Undetectable Firearms Act Explained

Shorttitle:Undetectable Firearms Act
Othershorttitles:Undetectable Firearms Act of 1988
Longtitle:An Act to amend title 18, United States Code, to prohibit certain firearms especially useful to terrorists.
Colloquialacronym:UFA, TFDA
Nickname:Terrorist Firearms Detection Act of 1988
Enacted By:100th
Effective Date:December 9, 1988
Public Law Url:https://www.gpo.gov/fdsys/pkg/STATUTE-102/pdf/STATUTE-102-Pg3816.pdf
Cite Public Law:100-649
Introducedin:House
Introducedby:William J. Hughes (D-NJ)
Introduceddate:April 21, 1988
Committees:House Judiciary, Senate Judiciary
Passedbody1:House
Passeddate1:May 10, 1988
Passedvote1:413-4
Passedbody2:Senate
Passeddate2:May 25, 1988
Passedvote2:Passed voice vote, in lieu of
Agreedbody3:House
Agreeddate3:October 20, 1988
Agreedvote3:Agreed unanimous consent
Agreedbody4:Senate
Agreeddate4:October 21, 1988
Agreedvote4:Agreed voice vote
Signedpresident:Ronald Reagan
Signeddate:November 10, 1988

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 (105 g) 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 (105 g) 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]

Initial proposals to ban handguns with less than 8 oz of steel were opposed by the National Rifle Association of America (NRA), and what resulted was a compromise that banned guns with less than half the metal content of the Glock.[6] [7] The NRA agreed not to oppose the Act because it did not affect any existing guns. Introduced by William J. Hughes (D-NJ), it passed overwhelmingly in October 1988.[7]

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] The Act set the stage for the 1994 Assault Weapons Ban.[7]

Renewals

See main article: An Act to extend the Undetectable Firearms Act of 1988 for 10 years.

The original Act had a ten-year sunset clause, and would have expired on November 10, 1998. Congress subsequently renewed it in 1998 for five years,[8] in 2003 for ten years,[9] in 2013 for another ten years,[10] [11] and in 2024 until March 8, 2031.

Proposals to extend the scope of the law at the 2013 renewal were unsuccessful. At that time, the NRA continued to support the law but opposed any extension of its scope.[12]

Application to 3D printing

See 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.[13] [14] 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.[15]

Proposed renewals and expansions of the current Undetectable Firearms Act include provisions to criminalize individual production of firearm receivers and magazines that is not detectable by a walk-through metal detector, measures outside the scope of the original UFA and not extended to cover commercial manufacture. The modernization proposals have been criticized as disingenuous attempts to suppress adoption of and experimentation with 3D printers in home gunsmithing.[16]

See also

Notes and References

  1. Web site: William Hughes . Undetectable Firearms Act of 1988 (1988; 100th Congress H.R. 4445) . GovTrack.us . 2016-02-27 . https://web.archive.org/web/20130826190443/http://www.govtrack.us/congress/bills/100/hr4445 . 2013-08-26 . live.
  2. Web site: H.R. 4445 - Major Congressional Actions. Library of Congress. 3 February 2015. 4 July 2016. https://web.archive.org/web/20160704193037/http://thomas.loc.gov/cgi-bin/bdquery/z?d100:H.R.4445:@@@R. dead.
  3. Book: Crooker, Constance . June 30, 2003 . Gun Control and Gun Rights (Historical Guides to Controversial Issues in America) . Greenwood . 0313321744 . registration .
  4. News: Jack . Anderson . Van Atta, Dale. Qaddafi Buying Austrian Plastic Pistols . The Washington Post . Jan 15, 1986 . 14 November 2013 . https://web.archive.org/web/20150610203030/http://www.ar15.com/forums/t_1_5/870102_.html . June 10, 2015 . live.
  5. Book: Feldman, Richard . October 1, 2007 . Ricochet: Confessions of a Gun Lobbyist . John Wiley & Sons . 978-0471679288 . registration .
  6. News: Dave . Kopel . The Cheney Glock-n-Spiel . National Review Online . July 27, 2000 . 14 November 2013 . https://web.archive.org/web/20131208060147/http://old.nationalreview.com/comment/comment072700a.html . 8 December 2013 . dead .
  7. Book: Carter, Greg . May 4, 2012 . Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law. ABC-CLIO . 978-0313386701 .
  8. Web site: Public Law 105–277 105th Congress. April 18, 2015. dead. https://web.archive.org/web/20150418004215/http://www.gpo.gov/fdsys/pkg/PLAW-105publ277/pdf/PLAW-105publ277.pdf. April 18, 2015.
  9. Web site: James Sensenbrenner Jr. . To reauthorize the ban on undetectable firearms. (2003; 108th Congress H.R. 3348) . GovTrack.us . 2016-02-27.
  10. Web site: Kentucky Congressman Thomas Massie Objects to Plastic Gun Ban. 89.3 WFPL. 4 December 2013. https://web.archive.org/web/20150206025633/http://wfpl.org/kentucky-congressman-thomas-massie-objects-plastic-gun-ban/. February 6, 2015. live.
  11. Web site: Albanesius . Chloe . Obama Signs Bill to Extend Ban on Plastic Guns | News & Opinion . PCMag.com . 2013-12-10 . 2016-02-27 . https://web.archive.org/web/20131212220252/https://www.pcmag.com/article2/0,2817,2428186,00.asp . December 12, 2013 . live.
  12. Web site: NRA Statement on the Reauthorization of the "Undetectable Firearms Act", HR 3626. National Rifle Association of America - Institute for Legislative Action. 5 December 2013. December 3, 2013. https://web.archive.org/web/20131206073038/http://nraila.org/news-issues/news-from-nra-ila/2013/12/nra-statement-on-the-reauthorization-of-the-undetectable-firearms-act-hr-3626.aspx. December 6, 2013. live.
  13. Web site: Hutchinson . Lee . The first entirely 3D-printed handgun is here . Ars Technica . 2013-05-03 . 2016-02-27 . https://web.archive.org/web/20130504022725/https://arstechnica.com/gadgets/2013/05/the-first-entirely-3d-printed-handgun-is-here/ . May 4, 2013 . live.
  14. Web site: Wiki Weapon - 3D Printable Gun - Defense Distributed. November 14, 2013. dead. https://web.archive.org/web/20130423212120/http://defensedistributed.com/. April 23, 2013.
  15. Web site: Livestream - Watch thousands of live events & live stream your events . November 14, 2013 .
  16. Web site: On Undetectable Firearms Act Renewal . November 18, 2013 . blog.defdist.org . Defense Distributed . 18 November 2013 . 11 December 2013 . https://web.archive.org/web/20131211200725/http://defdist.tumblr.com/post/67342994298/on-undetectable-firearms-act-renewal . dead .