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Wednesday, September 15, 2010

Here's what I can live with right now

I just finished reading Brian Doherty's excellent article on the next battleground in firearms rights.

And listening to various Vicious Circles, I've heard a few paths to take on the subject of NFA arms. So here's what I can live with regarding the NFA.

I can live with having to fill out a glorified 4473 (Form 4) and the companion anal exam by the ATF (or FBI, or whoever), but precedent dictates that enumerated rights cannot be taxed (as in poll taxes, reporters' fees and the like). So to me, the $200 tax stamp goes away as unconstitutional.

And I can live with this level of scrutiny since SCOTUS has left the door open for "reasonable regulation" of firearms, but not an outright ban. Having the feds clear me to own NFA items is as "reasonable" as I can stand.

And since in US v Miller the court took 8 pages to remand the case, ruling only that a short-barreled shotgun had no use as a militia weapon (that because there was no one for Miller to argue that short-barreled shotguns were indeed used in the military), one can infer that military weapons would be protected by the 2A.

Like M-16/4's, AK-47's, select-fire FN-FAL's, M240's and on and on.

So would the Hughes amendment not now violate an enumerated right, banning a whole class of weapons?

So here's what I see as "reasonable": I am able to go to my local class III dealer and buy a new select-fire rifle or machine gun (maybe limited to .50 cal and below), fill out the form 4, and take my weapon home when it's approved (and I don't see why it takes more than a couple of weeks).

N0 keeping up with a tax stamp (the registry goes away).

No paying $200 (can't tax or require fees for an enumerated right).

No buying from existing legal stocks of registered NFA full auto weapons (Hughes amendment goes away).

Now that would be "reasonable" to me.

Point out where I've made a mistake in my thinking.


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