9 replies to this topic

[kevinmcc]

Kansas gun law no defense to federal firearm charges.



https://www.ca10.usc.../17/17-3034.pdf

So this NFA and commerce case is likely heading to the Supreme Court.

[Euler]

Just some background...

Two Kansans, Shane Cox and Jeremy Kettler, engaged in the purchase and sale of a silencer in October 2015, believing they were exempt from the 1934 National Firearms Act's requirements to register it and pay a $200 tax. They relied on the state’s Second Amendment Protection Act (SAPA) which holds:
 

Any act, law, treaty, order, rule or regulation of the government of the United States which violates the Second Amendment to the Constitution of the United States is null, void, and unenforceable in the state of Kansas.

This issue would never have been raised had not Kettler decided to post to his Facebook page a video of himself. Agents from the ATF noted the video, investigated, and brought charges against Kettler (the purchaser) and Cox (the supplier) of the silencer.

I'm pretty sure the Kansas state legislature doesn't have the legal authority to rule on the constitutionality of federal law. Even if this case makes it to the US Supreme Court, that's the issue it'll decide, not whether people have a right to supressors.

Edited by Euler, 19 October 2018 - 12:41 AM.

[kevinmcc]

My opinion.

#1 NFA is unconstitutional on 2nd Amendment grounds, taxes and prohibitions are infringements.

#2 NFA is unconstitutional on 10th Amendment grounds, 2nd Amendment is the right of the people and not the Federal government (not State or Local government either).

And if the federal law itself is unconstitutional, state law should supersede, but if both are unconstitutional then both should be struck.

To rule strictly on the whether or not a state law can supersede an unconstitutional federal without taking the constitutionality of the federal into consideration does seem silly. But I guess if they have to go to court dozens of times, maybe they will eventually the right ruling will be made.

[Raw Power]

My opinion.

#1 NFA is unconstitutional on 2nd Amendment grounds, taxes and prohibitions are infringements.

#2 NFA is unconstitutional on 10th Amendment grounds, 2nd Amendment is the right of the people and not the Federal government (not State or Local government either).

And if the federal law itself is unconstitutional, state law should supersede, but if both are unconstitutional then both should be struck.

To rule strictly on the whether or not a state law can supersede an unconstitutional federal without taking the constitutionality of the federal into consideration does seem silly. But I guess if they have to go to court dozens of times, maybe they will eventually the right ruling will be made.

 

While I agree with you, unfortunately, that's not what's going before the SCOTUS.

[Tango7]

Are they addressing interstate commerce?

[ealcala31]

Kansas gun law no defense to federal firearm charges.



https://www.ca10.usc.../17/17-3034.pdf

So this NFA and commerce case is likely heading to the Supreme Court.

The federal government and the courts are allowing the legalization of marijuana state by state against federal law. What hypocrisy by the justice department and the courts...

[Raw Power]

 

Kansas gun law no defense to federal firearm charges.



https://www.ca10.usc.../17/17-3034.pdf

So this NFA and commerce case is likely heading to the Supreme Court.

The federal government and the courts are allowing the legalization of marijuana state by state against federal law. What hypocrisy by the justice department and the courts...

 

 

Marijuana activists are organized and motivated.

 

Our folks (by and large) are not. This administration promised a national law on silencers and instead we get stuff like this, and no one holds the elected officials who promised that we'd see expanded gun rights accountable.

 

 

We're getting exactly what we deserve.

Edited by Raw Power, 19 October 2018 - 10:54 PM.

[ealcala31]

Correct Raw Power "our" politicians, for the most part, have held off the gun control wolves but we have gained nothing. Every election we seem to actually lose something and I am getting tired of it. Politicians need to be called out on gun rights and voted out of office...

[TRJ]

I think the bills for reciprocity and silencers were moving forward until Las Vegas happened. Then they became toxic, much to the delight of a number of Republican side who didn't want to lose a carrot to dangle.

[Raw Power]

I think the bills for reciprocity and silencers were moving forward until Las Vegas happened. Then they became toxic, much to the delight of a number of Republican side who didn't want to lose a carrot to dangle.

 

It's one thing to not pass the law you promised you would during campaigning. It's another thing to send in the ATF to violate states rights over that same campaign promise.