Jump to content
Sign in to follow this  
JosephT

Defeating the NFA

Recommended Posts

How is it that everyone is not using the Rock Island Armory case to defeat the NFA

 

 

 

Court decisions invalidating parts of the National Firearms Act

Rock Island Armory was charged with manufacturing "machineguns" in 1987 and 1988 in violation of the registration requirements of the National Firearms Act. In U. S. v. Rock Island Armory, Inc. (773 F. Supp. 117, C.D. Ill. 1991), the chief judge of the U.S. District Court for the Central District of Illinois dismissed those charges because the NFA sections upon which they were based were "without any constitutional basis." The judge noted that the Supreme Court had previously ruled that the NFA's registration requirement was constitutional only because it was enacted for the purpose of facilitating the collection of tax revenue. Thus, he concluded, because the Hughes Amendment had been interpreted as prohibiting the possession of fully-automatic firearms manufactured after May 19, 1986, the NFA's registration requirement no longer served its tax collection purpose. The judge said that since "Congress has no enumerated power to require registration of firearms," the constitutional basis for the NFA registration provision no longer existed. The government initiated an appeal of the decision, but later requested that the appeal be dismissed, thus the Rock Island decision stands. In U.S. v. Dalton (960 F.2d 121, 10th Cir. 1992), the U.S. Court of Appeals for the 10th Circuit adopted the Rock Island precedent.

Share this post


Link to post
Share on other sites

Because for the most part people want to stay out of jail and not have to pay defense attorneys every penny they will ever make to stay out of prison.

 

The thing about this is it is not a court ruling that affects anyone beyond the plaintiff in this case unless the prosecutor were to appeal it to a higher court. When it gets there then there is the real chance that the higher court will agree that the law is now null and void in the district the court covers. We can't have that because then everyone will be out making their own machine guns and can't be arrested for it.

 

By not following through with an appeal they just made sure that no one would ever hear about it.

 

This was probably not a strong case to begin with. It was likely that the "machine guns" in this case were never actually machine guns at all, but the law is so vague as to include just about anything. "Easily convertible", what the hell is that anyway? Would it be easy for the average guy to convert an AR into a machine gun? Probably not. Would it be easy for any machine shop in the country to do so? Yes, it would. We are talking about 8 pieces roughly that would need to be made or worked over to do it. All of the drawings are out there already, it wouldn't even be a challenge to someone so inclined. But that would be illegal and law abiding folks don't do illegal things.

 

You know all of the "machine guns" ever used in a crime weren't actually "registered machine guns" except for a very few, they were cobbled together by someone willing to put the effort in to make it happen.

 

And if machine guns were legal, the machine guns used in crime would still be gotten in the same ways non-machine guns that are used in crimes are. They'd be bought illegally, stolen or otherwise procured by illegal means.

Edited by MontanaLon
  • Like 1

Share this post


Link to post
Share on other sites

Unless I am reading it wrong the 10th circuit appeals court of appeals adopted the US District courts rock island decision as precedent which means it is binding in all states under the U.S. Court of Appeals for the 10th Circuit.

Share this post


Link to post
Share on other sites

If you have the hundreds of thousands of dollars it would take to fight this and *maybe* win it, go for it.

 

Just remember the lower courts have been sh*tting all over the 2A since Heller and the supremes do absolutely nothing about it. As a matter of fact, the lower courts have managed to just about render the Heller decision meaningless except if you are Dick Heller and want to spend thousands of dollars and over a year waiting for a permit that DC may decline to issue for any reason they can dream up.

 

Plan on losing unless Ginsberg finally croaks and Trump appoints somebody decent.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

×