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Fresh Hell, Increase the NFA stamp tax

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  • Axxe55

    Retiretgtshit stirrer
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    Dec 15, 2019
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    Lost in East Texas Elhart Texas
    Charlie, your knowledgable friends are higher than a kite. Kansas did this a few years ago and some dudes who tried it out wound up in a federal pound-you-in-the-àss prison. IIRC,
    SCOTUS declined to hear the case without comment.

    Best of my recollection the SCOTUS never heard the case. The 10th Circuit Appeals Court upheld the conviction of both men. They also said in their decision, that the courts found leniency when sentencing because of the state law that Kansas passed.
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    Texasjack

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    Jan 3, 2010
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    Occupied Texas
    The only smart think Karl Marx ever said:

    “Under no pretext should arms and ammunition be surrendered; any attempt to disarm the workers must be frustrated, by force if necessary”


    Sent from my iPhone using Tapatalk
    He was referring to communists. Today, this might read, "...any attempt to disarm Antifa must be frustrated..."
     

    Dawico

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    Oct 15, 2009
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    In practical terms, nothing. However, in legal terms, there's a huge difference. The NFA continues to exist because it doesn't infringe on the 2A (so the theory goes) but merely levies a few taxes and sets up all the mechanisms to do that.

    In reality, of course the NFA is a 2A infringement. The $200 tax is an infringement. But U.S. v Miller was a long time ago and no one wants to fire up a new case unless they can get the right set of circumstances.

    So what happens if the $200 is changed to $300? Legislative intent becomes an issue and may form the basis for litigation. If the good guys can go to court to say "Look, this money is being charged simply to deny 2A rights. We've got the politicians who voted for it on record as saying they want to use it for this purpose." then a court may decide that the whole notion of taxing a right is a bad idea.

    From there, we would get to argue over what right is guaranteed by the 2A. That's when it'll be time to invoke precedent - U.S. v Miller. In that (imo, absolutely wonderful) ruling, the court said that sawed-off shotguns had not been shown to be valid military equipment and, therefore, were not protected by the 2A. Their reasoning was that the 2A protects weapons in common use by the military. Their conclusion was terrible simply because the case for Miller was presented in a comedically incompetent manner.

    But if we can get back to court on a similar question, we can do better. We can show that assault rifles and short-barrelled long guns are standard infantry equipment. We, the believers in the 2A, can shove U.S. v Miller in their faces and try to force them to follow the reasoning of that ruling. If we're successful at that, the NFA will cease to exist.

    Yeah, that's probably all a pipe dream but, hey, sometimes I like to dream.
    Maybe I'm thinking incorrectly but I fear it would go the other way.

    The NFA would be deemed purely a tax law and the .gov could do whatever they want.

    Obamacare comes to mind. I thought for sure it would get squashed there.
     

    Charlie

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    'Top of the hill, Kerr County!
    Well,..................... from what I can gather, the "in state manufacturing of suppressors" doesn't mean crap to the ATF, so I think I'll throw the "manufactured in state idea so everything is OK" out the window. Thanks for the responses.
     

    Axxe55

    Retiretgtshit stirrer
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    Dec 15, 2019
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    Lost in East Texas Elhart Texas
    Well,..................... from what I can gather, the "in state manufacturing of suppressors" doesn't mean crap to the ATF, so I think I'll throw the "manufactured in state idea so everything is OK" out the window. Thanks for the responses.

    It's a novel idea, but in reality, the Kansas case showed it wasn't reality.

    Now if a state seceded the Union, it might have some actual merit and standing.
     

    Wood2Dust

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    Dec 25, 2017
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    Baltimore MD
    On 8Apr21, Rep Jamie Haskin introduced a bill to the House that would increase the cost of NFA stamp 50% from $200 to $300. Coincidence that just as the Biden bunch wants to turn braced pistols to SBRs, a bill is introduced to raise the tax stamp? I think not.


    Jamie Raskin (Ratskin). Mfer.

    I’m proud to have had a shouting match with him before he got elected to Congress after a gun violence meeting. He was an ass then, and still is.


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