Most gun owners would agree that navigating firearms legislation can be complex and confusing.
This article provides a straightforward explanation of the Firearm Owners' Protection Act, including its key provisions, purpose, and ongoing impact on gun rights.
You'll learn about the background and goals of this pivotal 1986 law, its reforms to federal firearms license processes, new protections for transporting guns interstate, the machine gun ban introduced under the Act, and how it relates to subsequent gun legislation in the United States.
Introduction to the Firearm Owners' Protection Act
Firearm Owners' Protection Act of 1986 Summary
The Firearm Owners' Protection Act (FOPA) of 1986 was federal legislation in the United States that revised various regulations related to the ownership of firearms. Some key components of FOPA include:
- Reforming purchase regulations to allow interstate sales of long guns between licensed dealers and easing certain record-keeping requirements for dealers
- Allowing transportation of firearms through states where possession of those firearms would otherwise be illegal as long as specific rules are followed
- Banning the sale of machine guns manufactured after the date FOPA went into effect to civilians
- Prohibiting the government from maintaining a national registry of firearms
Overall, FOPA aimed to roll back some existing federal gun regulations while also enacting some new restrictions.
Legislative History and the 99th United States Congress
FOPA was introduced in the 99th United States Congress and passed with bipartisan support. It was designed to reform and soften certain provisions of the Gun Control Act of 1968 that were considered unduly harsh by some lawmakers and gun owners.
The political context at the time was one where gun rights advocates felt existing laws imposed unfair burdens on lawful owners. There was a push from some corners to ease these regulations, which culminated in FOPA's passage and signing into law by President Ronald Reagan.
Primary Goals and Reactions to the Law
The primary goals of FOPA were to:
- Make it easier for hobbyists, collectors, and dealers to transport, buy, and sell firearms across state lines
- Protect gun owners from unwarranted prosecution for technical violations
- Ban new sales of machine guns to civilians
Reactions varied greatly depending on the stakeholder. Gun control advocates felt FOPA weakened critical regulations, while gun rights supporters believed it helped correct overreach. Law enforcement had mixed views regarding the impact on public safety and enforcement capabilities.
Amendment II and the Second Amendment to the United States Constitution
The Second Amendment guarantees American citizens the right to keep and bear arms. FOPA aimed to ensure regulations did not overly burden the exercise of this constitutionally protected right.
However, legislators still saw fit to enact some restrictions, like the machine gun ban, showing there are limits to how far gun rights extend. The complex debate around interpreting and balancing the Second Amendment continues to this day.
What did the firearms Owners Protection Act do?
The Firearms Owners' Protection Act (FOPA) of 1986 was federal legislation in the United States that revised various parts of the Gun Control Act of 1968. Here are some of the key things FOPA did:
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It eased restrictions on interstate sales of long guns by licensed firearms dealers. Before FOPA, interstate sales of long guns were only allowed between licensed dealers in contiguous states. FOPA allowed interstate long gun sales between all licensed dealers, regardless of the states' contiguity.
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It allowed ammunition shipments through the U.S. Postal Service. Prior to FOPA, only small arms ammunition could be shipped via the U.S. Mail. FOPA removed this restriction.
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It created a "safe passage" provision allowing transport of firearms through jurisdictions where possession of those firearms would otherwise be illegal. There are certain rules and restrictions around this provision.
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It prohibited a national gun registry and precluded ATF from consolidating dealers' records in a centralized facility. This aimed to alleviate concerns about government overreach and Second Amendment infringement.
So in summary, FOPA eased some restrictions on sales and transport of guns while also prohibiting policies seen as government overreach by some gun owners. It attempted to balance public safety with the rights of lawful gun owners.
What is the firearm Risk Protection Act?
The firearm Risk Protection Act is legislation that was introduced in Congress to incentivize states to pass their own "extreme risk protection order" laws. These laws allow law enforcement officers or family members to petition a court to temporarily restrict access to firearms for individuals who may present a danger to themselves or others.
The key components of extreme risk protection order laws include:
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Allowing law enforcement officers, family members, or household members to petition a court for an extreme risk protection order against an individual who poses a significant danger of harming themselves or others with a firearm.
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Providing due process protections where the respondent has an opportunity to participate in a court hearing.
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Establishing clear evidentiary standards that must be met before an order is issued.
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Including a process for allowing the respondent to request termination of the order.
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Temporarily restricting the respondent's access to firearms while the order is in effect. The restriction period is typically up to one year, with an option to renew.
The federal firearm Risk Protection Act aims to incentivize more states to pass their own extreme risk laws by providing grant funding preferences to states that have implemented qualifying statutes. The goal is to provide a legal process in every state for concerned parties to intervene when warning signs emerge that could prevent gun tragedies.
What was the purpose of the Gun Control Act?
The Gun Control Act of 1968 was enacted with the purpose of imposing stricter licensing and regulation on the firearms industry. Some key events led to its passage:
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The assassinations of Martin Luther King, Jr. and Senator Robert F. Kennedy in 1968 raised concerns about gun violence and the need for stricter regulations.
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There were calls for imposing stricter licensing requirements and oversight on gun dealers and manufacturers to help curb gun violence.
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The act aimed to keep firearms out of the hands of those considered "prohibited persons" such as felons, fugitives, those dishonorably discharged from the military, mental defectives, illegal immigrants, and domestic abusers.
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It prohibited interstate trade in handguns and increased the minimum age to 21 for buying handguns.
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The law banned the importation of surplus military weapons and ammunition.
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It established new categories of firearms offenses and prohibited the sale of firearms and ammunition to felons and certain other prohibited persons.
In summary, the main purpose was to address growing public safety concerns by imposing stricter regulations and oversight on the firearms industry and keeping guns away from those deemed too high-risk to own them legally.
What is the firearm Act in the United States?
The National Firearms Act (NFA) is a piece of federal legislation that was enacted in 1934 as part of the Internal Revenue Code. It imposed taxes on the manufacture, sale, and transfer of certain types of firearms.
The NFA was the first major federal regulation of firearms in the United States. It mandated the registration of fully automatic weapons, short-barreled rifles and shotguns, and other firearms classified as "gangster-type weapons".
Some key points about the NFA:
- It required the payment of a $200 tax (in 1934 dollars) on the making or transfer of NFA firearms, which still applies today
- It created a registry of NFA firearms with the Secretary of the Treasury
- Individuals who wish to own NFA firearms must submit registration forms and undergo background checks
- It restricted transportation of certain NFA firearms across state lines
The purpose of the legislation was to curb organized crime during Prohibition by making it more difficult for gangsters to obtain certain types of weapons.
While amended over time, the NFA still forms the backbone for federal regulation of specialized firearms today. The law is enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
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The Gun Control Act of 1968 and Reforms Under FOPA
Streamlining the Federal Firearms License Application Process
The Firearm Owners Protection Act (FOPA) aimed to make the process of obtaining a Federal Firearms License (FFL) easier for gun dealers. Prior to FOPA, the Gun Control Act of 1968 had stringent requirements and wait times for license approvals. FOPA mandated that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) must approve or deny an FFL application within 60 days. This helped streamline the licensing process.
Additionally, FOPA reduced some burdensome paperwork requirements to apply for an FFL. For example, prior extensive records of gun sales were required. Under FOPA, these requirements were relaxed. Overall, the legislation made the FFL application and acquisition process quicker and simpler for prospective gun dealers.
Limits on ATF Compliance Inspections
The Firearm Owners Protection Act restricted how often ATF agents can inspect FFL dealers to once per year. Exceptions are allowed if multiple record-keeping violations are recorded or if firearms are reported as lost or stolen from the dealer's inventory.
By limiting compliance inspections, FOPA aimed to reduce perceived harassment and overly stringent oversight of licensed gun dealers by the ATF. However, some argued this made it harder for the ATF to ensure FFL dealers were complying with all applicable firearms laws and regulations.
Firearm Owners Protection Act Registration Changes
The Firearm Owners Protection Act also prohibited any rule or regulation enacted under the Gun Control Act of 1968 from requiring registration of firearms, firearm owners, or ammunition.
Part of the reasoning was to protect the privacy rights of gun owners. FOPA made it illegal for the federal government to use the National Instant Criminal Background Check System to establish any firearms registry.
This was seen as a major victory for advocates of the Second Amendment and privacy rights. However, some argued it restricted law enforcement's ability to track firearm ownership and sales effectively.
Impact on Public Safety and Gun Ownership
Proponents of FOPA argue the legislation helped restore rights to law-abiding firearm owners that were diminished under the Gun Control Act of 1968. By streamlining licensing and restricting inspection overreach by the ATF, they contend it protected gun owners from harassment.
However, critics argue aspects of FOPA, like limits on compliance inspections and registration, compromised public safety. For example, they argue restrictions on establishing a federal database of gun purchases made it harder for law enforcement to trace firearms used in crimes.
Overall, FOPA aimed to balance public safety regulations with the rights of firearm owners. But disagreements remain on whether the correct balance was achieved.
Interstate Transport Provisions and the Firearm Owners' Protection Act Safe Passage Provision
The Firearm Owners' Protection Act standardized rules concerning the transport of firearms across state lines. A key provision is the safe passage provision, which affirms an individual's right to transport firearms between residences and other lawful destinations without fear of prosecution.
18 U.S. Code § 926A - Interstate Transportation of Firearms
This federal statute allows any person not prohibited from possessing firearms to transport them between any place they can legally possess them, even through jurisdictions with strict gun laws. Requirements include:
- Firearms must be unloaded and in a locked container. Ammunition must be in a separate locked container.
- Travel must be continuous and expeditious. Reasonable stops like food and gas are allowed.
- Transport must start and end in places where possession is lawful.
Protection When Crossing Anti-Gun States
The safe passage provision prevents prosecution for illegal possession if transporting firearms according to the above requirements. This allows passage through states with assault weapons bans, magazine capacity restrictions, or other strict laws.
As long as the origin and destination comply with federal law, the transport itself is federally protected. Local jurisdictions crossed cannot prosecute.
Case Studies: Application of the Safe Passage Provision
In United States v. Emerson, a man transported firearms from Texas to New Jersey through New York City. He was licensed in Texas but not New York. However, his conduct aligned with federal transport requirements.
The court ruled he qualified for safe passage protection despite more restrictive state and local laws. The case affirmed and clarified the scope of the federal provision.
In another case, a Utah gun owner flew through New York with an unloaded firearm in a locked container as checked luggage. He faced prosecution under state law but cited the federal safe passage provision. The charges were ultimately dismissed based on the federal protection.
Challenges and Legal Disputes Involving Interstate Transport
The Emerson case resolved some ambiguity around the safe passage provision's applicability, but disputes still occur:
- Detainment or arrest by local authorities unfamiliar with federal law
- Seizure of firearms if local laws prohibit features like high capacity magazines
- Burden on traveler to understand nuances around "continuous" and "expeditious" transport
These issues highlight remaining confusion stemming from differences between federal, state, and local gun laws. But the safe passage provision establishes an important protection for lawful gun owners crossing jurisdictions with strict firearms regulations.
Impact of the 1986 Machine Gun Ban Under FOPA
Closure of New Machine Gun Registry
The Firearm Owners' Protection Act (FOPA) of 1986 included a provision that prohibited the transfer and possession of new machine guns, effectively closing the registry for automatic firearms as of May 19, 1986. This halted any new registrations of machine guns for civilian ownership moving forward.
The ban meant that only machine guns that were registered before the cutoff date can still be legally owned and transferred today, subject to the rules of the National Firearms Act. No new machine guns can be added to the civilian registry.
Implications for Ownership and Transfer of Fully-Automatic Firearms
For individuals who already legally owned machine guns prior to May 19, 1986, they retain the ability to continue possessing these firearms. They can also transfer them to qualified buyers subject to ATF approval and a tax payment.
However, with no new machine guns entering the civilian ownership pool after the ban date, the supply has remained fixed over time. This has significantly increased the market value of transferable machine guns in the decades since.
Today, legally owned fully-automatic firearms typically sell for tens of thousands of dollars due to the finite supply. The price premium essentially restricts ownership of machine guns to a wealthy collector market.
The National Firearms Act and FOPA: A Comparative Analysis
The National Firearms Act (NFA) has regulated civilian ownership of machine guns and other specialty firearms since 1934. Owners have been required to register their weapons and pay taxes.
Key differences after FOPA's 1986 machine gun ban:
- No new machine guns can be registered for civilian ownership
- Transfer taxes still apply for pre-ban machine guns ($200 per weapon)
- Strict ATF oversight remains for possession and transfers
- Pre-ban machine guns are significantly more expensive
So while procedural requirements around registration and taxes remained similar after 1986, the crucial change was the halting of additions to the machine gun registry - making the supply fixed from that point forward.
Controversies and Legal Challenges to the Machine Gun Ban
In the decades since the 1986 ban, there have been various legal attempts to challenge or overturn the prohibition on new machine gun sales and transfers.
However, federal courts have consistently upheld Congress' authority to ban these weapons. The Supreme Court declined to hear appeals seeking to invalidate the machine gun ban, leaving the prohibitions in place to this day.
Meanwhile, some gun rights advocates still argue the ban contradicts the Second Amendment. But legal experts do not expect the 1986 prohibitions to be overturned through the courts in the foreseeable future.
Subsequent Related Legislation and Amendments to FOPA
The Brady Handgun Violence Prevention Act and its Connection to FOPA
The Brady Handgun Violence Prevention Act, passed in 1993, built upon the licensed firearms dealer system established under the Firearm Owners' Protection Act (FOPA). The Brady Bill mandated background checks for handgun purchases through licensed dealers. This complemented FOPA's system of rules, regulations, and penalties for licensed dealers. However, the Brady Bill faced legal challenges related to its interim provisions. In 1997, the Supreme Court ruled aspects of it unconstitutional in the Printz v. United States case.
Federal Assault Weapons Ban and its Relationship with FOPA
The Federal Assault Weapons Ban was passed in 1994, prohibiting the manufacture and sale of certain semi-automatic firearms. This ban intersected with FOPA in its definitions of prohibited weapons. For example, the assault weapons ban relied on similar criteria to FOPA regarding features like flash suppressors, pistol grips, and bayonet mounts that qualified a firearm as restricted. While the ban expired in 2004, it demonstrated further congressional efforts to regulate firearms building off FOPA's frameworks.
Gun-Free School Zones Act (GFSZA) and Concealed Carry in the U.S.
The Gun-Free School Zones Act (GFSZA) passed in 1990 aimed to prohibit firearm possession in school zones. However, in the 1995 U.S. v. Lopez case, the Supreme Court ruled GFSZA unconstitutional since it exceeded Congress's Commerce Clause authority. This ruling had implications for state concealed carry laws, as it limited federal overreach into state and local firearm regulations. The impact highlighted intersections between the GFSZA and FOPA in defining federal, state, and local authority over firearm possession and concealed carry rights.
The Lautenberg Amendment: Domestic Violence and Firearm Ownership
The Lautenberg Amendment in 1996 prohibited firearm ownership for individuals convicted of misdemeanor domestic violence offenses. This built upon FOPA's restrictions regarding categories of prohibited persons from purchasing or possessing firearms. While controversial from a Second Amendment standpoint, the Lautenberg Amendment demonstrated continued efforts by Congress to expand upon FOPA's prohibited persons definitions in firearm regulations.
Conclusion: Assessing the Firearm Owners' Protection Act's Legacy
The Firearm Owners' Protection Act (FOPA) of 1986 has had a significant and lasting impact on gun rights and gun politics in the United States. Key effects include:
Lasting Impact on Gun Rights and Gun Politics in the U.S.
- Confirmed the right to transport firearms across state lines in accordance with federal law
- Streamlined the federal firearms licensing system, making it easier for dealers to obtain and renew licenses
- Contributed to the wider availability of firearms by reforming purchase requirements
Unresolved Issues and Potential Changes in United States Federal Firearms Legislation
- Debate continues around regulation of assault weapons and high-capacity magazines
- Some propose new legislation to establish a machine gun registry to track ownership
- Additional amendments have been proposed to further ease restrictions on interstate transport
The Role of the National Instant Criminal Background Check System (NICS)
- NICS was established after FOPA to facilitate background checks on firearm purchases
- Plays a key role in enforcing restrictions on sales to prohibited persons
- Significance continues to be debated regarding its effectiveness in preventing gun crime
Future Directions and Gun Law Reform in the United States
- Reforms likely to continue incrementally easing restrictions on lawful owners
- Comprehensive action on access limitations or assault weapon bans appears unlikely
- FOPA's legacy shapes the contours of the debate on both sides
In summary, FOPA's reforms have significantly shaped gun rights expansion in America, though debates around more restrictive measures persist. Its legacy continues to inform the politics and future direction of United States federal firearms law.
