NFA challenged United States v Hoover
- Thread starter hooligan82
- Start date
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I just filled out several 5320.20 forms to let the ATF I may temporarily relocate an SBR to any of 4 other states.
I would be curious to see where the historiCal analog is for that silly requirement? Seems like easy pickings to chip away at the NFA.
Despite flying with them many times, no one has ever asked to see my ATF paperwork.
The world is my anus!!!
Mike OTDP
Ultimate Member
- Feb 12, 2008
- 3,324
Agree 100%.
I already have a tax stamp to prove I paid the tax.
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,650
So… you R in fat you ate Ted by Uranus.
While I agree that going after NFA/GCA with shoddy arguments will reduce the chances we get a favorable outcome, I disagree that you must take a piecemeal approach. NFA/GCA/FOPA have all been unconstitutional since the instant of their passing into law. This means decades of deprivation of constitutional rights. SCOTUS even recognized this in Miller (1939) which was decided on the notion that sawed-off shotguns have no valid application in an active combat/warzone situation, and therefore are not at the core of the Second Amendment.
What Bruen (2021) does is expand it further to say that - core or not - the Second Amendment is a critical piece of our constitutional republic and therefore any implication of the right protected in 2A must be truly extraordinary and grounded in the nation's history. As Miller (1939) effectively admits, certain firearms are even more intrinsically linked to the core reasoning behind the 2A and those are precisely the firearms heavily restricted/banned under NFA/GCA/FOPA.
Toss out the registry, toss out the tax stamps (cannot tax constitutional rights per Virginia State Board of Elections, 383 U.S. 663 (1966)), toss out registration, and toss out all the rest of it. We've spent a century ceding ground in every single case where gun rights were in question. This is our time now. Annihilate NFA/GCA/FOPA while we have the chance. Alan Gura should be the one arguing all these cases before the SCOTUS and we should be making him a millionaire 100 times over for his troubles.
So....no more Mr. Nice Guy?
KevinK
Ultimate Member
Co-Counsel for Hoover, Matt Larosiere, was on Nick Rekeita's YouTube stream the other night. Talks about this case, Bruen, and a bunch of other good stuff. His intro's the best.
He points out that the NFA has never meaningfully been challenged on constitutional grounds. Miller also isn't as unhelpful as many think it is.
He points out that the NFA has never meaningfully been challenged on constitutional grounds. Miller also isn't as unhelpful as many think it is.
I've always felt Miller is a diamond in the rough.
Government response: https://storage.courtlistener.com/recap/gov.uscourts.flmd.398039/gov.uscourts.flmd.398039.103.0.pdf
www.courtlistener.com
United States v. Ervin, 3:21-cr-00022 - CourtListener.com
Docket for United States v. Ervin, 3:21-cr-00022 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
Rep. Crawthorn of NC just filed a bill to repeal the NFA. Unlikely it goes anywhere.
But at least it's something, negative Nancy. Do you suffer from BGOS?
LOL. Just a Maryland resident. FYI, I'm glad it got filed, but I also realize who's in power. And, Crawthorn is not returning to Congress
