Other State Ruling: Kansas gun law no defense to federal firearm charges

[Joe Link]

Ruling: Kansas gun law no defense to federal firearm charges

Read More

 

[User 1234]

Not a surprising outcome.

 

[albin25]

Last sentence in the story pretty much sums it up...
..."His biggest-selling items were unregistered gun silencers, prosecutors have said. Kettler, who was one of Cox's customers, was so enthusiastic about the silencer that he posted a video on Facebook."

Like so many others before him, Kettler just couldn't help himself. If he didn't post that stupid video on social media, he could have simply read about the decision instead of living it.

 

[No_Regerts]

Good. Now that we have that out of the way, start rounding up all the weed growers. I'll wait.

 

[The Heretic]

GOA Files Case Before SCOTUS To Fight Parts Of The NFA -

 

[The Heretic]

Educate me.

The NFA and other fed tax laws are based on the power of the fed gov. to tax interstate commerce, correct?

In the referenced Kansas law, it is based on suppressors that are manufactured, sold and never leave the state of Kansas? So how is this interstate commerce? I am sure somewhere, somehow, some other law has tried to do this and the fed gov has come up with some reasoning why it is still interstate commerce even when it isn't?

Beyond that, the 10 Circuit has said that suppressors are not firearms, while IIRC, the ATF says they are? The 10th Circuit says since they are accessories and not firearms, that they are not protected by the Second Amendment?

 

[Goosebrown]

Federal law trumps state law here. It's what we want if we want Heller to be followed. Sound supressorscarecwell known to be NfA items

 

[Bealzybub]

During the Marshall Court era (1801 to 1835), Commerce Clause interpretation empowered Congress to gain jurisdiction over numerous aspects of intrastate and interstate commerce as well as non-commerce. During the post-1937 era, the use of the Commerce Clause by Congress to authorize federal control of economic matters became effectively unlimited. Since the latter half of the Rehnquist Court era, congressional use of the Commerce Clause has become slightly restricted again, being limited only to matters of trade or any other form of restricted area (whether interstate or not) and production (whether commercial or not).

 

[CamoDeafie]

Educate me.

The NFA and other fed tax laws are based on the power of the fed gov. to tax interstate commerce, correct?

In the referenced Kansas law, it is based on suppressors that are manufactured, sold and never leave the state of Kansas? So how is this interstate commerce? I am sure somewhere, somehow, some other law has tried to do this and the fed gov has come up with some reasoning why it is still interstate commerce even when it isn't?

Beyond that, the 10 Circuit has said that suppressors are not firearms, while IIRC, the ATF says they are? The 10th Circuit says since they are accessories and not firearms, that they are not protected by the Second Amendment?

There's precedent. Look up the 2008 Montana Firearms Freedom Act and the 2009 decision against it by one of the Appeals Courts.
Edit; the Court determined that the following
1) the manufacture of NFA items would impact the national market of said, therefore it falls under commerce clause
2) the Federal laws supersedes State laws because the items were specifically covered under the NFA 1934 laws,
3) States do not have authority to subvert and work against Federal laws.

 

[Bealzybub]

This being the case all of these subversions in Oregon, Washington, California, Colorado should all be thrown out.

Its just my .02 cents that this is why they ruled this a tax issue in Kansas as opposed to a subversion of federal law.