Undetectable Firearms Act

The United States Undetectable Firearms Act of 1988 (18 U.S.C. § 922(p)) makes it illegal to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm that is not as detectable by walk-through metal detection as a security exemplar containing 3.7 oz of steel, or any firearm with major components that do not generate an accurate image before standard airport imaging technology.[1]

It was signed into law by President Ronald Reagan on November 10, 1988.[2]

Overview

The general effect of this legislation is a ban on the manufacture, possession and transfer of firearms with less than 3.7 oz of metal content. The bill also requires handguns to be in the traditional shape of a handgun. The Act excepts from its prohibitions the federal government and its agencies, and may offer a safe harbor for licensed manufactures testing to determine if their firearms meet the Act's criteria.

History

What became the Undetectable Firearms Act began as an attempt to ban handguns like the Glock 17 in the mid-1980s.[3] Pistols like the Glock had frames and grips made from lightweight polymer, and their novelty prompted public criticism that their relative lack of metal content meant they might be able to slip past airport metal detection and be suitable for use by terrorists.[3][4][5]

The National Rifle Association (NRA) was unwilling to consider a ban on handguns with less than 8 oz of steel, and what resulted was a compromise bill that banned guns with less than half the metal content of the Glock.[6][7] The NRA eventually agreed not to oppose the Undetectable Firearms Act of 1988 because it did not in fact affect any existing guns, and the gun control lobby was eager to promote it as one of the first successes of groups like Handgun Control, Inc (later the Brady Campaign).[7]

Introduced by William J. Hughes (D-NJ), the bill was submitted to and amended by the House Judiciary Committee. The bill was approved by the House on April 10, 1988, and integrated with Senate bill S2180. Perceived to satisfy the major lobbies on both sides of the gun issue, the Act passed overwhelmingly in October 1988.[7]

The original Act had a ten-year sunset clause, and expired on November 10, 1998. Congress renewed the law for five years in 1998 (Pub.L. 105–277, H.R. 4328, 112 Stat. 2681, enacted October 21, 1998), and it again expired.[8] In 2003, Congress re-authorized the ban for another ten years (Pub.L. 108–174, H.R. 3348, 117 Stat. 2481, enacted December 9, 2003).[9] In December 2013, Congressman Thomas Massie was the only congressman to vote against renewal of the act.[10] The law sunset on December 9, 2013. The renewal of the ban was signed into law by President Obama later that day.[11]

The Act was the first Congressional ban on a type of gun (real or otherwise), and set the stage for the 1994 Assault Weapons Ban.[7]

Criticism

The law's prospective ban was and is criticized for its politics being more significant than its effects.[7]

3D printing and renewal

Main article: 3D printed firearms

With the advent of projects like the Wiki Weapon, 3D printing technologies have been noted for their abilities to help create largely polymer and ceramic firearms.[12][13] Various groups of makers and tech enthusiasts have experimented with the technology in this capacity as well, leading to widespread speculation that traditional methods of gun control will become increasingly inoperable.[14]

Proposed renewals and expansions of the current Undetectable Firearms Act (H.R. 1474, S. 1149) include provisions to criminalize individual production of firearm receivers and magazines that do not include arbitrary amounts of metal, measures outside the scope of the original UFA and not extended to cover commercial manufacture.[15][16] These "modernization" proposals have been criticized as disingenuous attempts to suppress adoption of and experimentation with 3D printers in home gunsmithing.[17]

On December 3, 2013, the House passed the bill To extend the Undetectable Firearms Act of 1988 for 10 years (H.R. 3626; 113th Congress), which would extend the Undetectable Firearms Act for 10 years but would not expand its restrictions.[18][19] Senator Chuck Schumer announced that he would try to pass a rival bill in the Senate that would include additional restrictions on plastic guns and expand the law.[18]

See also

References

  1. ↑ http://www.govtrack.us/congress/bills/100/hr4445
  2. ↑ "H.R. 4445 - Major Congressional Actions". Library of Congress. Retrieved 3 February 2015.
  3. ↑ 3.0 3.1 Crooker, Constance (June 30, 2003). Gun Control and Gun Rights (Historical Guides to Controversial Issues in America). Greenwood. ISBN 0313321744.
  4. ↑ Anderson, Jack; Van Atta, Dale (Jan 15, 1986). "Qaddafi Buying Austrian Plastic Pistols". The Washington Post. Retrieved 14 November 2013.
  5. ↑ Feldman, Richard (October 1, 2007). Ricochet: Confessions of a Gun Lobbyist. John Wiley & Sons. ISBN 0471679283.
  6. ↑ Kopel, Dave (July 27, 2000). "The Cheney Glock-n-Spiel". National Review Online. Retrieved 14 November 2013.
  7. ↑ 7.0 7.1 7.2 7.3 7.4 Carter, Greg (May 4, 2012). Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law. ABC-CLIO. ISBN 0313386706.
  8. ↑ http://www.gpo.gov/fdsys/pkg/PLAW-105publ277/pdf/PLAW-105publ277.pdf
  9. ↑ http://www.govtrack.us/congress/bills/108/hr3348
  10. ↑ "Kentucky Congressman Thomas Massie Objects to Plastic Gun Ban". 89.3 WFPL.
  11. ↑ http://www.pcmag.com/article2/0,2817,2428186,00.asp
  12. ↑ http://arstechnica.com/gadgets/2013/05/the-first-entirely-3d-printed-handgun-is-here/
  13. ↑ http://defensedistributed.com/
  14. ↑ http://livestre.am/4gCcS
  15. ↑ H.R. 1474
  16. ↑ S. 1149
  17. ↑ "On Undetectable Firearms Act Renewal". blog.defdist.org. Defense Distributed. November 18, 2013. Retrieved 18 November 2013.
  18. ↑ 18.0 18.1 "House votes to renew ban on plastic firearms". Foxnews.com. 3 December 2013. Retrieved 5 December 2013.
  19. ↑ "H.R. 3626 - All Actions". United States Congress. Retrieved 5 December 2013.