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NFA Being Repealed?!

Posted on 8/6/26 at 7:42 am
Posted by TigerToGeaux
TX
Member since Nov 2022
231 posts
Posted on 8/6/26 at 7:42 am
It is a good day for the Second Amendment!

On August 5th, a federal judge in Texas has ruled in favor of Palmetto State Armory, Gun Owners of America and allies that the NFA is unconstitutional. A 7 day stay has been placed to give the gov time to respond.

This is HUGE! Keep in mind, the Trump DOJ/AG can literally kill the NFA by electing not to contest the ruling. However, I have little faith the gov is going to give up the NFA so easily, even in a Trump controlled White House.

This was all made possible by congress dropping the NFA tax stamp fee to $0. The NFA has always been upheld in courts, not because it does not violate our rights, but because it was a tax. The courts have always defended congress’ right to tax citizens and therefore the NFA was always (wrongfully IMO) upheld as constitutional. This is a similar argument that made the Affordable Care Act (Obamacare) pass the courts.

When congress removed the $200 tax stamp, it effectively removed the only justification the courts ever had to keep it, TAXES.

We need to keep the pressure on Trump to kill the NFA!

LINK
Posted by Major Dutch Schaefer
Location: Classified
Member since Nov 2011
39988 posts
Posted on 8/6/26 at 7:44 am to
Posted by TigerToGeaux
TX
Member since Nov 2022
231 posts
Posted on 8/6/26 at 7:51 am to
Sorry I missed it!
Posted by TheHarahanian
Actually not Harahan as of 6/2023
Member since May 2017
24551 posts
Posted on 8/6/26 at 8:08 am to
What’s silly about the argument for the NFA, is saying the authority to tax items also gives the government the authority to register the items.

I’m excited that I’ll be able to buy suppressors directly in gun stores.
This post was edited on 8/6/26 at 8:09 am
Posted by TigerToGeaux
TX
Member since Nov 2022
231 posts
Posted on 8/6/26 at 8:10 am to
Oh yeah, the NFA is and always has been unconstitutional IMO.
Posted by grizzlylongcut
Member since Sep 2021
16415 posts
Posted on 8/6/26 at 8:12 am to
quote:

Oh yeah, the NFA is and always has been unconstitutional IMO.


Anything that restricts Americans’ rights to bare arms is unconstitutional, full stop.

If I’m truly radical about something it’s the 2A. I’m an absolutist when it comes to that amendment.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
118104 posts
Posted on 8/6/26 at 8:27 am to
quote:

What’s silly about the argument for the NFA, is saying the authority to tax items also gives the government the authority to register the items.




Next thing you are going to tell me is that the taxing power gives the government the authority to make people purchase a service - for example, health insurance.
Posted by beerJeep
Louisiana
Member since Nov 2016
39366 posts
Posted on 8/6/26 at 9:27 am to
Please? Pretty please?
Posted by Clames
Member since Oct 2010
20175 posts
Posted on 8/6/26 at 9:51 am to
quote:

This is HUGE! Keep in mind, the Trump DOJ/AG can literally kill the NFA



Only for that Circuit's jurisdiction.
Posted by alphaandomega
Tuscaloosa-Here to Serve
Member since Aug 2012
17446 posts
Posted on 8/6/26 at 10:48 am to
quote:

Oh yeah, the NFA is and always has been unconstitutional IMO.


Every gun law on the books is unconstitutional. They are all an infringement.

The only law that would be legal would be to require every citizen to own a firearm.

The solution to gun violence is not to restrict law abiding people but rather to imprison for long sentences (or life) anyone who commits a violent crime with a firearm.

There are a few people who are bad and those individuals do not deserve to be allowed to walk freely among the law abiding.
Posted by Clames
Member since Oct 2010
20175 posts
Posted on 8/6/26 at 10:53 am to
quote:

We need to keep the pressure on Trump to kill the NFA!



Essentially did when he signed the BBB and reduced the $200 tax to $0. Now, it's a matter of getting it to a SCOTUS that would put the final nails in the coffin at the Federal level. It will also take more lawsuits at the State-level for some years as well.
Posted by Beessnax
Member since Nov 2015
11666 posts
Posted on 8/6/26 at 11:38 am to
Posted by jp4lsu
Member since Sep 2016
7580 posts
Posted on 8/6/26 at 1:04 pm to
I don't expect Trump Admin to do anything. He wanted to ban bumpstocks after the Vegas shootings. He tends to knee jerk in reactions to appease and expose that he lacks conservatism in areas.

So if you are expecting Trumps DOJ/ATF etc to do anything about NFA, pffft.
How much talk have we heard from Trump and DOJ, all we get are "just wait, people will pay".

Posted by Swamp Angel
West Georgia Chicken Farm Territory
Member since Jul 2004
10706 posts
Posted on 8/6/26 at 1:41 pm to
quote:

The only law that would be legal would be to require every citizen to own a firearm.


Kennesaw, GA requires that every head of household who is not legally prevented from owning a firearm must own one and be able to present it to authorities as proof of compliance with the ordinance if asked. Since that ordinance was put in place, crime in Kennesaw has bottomed out compared to what it was previously.
Posted by keks tadpole
Yellow Leaf Creek
Member since Feb 2017
8918 posts
Posted on 8/6/26 at 2:25 pm to
quote:

He wanted to ban bumpstocks after the Vegas shootings.

There is a lot more to that event than bumpstocks.
Posted by Timeoday
Easter Island
Member since Aug 2020
27287 posts
Posted on 8/6/26 at 2:34 pm to
Posted by Wolfwireless
Member since Aug 2024
6245 posts
Posted on 8/6/26 at 2:42 pm to
quote:

The solution to gun violence is not to restrict law abiding people but rather to imprison for long sentences (or life) anyone who commits a violent crime with a firearm.


Ok, so don't take this wrong. I absolutely agree with what you're saying. But there's something to consider with this.
The number of people wrongly convicted, in gun crimes. Example: Road Rage incidents where some Karen reports the other driver threatening them with a gun. Police come, investigate, find no wrongdoing. A week later, police come back because DA decided to press charges.
Or. Blue states.

Again. I totally agree with where you're coming from. If they dangerous, keep them locked up. But there needs to be a process.
Posted by Wolfwireless
Member since Aug 2024
6245 posts
Posted on 8/6/26 at 2:48 pm to
quote:

So if you are expecting Trumps DOJ/ATF etc to do anything about NFA, pffft.
How much talk have we heard from Trump and DOJ, all we get are "just wait, people will pay".


The Trump DOJ has gone in to fight for their side of the appeals against ATF Rulings. BUT.
In the cases that have come up since the Bondi Boot, they made pretty sad cases for themselves.
Are they intentionally losing? Getting these losses on record, in the books, setting precedence?
This post was edited on 8/6/26 at 2:49 pm
Posted by Wolfwireless
Member since Aug 2024
6245 posts
Posted on 8/6/26 at 3:06 pm to
quote:

This is HUGE! Keep in mind, the Trump DOJ/AG can literally kill the NFA by electing not to contest the ruling. However, I have little faith the gov is going to give up the NFA so easily, even in a Trump controlled White House.

I'm not saying that I have a hacksaw, and some milling equipment I don't have access to. But if the NFA gets 86'd... ya know...
This post was edited on 8/6/26 at 3:09 pm
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
59328 posts
Posted on 8/6/26 at 3:11 pm to
Not.So.Fast.

Yes, the Trump admin can choose not to contest the ruling. However, that ruling would only apply to that district. Other districts could choose to ignore it and probably would. No Circuit Court of Appeals has reached a similar finding nor as SCOTUS.

It's a nice victory but don't read too much into it.
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