Posted on 02/17/2006 11:16:14 AM PST by SonofLiberty1
Is it my imagination or did I read somewhere that ATFE has been moved from Treasury to Justice?
Gotta love those super sensitive primers they use to induce "slam-fire" in semi-auto's, then arrest the owner for having an "illegal machine gun".
Several victims, and a proven strategy for ATFE when they want to "get" some one.
Press eats it up too.
Keep counting, to infinity will not be enough, but it will occupy your time!
When it comes to our RKBA those organizations support an edited version of the constitution.
ATFE duties were split.
The taxing authority is still under treasury.
Running the gun control act, abusing dealers, making it difficult for citizens to buy the guns they want, etc., is now under DOJ and AG Gonzo
What's so sad is that you feel you have to qualify your remarks these days, "I am not one of those 'militia' freaks." The government, the left and the leftist media have all painted law abiding citizens exercising their second amendment rights as dangerous militia freaks with deadly arsenals.
There's only one reason why one would not want another to be able to defend themselves...
The GOA is just such an organization. They want ALL unConstitutional gun laws gone. Not just being "allowed" to "register" to marginally exercise a Right.
I'm aware of his shennanigans. The entire administration isn't really very friendly to the RTKBA.
I'm increasingly of the opinion that our entire government from the top down to the local level needs a low level format to wipe the slate clean.
Repealing the ENTIRE NFA-34 is seen as virtually impossible after sixty years of constant propaganda supporting it.
Getting the public to accept that it must be administered in a fair and even handed manner appears very possible, but still not easy.
You know the old saying, about half a loaf being better than none.
I believe we have the transcripts of both cases posted in our "resources" section.
We don't have much of a "chat board", but we are probably the best source on the web for PDF files of original documents regarding ATF/E and NFA issues.
It takes a fair amount of time to sort through the available evidence, but if anyone takes the time they cannot honestly conclude that ATFE should not be revamped, and many of it's people fired or prosecuted.
Relevant quotes from Dalton:
Finally, the government argues that the Gun Control Act, of which section 922(o) is a part, should not be viewed as repealing the National Firearms Act, citing a provision of the Gun Control Act passed in 1968 to that effect. The court in Rock Island Armory rejected the same government argument, observing that "the 1968 Congress cannot bind the Congress of 1986, which decided to ban transfer and possession of machineguns. P.L. 99-308, 100 Stat. 453 (May 19, 1986). Further, a Congressional declaration in 1968 does not solve a constitutional problem which arose in 1986. The ban enacted in 1986 and the government's refusal to accept registrations and tax payments, simply left the registration requirements with no constitutional basis."
The government is correct that a statute is repealed by implication only when that statute and a later statute are irreconcilable. See, e.g., Morton v. Mancari, 417 U.S. 533, 549-51 (1974). In our view, however, that is exactly the situation here. Sections 5861(d) and (e) punish the failure to register a machinegun at the same time that the government refuses to accept this required registration due to the ban imposed by section 922(o). As a result of section 922(o), compliance with section 5861 is impossible.
Accordingly, we vacate Dalton's conviction and reverse with instructions to dismiss the indictment. In so doing, we recognize that the illegal possession of a machinegun is a most serious matter. However, it is precisely because this conduct raises such grave concerns that the government must exercise its prosecuting responsibility with care. The decision to proceed under an inapplicable statute has resulted in a constitutionally infirm conviction. VACATED AND REMANDED.
And from U.S. v RIA:
The enactment of 18 U.S.C. sec. 922(o) in 1986 removed the constitutional legitimacy of registration as an aid to tax collection. This is because the government interprets and enforces sec. 922(o) to disallow registration, and refuses to collect the tax. Farmer v. Higgins, 907 F.2d 1041, 1042-44 (11th Cir.1990), cert. denied, - U.S. - , III S.Ct. 753, 112 L.Ed.2d 773 (1991). Thus, sec. 922(o) undercut the constitutional basis of registration which had been the rule since Sonzinsky.
Finally, the prosecution quotes an enactment passed in 1968 that the provisions of Title I of the Gun Control Act shall not modify or affect the National Firearms Act. (Footnote 15) However, the 1968 Congress cannot bind the Congress of 1986, which decided to ban transfer and possession of machineguns. P.L. 99-308, 100 Stat. 453 (May 19, 1986). (Footnote 16) Further, a Congressional declaration in 1968 does not solve a constitutional problem which arose in 1986. The ban enacted in 1986, and the government's refusal to accept registrations and tax payments, simply left the registration requirements with no constitutional basis. It is the duty of the judiciary to declare such laws unconstitutional. Marbury v. Madison, I Cranch. 137, 176-77, 2 L.Ed. 60 (1803).
In sum, since enactment of 18 U.S.C. sec. 922(o), the Secretary has refused to accept any tax payments to make or transfer a machinegun made after May 19, 1986, to approve any such making or transfer, or to register any such machinegun. As applied to machineguns made and possessed after May 19, 1986, the registration and other requirements of the National Firearms Act, Chapter 53 of the Internal Revenue Code, no longer serve any revenue purpose, and are impliedly repealed or are unconstitutional. Accordingly, Counts l(a) and (b), 2, and 3 of the superseding indictment are DISMISSED
She looks a lot better after losing all that weight. I am sure that if you were extremely rich it would be no problem to get her to lose the pants.
If against our Rights, then that course would be set as well. Not a happy course, but at least it would be final.
Well here you go, Democrats supporting the people's right to keep and bare arms. Go figure.
I'll bet the people leading the ATF are Clinton holdovers that Bush should have canned just like he should have canned the DOJ lawyers in brought in his men.
What if you purchased a gun prior to becoming a Mass resident? Does Assachusetts require the registration of all guns owned by its residents?
I used to live in (The Peoples Republic of) New Jersey, which is a lousy place to be a gun owner, and even it didn't/doesn't have such a requirement - of course, you can't own an "assault weapon" but that's a different subject. I could go back to NJ with a bunch of handguns that I bought while a non-resident, and not need to register any of them (but if I wanted a new one, I'd need the approval of the local PD). There's little liberty there, but it isn't a total tyranny (though that's being worked on, diligently).
They specify "unregistered". I don't know if registered in another state is good enough. If you are a Mass. resident, you'd best get it registered here pronto. I'm sure the local constabulary would have yer ass at that point.
If a US government action is taking place that involves a US citizen, or MAY involve a US citizen, a warrant should be mandatory. PERIOD.
If we bend on this, why not bend on the right to a speedy trial, or due process? Heck, let's just do away with the standards of the Constitution all together and just jail anyone that whomever is in power deems a threat.
Mike
POWs deserve a speedy trial?
Respectfully, you confuse civil acts with acts of war.
Again: when a person in Germany, who is not a citizen of the U.S. calls people, which U.S. judge has the authority to grant a warrant to wiretap? None. This is foreign policy. That he happens to call someone in the U.S. from time to time, should not make him immune to military surveillance.
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