The 1986 Machinegun ban, the 1968 GCA and the 1934 NFA are all unconstitutional.
And to top it all off, the 1986 machine gun ban wasn't even passed. It was illegally recorded in the registry as though it had passed.
“The 1986 Machinegun ban, the 1968 GCA and the 1934 NFA are all unconstitutional.”
Don’t forget, the NRA proudly backed each of those laws.
They should all be a State’s Rights issue…
Indeed. These 2 cases need to be cited in briefs before the court.
United States v. Dalton (1991)
Tenth Circuit Court of Appeals
This is one of the most important, though little known appellate court decisions concerning the second amendment in recent years. This decision basically struck down the 1934, 1968 and 1986 gun control acts. It was not appealed by FedGov, I assume because a loss of this magnitude at the Supreme Court level would have been devastating to all federal gun control laws.
U.S. v. Rock Island Armory( 1991)
Similar to the Dalton case above, this case would be extremely important to gun owners if only people knew about it. It held that the National Firearms Act was "originally passed as a taxing statute". Since Fedgov is not allowing citizens to purchase weapons covered under the act (machine guns and the like) because they will not allow them to purchase new tax stamps for them, they have effectively removed the 'tax nexus' from the act, which is what made it constitutional in the first place. Therefore, the entire house of cards of gun control at the federal level is struck down. That would include the 1934, 1968, and 1986 gun control acts.
Why hasn't the NRA informed you of something this important?