Looks like the court is loathe to mess with the NFA, not even allowing for a remand based on NYSRPA.
Kettler v US, Kansas law protecting intrastate firearms vs NFA conviction
- Thread starter Kharn
- Start date
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Looks like the court is loathe to mess with the NFA, not even allowing for a remand based on NYSRPA.
I seem to recall somebody posted the congressional debate and some quotes from the era of the NFA and though they were attempting to ban the debate was that they couldnt "ban" without an amendment instead they could only tax items to make access more costly.
I find it interesting there are constant comments about the "machine gun ban", yet they are not banned at all
OK, Where do I buy a Kriss Vector MG w/ a $200 tax stamp? Some are indeed outright banned.
Are all machine guns banned? did they forcefully confiscate them from the public? Did they specifically state that ALL full autos are illegal?
Or did they opt in recent legislation to cease issuing new tax stamps for any civilian who wants anything mfgd after 1986.... But an FFL 07 mfg for testing purposes can follow a path or two still.
Did they really ban them? I argue the more i think about it that that we as gun owners need to continue to point out to people and the public that machine guns still are not banned, they are still traded, bought and sold daily and consumers have to go through the process, raising awareness that there is not a bad but instead a legislative barrier preventing the original mechanisms of the NFA from being used.
Your point of one model not being currently available is well taken but i hope some day the argument can be made that the NFA mechanisms for full auto were narrowly tailored and were not an outright ban.
The hughes amendment is a recent ban on new mfg and yet the full auto items from 1800-1986 still remain in circulation and in public use. If they really were dangerous and unusual why didnt they remove all from circulation? which way is it? government cant call it both but they are...... time will tell when that question finally finds a receptive court
xKtF
Member
- Nov 5, 2018
- 69
Does anyone think trump comments or the shooting had anything to do with them denying it?
No. They deny virtually ALL such cases, all the time. And there are already some key 2A things dangling - like NYSRP, with cert. This doesn't really surprise me.
Kharn
Ultimate Member
It was a criminal case, so it started with virtually no chance. The petitioner failed to mention Caetano once, when that case probably would have been his best bet, and other strategy choices that turned his briefs into (IMO, IANAL) garbage. Then the feds stuck hard to the federal law violation, ignoring the KS state law issue, and pressing on the lack of circuit split, bam, cert denied.
