In response to reports on Vice President Joe Biden’s gun control plan, which could potentially force gun owners to register and pay significant taxes on any gun deemed to be an “assault-style” weapon, Johnny “Joey” Jones — a Marine vet who lost both of his legs above the knee and suffered severe damage to his right forearm and both wrists in 2010 when he served as an Explosive Ordnance Disposal (EOD/Bomb) technician in Afghanistan — told Biden to go ahead, as such a move would ensure the GOP takes back the House in 2022.
Jones tweeted, ”We aren’t required to register our semi automatic rifles or magazines. In order to impose such a tax he would first have to get gun registry legislation passed. Attempting to do so would ensure a Republican landslide in 2022 midterms. So… bring it on!”
We aren’t required to register our semi automatic rifles or magazines. In order to impose such a tax he would first have to get gun registry legislation passed. Attempting to do so would ensure a Republican landslide in 2022 midterms. So… bring it on! https://t.co/eGvkW3iTKh
— Joey Jones (@Johnny_Joey) November 24, 2020
On November 1, Biden tweeted, “It’s long past time we take action to end the scourge of gun violence in America. As president, I’ll ban assault weapons and high-capacity magazines, implement universal background checks, and enact other common-sense reforms to end our gun violence epidemic.”
It’s long past time we take action to end the scourge of gun violence in America.
As president, I’ll ban assault weapons and high-capacity magazines, implement universal background checks, and enact other common-sense reforms to end our gun violence epidemic.
— Joe Biden (@JoeBiden) November 1, 2020
The 1934 National Firearms Act, a version of which is still in effect today, imposes a $200 federal tax stamp mandate on “shotguns and rifles having barrels less than 18 inches in length, certain firearms described as ‘any other weapons,’ machine guns, and firearm mufflers and silencers,” the Bureau of Alcohol, Tobacco, Firearms and Explosives explains.
While the NFA was enacted by Congress as an exercise of its authority to tax, the NFA had an underlying purpose unrelated to revenue collection. As the legislative history of the law discloses, its underlying purpose was to curtail, if not prohibit, transactions in NFA firearms. Congress found these firearms to pose a significant crime problem because of their frequent use in crime, particularly the gangland crimes of that era such as the St. Valentine’s Day Massacre. The $200 making and transfer taxes on most NFA firearms were considered quite severe and adequate to carry out Congress’ purpose to discourage or eliminate transactions in these firearms. The $200 tax has not changed since 1934.
Biden has announced that he wants what he describes as “assault-type” weapons to fall under that law and wants to ban the manufacture and sale of “assault weapons and high-capacity magazines.” Biden’s campaign website states on the issue of gun safety:
- Ban the manufacture and sale of assault weapons and high-capacity magazines. Federal law prevents hunters from hunting migratory game birds with more than three shells in their shotgun. That means our federal law does more to protect ducks than children. It’s wrong. Joe Biden will enact legislation to once again ban assault weapons. This time, the bans will be designed based on lessons learned from the 1994 bans. For example, the ban on assault weapons will be designed to prevent manufacturers from circumventing the law by making minor changes that don’t limit the weapon’s lethality. While working to pass this legislation, Biden will also use his executive authority to ban the importation of assault weapons.
- Regulate possession of existing assault weapons under the National Firearms Act. Currently, the National Firearms Act requires individuals possessing machine-guns, silencers, and short-barreled rifles to undergo a background check and register those weapons with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Due to these requirements, such weapons are rarely used in crimes. As president, Biden will pursue legislation to regulate possession of existing assault weapons under the National Firearms Act.
The 1994 Federal Assault Weapons Ban law, which has expired but Biden wants to emulate, defines “high-capacity magazine” as anything over 10 rounds.
“If enacted, theoretically speaking, a gun owner who possesses an AR-15 and four high-capacity magazines would be required to submit their fingerprints and photograph, undergo an FBI background check, register the weapon and high-capacity magazines with the ATF, and pay the federal government $200 tax each for every weapon and magazines they claim. In total, that gun owner speaking would be paying $1000 in federal taxes for the AR-15 and the four magazines,” The Floridian Press reported in reference to Biden’s plan.
Mark Oliva, director of public affairs for the National Shooting Sports Foundation, told Floridian Press:
Biden is trying to push forth an agenda that is unconstitutional and unworkable. 20 million firearms, 20 million AR-style firearms, or these modern sporting rifles, that’s commonly owned and those commonly owned firearms are protected under the Heller decision. He can’t confiscate those. The Biden Administration is proposing to put every modern sporting rifle or AR- 15 style rifle under that system. … So you’re gonna flood the system with all these background checks that will cause enormous delays because it’s already delayed by nine months and then require everybody to pay tax on the rifles they own, because he reclassified them, and under that tax plan, he also includes possibly any magazine that’s over 10 rounds. So every magazine that is owned would have to pay an additional $200 in taxes per magazine, just so the owner can keep what one already owns.
“According to the Florida Department of Agriculture, the department is backed up with applications from months ago as the number of appointments, and applicants have doubled with the wait time being three times the normal wait time of around 50-55 days,” the Floridian Press noted.