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Ivan (gorilla)
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Ivan was a western lowland gorilla born in what is now the Democratic Republic of Congo. He was captured from the wild as a baby and brought to live with humans. For the first few years of his life he lived with his owners, but soon he got too big for a human house and they moved him to a 40' x 40' concrete enclosure on display to the public at the B&I shopping center in Tacoma, Washington, where he spent the next 27 years of his life. After local animal welfare organizations successfully campaigned for his release to a facility that could care for Ivan properly, he was placed at Woodland Park Zoo in Seattle. Shortly after this, he was placed on permanent loan to Zoo Atlanta in Atlanta, Georgia. He spent his remaining years at Zoo Atlanta and died from complications during a medical procedure in August 2012.[1]
Contents
[hide]
1 Animal Welfare Controversy
2 Life at Zoo Atlanta
3 Death
4 The One and Only Ivan
5 References
6 Further reading
Animal Welfare Controversy[edit]
In 1987, the animal rights group PAWS (Progressive Animal Welfare Society), upset at the conditions in which Ivan lived, began a campaign on his behalf. PAWS encouraged the community of Tacoma and other nearby cities to protest and to boycott the B&I shopping center. The community collected signatures, raised and donated money to PAWS, took out newspaper ads, and raised $30,000 to buy Ivan from the B&I shopping center to be re-homed within Seattle's Woodland Park Zoo.[2]
In 1991 National Geographic Explorer aired a documentary entitled The Urban Gorilla. The film featured Ivan in his small enclosure and another gorilla, Willie B., who had previously been living in similar circumstances, but had since been released in a large zoo habitat and was re-learning naturalistic gorilla behavior.[3] The contrast between the two gorillas was so pronounced that overnight Ivan became a national animal welfare concern. His story was covered in several publications, including People and The New Yorker. In 1992, there were rumors that Michael Jackson offered to buy Ivan and keep him at his personal zoo in California, though there is no officially known offer.
In 1994, due largely to the successful campaign work by PAWS and the national public outcry, the B&I relinquished their rights to Ivan. The gorilla was gifted to Woodland Park Zoo, who registered him in the Species Survival Plan for gorillas.[4]
Life at Zoo Atlanta[edit]
Later in 1994, Ivan was placed on permanent loan to Zoo Atlanta. Though he was in a new, more appropriate habitat, he struggled with elements of his life as an outdoor gorilla. Ivan had not been outside his enclosure at the B&I for over 27 years, and until his transfer to Atlanta, had never socialized with other gorillas. At first he would not interact with the other gorillas at the zoo and preferred the company of humans. Given time and training, he was able to readjust and accept his role as silverback in the troop. Ivan was rarely observed breeding with the female gorillas in his troop, and he did not sire offspring.[1]
Death[edit]
On Tuesday August 21, 2012, 50-year-old Ivan died while anesthetized during a medical exam. His health had been in decline and the necropsy revealed a large tumor in his chest. Ivan was one of the oldest gorillas in captivity when he died. The Atlanta Zoo honored the request made by Ivan's original owners to have his remains cremated and returned to Tacoma, Washington. Ivan was never forgotten by the local community in which he was raised. People sent birthday and holiday cards to Ivan throughout his life at Zoo Atlanta, and also sent flowers and condolence cards after his death.[1]
A 600-pound (270 kg) bronze statue of Ivan was unveiled outside the Point Defiance Zoo's main entrance on October 26, 2016.[5]
The One and Only Ivan[edit]
The One and Only Ivan is a young reader book written by K.A. Applegate inspired by the life of Ivan. It is largely a work of fiction, though the outline of the plot is very similar to Ivan's life events. In 2013, the novel was the recipient of the Newbery Medal.
On April 9, 2014, it was announced that Disney may adapt the book with Allison Shearmur to produce.[6] On May 6, 2016, it was announced that Mike Newell would direct with a script from Mike White.[7]
References[edit]
^ Jump up to: a b c "Ivan the gorilla".
Jump up ^ "Ivan the Gorilla » PAWS".
Jump up ^ "Movie Reviews".
Jump up ^ "SSP".
Jump up ^ Glenn, Stacia (October 26, 2016). "Ivan the gorilla statue — and his legacy — unveiled in Tacoma". The News Tribune. Tacoma, Washington. Retrieved October 26, 2016.
Jump up ^ "Disney to Adapt Newbery Medal-Winning 'The One and Only Ivan'". firstshowing.net. 9 April 2014. Retrieved 10 April 2014.
Jump up ^ http://www.hollywoodreporter.com/heat-vision/harry-potter-director-mike-newell-891491
Further reading[edit]
Doughton, Sandi. "Aged, beloved Ivan the gorilla from Tacoma dies at Atlanta zoo." The Seattle Times (August 22, 2012). Retrieved January 23, 2018.
"A Gorilla Sulks in a Mall as His Future Is Debated." The New York Times (October 17, 1993). Retrieved January 23, 2018.
King, Barbara. "Ivan Dies at 50: A Gorilla Life, Remembered." npr.org (August 23, 2012). Retrieved January 23, 2018.
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National Firearms Act
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National Firearms Act
Long title
An Act to provide for the taxation of manufacturers, importers, and dealers in certain firearms and machine guns, to tax the sale or other disposal of such weapons, and to restrict importation and regulate interstate transportation thereof.
Acronyms (colloquial)
NFA
Nicknames
National Firearms Act of 1934
Enacted by
the 73rd United States Congress
Effective
June 26, 1934
Citations
Public law
73-474
Statutes at Large
48 Stat. 1236
Codification
Titles amended
26 U.S.C.: Internal Revenue Code
U.S.C. sections created
I.R.C. ch. 53 § 5801 et seq.
Legislative history
Introduced in the House as H.R. 9741 by Robert L. Doughton (D–NC) on May 28, 1934
Committee consideration by House Ways and Means, Senate Finance
Passed the House on June 13, 1934 (Passed)
Passed the Senate on June 18, 1934 (Passed)
Signed into law by President Franklin D. Roosevelt on June 26, 1934
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The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, 48 Stat. 1236, enacted on June 26, 1934, currently codified as amended as I.R.C. ch. 53, is an Act of Congress in the United States that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The Act was passed shortly after the repeal of Prohibition. The NFA is also referred to as Title II of the Federal firearms laws. The Gun Control Act of 1968 ("GCA") is Title I.
All transfers of ownership of registered NFA firearms must be done through the federal NFA registry. The NFA also requires that permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Temporary transport of some items, most notably suppressors, do not need to be reported.
Contents
[hide]
1 Background
2 Categories of firearms regulated
2.1 Any other weapon (AOW)
2.2 Parts associated with NFA items
3 Registration, purchases, taxes and transfers
4 Criminal conduct
5 Criminal penalties
6 Exceptions
7 The market for NFA items
8 NFA trust
9 Miller case
9.1 Uncertainty after Miller and after passage of Montana House Bill 246
10 See also
11 Notes
12 External links
Background[edit]
The impetus for the National Firearms Act of 1934 was the gangland crime of the Prohibition era, such as the St. Valentine’s Day Massacre of 1929, and the attempted assassination of President Franklin D. Roosevelt in 1933.[1][2]:824[3][4] Like the current National Firearms Act (NFA), the 1934 Act required NFA firearms to be registered and taxed. The $200 tax was quite prohibitive at the time (equivalent to $3,659 in 2017). With a few exceptions, the tax amount is unchanged.[3][4]
Originally, pistols and revolvers were to be regulated as strictly as machine guns; towards that end, cutting down a rifle or shotgun to circumvent the handgun restrictions by making a concealable weapon was taxed as strictly as a machine gun.[5]
Conventional pistols and revolvers were ultimately excluded from the Act before passage, but other concealable weapons were not.[5] Regarding the definition of "firearm," the language of the statute as originally enacted was as follows:
The term "firearm" means a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition.[6]
Under the original Act, NFA weapons were machine guns, short-barreled rifles (SBR), short-barreled shotguns (SBS), any other weapons (AOW or concealable weapons other than pistols or revolvers), and silencers for any type of NFA or non-NFA. Minimum barrel length was soon amended to 16 inches for rimfire rifles and by 1960 had been amended to 16 inches for centerfire rifles as well.[7]
The United States Supreme Court, in 1968 decided the case of Haynes v. United States in favor of the defendant, which effectively gutted the National Act of 1934. As one could possess an NFA firearm and choose not to register it, and not face prosecution due to Fifth Amendment protections, the Act was unenforceable. To deal with this, Congress rewrote the Act to make registration of existing weapons impossible except by the government (previously, an existing firearm could be registered by any citizen). In addition to fixing the defect identified in Haynes, the revision tightened definitions of the firearms regulated by the Act, as well as incorporating a new category of firearm, the Destructive Device, which was first regulated in the Omnibus Crime Control and Safe Streets Act of 1968.
NFA categories have been modified by laws passed by Congress, rulings by the Department of the Treasury and regulations promulgated by the enforcement agency assigned to known as the Bureau of Alcohol, Tobacco, Firearms and Explosives or ATF.
Categories of firearms regulated[edit]
Main article: Title II weapons
The National Firearms Act of 1934 (NFA) defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following:
Machine guns
This includes any firearm which can fire repeatedly, without manual reloading, "by a single function of the trigger."[8] Both continuous fully automatic fire and "burst fire" (e.g., firearms with a 3-round burst feature) are considered machine gun features. The weapon's receiver is by itself considered to be a regulated firearm. A non-machinegun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be "readily convertible", and classed as a machine gun, such as a KG-9 pistol (pre-ban ones are "grandfathered").
Short-barreled rifles (SBRs)
This category includes any firearm with a buttstock and either a rifled barrel less than 16" long or an overall length under 26". The overall length is measured with any folding or collapsing stocks in the extended position. The category also includes firearms which came from the factory with a buttstock that was later removed by a third party.
Short barreled shotguns (SBSs)
This category is defined similarly to SBRs, but with either a smoothbore barrel less than 18" long or a minimum overall length under 26".
Silencers
This includes any portable device designed to muffle or disguise the report of a portable firearm. This category does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and usually bolted to the floor.
Destructive Devices (DDs)
There are two broad classes of destructive devices:
Devices such as grenades, bombs, explosive missiles, poison gas weapons, etc.
Any firearm with a bore over 0.50 inch except for shotguns or shotgun shells which have been found to be generally recognized as particularly suitable for sporting purposes. (Many firearms with bores over 0.50" inch, such as 10-gauge or 12-gauge shotguns, are exempted from the law because they have been determined to have a "legitimate sporting use".)
Any other weapon (AOW)[edit]
Firearms meeting the definition of "any other weapon" or AOW are weapons or devices capable of being concealed on the person from which a shot can be discharged through the energy of an explosive. Many AOWs are disguised devices such as pens, cigarette lighters, knives, cane guns and umbrella guns. AOWs can be pistols and revolvers having smooth bore barrels (e.g., H&R Handy-Gun, Serbu Super-Shorty) designed or redesigned to fire a fixed shotgun shell. While the above weapons are similar in appearance to weapons made from shotguns, they were originally manufactured in the illustrated configuration and are not modified from existing shotguns. As a result, these weapons do not fit within the definition of shotgun or weapons made from a shotgun.[citation needed]
The AOW definition includes specifically described weapons with combination shotgun and rifle barrels 12 inches or more but less than 18 inches in length from which only a single discharge can be made from either barrel without manual reloading.
The ATF Firearms Technology Branch has issued opinions that when a pistol (such as an AR-type pistol) under 26" in overall length is fitted with a vertical fore-grip, it is no longer "designed, made and intended to fire ... when held in one hand," and therefore no longer meets the definition of a pistol. Such a firearm then falls only within the definition of "any other weapon" under the NFA.[9]
In 1938 Congress recognized that the Marble Game Getter, a short .22/.410 sporting firearm, had "legitimate use" and did not deserve the stigma of a "gangster weapon" and reduced the $200 tax to one dollar for the Game Getter. In 1960 Congress changed the transfer tax for all AOW category firearms to $5. The transfer tax for machine guns, silencers, SBR and SBS remained at $200.[10]
Parts associated with NFA items[edit]
In general, certain components that make up an NFA item are considered regulated. For example, the components of a silencer are considered as "silencers" by themselves and the replacement parts are regulated. However, the repair of original parts without replacement can be done by the original manufacturer, FFL gunsmith, or by registered owner without being subjected to new registration as long as the serial number and the dimension (caliber) are maintained.[11] The length may be reduced in repair, but cannot be increased. Increasing the length is considered as making a new silencer. "Suppressor" is the term used within the trade/industry literature while the term "silencer" is the commonly used term that appears in the actual wording of the NFA. The terms are often used interchangeably depending on the source quoted.
Silencers and machine guns are the most heavily regulated. For example, in Ruling 81-4, ATF declared that any AR-15 Drop-in Auto-Sear (DIAS) made after November 1, 1981 is itself a machine gun, and is therefore subject to regulation.[12] While this might seem to mean that pre-1981 sears are legal to possess without registration, ATF closes this loophole in other publications, stating, "Regardless of the date of manufacture of a drop in auto sear, possession of such a sear and certain M-16 fire control parts is possession of a machinegun as defined by the NFA. Specifically, these parts are listed as "(a) combination(s) of parts" designed "Solely and exclusively" for use in converting a weapon into a machinegun and are a machinegun as defined in the NFA." ATF machinegun technology letters written between 1980 and 1996 by Edward M. Owen – the then-chief of the ATF technology division defined "solely and exclusively" in all of his published and unpublished machinegun rulings with specific non-ambiguous language.[13]
Owning the parts needed to assemble other NFA firearms is generally restricted. One individual cannot own or manufacture certain machine gun sear (fire-control) components unless he owns a registered machine gun. The M2 carbine trigger pack is such an example of a "combination of parts" that is a machine gun in and of itself. Most of these have been registered as they were pulled from stores of surplus rifles in the early 1960s. In some special cases, exceptions have been determined to these by ATF. A string or shoelace that could be looped around the cocking handle of a semiautomatic firearm and then behind and in front of the trigger in such a way as to allow the firearm to be fired automatically is no longer considered a machinegun unless it is attached in this manner.[14]
Most current fully automatic trigger groups will not fit their semi-automatic firearm look-alike counterparts – the semi-automatic version is specifically constructed to reject the fully automatic trigger group by adding metal in critical places. This addition is required by ATF to prevent easy conversion of Title I firearms into machine guns.
For civilian possession, all machineguns must have been manufactured and registered with ATF prior to May 19, 1986 to be transferable between citizens.[15] These machine gun prices have drastically escalated in value, especially items like registered sears and conversion-kits. Only a Class-II manufacturer (a FFL holder licensed to manufacture firearms or Type-07 license that has paid a Special Occupational Tax Stamp or SOT) could manufacture machineguns after that date, and they can only be sold to government, law-enforcement, and military entities. Transfer can only be done to other SOT FFL-holders, and such FFL-holders must have a "demonstration letter" from a respective government agency to receive such machineguns.[16] Falsification and/or misuse of the "demo-letter" process can and has resulted in long jail sentences and felony convictions for violators.
Owning both a short barrel and a legal-length rifle could be construed as intent to build an illegal, unregistered SBR. This possibility was contested and won in the U.S. Supreme Court case of United States v. Thompson-Center Arms Company. ATF lost the case, and was unable to prove that possession of a short barrel for the specific pistol configuration of a Thompson Contender is illegal. ATF later released ruling 2011-4[17] to clarify the legal status of owning such conversion kits.[18]
Removal of a weapon from classification as an NFA firearm, such as the reclassification of the original Broomhandle Mauser with shoulder stock from "short barrel rifle" (SBR) to a curio or relic handgun, changed its status as a Title II NFA firearm but did not change its status as a Title I Gun Control Act firearm.[19]
Muzzle-loading firearms are exempt from the Act (as they are defined as 'antique firearms' and are not considered 'Firearms' under either the GCA or the NFA). Thus, though common muzzle-loading hunting rifles are available in calibers over 0.50", they are not regulated as destructive devices. Muzzle-loading cannons are similarly exempt since the law draws no distinction between the size of the muzzle-loading weapons; thus it is legal for a civilian to build muzzle-loading rifles, pistols, cannon and mortars with no paperwork, however, ammunition for these weapons can still be classified as destructive devices themselves, such as explosive shells. While an 'antique firearm' is not considered a 'firearm' under the NFA, some states (such as Oregon) have laws that specifically prohibit anyone from owning/obtaining an 'antique firearm' that could not otherwise own/obtain an GCA or NFA defined 'firearm' (i.e., felons, recipients of dishonorable discharge from military service, the mentally adjudicated, etc.).[20]
Individuals or companies seeking to market large-bore firearms may apply to ATF for a "sporting clause exception". If granted, ATF acknowledges that the firearm has a legitimate sporting use and is therefore not a destructive device. Certain large safari rifle calibers, such as .585 Nyati and .577 Tyrannosaur, have such exceptions.
The phrase "all NFA rules apply" is commonplace. This disclaimer is usually posted in bold print from firearm dealers holding an FFL license.
Registration, purchases, taxes and transfers[edit]
It is a common misconception[21] that an individual must have a "Class 3 " in order to own NFA. An FFL is required as a prerequisite to become a Special Occupation Taxpayer (SOT): Class 1 importer, Class 2 manufacturer-dealer or Class 3 dealer in NFA, not an individual owner. There are generally three ways to own a NFA weapon: as an individual, through a gun trust, or as a Limited Liability Company (LLC). Legal possession of an NFA firearm by an individual requires transfer of registration within the NFA registry. An individual owner does not need to be an NFA dealer to buy Title II. The sale and purchase of NFA is, however, taxed and regulated, as follows:
All NFA items must be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Private owners wishing to purchase an NFA item must obtain approval from the ATF, pass an extensive background check to include submitting a photograph and fingerprints, fully register the firearm, receive ATF written permission before moving the firearm across state lines, and pay a tax.[22] The request to transfer ownership of an NFA item is made on an ATF Form 4.[23] There have been several unfavorable lawsuits where plaintiffs have been denied NFA approval for a transfer. These lawsuits include: Lomont v. O'Neill,[24] Westfall v. Miller,[25] and Steele v. National Branch.[26]
NFA items may also be transferred to corporations (or other legal entities such as a trust). When the paperwork to request transfer of an NFA item is initiated by an officer of a corporation, fingerprint cards and photographs of the official need to be submitted with the transfer request. This method has downsides, since it is the corporation (and not the principal) that owns the firearm. Thus, if the corporation ever dissolves, it must transfer its NFA to the owners. This event would be considered a new transfer and would be subject to a new transfer tax.[27]
US National Act Stamp, affixed to transfer forms to indicate tax paid.
The tax for privately manufacturing any NFA firearm (other than machineguns, which are illegal for individuals to manufacture) is $200. Transferring requires a $200 tax for all NFA except AOW's, for which the transfer tax is $5 (although the manufacturing tax remains $200).[27]
All NFA weapons made by individuals must be legal in the State or municipality where the individual lives. The payment of a $200 "making tax" prior to manufacture of the weapon, although a subsequent transfer of AOWs after they are legally "made" is only $5. Only a Class-II manufacturer (a FFL holder licensed as a "Manufacture of Firearms" or Type-07 license that has paid a Special Occupational Tax Stamp or SOT) can manufacture NFA firearms (other than destructive devices) tax free, but they pay a larger annual tax which ranges from $500 to $1000 to cover manufacturing.[28]
A Destructive Device manufacturing license (Type-10 FFL) holder can manufacture destructive devices tax free. However a type-07 license costs $150 for three years –– whereas a Type-10 destructive manufacturing license costs $3000 for three years. Both licenses still require the payment of the $500 (reduced-rate) Special Occupational Tax Stamp or SOT, (or the $1000 full tax) per year to conduct manufacturing of NFA weapons that they are respectively qualified to manufacturer. The SOT "reduced rate" applies to a business whose sales are less than $500,000 per year.[29]
Transferable machine guns made or registered before May 19, 1986 are worth far more than their original, pre-1986 value and items like registered "auto-sears," "lightning-links," trigger-packs, trunnions, and other "combination of parts" registered as machineguns before the aforementioned date are often worth nearly as much as a full registered machine gun. For instance, as of September 2008, a transferable M16 rifle costs approximately $11,000 to $18,000, while a transferable "lightning-link" for the AR-15 can sell for $8,000 to $10,000. New manufacture M-16s sell to law enforcement and the military for around $600 to $1000.
Upon the request of any ATF agent or investigator, or the Attorney General, the registered owner must provide proof of registration of the firearm.[30]
In a number of situations, an NFA item may be transferred without a transfer tax. These include sales to government agencies, temporary transfers of an NFA firearm to a gunsmith for repairs, and transfer of an NFA firearm to a lawful heir after the death of its owner. A permanent transfer, even if tax-free, must be approved by ATF. The proper form should be submitted to ATF before the transfer occurs. For example, lawful heirs must submit a Form 5 and wait for approval before taking possession of any NFA item willed to them. Temporary transfers, such as those to a gunsmith or to the original manufacturer for repair, are not subject to ATF approval since they are not legally considered transfers. ATF does, however, recommend filing tax-free transfer paperwork on all such temporary transfers, to confer an extra layer of legal protection on both the owner and the gunsmith.[27]
Criminal conduct[edit]
The Act makes certain conduct a criminal offense, in relation to engaging in business as a manufacturer, importer, or dealer with respect to (NFA) firearms without having registered or paid a Special Occupational Tax (SOT); receiving or possessing a firearm transferred to oneself in violation of the NFA; receiving or possessing a firearm made in violation of the NFA; receiving or possessing a firearm not registered to oneself in the National Firearms Registration and Transfer Record; transferring or making a firearm in violation of the NFA; or obliterating, removing, changing, or altering the serial number of the firearm.[31]
Criminal penalties[edit]
Violations of the Act are punishable by up to 10 years in federal prison and forfeiture of all devices or firearms in violation, and the individual's right to own or possess firearms in the future. The Act provides for a penalty of $10,000 for certain violations.[32] A willful attempt to evade or defeat a tax imposed by the Act is a felony punishable by up to five years in prison and a $100,000 fine ($500,000 in the case of a corporation or trust), under the general tax evasion statute.[33] For an individual, the felony fine of $100,000 for tax evasion could be increased to $250,000.[34]
Exceptions[edit]
The United States Supreme Court has ruled in Haynes v. United States that the Fifth Amendment to the United States Constitution exempts felons—and, by extrapolation, all other prohibited possessors—from the registration requirements of the Act. The prohibited person who violates the possession prohibition can, however, be convicted under the Gun Control Act of 1968 for being a prohibited person in possession of a (any) firearm.
The Atomic Energy Act of 1954 was amended in 2005 and includes a provision (42 U.S.C. § 2201a) to allow Nuclear Regulatory Commission (NRC) licensees and authorized contractors to possess machine guns for the purpose of providing security.[35][36]
The market for NFA items[edit]
Importation of NFA firearms was banned by the 1968 Gun Control Act which implemented a "sporting" clause. Only firearms judged by ATF to have feasible sporting applications can be imported for civilian use. Licensed manufacturers of NFA firearms may still, with the proper paperwork, import foreign NFA firearms for research and development purposes, or for government use.
The domestic manufacture of new machine guns that civilians could purchase was effectively banned by language in the Firearm Owners Protection Act of 1986 (also known as "McClure-Volkmer"). The language was added in an amendment from William J. Hughes and referred to as the Hughes Amendment.[37] Machine guns legally registered prior to the date of enactment (i.e. May 1986) are still legal for possession by and transfer among civilians where permitted by state law. The static and relatively small number of transferable machine guns has caused their price to rise, often over $10,000, although transferable Mac-10 and Mac-11 submachine guns can still be purchased for around $5,500.[citation needed] Machine guns manufactured after the FOPA's enactment can be sold only to law enforcement and government agencies, exported, or held as inventory or "dealer samples" by licensed manufacturers and dealers. Machine guns made after 1986 for law enforcement but not transferable to civilian registration are usually priced only a few hundred dollars more than their semi-automatic counterparts, whereas a pre-Hughes Amendment registered machine gun that can be legally transferred commands a huge premium.
The Hughes Amendment affected only machine guns. All other NFA firearms are still legal for manufacture and registration by civilians under Form 1, and transfer of registration to civilians under Form 4 (though some states have their own laws governing which NFA firearms are legal to own there). Silencers and Short Barreled Rifles are generally the most popular NFA firearms among civilians, followed by Short Barrel Shotguns, Destructive Devices, and "Any Other Weapons". While most NFA firearms are bought from manufacturers and transferred to civilians through a dealer, many are made by the civilians themselves after filing a Form 1 and paying the $200 manufacturing tax. In some cases the manufacture is simple (i.e., using a pipe cutter to shorten a shotgun barrel), and sometimes quite complex.
NFA trust[edit]
A NFA trust (also known as a gun trust, Title II trust, ATF trust, or Class 3 trust) is a legal trust that is used in the United States to register and own NFA firearms. Under regulations, use of a trust allows prospective purchasers of NFA items to avoid some of the federal transfer requirements that would otherwise be imposed on an individual.[38] Like other trusts, it allows for estate planning in inheriting firearms. In 2013, ATF proposed new rules,[39] often referred to as ATF Proposed Rule 41p, which, if adopted, would require all "responsible persons" of an entity being used to purchase NFA items to comply with the same procedures as individuals in obtaining NFA items. In an NFA trust, a responsible person is defined as "any grantor, trustee, beneficiary, ... who possesses, directly or indirectly, the power or authority under any trust instrument, ... to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the entity."[39] ATF finalized the rule on January 15, 2016, to become effective 180 days later. The previous requirement for "chief law enforcement officer" approval was eliminated, while all responsible people for a trust must now comply with the same restrictions as individual owners.[40][41][42]
Miller case[edit]
In 1938, the United States District Court for the Western District of Arkansas ruled the statute unconstitutional in United States v. Miller. The defendant Miller had been arrested for possession of an unregistered short double-barreled shotgun, and for "unlawfully...transporting [it] in interstate commerce from Claremore, Oklahoma to Siloam Springs, Arkansas" which perfected the crime.[43] The government's argument was that the short barreled shotgun was not a military-type weapon and thus not a "militia" weapon protected by the Second Amendment, from federal infringement. The District Court agreed with Miller's argument that the shotgun was legal under the Second Amendment.
The District Court ruling was overturned on a direct appeal to the United States Supreme Court (see United States v. Miller). No brief was filed on behalf of the defendants, and the defendants themselves did not appear before the Supreme Court. Miller himself had been murdered one month prior to the Supreme Court's decision. No evidence that such a firearm was "ordinary military equipment" had been presented at the trial court (apparently because the case had been thrown out—at the defendants' request—before evidence could be presented), although two Supreme Court justices at the time had been United States Army officers during World War I and may have had personal knowledge of the use of such weapons in combat. The Supreme Court indicated it could not take judicial notice of such a contention.
The Supreme Court reversed the District Court and held that the NFA provision (criminalizing possession of certain firearms) was not violative of the Second Amendment's restriction and therefore was not unconstitutional.
Subsequent rulings have been allowed to stand, indicating that short-barreled shotguns are generally recognized as ordinary military equipment if briefs are filed (e.g., see: Cases v. United States),[44] describing use of short-barreled shotguns in specialized military units.
Uncertainty after Miller and after passage of Montana House Bill 246[edit]
The scope of the application of the Act to privately constructed firearms or devices is uncertain. Such items would normally be regulated under the Act's provisions, but are intended for private ownership only and not for sale. As the Act's application is derived from the federal legislature's Constitutionally enumerated power of regulation over interstate commerce, it is unclear how privately constructed firearms or devices built solely for personal possession (i.e., not intended to be delivered into the stream of interstate commerce) are affected by the Act. It would seem they are regulated under the Supreme Court's interpretation of Wickard v. Filburn[45] which establishes that even activities that occur solely intrastate could have such a substantial effect upon interstate commerce that failure to regulate such commerce would defeat Congress's power to regulate interstate commerce.[citation needed]
In the landmark 1995 case of United States v. Lopez, the first decision in six decades to invalidate a federal statute on the grounds that it exceeded the power of the United States Congress under the Commerce Clause of the United States Constitution, the Supreme Court described Wickard v. Filburn as "perhaps the most far reaching example of Commerce Clause authority over intrastate commerce". The Supreme Court majority that decided the 2005 case Gonzales v. Raich relied heavily on Filburn in upholding the power of the federal government to prosecute individuals who grow their own medicinal marijuana pursuant to state law. In Raich, the court held that, as with the home grown wheat at issue in Filburn, home grown marijuana is a legitimate subject of federal regulation because it competes with marijuana that moves in interstate commerce. As the Court explained in Gonzalez:
Wickard thus establishes that Congress can regulate purely intrastate activity that is not itself "commercial," in that it is not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity.
Montana House Bill 246, the Montana Firearms Freedom Act, was signed into law by Governor Brian Schweitzer on April 15, 2009, and became effective October 1, 2009. This legislation declares that certain firearms and firearms accessories manufactured, sold, and kept within the state of Montana are exempt from federal firearms laws, since they cannot be regulated as interstate commerce.[46][47] However, this law does not apply to a firearm that cannot be carried and used by one person, a firearm that has a bore diameter greater than 1 ½ inches and uses smokeless powder, ammunition that uses exploding projectiles or fully automatic firearms. While it is likely to face a court challenge (and specifically intended to provoke one[48]), this Montana law would put firearms accessories such as silencers actually made in Montana, marked "Made in Montana", and sold only to Montana citizens outside federal jurisdiction and not subject to the $200 federal transfer tax.
As of April 2013[update], similar laws had been enacted by Kansas, Tennessee, Wyoming, South Dakota, Utah, Arizona, Idaho and Alaska and introduced in most other states.[49]
See also[edit]
Firearm case law in the United States
Gun law in the United States
Gun politics in the United States
Uniform Firearms Act
Notes[edit]
Jump up ^ Spitzer, Robert J. (2011). "Gun Control: Constitutional Mandate or Myth?". In Tatalovich, Raymond; Daynes, Byron W. Moral Controversies in American Politics. M.E. Sharpe. pp. 161–195. ISBN 9780765627452.
Jump up ^ Weaver, Greg S. (2002). "Firearm Deaths, Gun Availability, and Legal Regulatory Changes: Suggestions from the Data". Journal of Criminal Law and Criminology. 92 (3): 823–842. Retrieved July 7, 2014.
^ Jump up to: a b "National Firearms Act Handbook". ATF.gov. Bureau of Alcohol, Tobacco, Firearms and Explosives. April 2009. |chapter= ignored (help)
^ Jump up to: a b "History of ATF from Oxford University Press". ATF.gov. Archived from the original on 2012-07-28.
^ Jump up to: a b Carter, Gregg Lee (2002). Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law. ABC-CLIO. p. 545. ISBN 978-1-57607-268-4.
Jump up ^ Section 1(a), Public Law No. 474, Ch. 757, 48 Stat. 1236 (June 26, 1934).
Jump up ^ Appropriations, United States. Congress. House. Committee on Appropriations. Subcommittee on the Treasury, Postal Service, and General Government (1998). Treasury, Postal Service, and General Government Appropriations for Fiscal Year 1999: Hearings Before a Subcommittee of the Committee on Appropriations, House of Representatives, One Hundred Fifth Congress, Second Session. U.S. Government Printing Office. pp. 48–53.
Jump up ^ "U.S.C. Title 26 § 5845 Definitions". U.S. Government Publishing Office.
Jump up ^ http://www.franklinarmory.com/XO-26_Letter__c_.pdf
Jump up ^ Wilson, R. L. (1 November 1997). "U.S. Smoothbore Pistols Designed to Fire Shotgun Shells". In Eric M. Larson. Official R. L. Wilson Price Guide to Gun Collecting. New York: House of Collectibles. pp. 68–71. ISBN 978-0-676-60122-0.
Jump up ^ "Frequently Asked Questions: Silencer". ATF.gov. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jump up ^ "Nos. 97-3748, 97-3749. - UNITED STATES v. CASH - US 7th Circuit". Caselaw.lp.findlaw.com. Retrieved 2012-05-22.
Jump up ^ Sweeney, Patrick (15 July 2013). Glock Deconstructed. Iola, Wisconsin: Gun Digest Books. pp. 194–195. ISBN 978-1-4402-3284-8.
Jump up ^ [1] Archived September 23, 2009, at the Wayback Machine.
Jump up ^ Kleck, Gary. Targeting Guns: Firearms and Their Control. Transaction Publishers. p. 108. ISBN 978-0-202-36941-9.
Jump up ^ "NFA "Law Letter" Requirement". atf. 1999.
Jump up ^ "ATF Ruling 2011-4" (PDF).
Jump up ^ "ATF Rul. 2011-4" (PDF). July 25, 2011. Retrieved 2011-10-26.
Jump up ^ Magaw, John W. (1 April 1996). Federal Firearms Regulations Reference Guide. DIANE Publishing. p. 111. ISBN 978-0-7881-2821-9.
Jump up ^ Flayderman, Norm (17 December 2007). Flayderman's Guide to Antique American Firearms and Their Values. Iola, Wisconsin: F+W Media, Inc. p. 26. ISBN 0-89689-455-X.
Jump up ^ Frequently Asked Questions: Section M. – National Act (NFA). Archived April 11, 2012, at the Wayback Machine.
Jump up ^ "Home » Chief Law Enforcement Officer Required Sign Law Enforcement Certification Atf Form 1 Or Atf Is the chief law enforcement officer required to sign the law enforcement certification on ATF Form 1 or ATF Form 4?". atf. 2013.
Jump up ^ "ATF Form 4" (PDF). Retrieved 2012-05-22.
Jump up ^ U.S. Court of Appeals for the Ninth Circuit (2002).
Jump up ^ 77 F.3d 868 (5th Cir. 1996).
Jump up ^ 755 F.2d 1410 (11th Cir. 1985).
^ Jump up to: a b c "National Firearms Act (NFA) — Firearms". atf. 2013.
Jump up ^ "When must firearms special (occupational) taxes be paid and how much are the taxes?". atf. 1999.
Jump up ^ "ATF Form 5300.11 Questions (Updated July 31, 2013)". atf. 2013. Archived from the original on October 10, 2013.
Jump up ^ "Record Keeping" (PDF). Retrieved 2011-10-26.
Jump up ^ 26 U.S.C. § 5861.
Jump up ^ 26 U.S.C. § 5871
Jump up ^ 26 U.S.C. § 7201.
Jump up ^ See 18 U.S.C. § 3571(b)(3).
Jump up ^ "Open Letter to All Federally Licensed Dealers, Importers, and Manufacturers of Firearms and Ammunition". Bureau of Alcohol, Tobacco, Firearms, and Explosives. 2006-01-30. Retrieved 2011-10-26.
Jump up ^ "42 U.S.C. § 2201a : US Code – Section 2201A: Use of firearms by security personnel". Retrieved 2011-10-26.
Jump up ^ Gun Law News – Firearm Owners Protection Act of 1986, retrieved 2007-09-14
Jump up ^ Goode, Erika (2013-02-26). "Trusts Offer a Legal Loophole for Buying Restricted Guns". New York Times.
^ Jump up to: a b "Bureau of Alcohol, Tobacco, Firearms & Explosives" (PDF). September 9, 2013.
Jump up ^ Zuwerink, Adam (2016-02-01). "How the DOJ's New Regulatory Framework for Gun Trusts Managed to Strike a Reasonable Balance". JD Supra.
Jump up ^ "View Rule". www.reginfo.gov. Retrieved 2015-12-17.
Jump up ^ Smith, David & Chalabi, Mona (2016-01-06). "Little-known gun trust loophole facing closure by Obama executive action". The Guardian. Manchester, England.
Jump up ^ Miller, at p. 175.
Jump up ^ 131 F.2d 916, 922 (1st Cir. 1942).
Jump up ^ 317 US 111 (1942)
Jump up ^ Deines, Kahrin. "New Gun Law Aimed at Asserting Sovereignty", Helena Independent Record, April 16, 2009.
Jump up ^ Text of House Bill 246 Archived 2011-05-14 at the Wayback Machine., 2009 Montana Legislature.
Jump up ^ [2]
Jump up ^ "State By State". Firearms Freedom Act. 2012-01-12. Retrieved 2012-05-22.
External links[edit]
ATF's National Firearms Act Handbook
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Love (TV series)
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Love
Genre
Romantic comedy
Comedy-drama
Created by
Judd Apatow
Lesley Arfin
Paul Rust
Starring
Gillian Jacobs
Paul Rust
Claudia O'Doherty
Chris Witaske
Composer(s)
Lyle Workman
Country of origin
United States
Original language(s)
English
No. of seasons
3
No. of episodes
34 (list of episodes)
Production
Executive producer(s)
Judd Apatow
Paul Rust
Lesley Arfin
Brent Forrester
Dean Holland
Dave King
Ali Rushfield
Camera setup
Single-camera
Running time
26–45 minutes
Production company(s)
Apatow Productions
Legendary Television
Distributor
Netflix
Release
Original network
Netflix
Original release
February 19, 2016 (2016-02-19) – March 9, 2018 (2018-03-09)
External links
Website
Love is an American romantic comedy web television series created by Judd Apatow, Lesley Arfin, and Paul Rust, and starring Gillian Jacobs, Rust, and Claudia O'Doherty. Netflix originally ordered two seasons of the show. The first 10-episode season was made available on February 19, 2016,[1][2] and a 12-episode second season premiered on March 10, 2017. Netflix renewed the series for a third season one month prior to the second-season premiere.[3] On December 15, 2017, Netflix announced that the third season will be the last, which premiered on March 9, 2018.[4]
Contents
[hide]
1 Summary
2 Episodes
3 Cast
3.1 Main
3.2 Recurring
3.3 Guest
4 Reception
4.1 Critical
4.2 Accolades
5 References
6 External links
Summary[edit]
The series is presented as a "down-to-earth look at dating", exploring male and female perspectives on romantic relationships through the characters Mickey and Gus, played by Jacobs and Rust respectively.[5]
Episodes[edit]
Main article: List of Love episodes
Season
Episodes
Originally released
1 10 February 19, 2016 (2016-02-19)
2 12 March 10, 2017 (2017-03-10)
3 12 March 9, 2018 (2018-03-09)
Cast[edit]
Main[edit]
Gillian Jacobs as Mickey Dobbs
Paul Rust as Gus Cruikshank
Claudia O'Doherty as Bertie Bauer
Chris Witaske as Chris Czajkowski (recurring seasons 1–2, regular season 3)
Mike Mitchell as Randy Monahan
Recurring[edit]
Brett Gelman as Greg Colter
Iris Apatow as Arya Hopkins
Bobby Lee as Truman
Tracie Thoms as Susan Cheryl
Jordan Rock as Kevin
Charlyne Yi as Cori
Kerri Kenney as Syd
Kyle Kinane as Eric
Seth Morris as Evan
Milana Vayntrub as Natalie
Mädchen Amick as Arya's character's mother
John Ross Bowie as Rob
Dave Gruber Allen as Allan
David Spade as Steven Hopkins
Steve Bannos as Frank
Eddie Pepitone as Eddie
Saxon Sharbino as Simone
Dawn Forrester as Denise Hopkins
Mark Oliver Everett as Brian
Rich Sommer as Dustin
Kirby Howell-Baptiste as Beth
Esther Povitsky as Alexis
Michael Cassady as Dean
Lisa Darr as Diane
Andy Dick as himself
Briga Heelan as Heidi McAuliffe
Chantal Claret as Shaun
Jason Dill as Len
Alexandra Rushfield as Ali Rush
Dave King as Wyatt Meyers
Jake Elliott as Aidan
Cristin McAlister as Britney
Mike Hanford as Wade
Neil Campbell as Kyle
Armen Weitzman as Ruby
Tim Kalpakis as Walt
Kulap Vilaysack as Rebecca
Jay Johnston as Pastor
Liz Femi as Liz
Horatio Sanz as Jeff
Chris Redd as Justin
Paula Pell as Erika
Jongman Kim as Victor
Randall Park as Tommy
Guest[edit]
Jesse Bradford as Carl
John Early as Daniel
Joe Mande as Jeffrey
Will Sasso as Ben
Chase Ellison as Jacob
Stephen Boss as Doobie
John Ennis as Don
Justin Willman as a magician
Danny Cole as William the Wonder
Carlos Acuña as Carlos
Robin Tunney as Waverly
Leslie Grossman as Liz
Aparna Nancherla as Lauren
Tipper Newton as Kali
Graham Rogers as Mike
Janicza Bravo as Lorna
Sandrine Holt as Jorie
Hannah Leder as Lila
Rory Scovel as Gator
Daniel Stern as Marty Dobbs
Nancy Youngblut as Carol
Jessie Ennis as Stella
Eric Edelstein as Devon Monahan
Jason Stuart as Dr. Powell
Vanessa Bayer as Sarah
Rich Fulcher as Glen Michener (Michael Myers)
Reception[edit]
Critical[edit]
Love has received positive reviews from critics, with particular praise for the cast.[6][7][8] On the review aggregator Rotten Tomatoes, season one holds an approval rating of 88% based on 40 reviews, with an average rating of 7.2/10. The website's critical consensus reads, "Judd Apatow's Love is an honest look at building a relationship, helped along by its two appealing leads."[9] On Metacritic the season has an average score of 72 out of 100, based on 27 critics, indicating "generally favorable reviews".[10]
The Hollywood Reporter and Variety review the show positively but comment the length of the episodes (up to 40 minutes) and the familiar premise do not always work in the show's favor.[8] Daniel Fienberg at The Hollywood Reporter observes, "It's a variation on a common theme, but it's also squirmingly effective, fitfully funny and carried by a great, uncompromising performance from Gillian Jacobs...If you can warm up to the prickly, but probably realistic, characters, there's a lot to like, if not love."[7] Alan Sepinwall of Hitfix reviewed it positively and said, "I can see all those issues, and more. I just don't care. When you feel it — as I very quickly did with Love — nothing else matters."[11]
On Rotten Tomatoes, the second season has an approval rating of 94% based on 17 reviews, with an average rating of 7.19/10. The website's critical consensus reads, "In its sophomore season, Love treads the balance between comedy and drama with greater confidence, going deeper into the endearing, frustrating, delightfully realistic relationship of Mickey and Gus."[12] On Metacritic, the season has an average score of 80 out of 100, based on 6 critics, indicating "generally favorable reviews".[13]
Accolades[edit]
In 2017, Love was nominated for Best Musical or Comedy Series at the 21st Satellite Awards.[14]
References[edit]
Jump up ^ Malone, Michael (January 4, 2015). "Apatow Comedy 'Love' Gets Feb. 19 Netflix Debut". Broadcastingcable.com. Retrieved January 4, 2015.
Jump up ^ Petski, Denise (January 4, 2016). "Judd Apatow Netflix Comedy Series 'Love' Gets Premiere Date — First-Look Teaser". Deadline Hollywood. Retrieved January 4, 2016.
Jump up ^ Schwindt, Oriana (2017-02-08). "Judd Apatow's 'Love' Renewed for Season 3 at Netflix". Variety. Retrieved 2017-02-08.
Jump up ^ Debra, Birnbaum (2017-12-15). "Judd Apatow's 'Love' to End With Third Season on Netflix". Variety. Retrieved 2017-12-15.
Jump up ^ Carlson, Jay (31 July 2015). "A Synopsis and Very Early Look at the Judd Apatow Created Netflix Original Series 'Love' Starring Gillian Jacobs and Paul Rust". IndieRevolver.com.
Jump up ^ McLaughlin, Katherine (February 12, 2016). "TV Review: Love, Netflix." The List (List.co.uk). Retrieved February 16, 2016.
^ Jump up to: a b Fienberg, Daniel (February 14, 2016). "'Love': TV Review." The Hollywood Reporter (HollywoodReporter.com). Retrieved February 16, 2016.
^ Jump up to: a b Lowery, Brian (February 8, 2016). "TV Review: Love." Variety.com. Retrieved February 11, 2016.
Jump up ^ "Love: Season 1 (2016)". Rotten Tomatoes. Retrieved March 2, 2017.
Jump up ^ "Love – Season 1 reviews". Metacritic. Retrieved February 27, 2016.
Jump up ^ Sepinwall, Alan (February 16, 2016). "Review: Gillian Jacobs Finds 'Love' In Netflix's New Judd Apatow Comedy". Hitfix.
Jump up ^ "Love: Season 2 (2017)". Rotten Tomatoes. Retrieved April 9, 2017.
Jump up ^ "Love – Season 2 reviews". Metacritic. Retrieved March 10, 2017.
Jump up ^ Kilday, Gregg (November 29, 2016). "Satellite Awards Nominees Revealed". The Hollywood Reporter. Retrieved November 29, 2016.
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text:
Facultative anaerobic organism
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Aerobic and anaerobic bacteria can be identified by growing them in test tubes of thioglycollate broth:
1: Obligate aerobes need oxygen because they cannot ferment or respire anaerobically. They gather at the top of the tube where the oxygen concentration is highest.
2: Obligate anaerobes are poisoned by oxygen, so they gather at the bottom of the tube where the oxygen concentration is lowest.
3: Facultative anaerobes can grow with or without oxygen because they can metabolise energy aerobically or anaerobically. They gather mostly at the top because aerobic respiration generates more ATP than either fermentation or anaerobic respiration.
4: Microaerophiles need oxygen because they cannot ferment or respire anaerobically. However, they are poisoned by high concentrations of oxygen. They gather in the upper part of the test tube but not the very top.
5: Aerotolerant organisms do not require oxygen as they metabolise energy anaerobically. Unlike obligate anaerobes, they are not poisoned by oxygen. They can be found evenly spread throughout the test tube.
A facultative anaerobe is an organism that makes ATP by aerobic respiration if oxygen is present, but is capable of switching to fermentation or anaerobic respiration if oxygen is absent.[1] An obligate aerobe, by contrast, cannot make ATP in the absence of oxygen, and obligate anaerobes die in the presence of oxygen.[2]
Some examples of facultative anaerobic bacteria are Staphylococcus spp., Streptococcus spp.,[3] Escherichia coli, Salmonella, Listeria spp.[4] and Shewanella oneidensis. Certain eukaryotes are also facultative anaerobes, including fungi such as Saccharomyces cerevisiae[5] and many aquatic invertebrates such as Nereid (worm) polychaetes.[6]
See also[edit]
Aerobic respiration
Anaerobic respiration
Fermentation
Obligate aerobe
Obligate anaerobe
Microaerophile
References[edit]
Jump up ^ Hogg, S. (2005). Essential Microbiology (1st ed.). Wiley. pp. 99–100. ISBN 0-471-49754-1.
Jump up ^ Prescott LM, Harley JP, Klein DA (1996). Microbiology (3rd ed.). Wm. C. Brown Publishers. pp. 130–131. ISBN 0-697-29390-4.
Jump up ^ Ryan KJ; Ray CG, eds. (2004). Sherris Medical Microbiology (4th ed.). McGraw Hill. pp. 261–271, 273–296. ISBN 0-8385-8529-9.
Jump up ^ Singleton P (1999). Bacteria in Biology, Biotechnology and Medicine (5th ed.). Wiley. pp. 444–454. ISBN 0-471-98880-4.
Jump up ^ Carlile MJ, Watkinson SC, Gooday GW (2001). The Fungi (2nd ed.). Academic Press. pp. 85–105. ISBN 0-12-738446-4.
Jump up ^ Schöttler, U. (November 30, 1979). "On the Anaerobic Metabolism of Three Species of Nereis (Annelida)" (PDF). Marine Ecology Progress Series. 1: 249–54. doi:10.3354/meps001249. ISSN 1616-1599. Retrieved February 14, 2010.
External links[edit]
Facultative Anaerobic Bacteria
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Anaerobic Bacteria and Anaerobic Bacteria in the decomposition (stabilization) of organic matter.
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In the Middle of the Night
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In the Middle of The Night may refer to:
"In the Middle of the Night", song on the album One Step Beyond... by Madness
"In the Middle of the Night", song on the album I Know You're Married But I've Got Feelings Too by Martha Wainwright
"In the Middle of the Night", a song on the 1984 album Close Company by Lou Rawls
In the Middle of the Night (novel), young adult novel by Robert Cormier
In the Middle of the Night (film), Danish film
See also[edit]
The River of Dreams, song by Billy Joel
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This disambiguation page lists articles associated with the title In the Middle of the Night.
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This page was last edited on 25 June 2018, at 14:10 (UTC).
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