03-23-2009, 08:51 PM
Join Date: Nov 2008
Location: Fort Worth, Texas
Re: Legal Question: Is this the way to challenge the NFA?
Cj , I am no legal scholar either...but I have read and reread the statement you provided..and I have many links to last years ( july I think ) ruling...I will check them also....
but ...IMOP..after reading your post insert..(brief) it would appear he is upholding or indicating indictement (just) of the NFA to prohibit per general accepted meaning.....
I'm not saying IMOP that the NFA is valid , constitutional , fair , communist , or other..only that...."what they say now...goes" as to the interpretation of SCOTUS per "this" ruling brief...and remember..this is a report or brief as you will get from (1) justice...and a published report of an "opinion" as to why the (1) voted yeah / neh...should not be a basis for you or anyone to dream/plan/run out buy a sawed off , thompson sub , etc...
I can see how you might have interpreted this..but as I say...in my "opinion" of reading and understanding this , as it was posted...such a weapon being banned or listed..was upheld....
just my 2c......."and hell..about the last 2 I got anyway...so be glad U got them...
Originally Posted by CampingJosh
I have a legal question, and I'd like opinions especially from our members with a legal background (though I'd also like everyone else to join in).
This was on the second page of Justice Stevens' dissenting opinion to the D.C. v. Heller
case last year. (Full text of opinion and dissent here
(Note that Justice Stevens is one of the more liberal members of the SCOTUS, and even he says this.)
If I read that right, it seems that the Miller
ruling suggests that arms which are efficient for military use are exempt from the NFA (though certainly the ATF wouldn't see it that way until expressly ordered to do so by a federal court).
Since short-barreled shotguns are used in at least some military capacity now (see here
), is this our ticket to get at least that one portion of the NFA declared invalid? Or, am I totally off base with this?
Last edited by 1shot1k; 03-23-2009 at 08:54 PM..