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Multiple 2A Groups File Suit Challenging NFA Provisions

JMB1911A1

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So, this is great news. The NFA is a tax law. It is codified under Title 26 of US Code which is the Internal revue Code. The NFA registry is a registry of who has paid the taxes. That is how it remained since a registry of firearm owners is prohibited under the GOPA of 1986.

Here is then Attorney General Homer Stille Cummings’ famous testimony on the National Firearms Act of 1934.

“Oh, we do not attempt to escape it. We are dealing with another power, namely, the power of taxation, and of regulation under the interstate commerce clause. You see, if we made a statute absolutely forbidding any human being to have a machine gun, you might say there is some constitutional question involved. But, when you say, “We will tax the machine gun” and when you say that “the absence of a license showing payment of the tax has been made indicates that a crime has been perpetrated,” you are easily within the law.”

Since the NFA taxes on suppressors, SBRs, SBSs, and AOWs have been zeroed under the OBBB Act, there is no legal requirement to maintain a registry of who has paid the taxes. Suppressors, SBRs, SBSs, and AOWs should be removed from NFA registration requirements and transferred as Class 1 Firearms under Title 18 of US Code. That means a 4473 and NICS check at point of sale. Simple.

 
I hope they succeed. The NFA has always been one of the dumbest possible gun laws and we'd all be better off without it.

It's the first counterpoint I bring up when someone mentions "common sense gun laws".
 
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