Destructive Device (DD) – Explosive Ordnance: A destructive device can be one of three things: an explosive, incendiary, or poison gas weapon. This can include bombs, mines, grenades, missiles, rockets and other similar devices. The parts used to build these devices are also included under Title II. None of the states in the Union permit ownership of an explosive ordnance. Examples: Claymore mine, hand grenade, improvised explosive device (IED) Examples: 20mm rifle, flare launcher with anti-personnel ammunition, Street Sweeper shotgun Machine Guns: According to the NFA, a machine gun is defined as “any weapon which shoots, is designed to shoot or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger.” This definition includes any frame, receiver, or parts to make a machine gun. The State of Iowa does not allow machine guns. Examples: AK-47 rifle, M16 rifle, M4A1 rifle Short-Barrelled Rifles (SBR): A rifle is a shouldered firearm that has spiral grooves inside the gun barrel and can fire one bullet at a time. A short-barrelled rifle has a barrel of less than 16 inches or overall length of less than 26 inches, as defined by the NFA. This also includes any weapon made from a rifle that is of the same dimensions. The stock must be extended on folding stock rifles when measuring the length. Pistols with shoulder stocks may be considered a short-barrelled rifle if they meet other requirements. Check with experts like those at Wendl’s Weapons if you are unsure about your firearm. Examples: semiautomatic Glock pistol with shoulder stock, Wilson Combat SBR Tactical rifle, sawed-off rifles Short-Barrelled Shotguns (SBS): An SBS is any shotgun having a barrel less than 18 inches long, or any weapon made from a shotgun that is less than 26 inches long. A shotgun is a shoulder-fired, smooth bore firearm. Examples: H&K Fabarm FP6, Seraphim Armoury 9″ SBS, customized “sawed off” shotguns Silencers: A silencer or suppressor is any device that is used to muffle or diminish the sound of the gunshot of a portable firearm. This also includes any parts used to build a silencer or suppressor. Examples: Gemtech MIST25, AAC Element 4, YHM Sidewinder Any Other Weapon (AOW): This is a miscellaneous weapons category. According to the NFA, an AOW is ” any weapon or device capable of being concealed on a person from which a shot can be discharged through the energy of an explosive.” Examples: a cane gun, a pen gun, pistol with a forward grip Penalties for Violating the NFATrying to get around the NFA isn’t recommended, as the penalties are severe. A conviction results in a felony on your record and is punishable by up to ten years in prison and/or a $10,000 fine. Even first offenders will probably see jail time. In addition, any weapon that is in violation of the NFA is subject to civil forfeiture. Using a machine gun or silencer while committing a violent crime or drug crime can add thirty years to your sentence, even if the NFA is not violated. National Firearms ActThe NFA was originally enacted in 1934. Similar to the current NFA, the original Act imposed a tax on the making and transfer of firearms defined by the Act, as well as a special (occupational) tax on persons and entities engaged in the business of importing, manufacturing, and dealing in NFA firearms. The law also required the registration of all NFA firearms with the Secretary of the Treasury. Firearms subject to the 1934 Act included shotguns and rifles having barrels less than 18 inches in length, certain firearms described as “any other weapons,” machineguns, and firearm mufflers and silencers. While the NFA was enacted by Congress as an exercise of its authority to tax, the NFA had an underlying purpose unrelated to revenue collection. As the legislative history of the law discloses, its underlying purpose was to curtail, if not prohibit, transactions in NFA firearms. Congress found these firearms to pose a significant crime problem because of their frequent use in crime, particularly the gangland crimes of that era such as the St. Valentine’s Day Massacre. The $200 making and transfer taxes on most NFA firearms were considered quite severe and adequate to carry out Congress’ purpose to discourage or eliminate transactions in these firearms. The $200 tax has not changed since 1934. As structured in 1934, the NFA imposed a duty on persons transferring NFA firearms, as well as mere possessors of unregistered firearms, to register them with the Secretary of the Treasury. If the possessor of an unregistered firearm applied to register the firearm as required by the NFA, the Treasury Department could supply information to State authorities about the registrant’s possession of the firearm. State authorities could then use the information to prosecute the person whose possession violated State laws. For these reasons, the Supreme Court in 1968 held in the Haynes case that a person prosecuted for possessing an unregistered NFA firearm had a valid defense to the prosecution — the registration requirement imposed on the possessor of an unregistered firearm violated the possessor’s privilege from self-incrimination under the Fifth Amendment of the U.S. Constitution. The Haynes decision made the 1934 Act virtually unenforceable. Title II of the Gun Control Act (GCA) of 1968Title II amended the NFA to cure the constitutional flaw pointed out in Haynes. First, the requirement for possessors of unregistered firearms to register was removed. Indeed, under the amended law, there is no mechanism for a possessor to register an unregistered NFA firearm already possessed by the person. Second, a provision was added to the law prohibiting the use of any information from an NFA application or registration as evidence against the person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration. In 1971, the Supreme Court re-examined the NFA in the Freed case and found that the 1968 amendments cured the constitutional defect in the original NFA. Title II also amended the NFA definitions of “firearm” by adding “destructive devices” and expanding the definition of “machinegun.” Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. 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