steveTA84 Posted July 8, 2022 at 12:32 AM Posted July 8, 2022 at 12:32 AM https://www.yahoo.com/news/supreme-court-gun-ruling-cited-154602588.html A fresh U.S. Supreme Court gun-rights ruling should make a 78-year-old law regulating machine guns unconstitutional and invalidate a YouTube celebrity’s gun-crime indictment with an Orange Park man, his lawyers are arguing. Lawyers for Matthew Hoover, a Wisconsin gun dealer whose YouTube channel has 148,000 subscribers, have asked U.S. District Judge Marcia Morales Howard to dismiss his January indictment with Clay County resident Kristopher Ervin, who was charged last year with selling illegal machine-gun conversion equipment online. Hoover’s lawyers asked Howard last week to rule that the National Firearms Act, a 1934 law that restricted machine gun ownership by creating a tax and license requirement on them, conflicts with the U Constitution's Second Amendment guarantee of a right to bear arms. They argued the law violates a standard the Supreme Court used last month to decide a New York law on gun ownership was unconstitutional, so the federal law must be unconstitutional too. “Finally, though, we have a standard which clearly articulates the burdens in a case involving restrictions on the right to keep and bear arms,” attorney Zachary Zermay wrote in a motion he filed with co-counsel Matthew Larosiere.
Craigcr2 Posted July 8, 2022 at 11:46 AM Posted July 8, 2022 at 11:46 AM Here’s the actual motion. https://storage.courtlistener.com/recap/gov.uscourts.flmd.398039/gov.uscourts.flmd.398039.101.0.pdf Hopefully this works out for Matt. I dislike his over the top style on YouTube, but the prosecution wreaks. I have a feeling that the Justice Department would rather dismiss his charges than see this motion acted on, but it really puts them in a hard spot because every defendant with an NFA charge will start using the same play. Either way this one should be fun to watch.
EdDinIL Posted July 8, 2022 at 01:16 PM Posted July 8, 2022 at 01:16 PM In before Congress tries to index the NFA tax stamp to inflation going back to 1934.
Craigcr2 Posted July 8, 2022 at 01:29 PM Posted July 8, 2022 at 01:29 PM On 7/8/2022 at 8:16 AM, EdDinIL said: In before Congress tries to index the NFA tax stamp to inflation going back to 1934. All we can do is speculate, so the “if” in my next sentence should be read as “a big m-f’in if”… Adjusting the tax mechanism would be meaning IF a the NFA was to be unconstitutional based on the merits of this motion (and it survived appeal).
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