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Article criticizing NFA classification of short barreled rifles
Here, in the Harvard Journal of Law and Public Policy. Some very good analysis. In 1934, they were treated as gangster weapons, although I don't ever recall hearing of gangsters using them. They tended to have their fights at pistol or shotgun range, not at 100+ yards. Originally the minimum barrel length was 18"; then the government discovered it had sold millions of M-1 carbines as surplus, and they had 16.5" barrels. So the minimum length was reduced to 16". Which did a nice job of showing how arbitrary it was.
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I am amazed at this being published in the Harvard JLPP, does not seem to fit the narrative
My understanding is that the NFA included short-barreled rifles and shotguns because the NFA was originally intended to include handguns, and it was considered pointless to include handguns when anyone could take a hacksaw to a shotgun.
Handguns were removed from the bill, following a huge outcry from gun owners and the first lobbying efforts by the NRA. With handguns removed, it made no sense to continue the restrictions on short-barreled long guns, but they were retained.
Great piece, thanks
Common lore in Michigan is that the length of 18 inches was amended prior to passage so that Michigan based Marbles could make at least one model of their "Game Getter". Or so I have heard numerous times.
P.
The part about M-1 carbines doesn't seem right. The M1 carbine didn't enter service until 1942.
I understood that the change for rifle barrel length was because of some Winchester lever actions with 16 in barrels.
I wish they had the internet in 1934 maybe someone would have posted the real reason in their blog.
I have an old 1892 saddle ring carbine that was made before 1934. Mine has the 19 inch barrel, but they made a "Trapper" model with a 16 inch barrel.
I also believe the story that SBRs were included in NFA34 because handguns were included. When the handguns were removed during mark-up, no one thought to also remove SBRs.
In 1938, the Chief of Infantry requested that the Ordnance Department develop a "light rifle" or carbine, though the formal requirement for the weapon type was not approved until 1940. This led to a competition in 1941 by major U.S. firearm companies and designers.
And as Hamilton, ever the federalist, stated, the federal government has NO AUTHORITY to legislate in any of the areas covered by a Bill of Rights so none is needed and adding some will only end up causing those in power to behave as though they had the authority to legislate in those areas. Federalist 84.
S2pid is as s2pid does.