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Old 09-25-2022, 07:44 AM
 
15,296 posts, read 7,334,822 times
Reputation: 19222

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Quote:
Originally Posted by Roboteer View Post
The 1934 NFA (National Firearms Act) was first brought to a District Court in northern Arkansas in the case US v. Miller. The firearm in question in this case, was a short-barreled shotgun the Miller had purchased for $5.00. Later he brought it across a state line, without getting the forms and paying the tax ($200.00!!) required by the NFA.

It took the judge 20 minutes to decide that the NFA was clearly NOT a tax bill, but a deliberate attempt to prevent sales and other transfers of firearms from person to person. He declared the NFA unconstitutional.

The U.S. Govt immediately took the case directly to the Supreme Court. Miller and his lawyer failed to show up for the trail, so the Justices rubber-stamped some lies into the record and overturned the District Court's judgement.

ON EDIT:
Congress's power to regulate interstate commerce is codified in the body of the original Constitution. The 2nd amendment (and the rest of the Bill of Rights) were added approx. 10 years later. Since it came later as an amendment, it modified sections of the Constitution to which it applied. One of those sections was the language declaring that Congress had the power to regulate IC.

Once the BOR was ratified, Congress still had the power to regulate IC... as long as its regulation did not violate the right of the people to keep and bear arms. The 1934 NFA clearly did exactly that, charging a $200 tax on a purchase that cost $5. The intention of the NFA was clearly to infringe the right or keep and bear arms by preventing the large majority of sales or other transfers of firearms, not merely to raise revenue. And that made it unconstitutional.
Since SCOTUS overruled the District Court, the District Court decision is irrelevant. Miller should have shown up for the oral arguments, even if he was dead. That's how it works. NFA is a tax law. Period.

And no, the 2nd Amendment does not override the Commerce Clause. The Federal Government can still regulate the transport of firearms in interstate commerce, prohibit firearms from being sold by mail order, etc, etc.
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Old 09-27-2022, 07:27 AM
 
Location: New York Area
34,744 posts, read 16,767,477 times
Reputation: 29878
Quote:
Originally Posted by Kristinas_Cap View Post
do the inner city gangsters feel remorse about all the death they cause? who cares, right? the constitution doesn’t care about your emotions and mental gymnastics. it doesn’t care what prosecutors do or don’t do. it doesn’t care about racist vigilantes. it doesn’t care about the victims of gun violence…and it shouldn’t. the founders knew that an armed populace was important for many reasons. it’s my constitutional right to own guns. i can have no guns, or many guns. just because you think it will be a problem for me in some way is irrelevant.
Further to that point inner city gangsters are oblivious to any law at all. Contrary to that point, however, is the fact that a gun law violation provides a method of imprisoning people whom, for whatever reason are acquitted of the underlying murder or attempted murder charge. In the Bronx, I don't remember how long ago, someone was acquitted by a jury of shooting a police officer but convicted on the gun charge. So bottom line, I am totally conflicted on these issues.
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Old 09-27-2022, 08:06 AM
 
Location: The South
7,476 posts, read 6,222,489 times
Reputation: 12981
Quote:
Originally Posted by Pope of Greenwich Village View Post
NYC here, I carried illegally for protection back in the bad old days and I’m about ready to do it a second time now that the wild bunch is free to kill once again. 2A is still the law. I don’t gaf what the mayor says. He’d probably give his police chief a secret fist-bump if another garden-variety-white-guy like me gets bumped off in a carjacking. Fk that sht. I’m ready to step up to the plate like Bernie G.
"You seem to be all right, here's another"
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Old 09-27-2022, 12:32 PM
 
Location: Tyler, TX
23,660 posts, read 23,982,865 times
Reputation: 14992
An update on Duncan v Bonta, which challenges California's magazine capacity limit. Magazine capacity limits are about to go the way of the dinosaur.

Another domino is falling. Bruen has truly reset the game.

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Old 09-27-2022, 01:04 PM
 
Location: SF Bay Area
6,943 posts, read 3,608,538 times
Reputation: 4986
Quote:
Originally Posted by swagger View Post
An update on Duncan v Bonta, which challenges California's magazine capacity limit. Magazine capacity limits are about to go the way of the dinosaur.

Another domino is falling. Bruen has truly reset the game.
The state will use their 45 days and the 9th will do whatever they can to delay and obstruct, but the writing is on the wall: standard-capacity magazine bans are done.

I read that perhaps 1 million mags were sold in California during Freedom Week.

SB23 is next.
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Old 09-27-2022, 05:37 PM
 
29,179 posts, read 14,465,656 times
Reputation: 14322
So, anyone know what the status of the AR pistol brace ban is ? Haven't heard anything new on that.
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Old 09-27-2022, 05:43 PM
 
Location: San Diego
50,153 posts, read 46,811,218 times
Reputation: 33984
Quote:
Originally Posted by mattja View Post
The state will use their 45 days and the 9th will do whatever they can to delay and obstruct, but the writing is on the wall: standard-capacity magazine bans are done.

I read that perhaps 1 million mags were sold in California during Freedom Week.

SB23 is next.
Lefters need to focus on crime not law abiding.
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Old 09-27-2022, 06:49 PM
 
17,422 posts, read 13,200,337 times
Reputation: 32782
Quote:
Originally Posted by zach_33 View Post
No wonder gun homicides are off the chain.
Those are stolen or illegally purchased guns for the most part
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Old 09-27-2022, 07:12 PM
 
Location: Tyler, TX
23,660 posts, read 23,982,865 times
Reputation: 14992
Quote:
Originally Posted by scarabchuck View Post
So, anyone know what the status of the AR pistol brace ban is ? Haven't heard anything new on that.
There's been news lately on that. Most recently today.

Another recent SCOTUS decision - West Virginia v EPA - could do some serious damage to the ATF's ability to be buttholes. I think the nuances of that are too much for this board, though, so I don't really talk about it here.

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Old 09-28-2022, 05:52 AM
 
29,179 posts, read 14,465,656 times
Reputation: 14322
Quote:
Originally Posted by swagger View Post
There's been news lately on that. Most recently today.

Another recent SCOTUS decision - West Virginia v EPA - could do some serious damage to the ATF's ability to be buttholes. I think the nuances of that are too much for this board, though, so I don't really talk about it here.
Hopefully it doesn't happen. Decisions would have to be made, NFA Trust or just pay the tax stamps for SBR's. And MI's laws will complicate it even more.
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