From: [j--rd--l] at [cassandra.cair.du.edu] (JAMES O. BARDWELL ) Newsgroups: rec.guns Subject: 1934 NFA versus 1968 NFA Date: 9 May 1994 13:30:33 -0400 While the National Firearms Act was indeed first enacted in 1934, it's essential registration provisions were gutted by the US Supreme Court in 1968, in the case Haynes v. US. Thus it was rewritten in 1968, and passed as part of the bill that was the Gun Control Act. The burden of paying the tax, and registering the weapon was on the transferee under the old NFA. This had the effect of requiring those who were in unlawful possession of the weapon to register it, or commit a crime. This was combined with a requirement that the entity adminitering the program, the old ATT branch of the Treasury Dept., provide registration info to local law enforcement, and in fact to anyone. A book was to be kept at various local offices, open to the public. The supreme court found that requiring registration under these circumstances violated the 5th amendment right to not have to incriminate oneself. They said it would be an absolute defense under a prosecution for possessing an unregistered weapon. Thus no one had to register their gun, if they didn't want to. This ruling was part of the reason, and only part, of why the 1968 NFA was accompanied by an amnesty period to register weapons. Also the amnesty was needed to allow folks to register DEWAT type machine guns, as machine gun receivers were added to the definition of machine gun, and destructive devices, which were added to the list of NFA weapons in 1968. The amended NFA, besides adding machine gun receivers, and destructive devices to the list of regulated weapons, put the registration and tax burden on the transferor. It also required the registration information be kept confidential, like any other tax return, and not be used in any criminal prosecution except for giving false information on the paperwork itself. James Bardwell