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Climate of the United States
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For change, see Climate change in the United States.
Köppen climate types of the US
The climate of the United States varies due to differences in latitude, and a range of geographic features, including mountains and deserts. West of the 100th meridian, much of the US is semi-arid to desert in the far southwestern US, and Mediterranean along the California coast. East of the 100th meridian, the climate is humid continental in the northern areas east through New England, to humid subtropical in the Gulf and South Atlantic regions. Southern Florida is tropical, as is Hawaii and the US Virgin Islands. Higher-elevation areas of the Rocky Mountains, the Wasatch, Sierra Nevada, and Cascade Range are alpine. The West Coast areas in coastal Oregon and Washington are oceanic climate. The state of Alaska, on the northwestern corner of the North American continent, is largely subarctic climate, but with a subpolar oceanic climate in the southeast (Alaska Panhandle), southwestern peninsula and Aleutian Islands.
The primary drivers of weather in the contiguous United States are the seasonal change in the solar angle, the migration north/south of the subtropical highs, and the seasonal change in the position of the polar jet stream.
In the Northern Hemisphere summer the Subtropical high pressure systems move northward and closer to the United States mainland. In the Atlantic Ocean, the "Bermuda High" creates a south-southwest flow of warm, humid air over the eastern, southern and central United States - resulting in warm to hot temperatures, high humidity and occasional thunderstorm activity. In the Pacific Ocean high pressure builds toward the California coast resulting in a northwesterly airflow creating the typical sunny, dry, and stable weather conditions along the West Coast.
In the Northern Hemisphere winter, the subtropical highs retreat southward. The polar jet stream (and associated conflict zone between cold, dry air masses from Canada and warm, moist air masses from the Gulf of Mexico) drops further southward into the United States - bringing more precipitation and periods of disturbed weather, as well as colder or mild air masses. Areas in the southern US (Florida, the Gulf Coast, the Desert Southwest, and southern California) however, often have more stable weather, as the polar jet stream's impact does not usually reach that far south. Weather systems, be they high-pressure systems (anticyclones), low-pressure systems (cyclones) or fronts (boundaries between air masses of differing temperature, humidity and most commonly, both) are faster-moving and more intense in the winter/colder months than in the summer/warmer months, when the belt of lows and storms generally move into southern Canada.
The Gulf of Alaska is the origination area of many storms that enter the United States. Such "North Pacific lows" enter the US through the Pacific Northwest, then move eastward across the northern Rocky Mountains, northern Great Plains, upper Midwest, Great Lakes and New England states. Across the central states from late fall to spring, "Panhandle hook" storms move from the central Rockies into the Oklahoma/Texas panhandle areas, then northeast toward the Great Lakes. They generate unusually large temperature contrasts, and often bring heavy Gulf moisture northward, resulting sometimes in cold conditions and possibly-heavy snow or ice north and west of the storm track, and warm conditions, heavy rains and potentially-severe thunderstorms south and east of the storm track - often simultaneously. Across the northern states in winter usually from Montana eastward, "Alberta clipper" storms track east and bring light to moderate snowfalls from the Great Lakes to New England, and often, windy and severe Arctic outbreaks behind them. When winter-season Canadian cold air masses drop unusually far southward, "Gulf lows" can develop in or near the Gulf of Mexico, then track eastward or northeastward across the Southern states, or nearby Gulf or South Atlantic waters. They often bring rain, but on rare occasions can bring ice to areas of the interior southern states.
In the cold season (generally November to March), most precipitation occurs in conjunction with organized low-pressure systems and associated fronts. In the summer, storms are much more localized, with short-duration thunderstorms common in many areas east of the 100th meridian. In the warm season, storm systems affecting a large area are less frequent, and weather conditions are more solar {sun} controlled, with the greatest chance for thunderstorm and severe weather activity during peak heating hours, mostly between 3 PM and 9 PM local time. From May to August especially, often-overnight mesoscale-convective-system (MCS) thunderstorm complexes, usually associated with frontal activity, can deliver significant to flooding rainfall amounts from the Dakotas/Nebraska eastward across Iowa/Minnesota to the Great Lakes states. From late summer into fall (mostly August to October), tropical cyclones sometimes approach or cross the Gulf and Atlantic states, bringing high winds, heavy rainfall, and storm surges (often topped with battering waves) to coastal areas.
Record one day precipitation by county between 1979 and 2011.
A map of the average annual high temperatures in the United States.
Contents
[hide]
1 Regional overview
1.1 Southwest
1.2 Gulf Coast/Lower Mississippi Valley/South Atlantic states
1.3 Southern Plains/Lower Midwest/Middle East Coast
1.4 Northern Great Plains/North-Central/Great Lakes/New England
1.5 Pacific Northwest
2 Precipitation
3 Extremes
4 Overall average(s)
5 Natural disasters and effects
6 See also
7 References
8 External links
Regional overview[edit]
Southwest[edit]
The Southwest has a hot desert climate, at lower elevations. Cities like Phoenix, Las Vegas, Yuma, and Palm Springs have average highs over 100 °F (38 °C) during the summer months and lows in the 60s. In winter, daily temperatures in the southwest are cooler with highs in the 50s and 60s F, and lows in the 40s F. Northern Arizona and New Mexico, central and northern Nevada and most of Utah (outside higher mountain areas) have a semi-desert climate, but with colder and snowier winters than points south due to higher elevations. As in other desert climates, the dry air results in large differences (sometimes over 40 F ) between daytime high and nighttime low temperatures.
The coast of California has a Mediterranean climate. Daily high temperatures range from 70 to 80 °F (21 to 27 °C) in the summer to 50 to 65 °F (10 to 16 °C) in winter, with low temperatures from the 60 °F (16 °C)s in summer to the mid 40s F in winter. [citation needed]. Like most Mediterranean climates, much of coastal California has a wet winter and dry summer. Early summers can often bring cool, overcast weather (fog and low stratus clouds) to coastal California. As such, the warmest summer weather is delayed until August, even September in many areas of the California coast; on average, September is the warmest month in San Francisco, CA. Upwelling of cold Pacific waters also contributes to the frequent cool spring and early summer weather in coastal California. In California's inland river valleys (Bakersfield, Sacramento areas), the wet-winter, dry-summer pattern remains, but winters are cooler and more prone to occasional frost or freeze, while summers are much hotter, with blazing sunshine and daytime high temperatures not uncommonly in the 90s °F to over 100 °F (38 °C).
Gulf Coast/Lower Mississippi Valley/South Atlantic states[edit]
The Gulf and South Atlantic states have a humid subtropical climate with mostly mild winters and hot, humid summers. Most of the Florida peninsula including Tampa and Jacksonville, along with other coastal cities like Houston, New Orleans, Savannah, Charleston and Wilmington all have average summer highs in the lower 90s F, and lows generally from 70 to 75 °F (21 to 24 °C); combined with moist tropical air, this creates the sultry summer weather conditions typical found here. In the interior South, in cities like Raleigh, NC, Atlanta, Birmingham, AL, Nashville TN, San Antonio, TX, and Jackson, average summer highs and lows are similar to coastal areas, while some areas of interior eastern Texas having highs in the upper 90s F. In winter, average daily high temperatures range from the 40 °F (4 °C)s (upper South: northern Arkansas, Kentucky and Virginia), to the 60 °F (16 °C)s along the Gulf Coast and South Atlantic coast (Charleston southward), with 70 °F (21 °C)s in central and southern Florida and far southern Texas. Average daily lows in winter range from 20 °F (−7 °C)s north to 40 °F (4 °C)s along the Gulf and far South Atlantic coasts, with 50 °F (10 °C)s in Florida and coastal south Texas.
Southern Florida has a tropical climate, with all months having a mean temperature of higher than 65 °F (18 °C), a wet season from May through October, and a dry season from November through April. In cities like Fort Lauderdale, Miami, Key West, Naples, and Palm Beach average daily highs range from the mid 70 °F (21 °C)s in winter to the upper 80 °F (32 °C)s in summer. Average overnight lows range from the upper 50 °F (10 °C)s in winter to the mid and upper 70 °F (21 °C)s in summer. Southern Florida is the warmest region of the US mainland in winter.
Southern Plains/Lower Midwest/Middle East Coast[edit]
The region from the southern Plains, to the lower Midwest, eastward to the central East Coast (the New York City/coastal Connecticut region southward to Virginia) has a temperate climate, with cool to cold winters and long hot summers. Daytime highs range from 80 to 90 °F (27 to 32 °C) in summer to 35 to 50 °F (2 to 10 °C) in winter. Lows range from the 60 °F (16 °C)s in summer to 25 to 35 °F (−4 to 2 °C) in winter. Cities in this region include Wichita, Kansas, St. Louis, Springfield, Illinois, Indianapolis, Indiana, Columbus, Ohio, Pittsburgh, Philadelphia, Washington, D.C., Richmond, Virginia, New York City, New Haven, Connecticut, and Atlantic City, New Jersey. Precipitation is spread fairly evenly throughout the year, though as one travels from Indiana westward there is an increasingly prominent early-summer concentration, with a May maximum in northern Texas and Oklahoma, and a June maximum increasingly evident from (central/northern) Indiana westward to Kansas. As one travels from east to west across Texas, Oklahoma and Kansas, average annual precipitation steadily decreases. Far western Texas (El Paso area) is desert, and average annual precipitation is less than twenty inches (510 mm) in westernmost Kansas and the Oklahoma Panhandle, where the climate qualifies as semi-arid.
In the lower Midwest (and southern Plains states, especially), temperatures can rise or drop rapidly; winds can be extreme; and clashing air masses, including hot, dry air of Mexican and/or Southwestern origin, warm, moist air from the Gulf of Mexico and cold, dry air from Canada can spawn severe thunderstorms and tornadoes, particularly from April to June. The "dryline," separating hot, dry air of Mexican/Southwestern U.S. origin from warm, moist air from the Gulf of Mexico, often causes severe, occasionally violent, thunderstorms to fire in central and eastern Texas, Oklahoma and Kansas; these sometimes contribute toward the hailstorms and tornado outbreaks that the Southern Plains are well known for. Reflecting these air-mass conflicts, central Oklahoma, including the Oklahoma City and Moore-Norman areas, has the highest frequency of tornadoes per unit land area on planet Earth, with May the highest-risk month for tornadoes throughout "Tornado Alley," from northern Texas north-northeastward toward western and central Iowa.
Northern Great Plains/North-Central/Great Lakes/New England[edit]
The northern half of the Great Plains (Nebraska northward), northern Midwest, Great Lakes, and New England states have a humid continental climate. Here there are four distinct seasons, with warm to hot summers, and cold and often-snowy winters. Average daily high temperatures range from 10 °F (−12 °C)s (in North Dakota, and central and northern Minnesota) to 30 °F (−1 °C)s in winter to 70 to 80 °F (21 to 27 °C)s in summer, while overnight lows range from below 0 °F (−18 °C) in winter (in North Dakota and much of Minnesota) to 50 to 60 °F (10 to 16 °C)s in summer. In the New England states, precipitation is evenly distributed around the year, with a slight late fall-early winter (November–December) maximum along the New England coast from Boston, MA northward due to intense early-winter storms. In the Great Lakes states, cold Arctic air in winter crossing the relatively warmer lake waters can result in frequent and sometimes very heavy "lake effect" snow, especially on the eastern and southern shores of the Great Lakes (for example, in western Michigan's Lower Peninsula and in the Buffalo, NY area). Cities in this area include Minneapolis, MN, Omaha, NE, Sioux Falls, SD, Fargo, Chicago, Cleveland, Buffalo, Albany, Boston, Concord, Augusta, Maine. As one travels from east to west across Nebraska, South Dakota and North Dakota, average annual precipitation steadily decreases, and the westernmost counties of these states have a semi-arid climate, with about or just over 15 inches of precipitation per year, on average (see climate data for Williston, ND, Rapid City, SD and Scottsbluff, NE).
In the upper Midwest and northern Plains states, temperatures may rise or fall rapidly, and winds (from warm-season thunderstorms or larger-scale low-pressure systems) can be strong to extreme. Here, air-mass conflicts primarily involve warm, moist air from the Gulf of Mexico, clashing with cool to cold, dry air from Canada, with only occasional intrusions of hot, dry air from the southwest. The conflicts between Canadian and Gulf air commonly produce severe thunderstorms (including hailstorms, especially on the western Plains) and tornadoes, particularly in May and June. In the northern Plains and North Central states generally, June is the year's wettest month on average, owing to maximum shower and thunderstorm activity. Also, June is the highest-risk month for severe weather throughout North Dakota, South Dakota, Minnesota, Iowa, Wisconsin and northern Illinois.[citation needed]
Pacific Northwest[edit]
The Pacific Northwest has a oceanic climate. The climate is wet and cool in autumn, winter, and spring, and stable and drier in the summer months, especially July and August. On average, the wettest month is typically November or December; the driest, July. In the summer months, average highs in cities like Seattle and Portland are from 70 to 79 °F (21 to 26 °C) with lows from 50 to 59 °F (10 to 15 °C), while in winter daily highs are from 40 to 49 °F (4 to 9 °C) and overnight lows from 30 to 39 °F (−1 to 4 °C).[citation needed]
In winter, the Pacific Northwest (especially coastal districts and other areas west, i.e. on the prevailing windward side, of the Olympic and Cascade mountain ranges), experiences a mostly overcast, wet and cool climate, but without severe cold like that found in the interior northern U.S. (i.e. Minnesota/North Dakota). At lower elevations, winter precipitation falls mostly as rain. However, snow does occur even at the lowest elevations, primarily when Pacific moisture interacts with cold air intruding into the Pacific Northwest from western Canada (i.e. Alberta and interior British Columbia). In Seattle, WA and Portland, OR, winter-season snowfall varies greatly from one winter season to the next; in Seattle, the average winter-season snowfall is about 7 inches. In January 1950 (also the coldest January and winter month in Seattle history), Seattle received an unprecedented monthly snowfall of over 57 inches. Summers in the Pacific Northwest are generally cool, especially along the coastline. The Great Basin and Columbia Plateau (the Intermontane Plateaus) are arid or semiarid regions, with high summer temperatures in the 90s to occasionally over 100 at lower elevations (e.g. at Boise, ID), with annual precipitation averaging less than 15 inches (380 mm) as a result of the rain shadow of the Sierra Nevada and Cascades.[citation needed]. Both coastal and interior areas of Oregon and Washington, and southern Idaho, have a wet-winter, dry-summer precipitation pattern, but traveling eastward into Montana and Wyoming, this transitions progressively toward relatively drier winters and a May and eventually June precipitation maximum, the latter characteristic of the Northern Plains and much of the upper Midwest (i.e. both Dakotas, Nebraska, Iowa and Minnesota).
Precipitation[edit]
Average precipitation
See also: United States rainfall climatology
The characteristics of precipitation across the United States differ significantly across the United States and its possessions. Late summer and fall extratropical cyclones bring a majority of the precipitation which falls across western, southern, and southeast Alaska annually. During the fall, winter, and spring, Pacific storm systems bring most of Hawaii and the western United States much of their precipitation. Most of Florida has a subtropical monsoon rainfall pattern (wet summer and dry winter). [1]
In the central and upper eastern United States, precipitation is evenly distributed throughout the year, although summer rainfall increases as one moves southeastward. Lake-effect snows add to precipitation potential downwind of the Great Lakes,[2] as well as Great Salt Lake and the Finger Lakes during the cold season. The average snow to liquid ratio across the contiguous United States is 13:1, meaning 13 inches (330 mm) of snow melts down to 1 inch (25 mm) of water.[3] The El Niño-Southern Oscillation affects the precipitation distribution, by altering rainfall patterns across the West, Midwest, the Southeast, and throughout the tropics.[4][5][6][7]
During the summer, the Southwest monsoon combined with Gulf of California and Gulf of Mexico moisture moving around the subtropical ridge in the Atlantic Ocean bring the promise of afternoon and evening thunderstorms to the southern tier of the country as well as the Great Plains.[8] Equatorward of the subtropical ridge, tropical cyclones enhance precipitation (mostly from August to October) across southern and eastern sections of the country, as well as Puerto Rico, the United States Virgin Islands, the Northern Mariana Islands, Guam, and American Samoa.[9] Over the top of the ridge, the jet stream brings a summer precipitation maximum to the Great Lakes. Large thunderstorm areas known as mesoscale convective complexes move through the Plains, Midwest, and Great Lakes during the warm season, contributing up to 10% of the annual precipitation to the region.[10]
Extremes[edit]
Several different air masses affect the United States.
In northern Alaska, tundra and arctic conditions predominate, and the temperature has fallen as low as −80 °F (−62 °C).[11] On the other end of the spectrum, Death Valley, California once reached 134 °F (56.7 °C), officially the highest temperature ever recorded on Earth.[12]
On average, the mountains of the western states receive the highest levels of snowfall on Earth. The greatest annual snowfall level is at Mount Rainier in Washington, at 692 inches (1,758 cm); the record there was 1,122 inches (2,850 cm) in the winter of 1971–72. This record was broken by the Mt. Baker Ski Area in northwestern Washington which reported 1,140 inches (2,896 cm) of snowfall for the 1998-99 snowfall season. Other places with significant snowfall outside the Cascade Range are the Wasatch Mountains, near the Great Salt Lake and the Sierra Nevada, near Lake Tahoe.
Along the coastal mountain ranges in the Pacific Northwest, rainfall is greater than anywhere else in the continental US, with Quinault Ranger Station in Washington having an average of 137 inches (3,480 mm).[13] Hawaii receives even more, with 460 inches (11,684 mm) measured annually, on average, on Mount Waialeale, in Kauai.[14] The Sonoran Desert in the southwest is home to the driest locale in the US. Yuma, Arizona, has an average of 2.63 inches (67 mm) of precipitation each year.[15]
[hide]Climate data for United States
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Year
Record high °F (°C)
98
(37) 105
(41) 108
(42) 118
(48) 124
(51) 129
(54) 134
(57) 127
(53) 126
(52) 117
(47) 105
(41) 100
(38) 134
(57)
Record low °F (°C)
−80
(−62) −75
(−59) −68
(−56) −50
(−46) −25
(−32) −1
(−18) 10
(−12) 5
(−15) −13
(−25) −48
(−44) −61
(−52) −72
(−58) −80
(−62)
Source: http://www.infoplease.com/ipa/A0762182.html
Overall average(s)[edit]
[hide]Climate data for Contiguous US average[16]
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Year
Daily mean °F (°C)
30.8
(−0.7) 34.7
(1.5) 42.6
(5.9) 52.0
(11.1) 61.0
(16.1) 69.3
(20.7) 74.3
(23.5) 72.8
(22.7) 65.4
(18.6) 54.8
(12.7) 42.5
(5.8) 33.4
(0.8) 52.8
(11.6)
Average precipitation inches (mm)
2.201
(55.9) 2.012
(51.1) 2.402
(61.0) 2.441
(62.0) 2.882
(73.2) 2.909
(73.9) 2.772
(70.4) 2.61
(66.3) 2.492
(63.3) 2.161
(54.9) 2.122
(53.9) 2.26
(57.4) 29.228
(742.4)
Source: NOAA (US)[17]
Natural disasters and effects[edit]
A powerful tornado in Texas.
The Great Plains, the Midwest and the southern United States - because of contrasting air masses - have frequent severe thunderstorms and tornado outbreaks during spring and summer. In central portions of the US, tornadoes are more common than anywhere else on Earth[18] and touch down most commonly in the spring and summer. The strip of land from north Texas north to Nebraska and east into Southern Michigan is known as Tornado Alley, where many houses have tornado shelters and many towns have tornado sirens. Stretching across Mississippi and Alabama, Dixie Alley has experienced tornadoes and violent thunderstorms, with peak tornado season coming on as early as February and waning by May. Florida also reports many tornadoes but these are rarely very strong. The southern US has a second tornado season during the Fall. In general, the area at greatest risk for tornadoes migrates northward from February to June, peaking in the Gulf States in February and March, the Ohio Valley and lower Midwest in April, southern and central Plains and central Midwest in May, and Northern Plains and upper Midwest (Dakotas, Minnesota and Wisconsin) in June.
The Appalachian region and the Midwest experience the worst floods. Widespread severe flooding is rare. Some exceptions include the Great Mississippi Flood of 1927, the Great Flood of 1993, and widespread flooding and mudslides caused by the 1982–83 El Niño event in the western United States. Localized flooding can, however, occur anywhere, and mudslides from heavy rain can cause problems in any mountainous area, particularly the Southwest. The narrow canyons of many mountain areas in the west and severe thunderstorm activity during the monsoon season in summer leads to sometimes devastating flash floods as well, while Nor'easter snowstorms can bring activity to a halt in the New England and Great Lakes regions.
In 2013, the US sustains $10 billion annually in damage from floods.[19]
The Southwest has the worst droughts; one is thought to have lasted over 500 years and to have decimated the Anasazi people.[20] Large stretches of desert shrub in the west can fuel the spread of wildfires. Although severe drought is rare, it has occasionally caused major problems, such as during the Dust Bowl (1931–1942), which coincided with the Great Depression. Farmland failed throughout the Plains, entire regions were virtually depopulated, and dust storms ravaged the land. More recently, the western US experienced widespread drought from 1999 to 2004.
In terms of deaths from heatwaves, 7,415 losses occurred from 1999 to 2010, a mean of 618 per year. A disproportionate number of men, a full 68% of deaths, versus women have been affected. The highest yearly total of heat-related deaths in that period was 1999 while the lowest was 2004.[21] In terms of deaths from waves of cold temperatures, the same gender inequality exists (66% of hypothermia-related deaths in 2002 were of males). From 1979 2002, 16,555 deaths occurred due to exposure to excessive cold temperatures, a mean of 689 per year.[22]
See also[edit]
United States portal
Climate change in the United States
Geography of the United States
United States tropical cyclone rainfall climatology
List of wettest tropical cyclones in the United States
Meteorology
References[edit]
Jump up ^ Norman W. Junker. West Coast Cold Season Heavy Rainfall Events. Retrieved on 2008-03-01.
Jump up ^ Thomas W. Schmidlin. Climatic Summary of Snowfall and Snow Depth in the Ohio Snowbelt at Chardron. Retrieved on 2008-03-01.
Jump up ^ Martin A. Baxter, Charles E. Graves, and James T. Moore. A Climatology of Snow-to-Liquid Ratio for the Contiguous United States. Retrieved on 2008-03-21.
Jump up ^ John Monteverdi and Jan Null. WESTERN REGION TECHNICAL ATTACHMENT NO. 97-37 NOVEMBER 21, 1997: El Niño and California Precipitation. Retrieved on 2008-02-28.
Jump up ^ Nathan Mantua. La Niña Impacts in the Pacific Northwest. Archived October 22, 2007, at the Wayback Machine. Retrieved on 2008-02-29.
Jump up ^ Southeast Climate Consortium. SECC Winter Climate Outlook. Archived March 4, 2008, at the Wayback Machine. Retrieved on 2008-02-29.
Jump up ^ Reuters. La Nina could mean dry summer in Midwest and Plains. Retrieved on 2008-02-29.
Jump up ^ National Weather Service Forecast Office Flagstaff, Arizona. The Monsoon. Retrieved on 2008-02-28.
Jump up ^ Roth, David M; Weather Prediction Center (January 7, 2013). "Maximum Rainfall caused by Tropical Cyclones and their Remnants Per State (1950–2012)". Tropical Cyclone Point Maxima. United States National Oceanic and Atmospheric Administration's National Weather Service. Retrieved March 15, 2013.
Jump up ^ Walker S. Ashley, Thomas L. Mote, P. Grady Dixon, Sharon L. Trotter, Emily J. Powell, Joshua D. Durkee, and Andrew J. Grundstein. Distribution of Mesoscale Convective Complex Rainfall in the United States. Retrieved on 2008-03-02.
Jump up ^ Williams, Jack Each state's low temperature record, USA Today, URL accessed 13 June 2006.
Jump up ^ "World: Highest Temperature". World Weather / Climate Extremes Archive. Arizona State University. 2012. Archived from the original on January 4, 2013. Retrieved January 15, 2013.
Jump up ^ National Atlas. Average Annual Precipitation, 1961-1990. Archived September 28, 2006, at the Wayback Machine. Retrieved on 2006-06-15.
Jump up ^ Diana Leone. Rain supreme. Retrieved on 2008-03-19.
Jump up ^ Hereford, Richard, et al., Precipitation History of the Mojave Desert Region, 1893–2001, US Geological Survey, Fact Sheet 117-03, URL accessed 13 June 2006.
Jump up ^ "USGS TNM 2.0 Viewer". Viewer.nationalmap.gov. Retrieved 2016-04-24.
Jump up ^ "CONTIGUOUS UNITED STATES Climate Summary".
Jump up ^ NOVA, Tornado Heaven, Hunt for the Supertwister, URL accessed 15 June 2006.
Jump up ^ Baird, Joel Banner (August 4, 2013). "Stream-gage insight at risk from budget cuts". The Burlington Free Press. Burlington, Vermont. pp. 3C.
Jump up ^ O'Connor, Jim E. and John E. Costa, Large Floods in the United States: Where They Happen and Why, US Geological Survey Circular 1245, URL accessed 13 June 2006.
Jump up ^ QuickStats: Number of Heat-Related Deaths,* by Sex — National Vital Statistics System, United States,† 1999–2010§. Cdc.gov (2012-09-14). Retrieved on 2013-07-29.
Jump up ^ Hypothermia-Related Deaths - United States, 2003-2004. Cdc.gov. Retrieved on 2013-07-29.
External links[edit]
National Weather Service
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National Firearms Act
From Wikipedia, the free encyclopedia
Jump to: navigation, search
National Firearms Act
Long title
An Act to provide for the taxation of manufacturers, importers, and dealers in certain firearms and machine guns, to tax the sale or other disposal of such weapons, and to restrict importation and regulate interstate transportation thereof.
Acronyms (colloquial)
NFA
Nicknames
National Firearms Act of 1934
Enacted by
the 73rd United States Congress
Effective
June 26, 1934
Citations
Public law
73-474
Statutes at Large
48 Stat. 1236
Codification
Titles amended
26 U.S.C.: Internal Revenue Code
U.S.C. sections created
I.R.C. ch. 53 § 5801 et seq.
Legislative history
Introduced in the House as H.R. 9741 by Robert L. Doughton (D–NC) on May 28, 1934
Committee consideration by House Ways and Means, Senate Finance
Passed the House on June 13, 1934 (Passed)
Passed the Senate on June 18, 1934 (Passed)
Signed into law by President Franklin D. Roosevelt on June 26, 1934
Firearm legal topics of the
United States of America
Amendment II
Assault weapon
Assault weapons legislation
Bump stocks
Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF)
Brady Handgun Violence Prevention Act
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Federal Assault Weapons Ban
Federal Firearms Act of 1938
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Gun Control Act of 1968
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v
t
e
The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, 48 Stat. 1236, enacted on June 26, 1934, currently codified as amended as I.R.C. ch. 53, is an Act of Congress in the United States that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The Act was passed shortly after the repeal of Prohibition. The NFA is also referred to as Title II of the Federal firearms laws. The Gun Control Act of 1968 ("GCA") is Title I.
All transfers of ownership of registered NFA firearms must be done through the federal NFA registry. The NFA also requires that permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Temporary transport of some items, most notably suppressors, do not need to be reported.
Contents
[hide]
1 Background
2 Categories of firearms regulated
2.1 Any other weapon (AOW)
2.2 Parts associated with NFA items
3 Registration, purchases, taxes and transfers
4 Criminal conduct
5 Criminal penalties
6 Exceptions
7 The market for NFA items
8 NFA trust
9 Miller case
9.1 Uncertainty after Miller and after passage of Montana House Bill 246
10 See also
11 Notes
12 External links
Background[edit]
The impetus for the National Firearms Act of 1934 was the gangland crime of the Prohibition era, such as the St. Valentine’s Day Massacre of 1929, and the attempted assassination of President Franklin D. Roosevelt in 1933.[1][2]:824[3][4] Like the current National Firearms Act (NFA), the 1934 Act required NFA firearms to be registered and taxed. The $200 tax was quite prohibitive at the time (equivalent to $3,581 in 2016). With a few exceptions, the tax amount is unchanged.[3][4]
Originally, pistols and revolvers were to be regulated as strictly as machine guns; towards that end, cutting down a rifle or shotgun to circumvent the handgun restrictions by making a concealable weapon was taxed as strictly as a machine gun.[5]
Conventional pistols and revolvers were ultimately excluded from the Act before passage, but other concealable weapons were not.[5] Regarding the definition of "firearm," the language of the statute as originally enacted was as follows:
The term "firearm" means a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition.[6]
Under the original Act, NFA weapons were machine guns, short-barreled rifles (SBR), short-barreled shotguns (SBS), any other weapons (AOW or concealable weapons other than pistols or revolvers), and silencers for any type of NFA or non-NFA. Minimum barrel length was soon amended to 16 inches for rimfire rifles and by 1960 had been amended to 16 inches for centerfire rifles as well.[7]
The United States Supreme Court, in 1968 decided the case of Haynes v. United States in favor of the defendant, which effectively gutted the National Act of 1934. As one could possess an NFA firearm and choose not to register it, and not face prosecution due to Fifth Amendment protections, the Act was unenforceable. To deal with this, Congress rewrote the Act to make registration of existing weapons impossible except by the government (previously, an existing firearm could be registered by any citizen). In addition to fixing the defect identified in Haynes, the revision tightened definitions of the firearms regulated by the Act, as well as incorporating a new category of firearm, the Destructive Device, which was first regulated in the Omnibus Crime Control and Safe Streets Act of 1968.
NFA categories have been modified by laws passed by Congress, rulings by the Department of the Treasury and regulations promulgated by the enforcement agency assigned to known as the Bureau of Alcohol, Tobacco, Firearms and Explosives or ATF.
Categories of firearms regulated[edit]
Main article: Title II weapons
The National Firearms Act of 1934 (NFA) defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following:
Machine guns
This includes any firearm which can fire more than 1 cartridge per trigger pull. Both continuous fully automatic fire and "burst fire" (e.g., firearms with a 3-round burst feature) are considered machine gun features. The weapon's receiver is by itself considered to be a regulated firearm. A non-machinegun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be "readily convertible", and classed as a machine gun, such as a KG-9 pistol (pre-ban ones are "grandfathered").
Short-barreled rifles (SBRs)
This category includes any firearm with a buttstock and either a rifled barrel less than 16" long or an overall length under 26". The overall length is measured with any folding or collapsing stocks in the extended position. The category also includes firearms which came from the factory with a buttstock that was later removed by a third party.
Short barreled shotguns (SBSs)
This category is defined similarly to SBRs, but with either a smoothbore barrel less than 18" long or a minimum overall length under 26".
Silencers
This includes any portable device designed to muffle or disguise the report of a portable firearm. This category does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor.
Destructive Devices (DDs)
There are two broad classes of destructive devices:
Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc.
Any firearm with a bore over 0.50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes. (Many firearms with bores over 0.50" inch, such as 10-gauge or 12-gauge shotguns, are exempted from the law because they have been determined to have a "legitimate sporting use".)
Any other weapon (AOW)[edit]
Firearms meeting the definition of "any other weapon" or AOW are weapons or devices capable of being concealed on the person from which a shot can be discharged through the energy of an explosive. Many AOWs are disguised devices such as pens, cigarette lighters, knives, cane guns and umbrella guns. AOWs can be pistols and revolvers having smooth bore barrels (e.g., H&R Handy-Gun, Serbu Super-Shorty) designed or redesigned to fire a fixed shotgun shell. While the above weapons are similar in appearance to weapons made from shotguns, they were originally manufactured in the illustrated configuration and are not modified from existing shotguns. As a result, these weapons do not fit within the definition of shotgun or weapons made from a shotgun.[citation needed]
The AOW definition includes specifically described weapons with combination shotgun and rifle barrels 12 inches or more but less than 18 inches in length from which only a single discharge can be made from either barrel without manual reloading.
The ATF Firearms Technology Branch has issued opinions that when a pistol (such as an AR-type pistol) under 26" in overall length is fitted with a vertical fore-grip, it is no longer "designed, made and intended to fire ... when held in one hand," and therefore no longer meets the definition of a pistol. Such a firearm then falls only within the definition of "any other weapon" under the NFA.[8]
In 1938 Congress recognized that the Marble Game Getter, a short .22/.410 sporting firearm, had "legitimate use" and did not deserve the stigma of a "gangster weapon" and reduced the $200 tax to one dollar for the Game Getter. In 1960 Congress changed the transfer tax for all AOW category firearms to $5. The transfer tax for machine guns, silencers, SBR and SBS remained at $200.[9]
Parts associated with NFA items[edit]
In general, certain components that make up an NFA item are considered regulated. For example, the components of a silencer are considered as "silencers" by themselves and the replacement parts are regulated. However, the repair of original parts without replacement can be done by the original manufacturer, FFL gunsmith, or by registered owner without being subjected to new registration as long as the serial number and the dimension (caliber) are maintained.[10] The length may be reduced in repair, but cannot be increased. Increasing the length is considered as making a new silencer. "Suppressor" is the term used within the trade/industry literature while the term "silencer" is the commonly used term that appears in the actual wording of the NFA. The terms are often used interchangeably depending on the source quoted.
Silencers and machine guns are the most heavily regulated. For example, in Ruling 81-4, ATF declared that any AR-15 Drop-in Auto-Sear (DIAS) made after November 1, 1981 is itself a machine gun, and is therefore subject to regulation.[11] While this might seem to mean that pre-1981 sears are legal to possess without registration, ATF closes this loophole in other publications, stating, "Regardless of the date of manufacture of a drop in auto sear, possession of such a sear and certain M-16 fire control parts is possession of a machinegun as defined by the NFA. Specifically, these parts are listed as "(a) combination(s) of parts" designed "Solely and exclusively" for use in converting a weapon into a machinegun and are a machinegun as defined in the NFA." ATF machinegun technology letters written between 1980 and 1996 by Edward M. Owen – the then-chief of the ATF technology division defined "solely and exclusively" in all of his published and unpublished machinegun rulings with specific non-ambiguous language.[12]
Owning the parts needed to assemble other NFA firearms is generally restricted. One individual cannot own or manufacture certain machine gun sear (fire-control) components unless he owns a registered machine gun. The M2 carbine trigger pack is such an example of a "combination of parts" that is a machine gun in and of itself. Most of these have been registered as they were pulled from stores of surplus rifles in the early 1960s. In some special cases, exceptions have been determined to these by ATF. A string or shoelace that could be looped around the cocking handle of a semiautomatic firearm and then behind and in front of the trigger in such a way as to allow the firearm to be fired automatically is no longer considered a machinegun unless it is attached in this manner.[13]
Most current fully automatic trigger groups will not fit their semi-automatic firearm look-alike counterparts – the semi-automatic version is specifically constructed to reject the fully automatic trigger group by adding metal in critical places. This addition is required by ATF to prevent easy conversion of Title I firearms into machine guns.
For civilian possession, all machineguns must have been manufactured and registered with ATF prior to May 19, 1986 to be transferable between citizens.[14] These machine gun prices have drastically escalated in value, especially items like registered sears and conversion-kits. Only a Class-II manufacturer (a FFL holder licensed to manufacture firearms or Type-07 license that has paid a Special Occupational Tax Stamp or SOT) could manufacture machineguns after that date, and they can only be sold to government, law-enforcement, and military entities. Transfer can only be done to other SOT FFL-holders, and such FFL-holders must have a "demonstration letter" from a respective government agency to receive such machineguns.[15] Falsification and/or misuse of the "demo-letter" process can and has resulted in long jail sentences and felony convictions for violators.
Owning both a short barrel and a legal-length rifle could be construed as intent to build an illegal, unregistered SBR. This possibility was contested and won in the U.S. Supreme Court case of United States v. Thompson-Center Arms Company. ATF lost the case, and was unable to prove that possession of a short barrel for the specific pistol configuration of a Thompson Contender is illegal. ATF later released ruling 2011-4[16] to clarify the legal status of owning such conversion kits.[17]
Removal of a weapon from classification as an NFA firearm, such as the reclassification of the original Broomhandle Mauser with shoulder stock from "short barrel rifle" (SBR) to a curio or relic handgun, changed its status as a Title II NFA firearm but did not change its status as a Title I Gun Control Act firearm.[18]
Muzzle-loading firearms are exempt from the Act (as they are defined as 'antique firearms' and are not considered 'Firearms' under either the GCA or the NFA). Thus, though common muzzle-loading hunting rifles are available in calibers over 0.50", they are not regulated as destructive devices. Muzzle-loading cannons are similarly exempt since the law draws no distinction between the size of the muzzle-loading weapons; thus it is legal for a civilian to build muzzle-loading rifles, pistols, cannon and mortars with no paperwork, however, ammunition for these weapons can still be classified as destructive devices themselves, such as explosive shells. While an 'antique firearm' is not considered a 'firearm' under the NFA, some states (such as Oregon) have laws that specifically prohibit anyone from owning/obtaining an 'antique firearm' that could not otherwise own/obtain an GCA or NFA defined 'firearm' (i.e., felons, recipients of dishonorable discharge from military service, the mentally adjudicated, etc.).[19]
Individuals or companies seeking to market large-bore firearms may apply to ATF for a "sporting clause exception". If granted, ATF acknowledges that the firearm has a legitimate sporting use and is therefore not a destructive device. Certain large safari rifle calibers, such as .585 Nyati and .577 Tyrannosaur, have such exceptions.
The phrase "all NFA rules apply" is commonplace. This disclaimer is usually posted in bold print from firearm dealers holding an FFL license.
Registration, purchases, taxes and transfers[edit]
It is a common misconception[20] that an individual must have a "Class 3 " in order to own NFA. An FFL is required as a prerequisite to become a Special Occupation Taxpayer (SOT): Class 1 importer, Class 2 manufacturer-dealer or Class 3 dealer in NFA, not an individual owner. There are generally three ways to own a NFA weapon: as an individual, through a gun trust, or as a Limited Liability Company (LLC). Legal possession of an NFA firearm by an individual requires transfer of registration within the NFA registry. An individual owner does not need to be an NFA dealer to buy Title II. The sale and purchase of NFA is, however, taxed and regulated, as follows:
All NFA items must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Private owners wishing to purchase an NFA item must obtain approval from the ATF, pass an extensive background check to include submitting a photograph and fingerprints, fully register the firearm, receive ATF written permission before moving the firearm across state lines, and pay a tax.[21] The request to transfer ownership of an NFA item is made on an ATF Form 4.[22] There have been several unfavorable lawsuits where plaintiffs have been denied NFA approval for a transfer. These lawsuit include: Lomont v. O'Neill,[23] Westfall v. Miller,[24] and Steele v. National Branch.[25]
NFA items may also be transferred to corporations (or other legal entities such as a trust). When the paperwork to request transfer of an NFA item is initiated by an officer of a corporation, fingerprint cards and photographs of the official need to be submitted with the transfer request. This method has downsides, since it is the corporation (and not the principal) that owns the firearm. Thus, if the corporation ever dissolves, it must transfer its NFA to the owners. This event would be considered a new transfer and would be subject to a new transfer tax.[26]
US National Act Stamp, affixed to transfer forms to indicate tax paid.
The tax for privately manufacturing any NFA firearm (other than machineguns, which are illegal for individuals to manufacture) is $200. Transferring requires a $200 tax for all NFA except AOW's, for which the transfer tax is $5 (although the manufacturing tax remains $200).[26]
All NFA weapons made by individuals must be legal in the State or municipality where the individual lives. The payment of a $200 "making tax" prior to manufacture of the weapon, although a subsequent transfer of AOWs after they are legally "made" is only $5. Only a Class-II manufacturer (a FFL holder licensed as a "Manufacture of Firearms" or Type-07 license that has paid a Special Occupational Tax Stamp or SOT) can manufacture NFA firearms (other than destructive devices) tax free, but they pay a larger annual tax which ranges from $500 to $1000 to cover manufacturing.[27]
A Destructive Device manufacturing license or Type-10 FFL holder can manufacture destructive devices making-tax free. However a type-07 license costs $150 for three years –– whereas a Type-10 destructive manufacturing license costs $3000 for three years. Both licenses still require the payment of the $500 (reduced-rate) Special Occupational Tax Stamp or SOT, (or the $1000 full tax) per year to conduct manufacturing of NFA weapons that they are respectively qualified to manufacturer. The SOT "reduced rate" applies to a business whose sales are less than $500,000 per year.[28]
Transferable machine guns made or registered before May 19, 1986 are worth far more than their original, pre-1986 value and items like registered "auto-sears," "lightning-links," trigger-packs, trunnions, and other "combination of parts" registered as machineguns before the aforementioned date are often worth nearly as much as a full registered machine gun. For instance, as of September 2008, a transferable M16 rifle costs approximately $11,000 to $18,000, while a transferable "lightning-link" for the AR-15 can sell for $8,000 to $10,000. New manufacture M-16s sell to law enforcement and the military for around $600 to $1000.
Upon the request of any ATF agent or investigator, or the Attorney General, the registered owner must provide proof of registration of the firearm.[29]
In a number of situations, an NFA item may be transferred without a transfer tax. These include sales to government agencies, temporary transfers of an NFA firearm to a gunsmith for repairs, and transfer of an NFA firearm to a lawful heir after the death of its owner. A permanent transfer, even if tax-free, must be approved by ATF. The proper form should be submitted to ATF before the transfer occurs. For example, lawful heirs must submit a Form 5 and wait for approval before taking possession of any NFA item willed to them. Temporary transfers, such as those to a gunsmith or to the original manufacturer for repair, are not subject to ATF approval since they are not legally considered transfers. ATF does, however, recommend filing tax-free transfer paperwork on all such temporary transfers, to confer an extra layer of legal protection on both the owner and the gunsmith.[26]
Criminal conduct[edit]
The Act makes certain conduct a criminal offense, in relation to engaging in business as a manufacturer, importer, or dealer with respect to (NFA) firearms without having registered or paid a Special Occupational Tax (SOT); receiving or possessing a firearm transferred to oneself in violation of the NFA; receiving or possessing a firearm made in violation of the NFA; receiving or possessing a firearm not registered to oneself in the National Firearms Registration and Transfer Record; transferring or making a firearm in violation of the NFA; or obliterating, removing, changing, or altering the serial number of the firearm.[30]
Criminal penalties[edit]
Violations of the Act are punishable by up to 10 years in federal prison and forfeiture of all devices or firearms in violation, and the individual's right to own or possess firearms in the future. The Act provides for a penalty of $10,000 for certain violations.[31] A willful attempt to evade or defeat a tax imposed by the Act is a felony punishable by up to five years in prison and a $100,000 fine ($500,000 in the case of a corporation or trust), under the general tax evasion statute.[32] For an individual, the felony fine of $100,000 for tax evasion could be increased to $250,000.[33]
Exceptions[edit]
The United States Supreme Court has ruled in Haynes v. United States that the Fifth Amendment to the United States Constitution exempts felons—and, by extrapolation, all other prohibited possessors—from the registration requirements of the Act. The prohibited person who violates the possession prohibition can, however, be convicted under the Gun Control Act of 1968 for being a prohibited person in possession of a (any) firearm.
The Atomic Energy Act of 1954 was amended in 2005 and includes a provision (42 U.S.C. § 2201a) to allow Nuclear Regulatory Commission (NRC) licensees and authorized contractors to possess machine guns for the purpose of providing security.[34][35]
The market for NFA items[edit]
Importation of NFA firearms was banned by the 1968 Gun Control Act which implemented a "sporting" clause. Only firearms judged by ATF to have feasible sporting applications can be imported for civilian use. Licensed manufacturers of NFA firearms may still, with the proper paperwork, import foreign NFA firearms for research and development purposes, or for government use.
The domestic manufacture of new machine guns that civilians could purchase was effectively banned by language in the Firearm Owners Protection Act of 1986 (also known as "McClure-Volkmer"). The language was added in an amendment from William J. Hughes and referred to as the Hughes Amendment.[36] Machine guns legally registered prior to the date of enactment (i.e. May 1986) are still legal for possession by and transfer among civilians where permitted by state law. The static and relatively small number of transferable machine guns has caused their price to rise, often over $10,000, although transferable Mac-10 and Mac-11 submachine guns can still be purchased for around $5,500.[citation needed] Machine guns manufactured after the FOPA's enactment can be sold only to law enforcement and government agencies, exported, or held as inventory or "dealer samples" by licensed manufacturers and dealers. Machine guns made after 1986 for law enforcement but not transferable to civilian registration are usually priced only a few hundred dollars more than their semi-automatic counterparts, whereas a pre-Hughes Amendment registered machine gun that can be legally transferred commands a huge premium.
The Hughes Amendment affected only machine guns. All other NFA firearms are still legal for manufacture and registration by civilians under Form 1, and transfer of registration to civilians under Form 4 (though some states have their own laws governing which NFA firearms are legal to own there). Silencers and Short Barreled Rifles are generally the most popular NFA firearms among civilians, followed by Short Barrel Shotguns, Destructive Devices, and "Any Other Weapons". While most NFA firearms are bought from manufacturers and transferred to civilians through a dealer, many are made by the civilians themselves after filing a Form 1 and paying the $200 manufacturing tax. In some cases the manufacture is simple (i.e., using a pipe cutter to shorten a shotgun barrel), and sometimes quite complex.
NFA trust[edit]
A NFA trust (also known as a gun trust, Title II trust, ATF trust, or Class 3 trust) is a legal trust that is used in the United States to register and own NFA firearms. Under regulations, use of a trust allows prospective purchasers of NFA items to avoid some of the federal transfer requirements that would otherwise be imposed on an individual.[37] Like other trusts, it allows for estate planning in inheriting firearms. In 2013, ATF proposed new rules,[38] often referred to as ATF Proposed Rule 41p, which, if adopted, would require all "responsible persons" of an entity being used to purchase NFA items to comply with the same procedures as individuals in obtaining NFA items. In an NFA trust, a responsible person is defined as "any grantor, trustee, beneficiary, ... who possesses, directly or indirectly, the power or authority under any trust instrument, ... to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the entity."[38] ATF finalized the rule on January 15, 2016, to become effective 180 days later. The previous requirement for "chief law enforcement officer" approval was eliminated, while all responsible people for a trust must now comply with the same restrictions as individual owners.[39][40][41]
Miller case[edit]
In 1938, the United States District Court for the Western District of Arkansas ruled the statute unconstitutional in United States v. Miller. The defendant Miller had been arrested for possession of an unregistered short double-barreled shotgun, and for "unlawfully...transporting [it] in interstate commerce from Claremore, Oklahoma to Siloam Springs, Arkansas" which perfected the crime.[42] The government's argument was that the short barreled shotgun was not a military-type weapon and thus not a "militia" weapon protected by the Second Amendment, from federal infringement. The District Court agreed with Miller's argument that the shotgun was legal under the Second Amendment.
The District Court ruling was overturned on a direct appeal to the United States Supreme Court (see United States v. Miller). No brief was filed on behalf of the defendants, and the defendants themselves did not appear before the Supreme Court. Miller himself had been murdered one month prior to the Supreme Court's decision. No evidence that such a firearm was "ordinary military equipment" had been presented at the trial court (apparently because the case had been thrown out—at the defendants' request—before evidence could be presented), although two Supreme Court justices at the time had been United States Army officers during World War I and may have had personal knowledge of the use of such weapons in combat. The Supreme Court indicated it could not take judicial notice of such a contention.
The Supreme Court reversed the District Court and held that the NFA provision (criminalizing possession of certain firearms) was not violative of the Second Amendment's restriction and therefore was not unconstitutional.
Subsequent rulings have been allowed to stand, indicating that short-barreled shotguns are generally recognized as ordinary military equipment if briefs are filed (e.g., see: Cases v. United States),[43] describing use of short-barreled shotguns in specialized military units.
Uncertainty after Miller and after passage of Montana House Bill 246[edit]
The scope of the application of the Act to privately constructed firearms or devices is uncertain. Such items would normally be regulated under the Act's provisions, but are intended for private ownership only and not for sale. As the Act's application is derived from the federal legislature's Constitutionally enumerated power of regulation over interstate commerce, it is unclear how privately constructed firearms or devices built solely for personal possession (i.e., not intended to be delivered into the stream of interstate commerce) are affected by the Act. It would seem they are regulated under the Supreme Court's interpretation of Wickard v. Filburn[44] which establishes that even activities that occur solely intrastate could have such a substantial effect upon interstate commerce that failure to regulate such commerce would defeat Congress's power to regulate interstate commerce.[citation needed]
In the landmark 1995 case of United States v. Lopez, the first decision in six decades to invalidate a federal statute on the grounds that it exceeded the power of the United States Congress under the Commerce Clause of the United States Constitution, the Supreme Court described Wickard v. Filburn as "perhaps the most far reaching example of Commerce Clause authority over intrastate commerce". The Supreme Court majority that decided the 2005 case Gonzales v. Raich relied heavily on Filburn in upholding the power of the federal government to prosecute individuals who grow their own medicinal marijuana pursuant to state law. In Raich, the court held that, as with the home grown wheat at issue in Filburn, home grown marijuana is a legitimate subject of federal regulation because it competes with marijuana that moves in interstate commerce. As the Court explained in Gonzalez:
Wickard thus establishes that Congress can regulate purely intrastate activity that is not itself "commercial," in that it is not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity.
Montana House Bill 246, the Montana Firearms Freedom Act, was signed into law by Governor Brian Schweitzer on April 15, 2009, and became effective October 1, 2009. This legislation declares that certain firearms and firearms accessories manufactured, sold, and kept within the state of Montana are exempt from federal firearms laws, since they cannot be regulated as interstate commerce.[45][46] However, this law does not apply to a firearm that cannot be carried and used by one person, a firearm that has a bore diameter greater than 1 ½ inches and uses smokeless powder, ammunition that uses exploding projectiles or fully automatic firearms. While it is likely to face a court challenge (and specifically intended to provoke one[47]), this Montana law would put firearms accessories such as silencers actually made in Montana, marked "Made in Montana", and sold only to Montana citizens outside federal jurisdiction and not subject to the $200 federal transfer tax.
As of April 2013[update], similar laws had been enacted by Kansas, Tennessee, Wyoming, South Dakota, Utah, Arizona, Idaho and Alaska and introduced in most other states.[48]
See also[edit]
Firearm case law in the United States
Gun law in the United States
Gun politics in the United States
Uniform Firearms Act
Notes[edit]
Jump up ^ Spitzer, Robert J. (2011). "Gun Control: Constitutional Mandate or Myth?". In Tatalovich, Raymond; Daynes, Byron W. Moral Controversies in American Politics. M.E. Sharpe. pp. 161–195. ISBN 9780765627452.
Jump up ^ Weaver, Greg S. (2002). "Firearm Deaths, Gun Availability, and Legal Regulatory Changes: Suggestions from the Data". Journal of Criminal Law and Criminology. 92 (3): 823–842. Retrieved July 7, 2014.
^ Jump up to: a b "National Firearms Act Handbook". ATF.gov. Bureau of Alcohol, Tobacco, Firearms and Explosives. April 2009. |chapter= ignored (help)
^ Jump up to: a b "History of ATF from Oxford University Press". ATF.gov.
^ Jump up to: a b Carter, Gregg Lee (2002). Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law. ABC-CLIO. p. 545. ISBN 978-1-57607-268-4.
Jump up ^ Section 1(a), Public Law No. 474, Ch. 757, 48 Stat. 1236 (June 26, 1934).
Jump up ^ Appropriations, United States. Congress. House. Committee on Appropriations. Subcommittee on the Treasury, Postal Service, and General Government (1998). Treasury, Postal Service, and General Government Appropriations for Fiscal Year 1999: Hearings Before a Subcommittee of the Committee on Appropriations, House of Representatives, One Hundred Fifth Congress, Second Session. U.S. Government Printing Office. pp. 48–53.
Jump up ^ http://www.franklinarmory.com/XO-26_Letter__c_.pdf
Jump up ^ Wilson, R. L. (1 November 1997). "U.S. Smoothbore Pistols Designed to Fire Shotgun Shells". In Eric M. Larson. Official R. L. Wilson Price Guide to Gun Collecting. New York: House of Collectibles. pp. 68–71. ISBN 978-0-676-60122-0.
Jump up ^ "Frequently Asked Questions: Silencer". ATF.gov. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jump up ^ "Nos. 97-3748, 97-3749. - UNITED STATES v. CASH - US 7th Circuit". Caselaw.lp.findlaw.com. Retrieved 2012-05-22.
Jump up ^ Sweeney, Patrick (15 July 2013). Glock Deconstructed. Iola, Wisconsin: Gun Digest Books. pp. 194–195. ISBN 978-1-4402-3284-8.
Jump up ^ [1] Archived September 23, 2009, at the Wayback Machine.
Jump up ^ Kleck, Gary. Targeting Guns: Firearms and Their Control. Transaction Publishers. p. 108. ISBN 978-0-202-36941-9.
Jump up ^ "NFA "Law Letter" Requirement". atf. 1999.
Jump up ^ "ATF Ruling 2011-4" (PDF).
Jump up ^ "ATF Rul. 2011-4" (PDF). July 25, 2011. Retrieved 2011-10-26.
Jump up ^ Magaw, John W. (1 April 1996). Federal Firearms Regulations Reference Guide. DIANE Publishing. p. 111. ISBN 978-0-7881-2821-9.
Jump up ^ Flayderman, Norm (17 December 2007). Flayderman's Guide to Antique American Firearms and Their Values. Iola, Wisconsin: F+W Media, Inc. p. 26. ISBN 0-89689-455-X.
Jump up ^ Frequently Asked Questions: Section M. – National Act (NFA). Archived April 11, 2012, at the Wayback Machine.
Jump up ^ "Home » Chief Law Enforcement Officer Required Sign Law Enforcement Certification Atf Form 1 Or Atf Is the chief law enforcement officer required to sign the law enforcement certification on ATF Form 1 or ATF Form 4?". atf. 2013.
Jump up ^ "ATF Form 4" (PDF). Retrieved 2012-05-22.
Jump up ^ U.S. Court of Appeals for the Ninth Circuit (2002).
Jump up ^ 77 F.3d 868 (5th Cir. 1996).
Jump up ^ 755 F.2d 1410 (11th Cir. 1985).
^ Jump up to: a b c "National Firearms Act (NFA) — Firearms". atf. 2013.
Jump up ^ "When must firearms special (occupational) taxes be paid and how much are the taxes?". atf. 1999.
Jump up ^ "ATF Form 5300.11 Questions (Updated July 31, 2013)". atf. 2013.
Jump up ^ "Record Keeping" (PDF). Retrieved 2011-10-26.
Jump up ^ 26 U.S.C. § 5861.
Jump up ^ 26 U.S.C. § 5871
Jump up ^ 26 U.S.C. § 7201.
Jump up ^ See 18 U.S.C. § 3571(b)(3).
Jump up ^ "Open Letter to All Federally Licensed Dealers, Importers, and Manufacturers of Firearms and Ammunition". Bureau of Alcohol, Tobacco, Firearms, and Explosives. 2006-01-30. Retrieved 2011-10-26.
Jump up ^ "42 U.S.C. § 2201a : US Code – Section 2201A: Use of firearms by security personnel". Retrieved 2011-10-26.
Jump up ^ Gun Law News – Firearm Owners Protection Act of 1986, retrieved 2007-09-14
Jump up ^ Goode, Erika (2013-02-26). "Trusts Offer a Legal Loophole for Buying Restricted Guns". New York Times.
^ Jump up to: a b "Bureau of Alcohol, Tobacco, Firearms & Explosives" (PDF). September 9, 2013.
Jump up ^ Zuwerink, Adam (2016-02-01). "How the DOJ's New Regulatory Framework for Gun Trusts Managed to Strike a Reasonable Balance". JD Supra.
Jump up ^ "View Rule". www.reginfo.gov. Retrieved 2015-12-17.
Jump up ^ Smith, David & Chalabi, Mona (2016-01-06). "Little-known gun trust loophole facing closure by Obama executive action". The Guardian. Manchester, England.
Jump up ^ Miller, at p. 175.
Jump up ^ 131 F.2d 916, 922 (1st Cir. 1942).
Jump up ^ 317 US 111 (1942)
Jump up ^ Deines, Kahrin. "New Gun Law Aimed at Asserting Sovereignty", Helena Independent Record, April 16, 2009.
Jump up ^ Text of House Bill 246, 2009 Montana Legislature.
Jump up ^ [2]
Jump up ^ "State By State". Firearms Freedom Act. 2012-01-12. Retrieved 2012-05-22.
External links[edit]
ATF's National Firearms Act Handbook
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