Jeffrey A. Setaro

Political & Cultural Commentary from a Constitutional Conservative.

Bill O’Reilly: Pinhead

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Yeah, I said it, and I mean it… Bill O’Reilly is a pinhead.

I’m a little late getting to this, but I can’t let this ill-informed rant by Mr. O’Reilly pass without comment. Look I’m not a Bill O’Reilly fan, I think he’s the worst kind of self-important, self-righteous, populist bully and, as this video clip shows, when it comes to gun control, he doesn’t know what the hell he’s talking about:


Wow, never let the facts get in the way of good rant… There’s so much stupid on display there I’m not sure where to start. First of all the National Firearms Act, which was passed in 1934 strictly regulates the sale or transfer of so called “heavy weapons” you can not legally buy a functioning machine gun, bazooka, howitzer or a host of other “Destructive Devices” without the Bureau of Alcohol, Tobacco, Firearms, and Explosives knowing about it:

Q: The types of firearms that must be registered in the National Firearm Registration and Transfer Record are defined in the NFA and 27 CFR, Part 479. What are some examples?

Some examples of the types of firearms that must be registered are:

  • Machine guns;
  • The frames or receivers of machine guns;
  • Any combination of parts designed and intended for use in converting weapons into machine guns;
  • Any part designed and intended solely and exclusively for converting a weapon into a machine gun;
  • Any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person;
  • Silencers and any part designed and intended for fabricating a silencer;
  • Short-barreled rifles;
  • Short-barreled shotguns;
  • Destructive devices; and,
  • “Any other weapon.”

A few examples of destructive devices are:

  • Molotov cocktails;
  • Anti-tank guns (over caliber .50);
  • Bazookas; and,
  • Mortars.

A few examples of “any other weapon” are:

  • H&R Handyguns;
  • Ithaca Auto-Burglar guns;
  • Cane guns; and,
  • Gadget-type firearms and “pen” guns which fire a projectile by the action of an explosive.

[26 U.S.C. 5845]

Q: How can an individual legally acquire NFA firearms?

Basically, there are 2 ways that an individual (who is not prohibited by Federal, State, or local law from receiving or possessing firearms) may legally acquire NFA firearms:

  1. By transfer after approval by ATF of a registered weapon from its lawful owner residing in the same State as the transferee.
  2. By obtaining prior approval from ATF to make NFA firearms.

[27 CFR 479.62-66 and 479.84-86]

Q: What is the tax on making an NFA firearm?

The tax is $200 for making any NFA firearm, including “any other weapon.”

Q: How is this tax paid?

A money order or check made payable to the Bureau of ATF together with the application forms are to be mailed to the Bureau of ATF, NFA Branch.

Second, contrary to Mr. O’Reilly claim you can’t walk into a gun show and buy pretty much anything without anyone knowing about it… If you buy an otherwise uncontrolled firearm (i.e., the typical semi-automatic pistols or rifles most people buy) from a licensed dealer you are subject to a mandatory background check and must complete ATF Form 4473 regardless of whether it’s purchased in gun store or at gun show. The exception, the so called “gun show loophole” is that transfers between private individuals are not regulated by the federal government so there’s no federally mandated background check or transfer paperwork required. Those transfers are still subject to state and local regulations though, which may require a background check and transfer paperwork… That’s the case here in Connecticut.

Third the idea that the FBI has resources to investigate everyone who makes bulk purchases of ammunition is a populist fantasy… The FBI, like every other law enforcement agency has finite resources, they simply can’t investigate everyone who buys 6,000 rounds of ammunition (you’d need a fork lift to move the 60,000 rounds ammunition Mr. O’Reilly was ranting about BTW).

Finally, no law can stop a fanatic, or crazy person, from committing horrific acts of violence, anyone thinks they can is deluding themselves.

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