Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Could a Little-Known Federal Case Against a YouTube Celebrity Result in the Overturn of the 1934 National Firearms Act?
USSA News ^ | July 12, 2022 | Constitutional Nobody

Posted on 07/18/2022 6:17:38 AM PDT by Pontiac

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-82 next last
To: Campion

I’m pretty sure the 1st amendment issue was pretty well covered already with the advent of 3D printer software.

but you’re correct there is no difference between this etched aluminum card and the Patent drawings the government itself publishes on the internet.


41 posted on 07/18/2022 7:58:50 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit)
[ Post Reply | Private Reply | To 17 | View Replies]

To: marktwain

“The Thompsons and BARs were very expensive and uncommon. Most used by criminals were stolen from police or national guard armories.”

IIRC the BAR used by Clyde Barrow was one he had stolen from a police department somewhere along the way.


42 posted on 07/18/2022 7:59:49 AM PDT by oldvirginian (The CCP is the world's largest criminal organization. )
[ Post Reply | Private Reply | To 5 | View Replies]

To: dynachrome

0% receiver!


43 posted on 07/18/2022 8:16:29 AM PDT by Still Thinking (Freedom is NOT a loophole!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Nailbiter

fl8r


44 posted on 07/18/2022 8:19:22 AM PDT by Nailbiter
[ Post Reply | Private Reply | To 40 | View Replies]

To: dynachrome

“A block of aluminum is a ‘ghost gun’ by those definitions.”

The ATF thinks that a piece of tubing is ‘bomb making materials’.


45 posted on 07/18/2022 8:22:47 AM PDT by dljordan
[ Post Reply | Private Reply | To 3 | View Replies]

To: marktwain

Yep, I think that the Sc will uphold the NFA stating that automatic firearms weren’t “in common use” at the time.

We noted that, “[l]ike most rights, the right secured by the Second Amendment is not unlimited.” Id., at 626. “From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” Ibid. For example, we found it “fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons’ ” that the Second Amendment protects the possession and use of weapons that are “ ‘in common use at the time.’ ”

But I also think that Justice Thomas will dissent because in the Bruen case he wrote:

(3) The test that the Court set forth in Heller and applies today requires courts to assess whether modern firearms regulations are consistent with the Second Amendment’s text and historical understanding. Of course, the regulatory challenges posed by firearms today are not always the same as those that preoccupied the Founders in 1791 or the Reconstruction generation in 1868. But the Constitution can, and must, apply to circumstances beyond those the Founders specifically anticipated, even though its meaning is fixed according to the understandings of those who ratified it. See, e.g., United States v. Jones, 565 U. S. 400, 404–405. Indeed, the Court recognized in Heller at least one way in which the Second Amendment’s historically fixed meaning applies to new circumstances: Its reference to “arms” does not apply “only [to] those arms in existence in the 18th century.” 554 U. S., at 582.


46 posted on 07/18/2022 8:24:59 AM PDT by Blood of Tyrants (Inside every leftist is a blood-thirsty fascist yearning to be free of current societal constraints.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: PROCON

However, it would make me just as happy to overturn the 1986 machine gun ban.


47 posted on 07/18/2022 8:26:53 AM PDT by Blood of Tyrants (Inside every leftist is a blood-thirsty fascist yearning to be free of current societal constraints.)
[ Post Reply | Private Reply | To 31 | View Replies]

To: ShadowAce

I’d even go as far as the ore pulled from the ground. It just depends how much effort is required to define something as a “ghost gun.”
= = =

And if you are even visualizing doing this, your brain is now a ‘ghost gun’.

On a side note, about 1/2 of the population already has ghost brains.


48 posted on 07/18/2022 8:27:24 AM PDT by Scrambler Bob (My /s is more true than your /science (or you might mean /seance))
[ Post Reply | Private Reply | To 20 | View Replies]

To: Blood of Tyrants; All
They will not have to hold on the NFA.

Easier for them to hold against the ATF for exceeding its authority on rules to violate both First and Second Amendments, without ever mentioning the Constitutionality of the NFA.

Easy way for them to avoid ruling on the NFA directly.

49 posted on 07/18/2022 8:27:49 AM PDT by marktwain
[ Post Reply | Private Reply | To 46 | View Replies]

To: Blood of Tyrants
However, it would make me just as happy to overturn the 1986 machine gun ban.

That would be the next level up. A total ban on sales of machine guns to the public is much more recent than 1934.

Definitely possible. There might be a lawsuit possibility there, specifically to invalidate the 1986 law.

50 posted on 07/18/2022 8:30:12 AM PDT by marktwain
[ Post Reply | Private Reply | To 47 | View Replies]

To: Pontiac

Bump


51 posted on 07/18/2022 8:40:54 AM PDT by Jet Jaguar
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Matt Hoover gets a
Thumbs Up !!
.
Found Him 3 yrs ago and
Enjoyed his Channel.
Good Luck,MATT!


52 posted on 07/18/2022 8:46:10 AM PDT by Big Red Badger (We Are JONAH)
[ Post Reply | Private Reply | To 50 | View Replies]

To: marktwain

That’s what I expect. They might be willing to slap down the ATF for exceeding its authority, but I don’t see them overturning the 1934 NFA. And they might be willing to overturn the Volkmer-McClure machine gun ban.


53 posted on 07/18/2022 8:53:25 AM PDT by Blood of Tyrants (Inside every leftist is a blood-thirsty fascist yearning to be free of current societal constraints.)
[ Post Reply | Private Reply | To 49 | View Replies]

To: Pontiac

The NFA is yet another law that is completely unconstitutional. It must be rejected by the Thomas court.


54 posted on 07/18/2022 8:56:15 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pontiac

Bttt.

5.56mm


55 posted on 07/18/2022 9:02:54 AM PDT by M Kehoe (Quid Pro Joe and the Ho got to go.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Scrambler Bob

https://youtu.be/li2bP4nMrJQ


56 posted on 07/18/2022 9:04:27 AM PDT by JusPasenThru (Prepare for the Rat false flag mass shooting diversion.)
[ Post Reply | Private Reply | To 48 | View Replies]

To: Blood of Tyrants
That’s what I expect. They might be willing to slap down the ATF for exceeding its authority, but I don’t see them overturning the 1934 NFA. And they might be willing to overturn the Volkmer-McClure machine gun ban.

Those are both easier bites to swallow, instead of knocking down the complete NFA.

If the Volkmer-McClure ban on purchases goes, I see an accelerating takedown of he NFA, increment by increment.

57 posted on 07/18/2022 9:06:07 AM PDT by marktwain
[ Post Reply | Private Reply | To 53 | View Replies]

To: Yo-Yo

And how those taxes aren’t the equivalent of a poll tax, I’ll never know.


58 posted on 07/18/2022 9:17:18 AM PDT by FreedomPoster (Islam delenda est)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Pontiac
It's may have...
59 posted on 07/18/2022 9:21:56 AM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
[ Post Reply | Private Reply | To 36 | View Replies]

To: All

good topic, informative but poorly written article


60 posted on 07/18/2022 9:22:58 AM PDT by SteveH (.all)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-82 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson