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To: rktman

The Second Amendment is absolute.

#1 and #2 make it all about the Money, THE $200 Tax Stamp.
#3 and #4 make it all about The Right to Keep and Bear Arms.

United States vs. Miller... (from Wikipedia)

On March 30, 1939, the Supreme Court heard the case. Attorneys for the United States argued four points:

1. The NFA is intended as a revenue-collecting measure and therefore within the authority of the Department of the Treasury.
2. The defendants transported the shotgun from Oklahoma to Arkansas, and therefore used it in interstate commerce.
3. The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.
4. The “double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230” was never used in any militia organization.


23 posted on 05/22/2018 8:43:04 AM PDT by Kickass Conservative (The only good Commie is a dead Commie. Cast your Vote Accordingly.)
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To: Kickass Conservative
3. The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.

Those attorneys' reading comprehension skills are questionable.

The first part of the amendment recognizes the need for and desirability of a citizen militia. The second part recognizes the right of all to keep and bear arms, without hinderance (infringement). No part of the amendment limits the right to militia members.

28 posted on 05/22/2018 8:52:27 AM PDT by JimRed ( TERM LIMITS, NOW! Build the Wall Faster! TRUTH is the new HATE SPEECH.)
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To: Kickass Conservative

“1. The NFA is intended as a revenue-collecting measure and therefore within the authority of the Department of the Treasury.”


Since there have been NO tax stamps issued, by law, since May 20, 1986, I would make the argument that this part of the “Miller” decision is no longer applicable to the NFA. Thus, the NFA (at least as it relates to fully automatic firearms, is INVALID.

Waiting for someone to challenge this. Oh, and if the fed.gov goes back to the “Heller” standard of only “guns in common usage” are protected, bring up the fact that there would have been literally millions of full autos in public hands, were it not for the ‘34 NFA and the (illegal, IMHO) ban on new full autos that took effect in 1986. The Feds cannot logically say that something isn’t in common use when they did everything in their power to ban it for the last 84 years.

Leftism delenda est!!!!


49 posted on 05/22/2018 10:35:45 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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