Congress has deemed the possession of certain firearms and the possession of any firearms by certain individuals to be so "dangerous" as to warrant criminal charges. The most commonly encountered categories of prohibited weapons are: machine guns, short-barreled shotguns and rifles, hideable guns, destructive devices and prohibited ammunition. Congress originally "regulated" possession of these types of firearms by use of the tax-based approach adopted in the 1934 National Firearms Act based upon the Commerce Clause. In 1986, however, Congress abandoned this "regulatory" approach in favor of prohibiting possession of certain types of firearms.
The firearm need not be operational or loaded to satisfy the definition of a firearm. In fact, receipt, possession or transportation of firearms is unlawful whether or not the firearm is operable, or indeed whether or not the item is complete.
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