and they were eventually outclassed by
6545-436: A total of 28 M1 carbines. The company headquarters was issued nine carbines (for the company commander, executive officer, first sergeant, mess sergeant, supply sergeant, bugler, and three messengers), the weapons platoon was issued sixteen carbines (for the platoon leader, platoon sergeant, two platoon messengers in the platoon headquarters, one messenger in each of the two mortar and machine gun section headquarters, and ten for
6732-423: A trust allows prospective purchasers of NFA items to avoid some of the federal transfer requirements that would otherwise be imposed on an individual. Like other trusts, it allows for estate planning in inheriting firearms. In 2013, ATF proposed new rules, often referred to as ATF Proposed Rule 41p, which, if adopted, would require all "responsible persons" of an entity being used to purchase NFA items to comply with
6919-423: A trust). When the paperwork to request transfer of an NFA item is initiated by an officer of a corporation, fingerprint cards and photographs of the official need to be submitted with the transfer request. This method has downsides, since it is the corporation (and not the principal) that owns the firearm. Thus, if the corporation dissolves, it must transfer its NFA weapon to the owners. This event would be considered
7106-804: A unit of the Bureau of Internal Revenue in 1920. It was made an independent agency within the Treasury Department in 1927, was transferred to the Justice Department in 1930, and became, briefly, a division of the FBI in 1933. When the Volstead Act , which established Prohibition in the United States , was repealed in December 1933, the Unit was transferred from the Department of Justice back to
7293-528: A weapon into a machine gun and are a machine gun as defined in the NFA. ATF machine gun technology letters written between 1980 and 1996 by Edward M. Owen—the then-chief of the ATF technology division defined "solely and exclusively" in all of his published and unpublished machine gun rulings with specific non-ambiguous language. Owning for the parts needed to assemble other NFA firearms is generally restricted. One individual cannot own or manufacture certain machine gun sear (fire-control) components, unless, he owns
7480-469: Is a common misconception that an individual must have a "Class 3" license in order to own an NFA weapon. A federal firearms license (FFL) is not required to be an individual owner, although it is required as a prerequisite to become a Special Occupation Taxpayer (SOT, see Special Occupational Taxpayers ): Class 1 importer, Class 2 manufacturer-dealer or Class 3 dealer in NFA weapons. There are generally three ways to own an NFA weapon: as an individual, through
7667-489: Is also half the weight of the Thompson and fires a lighter cartridge. Therefore, soldiers armed with the carbine can carry much more ammunition than those armed with a Thompson. Categorizing the M1 carbine series has been the subject of much debate. Although commonly compared to the later German StG 44 and Russian AK-47 , the M1 and M2 carbines are under-powered and outclassed. Instead, the carbine falls somewhere between
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7854-516: Is artificially inflating ATF's eTrace statistics of U.S. origin guns seized in Mexico. One gun is alleged to be the weapon used by a Mexican national to murder Customs and Border Protection Agent Brian Terry on December 14, 2010. ATF and DOJ denied all allegations. After appearing at a Congressional Hearing, three supervisors of Fast and Furious (William G. McMahon, Newell, and David Voth) were reported as being transferred and promoted by ATF. ATF denied
8041-570: Is itself a machine gun, and is therefore subject to regulation. While this might seem to mean that pre-1981 sears are legal to possess without registration, ATF closes this loophole in other publications, stating, Regardless of the date of manufacture of a drop in auto sear, possession of such a sear and certain M-16 fire control parts is possession of a machine gun as defined by the NFA. Specifically, these parts are listed as "(a) combination(s) of parts" designed "Solely and exclusively" for use in converting
8228-760: Is mandatory in order for the newly hired IOI to maintain their employment. ATF's Special Response Teams (SRTs) are elite tactical groups that rapidly respond to high-risk law enforcement operations and conduct criminal investigations that lead to the arrests of the most violent criminals in the United States. Their work includes search and arrest warrants, high-risk criminal investigations, undercover operations, surveillance operations, and protective service operations. Team members are specially trained ATF special agents who may serve full or part time. They often serve in various roles such as crisis negotiators, team leaders, tactical operators, snipers, operator medics and canine handlers. Members of ATF special agent ranks are issued
8415-422: Is not considered a 'firearm' under the NFA, some states (such as Oregon) have laws that specifically prohibit anyone that could not otherwise own/obtain an GCA or NFA defined 'firearm' (i.e., felons, recipients of dishonorable discharge from military service, the mentally adjudicated, etc.) from owning/obtaining an 'antique firearm'. Individuals or companies seeking to market large-bore firearms may apply to ATF for
8602-534: Is not explosive and that the ATF's regulations were unreasonable. The NAR and TRA won their lawsuit against the ATF in 2009, lifting the government restrictions. The associations maintain their own restrictions, and rocketry is also regulated by the Federal Aviation Administration (FAA). Between May 2004 and August 2005, ATF agents, in conjunction with Virginia state, county, and city police, conducted an operation at eight gun shows in
8789-475: Is required by ATF to prevent easy conversion of Title I firearms into machine guns. For the civilian possession, all machine guns must have been manufactured and registered with ATF prior to May 19, 1986, to be transferable between citizens. These machine gun prices have drastically escalated in value, especially items like registered sears and conversion-kits. Only a Class-II manufacturer (a FFL holder licensed to manufacture firearms or Type-07 license that has paid
8976-582: Is the Special Agent Basic Training (SABT), which is conducted at FLETC and covers a wide range of disciplines including firearms and ammunition identification; firearms trafficking; report writing, interviewing techniques; alcohol/tobacco diversion investigations; explosives and fire/arson investigations; firearms and tactical training, close quarter countermeasures; field operations, undercover techniques; and physical conditioning. The SABT consists of approximately 15 weeks of training with
9163-705: Is the branch of the ATF uses to dispose of firearms forfeited to the ATF. The report also stated that the ATF has improved its process to reduce thefts but that it still has not implemented all of the recommendations made by the DOJ. In 2023, federal Judge Reed O'Connor of the Northern District of Texas vacated the Bureau's attempt to expand the definition of a firearm frame or receiver. Judge O'Connor ruled ATF exceeded its statutory authority in attempting to redefine these terms and implement regulations of so-called "readily convertible" or "80% receiver" kits. In 2006,
9350-541: The ATF , is a domestic law enforcement agency within the United States Department of Justice . Its responsibilities include the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives ; acts of arson and bombings ; and illegal trafficking and tax evasion of alcohol and tobacco products. The ATF also regulates via licensing
9537-573: The Department of the Treasury , and regulations promulgated by the enforcement agency assigned, known as the Bureau of Alcohol, Tobacco, Firearms and Explosives or ATF. The current National Firearms Act (NFA) defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following: Firearms meeting the definition of "any other weapon", or AOW, are weapons or devices that can be concealed on
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#17327726103769724-635: The Fifth Amendment to the United States Constitution exempts felons—and, by extrapolation, all other prohibited possessors—from the registration requirements of the Act. The prohibited person who violates the possession prohibition can, however, be convicted under the Gun Control Act of 1968 for being a prohibited person in possession of a (any) firearm. The Atomic Energy Act of 1954 was amended in 2005 and includes
9911-784: The Glock 19M as their primary duty weapon and are trained in the use of, and issued, certain rifles and shotguns. The ATF Special Response Team (SRT) is armed with Colt M4 carbines and other firearms. The ATF is organized as follows: The ATF has 26 field divisions across the nation in major cities. Those cities are: Atlanta, Baltimore, Boston, Charlotte, Chicago, Columbus (OH), Dallas, Denver, Detroit, Houston, Kansas City (MO), Los Angeles, Louisville, Miami, Nashville, New Orleans, New York City, Newark, Philadelphia, Phoenix, San Francisco, Seattle, St. Paul, Tampa, and Washington, D.C. Also, there are field offices in different countries such as Canada, Mexico, El Salvador, Colombia, Iraq, Lithuania, and in
10098-500: The Homeland Security Act of 2002 . In addition to the creation of the Department of Homeland Security , the law shifted ATF from the Department of the Treasury to the Department of Justice . The agency's name was changed to Bureau of Alcohol, Tobacco, Firearms, and Explosives. However, the agency still was referred to as "the ATF" for all purposes. Additionally, the task of collection of federal tax revenue derived from
10285-481: The National Rifle Association (NRA) contracted her to go to Richmond to investigate dozens of complaints by NRA members of "massive law enforcement presence, residence checks, and minority buyers being followed, pulled over and their legally purchased guns seized." The purchasers were compelled by an ATF letter to appear at ATF offices to explain and justify their purchases. ATF stated this was
10472-572: The National Rifle Association (NRA) lobbied U.S. Representative F. James Sensenbrenner to add a provision to the Patriot Act reauthorization that requires Senate confirmation of ATF director nominees. (Prior to that, ATF directors were simply appointed by the administration. ) After that, the NRA lobbied against and effectively blocked all but one presidential nominee until 2022. In 2007, President George W. Bush nominated Mike Sullivan for
10659-516: The Ruby Ridge siege, the Waco siege and other incidents. The ATF was formerly part of the United States Department of the Treasury , having been formed in 1886 as the "Revenue Laboratory" within the Treasury Department's Bureau of Internal Revenue . The history of the ATF can be subsequently traced to the time of the revenuers or "revenoors" and the Bureau of Prohibition , which was formed as
10846-551: The Vietnam War era, and they continue to be used by military, police, and security forces around the world to this day. During World War II , the British SAS used the M1 and M1A1 carbines after 1943. The weapon was taken into use simply because a decision had been taken by Allied authorities to supply .30 caliber weapons from U.S. stocks in the weapons containers dropped to Resistance groups sponsored by an SOE , or later also Office of Strategic Services (OSS), organizer, on
11033-532: The Winchester Model 1905 rifle . The propellant was much newer, though, taking advantage of chemistry advances. As a result, the .30 Carbine cartridge is approximately 27% more powerful than its parent cartridge. A standard .30 Carbine ball bullet weighs 110 grains (7.1 g), a complete loaded round weighs 195 grains (12.6 g) and has a muzzle velocity of 1,990 ft/s (610 m/s) giving it 967 ft·lbf (1,311 joules) of energy, when fired from
11220-658: The Youth Crime Gun Interdiction Initiative , which expanded tracing of firearms recovered by law enforcement and the ongoing Comprehensive Crime Gun Tracing Initiative. ATF also provides support to state and local investigators through the National Integrated Ballistic Information Network (NIBIN) program. In 2006, Congress made the ATF head subject to Senate confirmation and, until recently, only one nominee had not been blocked from heading
11407-489: The $ 1000 full tax) per year to conduct manufacturing of NFA weapons that they are respectively qualified to manufacturer. The SOT "reduced rate" applies to a business whose sales are less than $ 500,000 per year. Transferable machine guns made or registered before May 19, 1986, are worth far more than their original, pre-1986 value and items like registered "auto-sears", "lightning-links", trigger-packs, trunnions , and other "combination of parts" registered as machine guns before
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#173277261037611594-472: The AK-47 assault rifle." The M1/M2/M3 carbines were the most heavily produced family of U.S. military weapons for several decades. They were used by every branch of the U.S. Armed Forces. After World War II , the M1 and M2 carbines were widely exported to U.S. allies and client states (1,015,568 to South Korea, 793,994 to South Vietnam , 269,644 to France, etc.), they were used as a frontline weapon well into
11781-561: The ATF in the Senate. Steven Dettelbach became the second in July 2022 after being nominated by President Joe Biden. ATF's Comprehensive Crime Gun Tracing Initiative is the largest operation of its kind in the world. In FY07, ATF's National Tracing Center processed over 285,000 trace requests on guns for over 6,000 law enforcement agencies in 50 countries. ATF uses a Web-based system, known as eTrace , that provides law enforcement agencies with
11968-403: The ATF regulatory mission. Their work is primarily investigative and routinely involves contact with, and interviews of, individuals from all walks of life and all levels of industry and government. Investigations and inspections pertain to the industries and persons regulated by ATF (e.g., firearms and explosives users, dealers, importers, exporters, manufacturers, wholesalers, etc.); and are under
12155-555: The ATF, even going so far as to call for the abolition of the agency. One such criticism leveled by Reason magazine's J.D. Tuccille stated, "The nicest thing you can say about the ATF is that it's an unserious and unaccountable bureaucracy. Often it's explicitly contemptible, such as during the Fast-and-Furious gun-walking scandal , and its setting up mentally disabled youths to take the fall during gun-and-drug stings. After those abuses of individual rights and public trust,
12342-588: The ATF, pass an extensive background check to include submitting a photograph and fingerprints, fully register the firearm, receive ATF written permission before moving the firearm across state lines, and pay a tax. The request to transfer ownership of an NFA item is made on an ATF Form 4. There have been several unfavorable lawsuits where plaintiffs have been denied NFA approval for a transfer. These lawsuits include: Lomont v. O'Neill , Westfall v. Miller , and Steele v. National Branch . NFA items may also be transferred to corporations (or other legal entities such as
12529-737: The Act (as they are defined as "antique firearms" and are not considered "firearms" under either the GCA or the NFA). Thus, though common muzzle-loading hunting rifles are available in calibers over 0.50 inch, they are not regulated as destructive devices. Muzzle-loading cannon are similarly exempt since the law makes no distinction about the size of muzzle-loading weapons. Thus it is legal for a civilian to build muzzle-loading rifles, pistols, cannon, and mortars with no paperwork. However, ammunition for these weapons can still be classified as destructive devices themselves, such as explosive shells. While an 'antique firearm'
12716-546: The Attorney General, the registered owner must provide proof of registration of the firearm. In a number of situations, an NFA item may be transferred without a transfer tax. These include sales to government agencies, temporary transfers of an NFA firearm to a gunsmith for repairs, and transfer of an NFA firearm to a lawful heir after the death of its owner. A permanent transfer, even if tax-free, must be approved by ATF. The proper form should be submitted to ATF before
12903-581: The Bureau of Internal Revenue was renamed " Internal Revenue Service " (IRS), and the ATU was given the additional responsibility of enforcing federal tobacco tax laws. At this time, the name of the ATU was changed to the Alcohol and Tobacco Tax Division (ATTD). In 1968, with the passage of the Gun Control Act , the agency changed its name again, this time to the Alcohol, Tobacco, and Firearms Division of
13090-456: The Caribbean. ATF is responsible for regulating firearm commerce in the United States. The bureau issues Federal Firearms Licenses (FFL) to sellers and conducts firearms licensee inspections. The bureau is also involved in programs aimed at reducing gun violence in the United States , by targeting and arresting violent offenders who unlawfully possess firearms. ATF was also involved with
13277-668: The Democrats to confirm. Since 2001, ATF agents have recommended over 10,000 felons every year for federal prosecution for firearms possession through the Project Safe Neighborhoods framework. In PSN's first year, 2001–2002, over 7,700 of these cases resulted in convictions with an average sentence of over five years per defendant. This number had risen to over 12,000 prosecutions in FY 2007. The annual FBI Uniform Crime Report (UCR) demonstrated that from 2001 to 2010,
13464-535: The Department of the Treasury, where it became the Alcohol Tax Unit (ATU) of the Bureau of Internal Revenue. Special Agent Eliot Ness and several members of The Untouchables , who had worked for the Prohibition Bureau while the Volstead Act was still in force, were transferred to the ATU. In 1942, responsibility for enforcing federal firearms laws was given to the ATU. In the early 1950s,
13651-614: The IRS and first began to be referred to by the initials "ATF". In Title XI of the Organized Crime Control Act of 1970, Congress enacted the Explosives Control Act, 18 U.S.C.A. Chapter 40, which provided for close regulation of the explosives industry and designated certain arsons and bombings as federal crimes. The Secretary of the Treasury was made responsible for administering the regulatory aspects of
13838-670: The M1 carbine as a standard long gun for non-combat elements and Mash'az volunteers. The U.S. provided France with 269,644 M1 and M2 carbines from World War II to 1963. The carbines were used by the French Paratroopers and Legionnaires , as well as specialists (e.g., drivers, radio operators, engineers), during the First Indochina War , the Algerian War and the Suez Crisis . The U.S. provided
14025-455: The M1 carbine is not a carbine version of the M1 Garand rifle . On 1 July 1925, the U.S. Army began using the current naming convention where the "M" is the designation for "Model" and the number represents the sequential development of equipment and weapons. Therefore, the "M1 carbine" was the first carbine developed under this system. The "M2 carbine" was the second carbine developed under
14212-536: The M1 carbine with M8 grenade launcher a type of emergency-use weapon. A total of over 6.1 million M1 carbines of various models were manufactured, making it the most produced small arm for the American military during World War II (compared with about 5.4 million M1 rifles and about 1.3 million Thompson submachine guns). Despite being designed by Winchester, the great majority of these were made by other companies (see § Military contractors below). The largest producer
14399-472: The M1 carbine's 17.75 in (451 mm) barrel. In comparison, the .30-06 Springfield ball round used by the M1 Garand is almost three times as powerful as the .30 Carbine, while the carbine round is twice as powerful as the .45 ACP -caliber Thompson submachine gun in common use at the time. As a result, the carbine offers much better range, accuracy and penetration than those submachine guns. The M1
14586-592: The M1 carbine. Small numbers of captured M1 carbines were used by German forces in World War II, particularly after D-Day . The German designation for captured carbines was Selbstladekarabiner 455(a) . The " a " came from the country name in German; in this case, Amerika . It was also used by German police and border guards in Bavaria after World War II and into the 1950s. The carbines were stamped according to
14773-878: The M3 carbine. The system was refined over time, and by the Korean War the improved M3 infrared night sight was in service. The M3 sight has a longer effective range than its predecessor, about 125 yards (114 meters). However, it still required the user to carry a heavy backpack-mounted battery pack to power the scope and infrared light. They were used primarily in static defensive positions in Korea to locate troops attempting to infiltrate in darkness. M3 operators would not only use their carbines to dispatch individual targets, but also used tracer ammo to identify troop concentrations for machine gunners to decimate. In total, about 20,000 sets were made before they became obsolete, and were given to
14960-513: The M8 grenade launcher (see M7 grenade launcher ), which was developed in early 1944. It was fired with the .30 caliber Carbine M6 grenade blank cartridge to launch 22 mm rifle grenades . However, the stress from firing rifle grenades could eventually crack the carbine's stock, and it also could not use the launcher with the M7 auxiliary "booster" charge to extend its range without breaking the stock. This made
15147-598: The National Firearms Act of 1934 was the gangland crime of the Prohibition era , such as the St. Valentine's Day Massacre of 1929, and the attempted assassination of President-elect Franklin D. Roosevelt in 1933. Like the current National Firearms Act (NFA), the 1934 Act required NFA firearms to be registered and taxed. The $ 200 tax was quite prohibitive at the time (equivalent to $ 4,555 in 2023). With
15334-645: The National Integrated Ballistic Information Network (NIBIN), which allows federal, state, and local law enforcement agencies to image and compare crime gun evidence. NIBIN currently has 203 sites. In FY07, NIBIN's 174 partner agencies imaged more than 183,000 bullets and casings into the database, resulting in over 5,200 matches that provided investigative leads. With the passage of the Organized Crime Control Act (OCCA) in 1970, ATF took over
15521-864: The Naval Intelligence Division of the British Admiralty, which operated across the entire Allied area of operations, also made use of this weapon. . The carbine continued to be utilized as late as the Malayan Emergency , by the Police Field Force of the Royal Malaysian Police , along with other units of the British Army, were issued the M2 carbine for both jungle patrols and outpost defense. The Royal Ulster Constabulary also used
15708-734: The OIG that the 90-percent figure ... could be misleading because it applied only to the small portion of Mexican crime guns that are traced." Under operations "Fast and Furious" , "Too Hot to Handle", and "Wide Receiver", indictments show that the Phoenix ATF Office, over protests from the gun dealers and some ATF agents involved and without notifying Mexican authorities, facilitated the sale of over 2,500 firearms ( AK-47 rifles, FN 5.7mm pistols, and .50 caliber rifles) to traffickers destined for Mexico. Many of these same guns are being recovered from crime scenes in Arizona and throughout Mexico, which
15895-658: The Oklahoma City bombing was the deadliest terrorist attack in the history of the United States, and remains the deadliest incident of domestic terrorism in the country's history. McVeigh was executed for this mass murder by lethal injection on June 11, 2001, at the Federal Correctional Complex in Terre Haute, Indiana. The ATF was criticized for poor planning leading up to a shootout at Stevenson Ranch, California , in 2001, which resulted in
16082-517: The Pacific, where barrel corrosion was a significant issue with the corrosive primers used in .30-06 caliber weapons. However, in the European theatre , some soldiers reported misfires attributed to moisture ingress of the non-corrosive primer compound. Initially, the M1 carbine was intended to have a select-fire capability, but the requirement for rapid production of the new carbine resulted in
16269-484: The Richmond area to reduce straw purchases for criminals. In a February 2006 House subcommittee hearing, the show's owner said: "People were approached and discouraged from purchasing guns. Before attempting to purchase, they were interrogated and accused of being in the business without a license, detained in police vehicles, and gun buyer's homes were visited by police, and much more." A gun salesman testified that he
16456-696: The Special Agents and who are not officially part of the ATF roster. Basic special agent training for new hires consists of a two-part training program. The first part is the Criminal Investigator Training Program (CITP) provided by the U.S. Department of Homeland Security's Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia . The CITP provides fundamental training in the techniques, concepts, and methodologies of conducting criminal investigations. Some of
16643-509: The T17 and T18 conversion kits. The conversion included a modified sear, slide, and trigger housing, and added a disconnector, disconnector lever, and selector switch that could be set for semi-auto or full-automatic fire. During World War II, the T23 (M3) flash hider was designed to reduce the muzzle flash from the carbine, but was not introduced into service until the advent of the M3 carbine. With
16830-421: The Treasury Department on July 1, 1972, this transferred the responsibilities of the ATF division of the IRS to the new Bureau of Alcohol, Tobacco, and Firearms. Rex D. Davis oversaw the transition, becoming the bureau's first director, having headed the division since 1970. During his tenure, Davis shepherded the organization into a new era where federal firearms and explosives laws addressing violent crime became
17017-462: The United States during World War II. The M1 carbine with its reduced-power .30 cartridge was not originally intended to serve as a primary weapon for combat infantrymen, nor was it comparable to more powerful assault rifles developed late in the war. However, it was markedly superior to the .45 caliber submachine guns in use at the time in both accuracy and penetration, and its lighter .30 caliber cartridge allowed soldiers to carry more ammunition. As
17204-533: The Vietnam War. Howa also made replacement parts for US-made M1 carbines issued to Japanese police and military. The M1 carbine was also used by the Israeli Palmach -based special forces in the 1948 Arab–Israeli War . And, because of their compact size and semi-automatic capabilities, they continued to be used by Israeli Defence Forces after the creation of Israel. The Israeli police still use
17391-602: The Waco raid were reinstated, with full back pay and benefits (with a demotion) despite a Treasury Department report of gross negligence. The incident was removed from their personnel files. Timothy McVeigh cited Ruby Ridge and Waco Siege as his motivation for the Oklahoma City Bombing , which took place on April 19, 1995, exactly two years after the end of the Waco Siege. McVeigh's criterion for attack sites
17578-566: The Winchester M2 Browning rifle (Williams' gas system), the Winchester Model 1905 rifle (fire control group and magazine), M1 Garand (buttstock dimensions, and bolt and operating slide principles), and a percussion shotgun in Pugsley's collection (hook breech and barrel band assembly/disassembly). The .30 Carbine cartridge is essentially a rimless version of the obsolete .32 Winchester Self-Loading cartridge introduced for
17765-471: The abuses noted in the 1982 Senate Judiciary Subcommittee report. The Ruby Ridge Siege began in June 1990. Randy Weaver sold two unregistered short barrel shotguns to Kenneth Fadeley, an ATF informant. This transaction was recorded and presented to the court. Weaver refused to face his accusers and became a fugitive from justice. He maintained the barrels were a legal length, but after Fadeley took possession,
17952-473: The aforementioned date are often worth nearly as much as a full registered machine gun. For instance, as of September 2008, a transferable M16 rifle costs approximately $ 11,000 to $ 18,000, while a transferable "lightning-link" for the AR-15 can sell for $ 8,000 to $ 10,000. New manufacture M-16s sell to law enforcement and the military for around $ 600 to $ 1000. Upon the request of any ATF agent or investigator, or
18139-499: The apprehension, upon technical malum prohibitum charges, of individuals who lack all criminal intent and knowledge. Evidence received demonstrated that ATF agents tended to concentrate upon collector's items rather than "criminal street guns". In hearings before ATF's Appropriations Subcommittee, testimony was submitted estimating that 75 percent of ATF gun prosecutions were aimed at ordinary citizens with no criminal intent. The Firearm Owners Protection Act of 1986 addressed some of
18326-462: The assumption the groups so supplied would be operating in areas within the operational boundaries of U.S. forces committed to Operation Overlord . They were found to be suited to the kind of operation the two British, two French, and one Belgian Regiment carried out. It was handy enough to parachute with, and, in addition, could be easily stowed in an operational Jeep. Other specialist intelligence collection units, such as 30 Assault Unit sponsored by
18513-462: The authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony 18 U.S.C. § 3051 . Specifically, ATF Special Agents have lead investigative authority on any federal crime committed with
18700-535: The bayonet lug was added to many M1 carbines during the arsenal refurbishing process. By the start of the Korean War , the bayonet lug-equipped M1 was standard issue. It is now rare to find an original M1 carbine without the bayonet lug. The M1 carbine mounts the M4 bayonet , which was based on the earlier M3 fighting knife and formed the basis for the later M5 , M6 and M7 bayonet -knives. A folding-stock version of
18887-550: The branch they were in service with; for instance, those used by the border guard were stamped " Bundesgrenzschutz ". Some of these weapons were modified with different sights, finishes, and sometimes new barrels. A variant was produced shortly after World War II by Japanese manufacturer Howa Machinery, under U.S. supervision. These were issued to all branches of the Japan Self-Defense Forces , and large numbers of them found their way to Southeast Asia during
19074-547: The bureau is retaliating but declined to comment about Cefalu's case. In 2015, a proposal by the ATF to prohibit sales of certain 5.56 x 45mm ammunition was dropped following a negative response from the public and the legislature. In 2022, the DOJ Office of the Inspector General (OIG) conducted an audit which found that "thousands of firearms, firearm parts, and ammunition had been stolen from National Firearms and Ammunition Destruction (NFAD) from 2016 to 2019." The NFAD
19261-432: The capability to securely and electronically send trace requests, receive trace results, and conduct basic trace analysis in real time. Over 2,000 agencies and more than 17,000 individuals currently use eTrace, including over 33 foreign law enforcement agencies. Gun tracing provides information to federal, state, local, and foreign law enforcement agencies on the history of a firearm from the manufacturer (or importer), through
19448-523: The carbine's development, with the exception of his short-stroke gas piston design. Williams worked on his own design apart from the other Winchester staff, but it was not ready for testing until December 1941, two months after the Winchester M1 carbine had been adopted and type-classified. Winchester supervisor Edwin Pugsley conceded that Williams' final design was "an advance on the one that was accepted" but noted that Williams' decision to go it alone
19635-472: The carbine, the M1A1, was also developed after a request for a compact and light infantry arm for airborne troops. The Inland Division of General Motors manufactured 140,000 of them in two product runs in late 1942. They were originally issued to the 82nd and 101st airborne divisions but were later issued to all U.S. Army Airborne units and the U.S. Marine Corps. The folding-stock M1A1 is an unusual design in that
19822-524: The cases referred by ATF for prosecution each year are for firearms, violent crime, and narcotics offenses. Through the first half of 2011, ATF (with fewer than 2,000 active Special Agents) had recommended 5,203 cases for prosecution. This yields an average of 5.0 cases per agent per year. For comparison, the FBI (with slightly more than 13,000 active Special Agents) had recommended 8,819 cases for prosecution, for an average of 1.2 cases per agent per year. ATF, as
20009-476: The cocking handle of and then behind and in front of the trigger in such a way as to allow the firearm to be fired automatically is no longer considered a machine gun unless the string is attached in this manner. Most current fully automatic trigger groups will not fit their semi-automatic firearm look-alike counterparts—the semi-automatic version is specifically constructed to reject the fully automatic trigger group by adding metal in critical places. This addition
20196-478: The complex caught fire. The follow-up investigation revealed the bodies of seventy-six people including twenty children inside the compound. A grand jury found that the deaths were suicides or otherwise caused by people inside the building. Shortly after the raid, the bureau's director, Stephen E. Higgins, retired early from his position. In December 1994, two ATF supervisory agents, Phillip J. Chojnacki and Charles D. Sarabyn, who were suspended for their roles in leading
20383-512: The consequences would be a bit more serious than a single arrest and then business as usual despite a tut-tutting reprimand." The ATF has also received criticism involving financial corruption. In 2021, a whistleblower informed the public that the ATF was giving a 25% monetary bonus to at least 94 of its employees. The benefit is known as law enforcement availability pay, or LEAP, that was only reserved for "criminal investigators" who are on call and expected to work unscheduled, additional hours. It
20570-593: The crime. The government's argument was that the short barreled shotgun was not a military-type weapon and thus not a " militia " weapon protected by the Second Amendment, from federal infringement. The District Court agreed with Miller's argument that the shotgun was legal under the Second Amendment. The District Court ruling was overturned on a direct appeal to the United States Supreme Court (see United States v. Miller ). No brief
20757-429: The curved 30-round box magazine or " Banana Clip ". After WWII, the 30-round magazine quickly became the standard magazine for both the M1 and M2 carbines, although the 15-round magazine remained in service until the end of the Vietnam War . Perhaps the most common accessory used on the M1 carbine was a standard magazine belt pouch that was slid over the stock and held two extra 15-round magazines. This field adaptation
20944-726: The date of enactment (i.e. May 1986) are still legal for possession by and transfer among civilians where permitted by state law. The static and relatively small number of transferable machine guns has caused their price to rise, often over $ 10,000, although transferable MAC-10 and MAC-11 submachine guns can still be purchased for around $ 8,000. Machine guns manufactured after the FOPA's enactment can be sold only to law enforcement and government agencies, exported, or held as inventory or "dealer samples" by licensed manufacturers and dealers. Machine guns made after 1986 for law enforcement but not transferable to civilian registration are usually priced only
21131-577: The definition of "firearm", the language of the statute as originally enacted was as follows: Under the original Act, NFA weapons were machine guns, short-barreled rifles (SBR), short-barreled shotguns (SBS), any other weapons (AOW, i.e., concealable weapons other than pistols or revolvers), and silencers for any type of NFA or non-NFA weapon. Minimum barrel length was soon amended to 16 inches for rimfire rifles and by 1960 had been amended to 16 inches for centerfire rifles as well. NFA categories have been modified by laws passed by Congress, rulings by
21318-499: The described configuration rather than modified from existing shotguns. As a result, such weapons do not fit within the definition of shotgun or weapons made from a shotgun. The AOW definition includes specifically described weapons with combination shotgun and rifle barrels 12 inches or more but less than 18 inches in length from which only a single discharge can be made from either barrel without manual reloading. The ATF Firearms Technology Branch has issued opinions that when
21505-445: The distribution chain, to the first retail purchaser. This information is used to link suspects to firearms in criminal investigations, identify potential traffickers, and detect in-state, interstate, and international patterns in the sources and types of crime guns. These results are then used to help the courts prosecute the offenders and attempt to clamp down on firearm crime. ATF provides investigative support to its partners through
21692-452: The exception of T23 hiders mounted on M3 carbines, few if any T23 flash-hider attachments saw service during the war, though unit armorers occasionally hand-built improvised compensator-flash-hiders of their own design. Combat tests of the M2 carbine resulted in an Army Ground Forces request that led to development of the T13 recoil check adopted September 1945. The M1 carbine was used with
21879-591: The failings of the National Disposal Branch almost pale by comparison ... the Bureau of Alcohol, Tobacco, Firearms, and Explosives should be abolished, and its employees sent into the world to seek honest jobs in the private sector, if anybody will have them." Tuccille's primary reason for the complaint related to the mishandling of information and even security of firearms that led to the theft and sale of thousands of confiscated firearms by ATF personnel to private parties. Tuccille argued that if even
22066-593: The fall and winter of 1944. In the Asiatic-Pacific Theater , soldiers and guerrilla forces operating in heavy jungle with only occasional enemy contact praised the carbine for its small size, light weight, and firepower. However, soldiers and marines engaged in frequent daily firefights (particularly those serving in the Philippines) found the weapon to have insufficient penetration and stopping power. While carbine bullets would easily penetrate
22253-520: The field, corrosive primers would have led to a rapid deterioration of the function of the gas system. The use of non-corrosive primers was a novelty in service ammunition at this time. Some failures to fire were reported in early lots of .30 caliber Carbine ammunition, attributed to moisture ingress of the non-corrosive primer compound. The M1 carbine entered service with a simple flip sight, which had two settings: 150 and 300 yd (140 and 270 m). However, field reports indicated that this sight
22440-471: The finishing of this prototype. The second prototype competed successfully against all remaining carbine candidates in September 1941, and Winchester was notified of their success the next month. Standardization as the M1 carbine was approved on 22 October 1941. This story was the loose basis for the 1952 movie Carbine Williams starring James Stewart . Contrary to the movie, Williams had little to do with
22627-433: The first impulse of engagement. By experience, they would come to handle it semi-automatically, but it took prolonged battle hardening to bring about this adjustment in the human equation." Despite its mixed reputation, the M2 carbine's firepower often made it the weapon of choice, when it came to night patrols in Korea. The M3 carbine with its infrared sniper scope was also used against night infiltrators, especially during
22814-458: The front and back of steel helmets, as well as the body armor used by Japanese forces of the era, reports of the carbine's failure to stop enemy soldiers, sometimes after multiple hits, appeared in individual after-action reports, postwar evaluations, and service histories of both the U.S. Army and the U.S. Marine Corps. The carbine's exclusive use of non-corrosive-primer ammunition was found to be ideal by troops and ordnance personnel serving in
23001-527: The future. The Act provides for a penalty of $ 10,000 for certain violations. A willful attempt to evade or defeat a tax imposed by the Act is a felony punishable by up to five years in prison and a $ 100,000 fine ($ 500,000 in the case of a corporation or trust), under the general tax evasion statute. For an individual, the felony fine of $ 100,000 for tax evasion could be increased to $ 250,000. The United States Supreme Court has ruled in Haynes v. United States that
23188-408: The head. PVA infantry forces who had been issued captured U.S. small arms disliked the carbine for the same reason. A 1951 official U.S. Army evaluation reported that ..."There are practically no data bearing on the accuracy of the carbine at ranges in excess of 50 yd (46 m). The record contains a few examples of carbine-aimed fire felling an enemy soldier at this distance or perhaps
23375-443: The helmet and tilt it over the eyes. Many soldiers found the rifle slid off the shoulder unless slung diagonally across the back, where it prevented the wearing of standard field packs and haversacks. Additionally, Germany's use of glider-borne and paratrooper forces to launch surprise blitzkrieg attacks behind the front lines generated a request for a new compact infantry weapon to equip support troops. This request called for
23562-572: The immediate deaths of a deputy sheriff as well as the suspect, and the later suicide of ATF agent Jeff Ryan. Following the attacks on September 11, 2001, the ATF expanded regulations covering fuels used in amateur rocketry, including ammonium perchlorate composite propellant (APCP). Two rocketry clubs, the National Association of Rocketry (NAR) and the Tripoli Rocketry Association (TRA), argued that APCP
23749-415: The individual lives. The payment of a $ 200 "making tax" prior to manufacture of the weapon, although a subsequent transfer of AOWs after they are legally "made" is only $ 5. Only a Class-II manufacturer (a FFL holder licensed as a "Manufacture of Firearms" or Type-07 license that has paid a Special Occupational Tax Stamp or SOT) can manufacture NFA firearms (other than destructive devices) tax free, but they pay
23936-481: The jurisdiction of the Gun Control Act, National Firearms Act, Arms Export Control Act, Organized Crime Control Act of 1970, and other Federal firearms and explosives laws and regulations. The remainder of the bureau is personnel in various staff and support roles from office administrative assistants to intelligence analysts, forensic scientists, legal counsel, and technical specialists. Additionally, ATF relies heavily on state and local task force officers to supplement
24123-413: The legal status of owning such conversion kits. Removal of a weapon from classification as an NFA firearm, such as the reclassification of the original Broomhandle Mauser with shoulder stock from "short barrel rifle" (SBR) to a curio or relic handgun, changed its status as a Title II NFA firearm but did not change its status as a Title I Gun Control Act firearm. Muzzle-loading firearms are exempt from
24310-408: The list of intended users and a folding-stock version would also be developed. In 1938, the chief of infantry requested that the ordnance department develop a "light rifle" or carbine, though the formal requirement for the weapon type was not approved until 1940. Winchester developed the .30 Carbine cartridge for the ordnance department. Winchester at first did not submit a carbine design, as it
24497-526: The mortar and machine gun ammunition bearers), and the three rifle platoons were issued one each (for the platoon leader). The M1 carbine gained generally high praise for its small size, light weight and firepower, especially by those troops who were unable to use a full-size rifle as their primary weapon. However, its reputation in front-line combat was mixed and negative reports began to surface with airborne operations in Sicily in 1943, and increased during
24684-427: The most popular NFA firearms among civilians, followed by Short-Barreled Shotguns, Destructive Devices, and "Any Other Weapons". While most NFA firearms are bought from manufacturers and transferred to civilians through a dealer, many are made by civilians themselves after they file a Form 1 and pay the $ 200 tax. Some types of NFA firearms can be relatively simple to make: a Short-Barreled Rifle can be made by swapping out
24871-453: The need for tape. The 30-round magazines introduced for use with the selective-fire M2 carbine would not be reliably retained by the magazine catch made for the original M1 carbine which was designed to retain a 15-round magazine, so the much heavier 30-round magazine would not be properly seated in the M1 carbine magazine well. The loaded 30-round magazine would typically slant (impairing feed reliability) or even fall out, which contributed to
25058-403: The new law, and was given jurisdiction over criminal violations relating to the regulatory controls. These responsibilities were delegated to the ATF division of the IRS. The Secretary and the Attorney General were given concurrent jurisdiction over arson and bombing offenses. Pub.L. 91-452, 84 Stat. 922, October 15, 1970. In 1972, the ATF was officially established as an independent bureau within
25245-692: The omission of this feature from the Light Rifle Program. On 26 October 1944, in response to the Germans' widespread use of automatic weapons, especially the Sturmgewehr 44 assault rifle , the select-fire M2 carbine was introduced, along with a new 30-round magazine. The M2 had a fully automatic rate-of-fire of 750-775 rounds-per-minute. Although actual M2 production began late in the war (April 1945), U.S. Ordnance issued conversion-part kits to allow field conversion of semi-auto M1 carbines to
25432-405: The ongoing Rodney King riots . The next day, the ATF activated its Special Response Team tactical unit to escort firefighters in high-risk areas, pair up with local police in protecting certain establishments, and execute search warrants for looted firearms. During the riots, a total of 4,690 firearms were looted and stolen; over the next 10 days, ATF recovered fewer than 200 firearms. The ATF
25619-466: The operator would fire a burst of automatic fire at the greenish images of enemy soldiers. The M3 carbine had an effective range of about 70 yards (64 meters), limited by the visual capabilities of the sight. Fog and rain further reduced the weapon's effective range. However, it is estimated that 30% of Japanese casualties inflicted by rifle and carbine fire during the Okinawan campaign were caused by
25806-426: The ordnance department to examine their rifle M2 design. Major René Studler of ordnance believed the rifle design could be scaled down to a carbine which would weigh 4.5 to 4.75 lb (2.04 to 2.15 kg) and demanded a prototype as soon as possible. The first model was developed at Winchester in 13 days by William C. Roemer, Fred Humeston and three other Winchester engineers under the supervision of Edwin Pugsley and
25993-497: The other to help them catch up on their quota. When receivers were shipped for this purpose, the manufacturers would often mark them for both companies. Some of the strangest combinations were the M1s made by the combined efforts of Underwood and Quality Hardware, resulting in the manufacturer mark "Un-quality". The receiver was subcontracted from Union Switch and Signal, not Underwood. Many carbines were refurbished at several arsenals after
26180-423: The owner and the gunsmith. The Act makes certain conduct a criminal offense, in relation to engaging in business as a manufacturer, importer, or dealer with respect to (NFA) firearms without having registered or paid a Special Occupational Tax (SOT); receiving or possessing a firearm transferred to oneself in violation of the NFA; receiving or possessing a firearm made in violation of the NFA; receiving or possessing
26367-472: The person and from which a shot can be discharged by the energy of an explosive. Many AOWs are disguised devices such as pens , cigarette lighters , knives, cane guns , and umbrella guns. AOWs can be pistols and revolvers with smooth bore barrels (e.g., H&R Handy-Gun , Serbu Super-Shorty ) designed or redesigned to fire a fixed shotgun shell. While the above weapons are similar in appearance to weapons made from shotguns, they were originally manufactured in
26554-474: The poor reliability record of the 30-round magazines. Because of their thin steel construction, they were also more prone to damage due to their added length and weight when loaded. In response to these issues, early production M1 carbines had to be fitted with the type IV magazine catch used on the M2 carbine (and late production M1 carbines) if they were to be used with 30-round magazines in order to ensure reliable loading and feeding. The type IV magazine catch has
26741-642: The position, a U.S. Attorney from Boston with a good reputation, but Republican Sens. Larry Craig and Michael D. Crapo , both from Idaho, blocked his confirmation after complaints from an Idaho firearms dealer. In 2010, President Barack Obama nominated Andrew L. Traver , head of the ATF's Denver division, to fill the top spot, but the Senate never held his confirmation hearings. The NRA strongly opposed Traver's nomination. Subsequent failed nominations included Fraternal Order of Police president Chuck Canterbury (nominated by Donald Trump) and former ATF agent David Chipman (nominated by Joe Biden). B. Todd Jones
26928-601: The primary mission of the agency. However, taxation and other alcohol issues remained priorities as the ATF collected billions of dollars in alcohol and tobacco taxes, and undertook major revisions of the federal wine labeling regulations relating to use of appellations of origin and varietal designations on wine labels. In the wake of the terrorist attack on the World Trade Center and the Pentagon on September 11, 2001, President George W. Bush signed into law
27115-433: The production of tobacco and alcohol products and the regulatory function related to protecting the public in issues related to the production of alcohol, previously handled by the Bureau of Internal Revenue as well as by ATF, was transferred to the newly established Alcohol and Tobacco Tax and Trade Bureau (TTB), which remained within the Treasury Department. These changes took effect January 24, 2003. Complaints regarding
27302-603: The proper paperwork, import foreign NFA firearms for research and development purposes, or for government use. The domestic manufacture of new machine guns that civilians could purchase was effectively banned by language in the Firearm Owners Protection Act of 1986 (also known as "McClure-Volkmer"). The language was added in an amendment from William J. Hughes and referred to as the Hughes Amendment. Machine guns legally registered prior to
27489-540: The public as surplus. By the Korean War , the select fire M2 carbine had largely replaced the submachine-gun in U.S. service and was the most widely used carbine variant. However, the semi-auto M1 carbine was also widely used- especially by support troops. However, in Korea, all versions of the carbine soon acquired a widespread reputation for jamming in extremely cold weather, this being eventually traced to weak return springs, freezing of parts due to overly viscous lubricants and inadequate cartridge recoil impulse as
27676-638: The reduction of violent crime offenses in United States districts with dedicated Project Safe Neighborhood Agents and United States Attorneys far outperformed the national average. An outgrowth of the Project Safe Neighborhoods framework was the creation of Violent Crime Impact Teams which worked proactively to identify, disrupt, arrest and prosecute the most violent criminals through innovative technology, analytical investigative resources and an integrated federal , state and local law enforcement strategy. Generally, about 90% of
27863-509: The regulation of explosives in the United States, as well as prosecution of persons engaged in criminal acts involving explosives. One of the most notable investigations successfully conducted by ATF agents was the tracing of the vehicle used in the World Trade Center 1993 bombings , which led to the arrest of persons involved in the conspiracy. ATF also enforces provisions of the Safe Explosives Act, passed after 9/11 to restrict
28050-402: The replacement parts are regulated. However, the repair of original parts without replacement can be done by the original manufacturer, FFL gunsmith, or by the registered owner without being subjected to new registration as long as the serial number and the dimension (caliber) are maintained. The length may be reduced in repair, but cannot be increased. Increasing the length is considered as making
28237-439: The result of subzero temperatures. There were also many complaints from individual soldiers that the carbine bullets failed to stop heavily clothed or gear-laden North Korean and Chinese ( PVA ) troops even at close range and after multiple hits. Marines of the 1st Marine Division also reported instances of carbine bullets failing to stop enemy soldiers, and some units issued standing orders for carbine users to aim for
28424-612: The sale, possession, and transportation of firearms, ammunition, and explosives in interstate commerce . Many of the ATF's activities are carried out in conjunction with task forces made up of state and local law enforcement officers, such as Project Safe Neighborhoods . The ATF operates a unique fire research laboratory in Beltsville, Maryland , where full-scale mock-ups of criminal arson can be reconstructed. The ATF had 5,285 employees and an annual budget of almost $ 1.5 billion in 2021. The ATF has received criticism over its handling of
28611-522: The same procedures as individuals in obtaining NFA items. In an NFA trust, a responsible person is defined as "any grantor, trustee, beneficiary, ... who possesses, directly or indirectly, the power or authority under any trust instrument, ... to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the entity." ATF finalized the rule on January 15, 2016, to become effective 180 days later. The previous requirement for "chief law enforcement officer" approval
28798-544: The selective-fire M2 configuration. These converted M1/M2 select-fire carbines saw limited combat service in Europe, primarily during the final Allied advance into Germany. In the Pacific, both converted and original M2 carbines saw limited use in the last days of the fighting in the Philippines . The M3 carbine was an M2 carbine with the M2 infrared night sight or sniperscope . The M3 did not have iron sights . It
28985-449: The senior technical editor at the NRA contacted Edwin Pugsley for "a technical last testament" on M1 carbine history shortly before his death on 19 November 1975. According to Pugsley, "The carbine was invented by no single man," but was the result of a team effort including: William C. Roemer, David Marshall Williams, Fred Humeston, Cliff Warner, at least three other Winchester engineers, and Pugsley himself. Ideas were taken and modified from
29172-546: The shotguns were later found to be shorter than allowed by federal law, requiring registration as a short-barreled shotgun and payment of a $ 200 tax. The ATF brought firearms charges against Weaver, but offered to drop the charges if he would become an informant. After Weaver refused to cooperate, ATF passed on false information about Weaver to other agencies that became part of a misleading file that profiled Weaver as having explosive booby traps, tunnels, and bunkers at his home; growing marijuana; having felony convictions; and being
29359-551: The static stages of the conflict. The M1 and M2 carbines issued to U.S. forces were first given to American military advisors in Vietnam beginning in 1956, and later, the United States Air Force Security Police and United States Army Special Forces . These weapons began to be replaced by the M16 in 1964, and they were generally out of service by the 1970s. By the war's end, it was estimated that
29546-485: The stigma of a "gangster weapon" and reduced the $ 200 tax to one dollar for the Game Getter. In 1960 Congress changed the transfer tax for all AOW category firearms to $ 5. The transfer tax for machine guns, silencers, SBR and SBS remained at $ 200. In general, certain components that make up an NFA item are considered as regulated. For example, the components of a silencer are considered as "silencers" by themselves and
29733-405: The stock is not locked in the open or closed position, but is instead held in place by a spring-loaded cam. As carbines were reconditioned, parts such as the magazine catch, rear sight, barrel band without bayonet lug, and stock were upgraded with current standard-issue parts. Also, both during and after World War II, many semi-automatic M1 carbines were converted to select-fire M2 carbines by using
29920-544: The strength of recommendations of firearms industry leaders and hoped Williams would be able to complete various designs left unfinished by Ed Browning, including the Winchester G30 rifle. Williams incorporated his short-stroke piston in the existing design as the G30M. After the Marine Corps ' semi-automatic rifle trials in 1940, Browning's rear-locking tilting bolt design proved unreliable in sandy conditions. As
30107-536: The subjects covered in the training include training in firearms, physical techniques, driving techniques, handcuffing , interviewing, surveillance, crime scene management , photography, basic firearms training, and federal court procedures. The CITP lasts approximately 12 weeks. Each class consists of 48 students, of whom approximately half are ATF trainees. The remaining portion of the CITP class consists of students from other federal agencies. The second part of training
30294-421: The submachine gun and assault rifle and could be called a precursor of the personal defense weapon since it fulfilled a similar role. One characteristic of .30 caliber Carbine ammunition is that from the beginning of production, non-corrosive primers were specified. This was the first major use of this type of primer in a military firearm. Because the rifle had a closed gas system, not normally disassembled in
30481-403: The system, etc. Prior to World War II, the U.S. Army Ordnance Department received reports that the full-size M1 rifle was too heavy and cumbersome for most support troops (staff, artillerymen, radiomen, etc.) to carry. During pre-war and early war field exercises, it was found that the M1 Garand impeded these soldiers' mobility, as a slung rifle would frequently catch on brush or hit the back of
30668-622: The techniques used by ATF in their effort to generate firearm cases led to hearings before Congressional committees in the late 1970s and 1980s. At these hearings, evidence was received from citizens who had been charged by ATF, from experts who had studied ATF, and from officials of the bureau itself. A Senate subcommittee report stated, "Based upon these hearings it is apparent that ATF enforcement tactics made possible by current federal firearms laws are constitutionally, legally, and practically reprehensible." The Subcommittee received evidence that ATF primarily devoted its firearms enforcement efforts to
30855-494: The time had been United States Army officers during World War I and may have had personal knowledge of the use of such weapons in combat . The Supreme Court indicated it could not take judicial notice of such a contention. The Supreme Court reversed the District Court and held that the NFA provision (criminalizing possession of certain firearms) was not in violation of the Second Amendment's restriction and therefore
31042-470: The transfer occurs. For example, lawful heirs must submit a Form 5 and wait for approval before taking possession of any NFA item willed to them. Temporary transfers, such as those to a gunsmith or to the original manufacturer for repair, are not subject to ATF approval since they are not legally considered transfers. ATF does, however, recommend filing tax-free transfer paperwork on all such temporary transfers, to confer an extra layer of legal protection on both
31229-590: The transfers were promotions. In June 2011, Vince Cefalu, an ATF special agent for 24 years who in December 2010 exposed ATF's Project Gunrunner scandal, was notified of his termination. Two days before the termination, Rep. Darrell Issa (R-CA), chairman of the House Committee on Oversight and Government Reform, sent a letter to the ATF warning officials not to retaliate against whistleblowers. Cefalu's dismissal followed allegations that ATF retaliates against whistleblowers. ATF spokesman Drew Wade denied that
31416-425: The upper receiver for one containing a short barrel, and a Short-Barreled Shotgun can be created by using a pipe cutter to shorten the barrel length. Other NFA firearms, such as suppressors, require more technical skill. An NFA trust (also known as a gun trust, Title II trust, ATF trust, or Class 3 trust) is a legal trust that is used in the United States to register and own NFA firearms. Under regulations, use of
31603-473: The use/possession of explosives without a federal license to use them. ATF is considered to be the leading federal agency in most bombings that occur within the U.S., with exception to bombings related to international terrorism (investigated by the FBI). ATF currently trains the U.S. military in evidence recovery procedures after a bombing. All ATF Agents are trained in post-blast investigation; however ATF maintains
31790-448: The war, with many parts interchanged from original maker carbines. True untouched war production carbines, therefore, are the most desirable for collectors. The M1 carbine was also one of the most cost-effective weapons used by the United States military during World War II. At the beginning of World War II, the average production cost for an M1 carbine was approximately $ 45, about half the cost of an M1 rifle at approximately $ 85 and about
31977-402: Was a distinct impediment to the project, and Williams' additional design features were not incorporated into M1 production. In a 1951 memo written in fear of a patent infringement lawsuit by Williams, Winchester noted his patent for the short-stroke piston may have been improperly granted as a previous patent covering the same principle of operation was overlooked by the patent office. In 1973,
32164-458: Was constitutional. Subsequent rulings have been allowed to stand, indicating that short-barreled shotguns are generally recognized as ordinary military equipment if briefs are filed (e.g., see: Cases v. United States ), describing use of short-barreled shotguns in specialized military units. Bureau of Alcohol, Tobacco, Firearms and Explosives The Bureau of Alcohol, Tobacco, Firearms and Explosives ( BATFE ), commonly referred to as
32351-720: Was eliminated, while all responsible people for a trust must now comply with the same restrictions as individual owners. In 1938, the United States District Court for the Western District of Arkansas ruled the statute unconstitutional in United States v. Miller . The defendant Miller had been arrested for possession of an unregistered short double-barreled shotgun, and for "unlawfully ... transporting [it] in interstate commerce from Claremore, Oklahoma to Siloam Springs, Arkansas" which perfected
32538-558: Was essentially Williams' last version of the .30-06 M2 scaled down to the .30 SL cartridge. This patchwork prototype was cobbled together using the trigger housing and lockwork of a Winchester M1905 rifle and a modified Garand operating rod. The prototype was an immediate hit with army observers. After the initial Army testing in August 1941, the Winchester design team set out to develop a more refined version. Williams participated in
32725-447: Was filed on behalf of the defendants, and the defendants themselves did not appear before the Supreme Court. Miller himself had been murdered one month prior to the Supreme Court's decision. No evidence that such a firearm was "ordinary military equipment" had been presented at the trial court (apparently because the case had been thrown out—at the defendants' request—before evidence could be presented), although two Supreme Court justices at
32912-474: Was first used in combat by Army units during the invasion of Okinawa , where about 150 M3 carbines were used. For the first time, U.S. soldiers had a weapon that allowed them to visually detect Japanese infiltrating into American lines at night, even during complete darkness. A team of two or three soldiers was used to operate the weapon and provide support. At night, the scope would be used to detect Japanese patrols and assault units moving forward. At that point,
33099-412: Was inadequate, and in 1944, it was replaced by a sliding ramp-type adjustable sight with four settings: 100 yd (91 m), 200 yd (180 m), 250 yd (230 m), and 300 yd (270 m). This new rear sight was also adjustable for windage. At 100 yards (91 m), the M1 carbine can deliver groups between 3 and 5 in (76 and 127 mm), sufficient for its intended purpose as
33286-401: Was involved in the Waco Siege against the Branch Davidian religious sect near Waco, Texas , on February 28, 1993. ATF agents, accompanied by the press, conducted a raid to execute a federal search warrant on the sect's compound, known as Mt. Carmel . The Branch Davidians were alerted to the upcoming warrant execution, but ATF raid leaders pressed on, despite knowing the advantage of surprise
33473-412: Was lost. (ATF Director Steve Higgins had promised Treasury Under Secretary for Enforcement Ron Noble that the Waco raid would be canceled if the ATF undercover agent Robert Rodriguez reported that the element of surprise had been lost.) The resulting exchange of gunfire killed six Davidians and four ATF agents. FBI HRT later took over the scene and a 51-day stand-off ensued, ending on April 19, 1993, after
33660-413: Was never officially approved but proved an efficient method to supply extra ammunition in combat. After the introduction of the 30-round magazine, it was common for troops to tape two 30-round magazines together, a practice that became known as " jungle style ". This led the military to introduce the "Holder, Magazine T3-A1" also called the "jungle clip", a metal clamp that held two magazines together without
33847-450: Was nominated by President Barack Obama and confirmed by the Senate as permanent ATF director on July 31, 2013, serving until March 31, 2015. Jones was the only successful Senate-approved appointment until the Senate confirmed Steve Dettelbach in July 2022. Dettelbach's confirmation required a procedural maneuver to advance his nomination out of Senate Judiciary committee. It passed the evenly-divided Senate due to two Republicans voting with
34034-407: Was noted by the whistleblower that administrative officials were receiving this benefit, despite not being classified as criminal investigators. M2 carbine The M1 carbine (formally the United States carbine, caliber .30, M1 ) is a lightweight semi-automatic carbine that was issued to the U.S. military during World War II , the Korean War , and the Vietnam War . The M1 carbine
34221-494: Was occupied in developing the Winchester G30 rifle . The G30 rifle originated as a design by Jonathan "Ed" Browning , half-brother of the famous firearm designer John Moses Browning . A couple of months after Ed Browning's death in May 1939, Winchester hired David Marshall "Carbine" Williams who had begun work on a short-stroke gas piston design while serving a prison sentence at a North Carolina minimum-security work farm. Winchester, after Williams' release, had hired Williams on
34408-401: Was produced in several variants and was widely used by paramilitary and police forces around the world after World War II. The M2 carbine is the selective-fire version of the M1 carbine, capable of firing in both semi-automatic and full-automatic . The M3 carbine was an M2 carbine with an active infrared scope system. Despite having a similar name and physical outward appearance,
34595-436: Was singled out for harassment by two ATF agents. The owner of a gun shop testified that he thought agents questioned female customers too often. He said that times had changed and more women were shopping for guns, adding: "It seems, however, to be the prevailing opinion for law enforcement at the gun show that any woman who brings a male friend for advice or support must be making a straw purchase." A private investigator said
34782-414: Was that the target should house at least two of three federal law enforcement agencies : the Bureau of Alcohol, Tobacco, and Firearms (ATF), the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA). He regarded the presence of additional law enforcement agencies, such as the Secret Service or the U.S. Marshals Service , as a bonus. Until the September 11, 2001, attacks,
34969-551: Was the Inland division of General Motors , but many others were made by contractors as diverse as IBM , the Underwood Typewriter Company , and Rock-Ola Manufacturing Corporation . Few contractors made all the parts for carbines bearing their names: some makers bought parts from other major contractors or sub-contracted minor parts to companies like Marlin Firearms or Auto-Ordnance. Parts by all makers were required to be interchangeable. Often one company would get ahead or behind in production and parts would be shipped from one company to
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