Oral Arguments in Texas Silencer Case at Fith Circuit, New Orleans, 9:00 a.m. Wednesday, May 1

Fifth Circuit, vanity | April 29, 2024 | Marktwain

[marktwain]

The oral arguments in the Paxton v Dettelbach case, will be heard at the Fifth Circuit Courthouse in New Orleans on Wednesday morning at 9:00. Texas AG Ken Paxton is challenging the power of the federal government to tax and require serial numbers on homemade silencers which are made and stay in Texas.

The case is bolstered by the Bruen decision at the Supreme Court. Paxton says silencers are protected under the Second Amendment, the Tenth Amendment, and the Fourteenth Amendment, and there is no historical tradition requireing American citizens to serialize and pay a $200 tax to exercise their Second Amendment rights to keep and bear arms.

The federal Goverment says Paxton and the three individual plaintiffs have no standing. The Fifth circuit is going to hear the oral arguments on standing.

There will be a livestream of the oral arguments.

Here is a link to the Fifth Circuit web page which explains the livestream and the link.

https://www.ca5.uscourts.gov/docs/default-source/default-document-library/april-29---may-1-oral-argument-links.pdf?sfvrsn=f14fc92d_0

[marktwain]

Having trouble posting the link. I will repost it below

[nevadapatriot]

>no historical tradition requireing American citizens to serialize and pay a $200 tax

Not sure about this, most certainly have had to pay to play for as long as I can remember, whether you buy it or make it officially, have to pay the tax

[marktwain]

Link to Fifth Circuit page for livestream at bottom of page for the West Courtroom Stream.

May 1, 2024, at 9:00 New Orleans time, each side gets 20 minute presentation, but sometimes the judges drag things out.

[marktwain]

Not sure about this, most certainly have had to pay to play for as long as I can remember, whether you buy it or make it officially, have to pay the tax

For Second Amendment matters, history after 1868 is of marginal consequence. The Supreme Court says nothing after 1900 is germane to Second Amendment issues.

[Svartalfiar]

The federal Goverment says Paxton and the three individual plaintiffs have no standing. The Fifth circuit is going to hear the oral arguments on standing.

When the government makes this argument, they should be required to also say who they think would have standing. And really, the States should have standing on any issue.

[marktwain]

The Biden administration say it is a tax matter, and they cannot have standing until they apply for a tax stamp and are denied.

The plaintiffs contend the requirement to apply, pay for a tax stamp, and submit to serial number requirements *are* infringements which constitute irrevocable harm,and thus they have standing.