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Posted on 08/06/2026 7:21:59 PM PDT by thegagline
A federal judge on Wednesday ruled that some federal gun restrictions can no longer stand after Republicans last year zeroed out the taxes that justified their constitutionality. Congress relied on its taxing authority to pass the 1934 National Firearms Act (NFA), which established a $200 fee to transfer or make certain firearms. But last year’s One Big Beautiful Bill Act eliminated the tax for short-barreled shotguns, short-barreled rifles and silencers. U.S. District Judge Wesley Hendrix said that has “constitutional consequences.” The law’s registration and recordkeeping requirements for those guns can’t continue, he ruled. “Because today’s NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power,” Hendrix wrote*** Hendrix was appointed by President Trump***.
The judge delayed his order by a week so the government can first try to appeal. The case would head next to the 5th U.S. Circuit Court of Appeals, which has struck down other federal gun control measures in the wake of the Supreme Court’s recent Second Amendment expansion.
If allowed to take effect, the judge’s ruling would effectively create a patchwork of enforcement. It would also prevent the government from enforcing the restrictions against the individuals, businesses and Republican-led states who are suing.
The Trump-era Department of Justice (DOJ) has continued to defend the NFA by telling judges they should examine it under Congress’s power to regulate interstate commerce. It’s a position that puts the Trump administration at odds with pro-Second Amendment groups. The DOJ has broadly taken a more friendly approach to gun rights, including an April announcement to roll back various gun regulations, but it has continued to defend other federal restrictions in court as they’ve come under challenge.
The judge’s ruling left gun rights groups delighted.***
(Excerpt) Read more at thehill.com ...
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The Trump Administration has supported the NFA which requires that all covered firearms (except those belonging to the United States) be registered in the National Firearms Registration and Transfer Record, a central registry maintained by ATF.6 26 U.S.C. § 5841(a). The registry lists each NFA firearm, along with the name and address of the person entitled to possess that firearm. Violating the statute carries a potential term of imprisonment of up to ten years, 26 U.S.C. § 5871, a fine of $10,000, id., and seizure and forfeiture of the firearm. 26 U.S.C. § 5872.
From the Memorandum Opinion and Order:
*** “Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Department of Justice, Todd Blanche in his official capacity, Robert Cekada in his official capacity, their divisions, bureaus, agents, officers, commissioners, employees, and anyone acting in concert or participation with them, including their successors in office, are permanently enjoined from enforcing the challenged NFA provisions as to untaxed firearms against the plaintiffs and, where applicable, the plaintiffs’ agencies, political subdivisions,members, and customers—both current and future.”
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“. . . carries a potential term of imprisonment of up to ten years, 26 U.S.C. § 5871, a fine of $10,000 . . .”
I believe the fine is $250,000; at least for illegal ownership of a machine gun.
The DOJ needs a serious flush to weed out the calcitrant-embedded communists...
I see a Suppressor in my future..
yeehaa!
For violating the registration provisions (paperwork rules) of the NFA you can be fined up to $10,000. For the illegal possession of a machine gun, you can be fined up to $250,000.
Before Reagan outlawed full auto made after 1986, I was shopping for a 9mm Uzi with 22 LR conversion unit for $1,600 from Ray's Guns in Louisville. I hesitated and missed the boat.
I was tonight looking at the Class 3 Uzis on Gunbroker tonight. It's 10 times that. Ridiculous. I always figured Reagan had a machine gun collection and he wanted a max return.
Already reported twice before.
Federal Court Says NFA is Unconstitutional
08/06/2026 8:34:58 AM PDT · by Texas Fossil · 20 replies
The VSO Gun Channel (referenced GOA) ^ | Aug 6, 2026
https://freerepublic.com/focus/f-news/4390829/posts
BREAKING - In GOA’s case, a federal court just stuck down NFA registration
08/05/2026 3:29:23 PM PDT · by backpacker_c · 53 replies
X / Twitter ^ | Aug 5, 2026 | Gun Owners of America
https://freerepublic.com/focus/f-bloggers/4390741/posts
It goes well beyond that first. Citizens could be armed with warships with cannons in order to take advantage of Letters of Marque and Reprisal. AKA serious crew served weapons.
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