Want to buy a machine gun with no background check? [View all]
An obscure regulation designed to close a gun law loophole that allows some people to avoid background checks when purchasing machine guns and silencers has sparked one of the more unusual gun control debates of the year. That's because those doing the arguing are all gun enthusiasts. Gun control groups have stayed out of this one.
The regulation in question proposed earlier this year by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has drawn more than 9,000 comments. Many are from individuals urged to write the agency by gun groups, according to analysis via Sunlights Docket Wrench tool. The comment period for the proposed rule closed on Dec. 9.
They are protesting the agency's plan to shut down a loophole that allows people to avoid background checks when purchasing sawed off shotguns, machine guns, silencers, guns that look like pens, and even Molotov cocktails--all classified as National Firearms Act weapons under a law dating back to 1934, the glory days of Al Capone and Baby Face Nelson -- as long as the weaponry is transferred into a legal trust. Usually, purchasers of such weapons must get approval from the ATF, pay a $200 tax, undergo stringent fingerprint-based background checks, and get sign off from local law enforcement officials, among other measures.
But if individuals register these firearms to a legal trust or corporation, there is no background check or required approval from local law enforcement officials. In recent years, gun enthusiasts have been flocking to lawyers or creating their own trusts with popular software such as Quicken. The New York Times reported that Christopher J. Dorner, the former Los Angeles police officer who went on a shooting rampage earlier this year, wrote in his manifesto that he'd used Quicken to create a trust where he placed silencers and a short-barreled rifle without having to undergo a background check. (The paper notes, however, that because Dorner was not a felon, he would have passed a background check.)
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