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When will someone standup for the black rifles
wipala
Member Posts: 11,068
and the Class III guns. I mean take this issue to the supreme court.
Miller V US the Court held that lacking evidence that SBS Sawed offs) were used by the militia they were not protectected by the 2nd Amendment. The evidence was lacking because nobody showed up to argue the case. So by this ruling the only arms covered are those types used by the militia. When is someone going to argue the Reagan MG ban on new ones for the public is unconstitutional?
Miller V US the Court held that lacking evidence that SBS Sawed offs) were used by the militia they were not protectected by the 2nd Amendment. The evidence was lacking because nobody showed up to argue the case. So by this ruling the only arms covered are those types used by the militia. When is someone going to argue the Reagan MG ban on new ones for the public is unconstitutional?
Comments
Too old to live...too young to die...
More and more States are going to tell the Feds to stuff it .
Going to be interesting to watch .
Before this is over we are going to have Free States and Slave States again .
More and more States are going to tell the Feds to stuff it .
Going to be interesting to watch .
In some cases thats a good thing in others it is a bad thing.
Federalism is a good thing, but I am not casting a blind eye on the tenth amendment either.
Banning guns from prisoners t hat are in prison forever seems like a good thing, right?[:p][:p][}:)]
As long as there are no guards in the prison ,why should we care ?
Throw a few cheap guns over the fence .[}:)]
That would at least have an affect on overcrowding .[}:)]
In order to avoid a potential run in along the lines that I encountered yesterday on an unrealated subject: I am not saying that the laws and regulations are correct and justified, I am simply telling you what the law says and not saying that I agree with it (because I don't).
The 86 ban has actually been to court a few times and failed to be overturned each time because the so called ban is not a gun issue, it is a tax issue. If you read the actual legislation it does not prohibit the manufacture of new machine guns, it simply prohibits the BATFE from collecting the NFA tax and entering them in the registry for transfer. If the new MGs are not registered then they cannot be transferred and you can't register a new MG for transfer without paying the tax...Which no one by statute can collect. Brilliant in it's simplicity, but nothing really new at all. This all goes back as far as the Harrison Narcotics Act of 1914 which made it unlawful to possess narcotics which had not been properly taxed. Naturally no such taxes were ever collected, nor was there ever any mechanism enacted to collect such taxes from private citizens, so you have a de facto ban on the sale of narcotics to individuals. The Harrison Act went up before federal courts and the US Supreme Court numerous times and the government won each and every time because the government has the power to levy taxes. The Harrison Act was eventually replaced by even more comprehensive narcotics laws, but it's track record in court was perfect. To win on the 86 ban someone must demonstrate that firearms, particularly machine guns, are of such importance that they cannot be subject to taxation of any kind. No one has managed to accomplish this, at least not yet. Miller would seem to leave the door open for an approach along these lines...Time will tell
In order to avoid a potential run in along the lines that I encountered yesterday on an unrealated subject: I am not saying that the laws and regulations are correct and justified, I am simply telling you what the law says and not saying that I agree with it (because I don't).
Thank you for this terrific reply, Mark
This is why I still hang around these forums. I learn some new and interesting stuff from time to time.