Will NFA be repealed?
Will Parker v. District of Columbia give a chance for the NFA to be repealed by the Supreme Court? Then we wouldn't have to build semi-auto versions. Any legal scholars out there? Thanks.
The NFA is Federal law and has been in place since 1934. I don't see it going anywhere.
yes...........becase we go back to the true meaning of the second amendnent
can also back fire if there was a liberal court................
No, the NFA does not resistrict your ability to own. It just regulates the transfer of the firearms as the Federal government has the power to regulate interstate trade via taxation given to them in the constitution. The fact that it applies to intrastate transfers in unconstitutional in my opinion, but the Supreme court has already affirmed that anything that affects interstate trade can be regulated by the Federal government. That interpretation first appeared in the 30s. States that have laws banning the possession of NFA weapons may have their statutes struck down and the manufacturing ban may also be struck down depending on how broadly the ruling is and how lower courts then interprete it. This all assumes that the Supreme Court upholds that the second ammendment is an individual right. To get a positive ruling applied to other laws would take many dollars and years in court as the first laws struck down upon application of the Supreme Court's decision to case law will rigerously appealled by states like California, Mass., New York. The Federal Government may even file briefings against applying the decision to other cases.
As far as liberal courts go, time is on our side as fewer and fewer law schools are teaching the "living document" interpretation of the Constitution. Volumes of research into the writings and beliefs of the writers of the Constitution have shown that they meant for it to be literally interpreted in the word of the day. The "living document" judges as well as professors will slowly be retiring out of the system so while they may find liberal minded judges for the Supreme Court, they probably will start to restrict the Federal Government's power over time. You will know when this happens as there will start to be much talk of Constitutional Ammendments on Capitol Hill.
IF the SCOTUS rules according to the U.S. Constitution, the BATF will use its lawyers to work every way it can to get the ruling overturned.
Remember, the BATF does NOT support the U.S. Constitution in any way, shape, or form.
Even if the SCOTUS rules according to the U.S. Constitution, it will be years before current anti-gun laws are repealed, .............if ever.
The NFA part of the GCA'68 would probably stand as it is a taxing mechanism, on paper at least. However the '86 machine gun ban just might be fair game.
Citizen, Patriot, Ranger
MAchine Guns and Bans
As I understand it (nods to the replies already posted) the NFA and the GCA and the other myriad acts, statutes, and other laws would remain intact no matter what the ruling by SCOTUS is. The best outcome that we can hope for is that they will rule on the second amendment being an individual right, and that the fourteenth amendment takes precedent over state law. It would be nice if they invoked the equal protection clause as well, but I don't smoke that stuff anymore.....
Once they do rule (hopefully, in our favor), then the way is open for all of us to file suit against any other level of Government that has "infringed" upon our rights guaranteed under the second and fourteenth amendments.
So, that means that given:
a) They rule in our favor, and;
b) They do not include wording like "reasonable regulation", and;
c) They declare (specifically) that a "type" of firearm can't be regulated i.e. pistol vs. rifle vs. shotgun, in violation of the second amendment, then:
For me, a resident of the Peoples Republik of Kalifornia; It's suit filing time!!!!!!
But to Yarro's point; The Lefty Lib states like Kalifornia, Mass, Ill. etc. will fight this VIGOUROUSLY!!!!!!
Keeping my Eyes Open (and my fingers crossed).
Thanks for the opinions. I have a PPS-43 kit and barrel but lack the machining skills to make a semi on my own, and don't think the ATF will approve me making a MG, even though I would be willing to pay the $200 tax. So I'll just hope SCOTUS comes through. It would be nice to be treated like an adult.
Down with the '86 ban. I can pay the $200.
If you live in one of the ninth circuit states and like to gamble you could give it a try.