The provision in current law states: The Secretary of the Treasury, after publication in the Federal Register of his intention to do so, is authorized to establish such periods of amnesty, not to exceed ninety days in the case of any single period, and immunity from liability during any such period, as the Secretary determines will contribute to the purposes of this title.NOTE: Effective January 24, 2003, the Bureau of Alcohol, Tobacco and Firearms (ATF) was transferred from the Department of the Treasury to the Department of Justice, and renamed the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE).Duties of the Secretary of the Treasury regarding ATF functions were transferred to the Attorney General.
This 21-page Memorandum identifies areas for potential legislative action, and critically examines ATF's reasons for opposing the establishment of a new amnesty period to correct errors in the NFRTR.
The amnesty period from November 2, 1968, to December 1, 1968, was authorized under § 207(b) of the National Firearms Act of 1968, which is also known as Title II of the Gun Control Act of 1968.
It is sometimes confused with the amnesty provision at § 207(d), which authorized the Secretary of the Treasury to establish future amnesty periods not to exceed 90 days each, upon publication of his intention to do so in the Federal Register.
More than 40 years later, some people (including those in the firearms industry) continue to allege that ATF unfairly deprived gun owners of an opportunity to register their unregistered firearms by limiting the amnesty period to 30 days instead of the 90 days to which they were entitled under the law.
This is an unfortunate misconception and is legally incorrect, because the Congress only intended and provided for a 30-day amnesty period in 1968.
These published regulations (click here to read them) describe the 1968 amnesty and its implementation.
(a) The Director shall maintain a central registry of all firearms in the United States which are not in the possession of or under the control of the United States.
This registry shall be known as the National Firearms Registration and Transfer Record and shall include: (b) Each manufacturer, importer, and maker shall register each firearm he manufactures, imports, or makes in the manner prescribed by this part.
Each firearm transferred shall be registered to the transferee by the transferor in the manner prescribed by this part. Chapter 53) in force on October 31, 1968, shall be considered to have registered the firearms in his possession which are disclosed by that record as being in his possession on October 31, 1968.
No firearm may be registered by a person unlawfully in possession of the firearm except during an amnesty period established under section 207 of the Gun Control Act of 1968 (82 Stat. (c) A person shown as possessing firearms by the records maintained by the Director pursuant to the National Firearms Act (26 U. Under § 207(d) of the National Firearms Act of 1968 (Title II of the Gun Control Act of 1968) the Secretary of the Treasury was authorized to administrative establish unlimited numbers of future amnesty periods.
There is nothing in the legislative history of this provision to offer guidance as to Congressional intent regarding the conditions under which a future amnesty period or periods may be established.