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Thread: Chance of repealing NFA

  1. #21
    Distinguished Member BrianB's Avatar
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    Quote Originally Posted by Rvrctyrngr View Post
    Yessir.
    Here is a link to the district court's decision. Raich raises its ugly head again.

    Edited to add:

    Hollis appealed to the 5th Circuit and lost there as well. The ruling is here.

    In a strange bit of irony the 5th Circuit, in discussing that machineguns could be banned because they are "unusual", offered this tidbit:

    Heller concluded that handguns are “the most popular weapon chosen by Americans for self-defense in the home” and are therefore not unusual.

    The National Firearms Act (which regulates machine guns) originally included handguns in its scope. During debate handguns were removed from the scope in part due to argument that they were particularly necessary for females which couldn't handle rifles and shotguns.

    It is ironic that today, under Heller, handguns are now the quintessentially protected arm - at the core of the 2nd amendment right. Yet if the NFA had passed as originally written, they too would have been "unusual" today. When a firearm is unusual only because of a long-standing unconstitutional law it seems perverse to use that fact as the primary argument against their status as protected arms.
    Last edited by BrianB; 12-27-2016 at 06:51 PM.
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  2. #22
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    Quote Originally Posted by BeerHunter View Post
    IMHO, the Federal government has been chipping away at States rights for at least since Lincoln was POTUS.
    Yes, I would agree. Also however though since the overthrow of the British Crown the federal government began to erode its authority when it came to picking up state debt from the war. Dr Kevin Gutzman, constitutional scholar, has a very good book about it: https://www.amazon.com/Politically-I...e+constitution

    And of course Judge Napolitano has his two first books, Constitutional Chaos and Constitution in Exile which delve into the similar subject matter. All 3 are excellent reads.

  3. #23
    Distinguished Member BrianB's Avatar
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    The whole masterfully designed Republic went off the rails with the ratification of the 16th and 17th amendments. The 16th amendment (allowing a direct income tax) gave the feds the money they needed to be the monstrosity they are today. The 17th amendment (providing for direct election of federal senators - replacing the Constitutional mandate that they be chosen by the state legislatures) removed any impediment to the feds encroachment into the area of States' rights.

    Those were ratified in February and April of 1913 respectively. It's been pretty much downhill ever since. Without the money (16th) and power (17th) from those two amendments I dare say the federal government would never have dared venture into Prohibition (18th amendment, January 1919), which gave rise to out of control organized crime, which was the impetus behind the National Firearms Act of 1934.

    One has to wonder what the United States would look like today if the 16th and 17th amendments had never been ratified.

    [ETA: Yes, I know the 16th was never properly ratified - but it doesn't matter - the right people say it was - and so it stands.]
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  5. #24
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    Quote Originally Posted by BrianB View Post
    The whole masterfully designed Republic went off the rails with the ratification of the 16th and 17th amendments. The 16th amendment (allowing a direct income tax) gave the feds the money they needed to be the monstrosity they are today. The 17th amendment (providing for direct election of federal senators - replacing the Constitutional mandate that they be chosen by the state legislatures) removed any impediment to the feds encroachment into the area of States' rights.

    Those were ratified in February and April of 1913 respectively. It's been pretty much downhill ever since. Without the money (16th) and power (17th) from those two amendments I dare say the federal government would never have dared venture into Prohibition (18th amendment, January 1919), which gave rise to out of control organized crime, which was the impetus behind the National Firearms Act of 1934.

    One has to wonder what the United States would look like today if the 16th and 17th amendments had never been ratified.
    Absolutely.

    Have you seen the Ken Burns documentary "Prohibition"?

    Essentially alcohol taxes funded a large portion of the federal government. And they couldn't get prohibition passed until they were able to get another source of revenue for the feds, thus the income tax. Coincidentally this is around the time that they let women vote, and facial hair in elected officials went away

  6. #25
    Distinguished Member BrianB's Avatar
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    Quote Originally Posted by FLWildMan View Post
    Absolutely.

    Have you seen the Ken Burns documentary "Prohibition"?
    I may have. I've seen a few and read some books on the topic as well. Prohibition was a colossal mistake. The negative impact to this country due to the rise of organized crime, and the claimed-necessity of government intrusions upon our rights and freedoms that stemmed from it, are incalculable (in my opinion).

    Quote Originally Posted by FLWildMan View Post
    Essentially alcohol taxes funded a large portion of the federal government. And they couldn't get prohibition passed until they were able to get another source of revenue for the feds, thus the income tax. Coincidentally this is around the time that they let women vote, and facial hair in elected officials went away
    I think I shall plead the 5th on on what I think of the 19th amendment.
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  7. #26
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    Quote Originally Posted by BrianB View Post



    I think I shall plead the 5th on on what I think of the 19th amendment.




  8. #27
    Distinguished Member Buckingham's Avatar
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  9. #28
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    Ah, I really miss The Man Show! Adam Corrola is one of the funniest and wittiest comedians around today.
    -BH

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    “The greatest danger to American freedom is a government that ignores the Constitution.”
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  10. #29
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    Quote Originally Posted by BeerHunter View Post
    Ah, I really miss The Man Show! Adam Corrola is one of the funniest and wittiest comedians around today.
    That show was so un-PC they couldn't air it now.... unfortunately.

    And Jimmy Kimmel was a lot funnier on it than he is on his current gig.

  11. #30
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    Quote Originally Posted by FLWildMan View Post
    That show was so un-PC they couldn't air it now.... unfortunately.

    And Jimmy Kimmel was a lot funnier on it than he is on his current gig.
    Yup, PC can suck it. And Kimmel had better writers on that show.
    -BH

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    “The greatest danger to American freedom is a government that ignores the Constitution.”
    -- Thomas Jefferson, Third President of the United States

    "Those who 'abjure' violence can only do so because others are commuting violence on their behalf."
    -- George Orwell


    "The ultimate result of shielding men from folly is to fill the world with fools."
    -- Herbert Spencer

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