The Hearing Protection Act And ‘Silencers’
BY Herschel Smith7 years, 6 months ago
In the early 20th century, the most influential advocate for banning many firearms and accessories was William T. Hornaday, director of the Bronx Zoo. Using the resources of the Bronx Zoo and others for conservation, Hornaday helped save the American bison from extinction.
Hornaday’s 1913 book, “Our Vanishing Wildlife: Its Extermination and Preservation,” warned that over-hunting was wiping out American wildlife. According to Hornaday, one problem was that modern guns were too accurate. Also, hunters now had better scopes and binoculars. In Wyoming, hunters were using silencers so one shot didn’t frighten away other game.
Even worse, in Hornaday’s view, was who was hunting. Namely, lower-class Americans and immigrants. He urged new laws to “prohibit the use of firearms by any naturalized alien from southern Europe until after a 10-years’ residence in America.” Wildlife was vanishing because “the Italians are spreading, spreading, spreading. If you are without them to-day, to-morrow they will be around you. Meet them at the threshold with drastic laws, thoroughly enforced.”
In the South, Hornaday argued, the problem was hunting by “poor white trash” and blacks. In an earlier time, black Americans “were too poor to own guns.” But “the time came when . . . single-shot breech-loading guns went down to five dollars a piece. The negro had money now, and the merchants . . . sold him the guns, a gun for every black idler, man and boy, in all the South.” Hornaday favored an Alabama proposal for an annual tax of at least $5 a year on every firearm, to prevent poor people from owning inexpensive guns.
Hornaday argued that all pump-action guns should be banned, as should all semi-automatics and all “silencers.” Some of Hornaday’s proposals did become law, in attenuated form. For example, states did not ban hunting by immigrant citizens, but they did enact laws against hunting or firearms possession by legal resident aliens. North Carolina enacted a statute (later repealed) that required a license for purchasing a pump action gun. (These laws are described in my article in the Harvard Journal on Legislation, Background Checks for Firearms Sales and Loans: Law, History, and Policy.)
The National Firearms Act of 1934. In 1934, Congress enacted the National Firearms Act, which used the tax power to set up a tax and registration system for certain arms and accessories. As enacted, the NFA applies to machine guns, short-barreled shotguns and rifles, “silencers,” grenades, mortars and various other devices.
Kopel has done a very nice job of outlining the history and technology of suppressors. I would never actually recommend that someone visit The Washington Post and push traffic their direction except for The Volokh Conspiracy when writing about gun rights. But this one is so well done it’s worth it.
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