No. If NFA is declared unconstitutional, that destroys the basis for the NFRTR, the National Firearms Registry and Tracking Record. But the Hughes Amendment would still be there, right? No. Chris (above) says the HA prohibited the manufacture of machine guns after 1986. That's not precisely correct. The HA closed the NFRTR to new additions for other than government entites. If the NFRTR goes away, the HA becomes moot. Gone also would be the requirement to serialize firearms which was introduced by NFA, and along with it would be any possibility of a "firearms registry" of any sort. If NFA goes under, I finally can get my M3A1 🙂
Technically, the NFA wouldn't be repealed if Matt is successful, it would be struck down. Repealed would mean that lawmakers would have enacted legislation to nullify it. Hopefully, Matt and crew are attacking the Hughes Amendment, too, I don't know if they are or not.
I get the confusion on the Hughes Amendment, it was part of FOPA in 86 (ironic) but it also expanded the prohibited persons list and specifically just stops the further registration/transfer of new machine guns. Would that not have been along the lines of "amend section x of the NFA by adding another section called z regarding registration to exclude new age machine guns", thus meaning it just sorta added on to it? or is it like its own bill, and if thats the case how would it even go about doing its job if the nfa disappeared.
If stuck down its functionally nuked and rendered null congress's view on it doesn't mean shit. That and its unlikely Hughes would survive either in the process.
Original vintage MG’s would still hold a lot of value even if the NFA, ‘68 GCA & ‘86 Ban were gone. There’s a lot of obstacles in our way for our full rights to be restored.
They would hold their value only has collectibles if all of those are repealed. Most of their values come from the fact that they are part of a limited supplies of legal machineguns. Once people could get machine guns at your local gun shop, their value would go wayyy down. Sure there will be people who are looking for a vintage pre 86 gun, but most people who are willing to pay 25k for a machine gun is because it is a machine gun.
All the common and converted machine guns would naturally level out in value but all the machine guns that have actual historical value would retain their worth
I don't actually know about that since if more of those historical meachine guns get imported it could decrease them in value there are actually alot of some of those rifles which are rare in the US
In the 1930’s the $200 tax stamp was a real financial deterrent to most US citizens. That was its purpose. The world economy was mired in the Great Depression and that $200 would be about $3500 in 2020 dollars. Currently the market price for automatic weapons functions as the financial deterrent.
It's still detriment to most people once you add in the price of a silencer. But you are absolutely right back the it was so expensive that only the very rich could afford one.
I remember in the early 80s when you could walk into stores and buy these guns, Woolworths SkyCity and such. I remember running straight to the gun section where guns where just stacked on the floor and shelves and not behind counters or locked up while my grandma shopped, we even had gun racks with loaded guns in our trucks in the school parking lot up until the early 90s here in WNC, That was a different world back then. shall not be infringed!
Simply being able to buy a can without the wait would be great. Machineguns as an investment is like is anything else, an investment, risk associated with that.
If there was no nfa a lot of us would be a lot more broke. If I didn’t have to wait a year to get a suppressor ,sbr,or sbs or even some type of DD. . I would spend a lot more money on shit I didn’t need but looked like fun.
Full auto would require quality parts and manufacturing as well. That alone would make the price higher. Most of those off-the-rack ARs would fall apart if you put them under that type of stress.
Also there are certain ones that I don't believe would drop in value. 1921 TSMG comes to mind. Yes auto ordinance could make new ones, but it's not the same from a collectors standpoint. Also it's one of my grail guns.
2A no weapon should be illegal to own. However, i understand it its the smart thing to do for these 4 weapon platforms that should be heavily regulated. Full auto belt fed. Grenade launchers. Mortars. Howitzer.
Though maybe a fine for carrying like driving. When drinking alcohol and legal drug use. Drunk or high with a gun, I do understand the common sense here, so yes, this should be illegal.
My perspective of the repeal of the NFA is that the Hughes amendment would also be void. The language of the amendment restricts the government of being able to accept the tax and register the machine gun to a civilian after the effective date. With no tax and registry in existence any longer Hughes becomes null and void.
Unfortunately, that is not true. The relevant code of what is colloquially known as the "Hughes Amendment", passed as part of the 1986 FOPA, is now found in 18 USC sec. 922. Here's the relevant language: "(o) (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. (2)This subsection does not apply with respect to- (A) [Omitted]; or (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect" In other words, the Hughes Amendment is actually a full blown statutory prohibition on machine guns that happens to contain an exception of grandfathering in guns which were lawfully possessed (registered in accordance with the NFA) prior to the enactment of the law.
@@darthsnowball3157 The caveat is that the NFA defines what the statutory definition of a machine gun is. No NFA = No more legal definition of a machine gun.
@@PoormansMachineGun Unfortunately, while you are correct that repealing or striking down the NFA would remove the statutory definition of "machine gun" that would not automatically invalidate the provision. A law need not define every term to be valid/enforced. If the NFA were repealed, the definition would have to be litigated. The result could be ugly, as things such as bumpstocks or binary triggers (or potentially even common semiautomatic rifles) could end up being "machine guns" according to some of the courts that interpret the law.
Unfortunately, as Rules of the Court goes, in order for a case to advance through the court system a case has to be brought by a defendant in order to have injury, thus standing with the court. That means someone would have to be arrested/charged Federally for illegal possession of an automatic rifle and/or possessing a machine gun manufactured after 1986. Then the case would have to work it’s way through the court systems to the SCOTUS, even then there is no guarantee the court would take up the case. That’s just to get it struck down at the Federal level, all the states that have their own restrictions, though we know they are unconstitutional, are certainly not going to voluntarily throw up their collective hands and capitulate into submission. So each state is going to have to be fought over every bloody inch. And that my dear compatriots costs money, lots of it.
Since the BATF announced that personal manufactured firearms are perfectly legal to manufacture and own. Since personal manufactured firearms are mentioned in the NFA, with preemption banning of so-called "ghost Guns" are then unconditional. Is that correct?
I don't mean to create a controversy, but if the NFA disappeared, machine guns would be the firearms that would be least interesting to me. My first interest in getting rid of the NFA is to make suppressors into just another accessory. There's zero reason to regulate suppressors. That addition to the NFA was stupid then and remains stupid now. The first "NFA item" that I'd buy would be a suppressor. I might have to get barrels machined or just buy new barrels, but the suppressors would be my first purchase. My second interest in getting rid of the NFA is to be rid of the controversy over braces and fore grips on "short-barreled rifles." Fully-automatic fire doesn't interest me nearly as much as having a firearm that would be more portable than a rifle but with similar controls, aiming ease, and accuracy. I'd like to put whatever accessories I want on this firearm and not worry about the ATF ruling that the firearm is suddenly illegal or must be registered. I don't want to have to notify the ATF every time I take it across state lines. I have nothing against machine guns, but a short AR would be more useful to me. I'm not really interested in a short-barreled shotgun, but I'd rather have a short-barreled shotgun than a machine gun. If the NFA disappeared, I'd be celebrating the fact that you and others could buy the machine guns that you wanted, but when I "celebrate with my wallet," I'll be celebrating with other items.
If I understand you correctly you are saying that if the NFA is deemed a violation of the 2nd Amendment and thus unconstitutional by the Supreme Court, the states can still impose NFA like restrictions? How would that be consistent with the 14th Amendment's guarantee of equal protection under the law?
There would have been some very dark times in the US if the NFA were no longer in effect. Because the government is not going to get rid of it voluntarily. Wait till HR1808 or a similar bill passes, and it will eventually. The 2 party two-step in this country has done nothing but take our freedoms one step forward and two steps back, and instead of seeing the fact that neither party is pro2A, we celebrate the one step forward as a victory.
Thanks for your channel I really enjoy your presentations and they are cool with lots of unique and historical guns .. I hope I haven’t missed the Walther P22 review and a good look at that M1a with the match barrel as the short episode just left me with more questions.. Thank You Very Mych
No one has yet to answer this question for me....I understand that a tax stamp item, an SBR cannot be transported across a state line, without the Feds permission. WHY, does one need permission to take your gun with you if you travel? Thanks, ....Your new subscriber.
Weapons with any select fire capability, including 3 rnd burst, are considered machine guns due to the way ATF defines automatic and semiautomatic fire. If your weapon fires more than a single round per trigger pull, it is a machine according to ATF.
I can appreciate your desire to stay impartial and not get caught up in the weeds as an opinion piece. I don't really have a preference when it comes to machine guns, as I consider it a luxury. A civilian does not really have a practical reason to have a select fire rifle or submachine gun, when you are responsible for every bullet that comes out of the barrel. I can see the desire of police wanting a select fire rifle if they're forced to start clearing a hostile house. I would really like to see the NFA get repealed though, because it restricts SBRs, SBSs, and Suppressors - all of which I consider useful to a civilian shooter in some fashion. I would love to pick up a few cans without having to pay hundreds of dollars to the government unnecessarily. I refuse to reward them for restricting my 2nd Amendment right.
Adjust for inflation and the $200 tax stamp turn into over $4,000 for the privilege to own a firearm that has less velocity than the standard 16 or 20” versions. $4,000 for a suppressor that only reduces the volume by around 30db. Equivalent to a pair of $1 earplugs. Bullpups have a 16’ barrel, but are the same size as a 10.5” SBR and are perfectly fine to own. But a 14.5” SBR is a NFA item because it’s size makes it easier to conceal. However, wearing a trench coat in the summer time may tip off people that you are trying to conceal something. A rifle with less than a 16” barrel is still over two feet long. Easier to conceal does not mean concealable. The value of machine guns would tank at first then skyrocket because the pre 86 machine guns are antiques and now people could buy them without having to wait months for permission to own a gun they will rarely if ever shoot. Machine guns are not near as cool as people think. They are only wanted because the government says you can’t have it. Once people realize how much ammo they go through and how little control or usefulness full auto is, they may have 1 in the safe but will choose semi auto 9 out of 10 times because its the better option. Full auto is only useful to retreat or in team situations. Alone, full auto will run through you mag and you will be empty in seconds wishing you didn’t just waste 25 of 30 rounds.
That was amazing. Thank you. I dont know how you find the time to learn and video all this great content. Sounds like it's two more big laws beyond the NFA that would need to be retracted for this to have the select fie civilian outcome some civilians want. Personally I'd just like a easy silencer system to reduce load on my ears. But that will never happen in my state :-(. Again very well done. Kudos.
It’s funny in Canada which recently prohibited AR15’s and is in the process of prohibiting all hand guns, shot barrelled rifles or shotguns are fine. Go figure?
This is an ALL OR NOTHING issue. If the NFA is ruled constitutional, it means that Government (Congress or State Legislatures) can TAX firearms or subset of firearms with characteristics they didn't like. If the NFA is constitutional then it must also be constitutional to impose a $250 billion dollar tax on a handgun, "assault weapon", sword or whatever the lawmakers want to target. So, yeah, you have the right to own and bear arms if you have $250 billion to pay the tax on a $450 Glock.
I will say this... If any true 2A lover who does not want to see the NFA gone simply because they are worried about the value of their guns, are selfish dirtbags! The NFA is nothing short of a total infringement and unconstitutional! To hell with the value!
Well of course I can't speak for everybody, but of all of them were done away with, I think that most of not all current owners would look at it your way. Now they would be able to complete a collection. I do know some have bought MGs as an investment so they might be upset. Either way all of those so called gun laws need to go away.
I can legally own a pistol with a 15 inch barrel or a 1/100 of an inch barrel, and also a rifle with a 30 foot barrel, but I can not legally own a rifle with a 15 inch barrel. This is stupid.
i don’t see it as tax i see it as a extortion i have two suppressors i had approval in four weeks with the first one. criminals get what ever they want if you want full auto fire just bump fire!!!
From my understanding, the Hughes amendment prevents new machines from being added on the registry. If the NFA is no more, then there is no registry for new machine guns to not be added to. Isnt that a round about way of nullifying the Hugh's amendment?
In the given scenario that the NFA was abolished and civilians were able to purchase machine guns on a standard 4473, would that allow for foreign import machine guns to be purchased or only domestic manufactured?
The NFA is unconstitutional. You cannot tax a right. Murdock v. Pennsylvania, 319 U.S. 105 (1943) The drafters knew they could not outright ban certain firearms and devices. So, the did the next best thing. Tax the dickens out it.
I just don't care about machine gun owners and their greed. No one is taking away their guns. They can seeth and cope. It's their fault for justifying the nfa by using it to get mgs.
I wish they would ban the nfa I would like to be able to shoot without ear protection and hunt with out clunky electronic head phones the make it impossible to hear the little noises that you miss with them on.
The second amendment is the only constitutional right that says SHALL NOT BE INFRINGED.And yet it is the only one that you have to pay a tax? Let’s start a $200 tax on all computers ? Basically a tax on the first amendment won’t fly will it? And yet we are taxed on our second amendment rights 👎🤔
If the NFA were overturned, the individual States could NOT pass more restrictive laws because they wouldn't pass Constitutional muster. Now that the Second Amendments is a fully incorporated right, the States are basically powerless to restrict it. I think people are getting confused with the abortion ruling which says abortion is NOT a Constitutional right and thus the States are free to regulate it.
Dear Chris of Marksman TV, speaking of the Minimi / M249 featured in the thumbnail, how about you do a special in-depth history episode of the FN Minimi / M249 because nobody has ever done a gun history video on that particular gun because of being overlooked. And about the M249’s background history when you’re about to look at it, it’s gonna be super interesting.
Correct me if I'm wrong wouldn't SBR, SBS, Surpressor, and AOW lose thier definitions. By that I mean they only exist because of the NFA and if NFA goes away then the definitions become meaningless.
Hell, if he wants to sell auto sears, I say let him sell the damn things. Anyone who tells you that you can convert an AR-15 to full auto simply by adding a part or 'filing down this thingy, here' is bullshitting you. No criminal is going to waste the time and effort when they can illegally acquire a complete M16 or AK-47 a lot easier.
I agree if the Nfa act is defeated/struck down it would not permit new mg manufacturing or importing as both the gca of 1968 and the Hughes amendment are free standing. And do not reference or derive authority from the Nfa act. If anything the prices would go up as demand would go up. I’m not familiar with the exact details of the case you referenced. But if he was charged with it making post 86 machine guns the Hughes amendment could be in play. If he was charged with illegal transfers that’s the Nfa. Without know exactly details. But you can’t be charged with illegal transfer if the item is not a mg. And in order to declare it a new made mg the Hughes amendment would have to be referenced.
Neither the NFA nor the Hughes Amendment will be able to withstand a court challenge now. Both will be gone in the next couple of years. I'm not so sure about GCA 68.
@@psp1921tsmg Agreed. I was speaking more generally of the Constitutionality of both. Both will be struck down. Even the most pessimistic reading would lead to Hughes being struck down even if the NFA stands. My bet is both go down and all NFA items become Title 1 firearms.
@@schmidtmpa I actually disagree. The Nfa can easily stand if the tax portion is removed under current case law. I think you are right if Hughes was challenged properly as being arbitrary and to within the historic norm it will be struck down
@@psp1921tsmg I would assume it would be struck down entirely - the NFA I mean - rather than the Court trying to save it by excising the tax. This would depend on the arguments of course. The argument would be that the NFA has no purpose if the tax is not collected and Title 1 is sufficient for former NFA items. You and I both know that there's essentially no difference between a NICS check and the NFA background check. Regardless, getting rid of Hughes would be a great first step.
ANY restriction on weapons that are BEARABLE, is an INFRINGEMENT, and therefore, UNCONSTITUTIONAL!!! SHALL NOT BE INFRINGED!!! I WANT MY M4 WITH GRENADE LAUNCHER TO FIGHT TYRANTS, FORIEGN AND DOMESTIC!!!
It is my understanding that it is currently legal to manufacture machine guns, it's just illegal to sell them to civilians. That makes me wonder, if the NFA was repealed, would it be legal for an individual to convert an AR15 into an M16 for their own use?
I've always wanted a Mac 10... I think a 45 caliber machine pistol would be just the thing for home defense. In 5 seconds you can fill an intruder so full of lead, they'll have to make a pencil out of him.
Let’s also not forget if they got rid of the NFA and the Hughes amendment by chance alot of people would loose alot of money on full autos they bought for investment purposes. Just remember all a machine gun does is waste a lot of ammo really fast
I’m not arguing on you with that one I wouldn’t mind having a true full auto cz scorpion and a few others just to play with from time to time. Especially when I decide I have too much ammo laying around and need to lighten the count. What am I saying you can never have too much ammo but I still wouldn’t mind having a few to play with.
I 'd get one of those thread adapters so I can thread oil filters on my firearms, then go to the oil change places and help them "dispose" of all those left over oil filters.
4:55 By restrictions do you mean just tax and the waiting period? Or would states like California still be able to out right have all NFA items banned?
