Report by NRA-ILA
Last week, President Trump signed into law H.R. 2810, the National Defense Authorization Act for Fiscal Year 2018 (NDAA). Included in the law is a provision long sought by collectors of vintage firearms and militaria that would require military surplus M1911/M1911A1 pistols (1911s) to be made available for sale to the American public. The military currently has some 100,000 excess 1911s sitting in storage at taxpayer expense.
A previous version of the NDAA signed into law by then-President Obama in 2015 authorized, but did not require, the Secretary of Defense to transfer up to 10,000 surplus 1911s per year to the Civilian Marksmanship Program (CMP) for sale to the public. Unsurprisingly, no such transfers were ever made while Obama remained in the White House.
The language in the 2018 NDAA effectively establishes a mandatory pilot program under which at least 8,000 (and as many as 10,000) 1911s would be transferred to the CMP for public sale in 2018. The Secretary of Defense must then report to Congress on the outcome of the program. Thereafter, the Secretary would be authorized to continue transferring up to 10,000 [more] surplus 1911s a year to the CMP for further public sales. READ More about CMP Sales of Vintage 1911 Pistols on NRA-ILA.org.
The Process to Acquire a Military 1911 Pistol
Sales of the surplus 1911 handguns will be handled a bit differently than most other CMP firearms transfers for M1 Garands, M1 Carbines and other vintage rifles. All transfers must go through a local FFL in a face-to-face transaction. In addition, there will be two background checks of the purchaser before the gun can be transfered. The first check is done by the CMP prior to shipping the pistol, while a second check is done by the FFL before releasing the pistol to the customer at the FFL’s place of business. Customers will be limited to one 1911 pistol per calendar year.
Additional CMP Requirements
The CMP has a number of “threshhold” requirements for purchase of a surplus 1911. To acquire one of the CMP 1911s, you must be a U.S. citizens, eligible to receive firearms under federal law, and the laws of your city/state. In addition you must belong to a CMP-affiliated club, and able to provide proof of participation in a marksmanship activity.
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Report by NRA Institute for Legislative Action
On July 14, 2017, the U.S. House of Representatives passed H.R. 2810, the National Defense Authorization Act (NDAA) for Fiscal Year 2018. Included in the bill is a provision that would make U.S. Army surplus model 1911 .45 ACP pistols available to the American public through the Civilian Marksmanship program (CMP).*
In November of 2015, then-President Obama signed the NDAA for Fiscal year 2016 into law with language that authorized the Secretary of Defense to transfer 1911s no longer in service to the CMP for public sale. That language made the transfers subject to the Secretary’s discretion and capped them at 10,000 per year. Unsurprisingly, no actual transfers were made under the program while Obama remained in the White House.
This year’s language, however, would effectively make the transfers mandatory and would remove the yearly cap. Currently, the military has some 100,000 excess 1911s sitting in storage at taxpayer expense. The CMP’s sales of 1911s would be treated as other retail sales under the federal Gun Control Act, including the attendant background checks and point of sale record keeping.
TAKE ACTION TODAY
If you would like to see 1911 sales return to the CMP, please contact your U.S. Senators and Representative and urge them to keep the House language on this matter intact in the final bill they send to the president. You can contact Senators and Representative at 202-225-3121.
* Upon completion of the Senate NDAA, the House and Senate will convene a conference committee to resolve the differences in their bills. Please urge your representatives to retain the House language regarding the 1911s in the final bill.
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The Federal Environmental Protection Agency (EPA) won’t be able to control, regulate, or ban ammunition thanks to provisions in the 2016 National Defense Authorization Act (NDAA) recently signed into law. A clause in the 2016 NDAA amends the Toxic Substance Control Act (TSCA) to preclude the Environmental Protection Agency (EPA) from asserting TSCA authority over ammunition and its component parts. This change is important because anti-hunting organizations have attempted, through legal actions, to force the EPA to to ban traditional ammunition made with lead components.
If the EPA had asserted authority under the TSCA to regulate ammunition, this could have severely impacted the production and distribution of all types of hunting and target ammunition, including pistol ammo, rifle ammo, and even shotshells. The EPA-limiting TSCA amendment contained in the 2016 NDAA was supported by Senate Armed Services Chairman John McCain and House Armed Services Chairman Mac Thornberry.
According to Rep. Jeff Miller (R. Florida): “[T]his common-sense language in the Defense Bill … will clarify, once and for all, that the EPA does not, and should not, have the jurisdiction to regulate traditional ammunition or its components. Enactment of this legislation closes one more window of opportunity for the EPA to overreach its authority while also averting unnecessary and significant cost increases for our military.”
It’s official — the U.S. Army is now authorized to transfer surplus M1911 and M1911A1 .45 ACP pistols to the Civilian Marksmanship Program (CMP) for later sale to the public. This development was the result of language in the 2016 National Defense Authorization Act (NDAA), signed by President Obama on November 25, 2015.
Section 1087 of the 2016 NDAA authorizes the CMP to sell surplus M1911/M1911A1 pistols and related parts/accessories to the public. This is a boon to gun collectors and should help the Army save money on storage for the 100,000 or so M1911 pistols it now stores at the Anniston (AL) Army Depot, near the the CMP’s regional warehouse and store.
Don’t expect an immediate flood of .45 ACP pistols on the market. The Army is not allowed to transfer more than 10,000 pistols per year, and the CMP says it will take a year or more to inspect/grade the pistols and ready them for sale. With roughly 100,000 pistols in Army hands currently, these guns could be available from the CMP for a decade or more. NOTE: This change in Federal law does NOT apply to surplus handguns held by the U.S. Navy, USAF, USMC, or federal law enforcement agencies. In addition, the NDAA does not compel the Army (at the behest of the Secretary of Defense) to commence pistol transfers. That must still be ordered by the Secretary.
Relevant Language from the 2016 NDAA:
‘‘(h) AUTHORIZED TRANSFERS.—(1) Subject to paragraph (2), the Secretary may transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus caliber .45 M1911/M1911A1 pistols and spare parts and related accessories for those pistols that, on the date of the enactment of this subsection, are under the control of the Secretary and are surplus to the requirements of the Department of the Army, and such material as may be recovered by the Secretary pursuant to section 40728A(a) of this title. The Secretary shall determine a reasonable schedule for the transfer of such surplus pistols. ‘‘(2) The Secretary may not transfer more than 10,000 surplus caliber .45 M1911/M1911A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (1) remain available for transfer.’’.
Writing for Ammoland.com, gun expert Dean Weingarten expressed a wish that the language in the NDAA was more open-ended: “I would have thought that the wording could simply have been changed to include surplus ‘pistols’ not just 1911 and 1911A1s. Then surplus .22 caliber trainers, 9mm pistols, and .38 caliber revolvers would also have been available. Perhaps this is the best that the NRA felt [it] could get from this President.”
Story Tip by EdLongrange. We welcome reader submissions.
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A proposed change in Federal law would allow the U.S. Army to transfer vintage M1911A1 pistols to the Civilian Marksmanship Program (CMP) for resale to the public. This would please collectors while saving the U.S. Government $200,000 per year in storage fees. An amendment to the upcoming National Defense Authorization Act (NDAA) includes a plan to transfer the U.S. Army’s remaining stock of .45 ACP M1911A1 pistols to the CMP, including 100,000 highly collectable handguns that predate 1945. The CMP would them inspect, grade, and sell these pistols in the same manner it currently sells M1 Garands and M1 Carbines. The CMP might receive other vintage firearms also.
The amendment allowing transfer of the Army’s vintage pistols was proposed by Congressman Mike Rogers (R-Alabama). Rogers said this “is a common-sense approach to eliminating an unnecessary cost to the Federal government while allowing the very capable CMP to handle the sale of these vintage firearms that otherwise would just sit in storage. This amendment is a ‘win – win’ for the taxpayer… at a cost of roughly $2.00 per pistol per year to store these weapons, we were spending $200,000 a year in perpetuity. This sensible change will save the taxpayers millions over the years to come, as well as aid a great organization [the CMP] that serves the public.”
Rep. Mike Rogers Discusses NDAA Amendment Authorizing CMP Pistol Sales
The amendment to the NDAA (if it becomes law) would authorize the CMP, currently limited to selling .30-caliber and .22-caliber rifles, to receive and sell more types of surplus military firearms. The Army pistols are currently stored at the Anniston Army Depot, located right next door to the CMP’s regional warehouse and store. NOTE: This proposed change in current Federal law would NOT would not apply to surplus handguns now held by the U.S. Navy, USAF, USMC, or federal law enforcement agencies. For more info visit AL.com and WarHistoryOnline.com.
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