The legislation isn't changing. The federal regulation is (probably) changing. The reason the regulation can change without Congress doing anything is because that's the way Congress wrote the law. The actual text of the NFA is 26 USC Chapter 53. The relevant part for transfers is 26 USC 5841(c), which states:APynckel wrote:Why have we allowed someone to change legislation at his whim w/o the support of congress? He doesn't have this power.
Emphasis mine. Congress often writes law that specifies broad powers but then leaves the details up to the agency that's tasked with implementing and/or enforcing the law.(c) How registered
Each manufacturer shall notify the Secretary of the manufacture of a firearm in such manner as may by regulations be prescribed and such notification shall effect the registration of the firearm required by this section. Each importer, maker, and transferor of a firearm shall, prior to importing, making, or transferring a firearm, obtain authorization in such manner as required by this chapter or regulations issued thereunder to import, make, or transfer the firearm, and such authorization shall effect the registration of the firearm required by this section.
On a slightly different angle, Tennessee and Alaska have state laws that require state and/or local CLEOs to sign off on form 1 & 4's submitted to them, as long as the person submitting the form isn't a prohibited possessor. Assuming this regulation change goes through, I think a similar law would be a good thing for the TSRA to push in the next TX legislative session. Unfortunately we'd have to wait two years in the best case, but it is a possible solution for us in Texas at least.