Mon Jan 1, 0001

NFA History and Registry

National Firearms Act (1934)

Enacted June 26, 1934. Response to Prohibition-era gang violence. Regulates six categories: machine guns, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), suppressors/silencers, destructive devices, Any Other Weapons (AOWs).

Process

Submit ATF Form 4, pay $200 tax stamp ($5 for AOWs), undergo FBI background check, wait 6-12+ months.

The NFA Registry (NFRTR)

Formally: National Firearms Registration and Transfer Record. Maintained by ATF NFA Branch, Martinsburg, WV. ~7.9 million registered items as of 2022. Suppressors and SBRs fastest-growing categories.

1986 Machine Gun Freeze

FOPA (1986) prohibited transfer of machine guns manufactured after May 19, 1986 to civilians. Pre-1986 registered machine guns remain transferable. Post-86 “dealer samples” may only be held by FFL/SOTs with law enforcement demonstration letters.

Example: Glock 18 (full-auto pistol) introduced after 1986, so no new Glock 18 can ever be transferred to civilians. Only available to law enforcement, military, or FFL/SOT manufacturers.

NFRTR Accuracy: Documented Problems

Busey Testimony (October 18, 1995)

Thomas A. Busey, NFA Branch Chief, videotaped training presentation to ATF HQ personnel. Entered into Congressional Record (August 2, 1996, Volume 142 Issue 117):

  • “When we testify in court, we testify that the database is 100 percent accurate. That’s what we testify to, and we will always testify to that. As you probably well know, that may not be 100 percent true.”
  • Stated that when he first took the position one year prior, “our error rate was between 49 and 50 percent.”
  • Error rate based on informal, undocumented estimate by Firearms and Explosives Regulatory Division personnel; methodology unknown.

The NFRTR inaccuracy problem had been subject of internal ATF discussion since at least 1979.

Source: Congressional Record (August 2, 1996): https://www.govinfo.gov/content/pkg/CREC-1996-08-02/html/CREC-1996-08-02-pt1-PgE1461.htm Source: https://www.gunowners.com/ip02.htm

OIG Report I-2007-006

DOJ Office of Inspector General evaluation of ATF’s management of the NFRTR.

Findings:

  • Inadequate standard operating procedures, training, and communications
  • NFA Branch staff do not process applications or enter data uniformly
  • Backlog of record discrepancies between NFRTR and FFL inventories found during compliance inspections
  • NFRTR software programming flawed (ATF’s own admission)
  • Older records with empty data fields improperly excluded from search results
  • System erroneously generated two separate records for single weapons
  • Incorrect owners listed on queries and reports

ATF Industry Operations Inspector survey:

  • How often discrepancy between inventory reports and actual inventory?
    • All of the time: 16.4%
    • Most of the time: 30.1%
    • Some of the time: 39.5%
  • How often was discrepancy due to NFRTR errors?
    • Always: 10%
    • Most of the time: 34.4%
    • Some of the time: 33.1%

Source: https://oig.justice.gov/reports/ATF/e0706/scope.htm Source: https://foundation.gunowners.org/files/legal/3-2023cv00129-Exhibit_11_OIG_NFRTR_Report.pdf

Specific Data Integrity Problems

Documented in Congressional Record, OIG reports, and FOIA responses:

  • 100,000+ NFA firearms registered to dead persons
  • Duplicate registrations for single firearms
  • ATF employees intentionally destroyed registration records (Treasury Dept. IG)
  • Unknown number of transfers ATF failed to update
  • Erroneous updates to registrations by ATF employees
  • Illegal registrations allowed when ATF failed to follow 1968 amnesty procedures, permitting registrations beyond the amnesty period

Source: https://firearmsindustryconsultinggroup.com/inaccuracy-of-the-nfrtr-smoking-gun/ Source: https://www.ammoland.com/2017/06/foia-response-confirms-nfrtr-data-unreliable-for-prosecutions/

NFRTR in Court: Key Cases

United States v. Friesen (10th Circuit, settled 2008)

Oklahoma City attorney Doug Friesen charged with possessing unregistered Sten 9mm machine gun (2003). Technical examination of STENs disclosed none fully matched NFRTR descriptions — discrepancy in “overall length” between weapon and registry entry. Dr. Fritz Scheuren (statistician) informed court NFRTR is insufficient for criminal proceedings. DOJ folded; Friesen pled to minor paperwork violation ($50 fine). DOJ/ATF avoided having to defend NFRTR accuracy in court.

Source: https://jpfo.org/articles-assd/friesen-case.htm Source: https://jpfo.org/articles-assd/friesen-case-02.htm

United States v. Olofson (7th Circuit, 563 F.3d 652, 2009)

During prosecution, ATF removed a lawfully owned “machine gun” of another citizen from NFRTR, claiming it was an AR-15 with M-16 parts and therefore not a machine gun. When defense attorneys requested court compel ATF to produce exculpatory documents, ATF Chief Counsel’s Office told the court documents contained tax information and court was prohibited from seeing them.

Source: https://www.casemine.com/judgement/us/59146765add7b049342b1b54/amp Source: https://www.pagunblog.com/2009/05/05/analysis-of-olofson-case/

DOJ Mass Disclosure (post-Busey)

After Busey testimony became public, DOJ conducted mass mailing by U.S. attorneys to defense lawyers and defendants providing relevant ATF documents about NFRTR accuracy problems.

Source: https://www.gunowners.com/litigation/67-coverletter

Joshua Prince SSRN Paper

“Violating Due Process: Convictions Based on the National Firearms Registration and Transfer Record When its ‘Files are Missing’” — comprehensive academic treatment of NFRTR’s insufficiency for criminal proceedings. Covers 1934 NFA, 1968 amnesty, 1986 FOPA, registration process, and due process implications.

Source: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2752028

Post-Sample Reclassification Issues

ATF conducted sweep of NFRTR to identify misclassified machine guns. Determined machine guns imported pre-May 19, 1986 in furtherance of government purchase orders were not “sales samples” and reclassified ~1,200 as “fully transferable” (internet estimates had claimed ~4,000).

Separately, ATF proposed reclassifying some currently legal and transferable machine guns to “post sample” (non-transferable) status.

Source: https://firearmsresearchcenter.org/forum/atf-to-reclassify-certain-pre-86-dealer-sample-machine-guns-as-fully-transferable/ Source: https://www.thetruthaboutguns.com/atf-may-soon-reclassify-some-machine-guns-as-post-sample-and-non-transferrable/

DOJ Justice Manual on NFRTR Discovery

DOJ’s own Criminal Resource Manual (Section 1436) addresses discovery issues related to the NFRTR, acknowledging the need for special handling in NFA cases.

Source: https://www.justice.gov/archives/jm/criminal-resource-manual-1436-discovery-issues-national-firearms-and-registration-transfer

Additional Sources