Court rules parts of the NFA are unconstitutional

[Hamburger Monster]

 

[Hamburger Monster]

Any idea how this will progress?

 

[Hamburger Monster]

And another for those who prefer Washington gun law

 

[Churro]

I don't think it effect us here in California. Even if it gets stuck down nationally California has law that directly ban NFA items by name. Unless of course you have a dangerous weapons permit. Which are only granted to Hollywood and police departments. It would turn into another lawsuit that we will need to fight in the courts just to get SBRs and suppressors

 

[RustVendor]

this doesn't affect us but is an interesting case. This was by silcencer central who sued the government last year following the bill that made the fees for NFA items 0$ which makes it invalid. Congress could change the tax to keep it in place most likely but I doubt it's even on their radar.

 

[HibikiR]

^Big Beautiful Bill according to the first video.

 

[Hamburger Monster]

I don't think it effect us here in California. Even if it gets stuck down nationally California has law that directly ban NFA items by name. Unless of course you have a dangerous weapons permit. Which are only granted to Hollywood and police departments. It would turn into another lawsuit that we will need to fight in the courts just to get SBRs and suppressors

But it could set a court president for one in California to be able to challenge it? Or perhaps if this one gets appealed to the supreme maybe in 10 years we will see a rulling?

 

[HibikiR]

Or circuit split and SCOTUS takes it many years down the road.

 

[Churro]

But it could set a court president for one in California to be able to challenge it? Or perhaps if this one gets appealed to the supreme maybe in 10 years we will see a rulling?

You would be correct. The 9th circuit is also adamant about finding ways to delay and deny if it has anything to do with repealing a gun ban. So unless there is already a current case pending that is arguing the issue we are out of luck as we will need to wait as it winds its way down.

 

[NukeRJ]

It will take a long while for any of this to even get through the courts here. I’m just waiting to see if the government files an appeal or just takes the L on this one.

 

[Churro]

It will take a long while for any of this to even get through the courts here. I’m just waiting to see if the government files an appeal or just takes the L on this one.

The are going to file. Doubt they would let a ruling stand as there is no particular victory for politicians to take credit for.

 

[Gawernator]

It's awesome news for everyone living in freedom states. Sadly for us in ifornia nothing changes (for now)

 

[RustVendor]

The are going to file. Doubt they would let a ruling stand as there is no particular victory for politicians to take credit for.

this case was literally the plan when they made tax stamps free, the NFA was only constitutional because it was considered a tax.

 

[Churro]

this case was literally the plan when they made tax stamps free, the NFA was only constitutional because it was considered a tax.

That I understand and it's going to get knocked down. The moment it does our lovely state will double down.

 

[RustVendor]

That I understand and it's going to get knocked down. The moment it does our lovely state will double down.

it's a federal law and the current federal administration were the ones pushing the bill. California has nothing to do with it, they can't appeal it

 

[Churro]

it's a federal law and the current federal administration were the ones pushing the bill. California has nothing to do with it, they can't appeal it

Even if the federal law is killed. We will need to sue California to get the law repealed here. If no lawsuit is filed with a victory the law stays in defacto effect because no one challenged it.

 

[RustVendor]

Even if the federal law is killed. We will need to sue California to get the law repealed here. If no lawsuit is filed with a victory the law stays in defacto effect because no one challenged it.

the two laws are unrelated, the federal tax stamp going away won't affect us at all. There is an existing case Sanchez v Bonta that is currently heading up the chain to the 9th.

Edited to add: Sanchez is basically about whether suppressors are firearms or firearm accessories, and whether the state can ban them.

 

[Gawernator]

Even if the federal law is killed. We will need to sue California to get the law repealed here. If no lawsuit is filed with a victory the law stays in defacto effect because no one challenged it.

This is about NFA taxation and regulation not about the CA laws

 

[john_marsten_1873]

this doesn't affect us but is an interesting case. This was by silcencer central who sued the government last year following the bill that made the fees for NFA items 0$ which makes it invalid. Congress could change the tax to keep it in place most likely but I doubt it's even on their radar.

Why do you think congress didn’t just get rid of the NFA altogether?

 

[Gawernator]

Why do you think congress didn’t just get rid of the NFA altogether?

Would be an uphill battle against Democrats