The NFA Tax Challenge
A tax change created a constitutional challenge
Well, where do you wanna start? Do you wanna s- I guess, you know, look, you're the resident machine gun collector around here, so I guess we will start with the NFA.
So some- summarize for the listener, 'cause it'll help me understand where things are at and where you're at, where, what has happened with the NFA and where are we at last you've heard at 8:42 PM Eastern Standard Time?
Well, uh, the big beautiful bill set, uh, the tax on suppressors, short barrel rifles, short barrel shotguns, and AOWs to $0.
When that happened, s- it kicked in several lawsuits from GOA and Silencer Shop and some other companies, and they, uh, and PSA, I guess I should mention them, and they sued on the behalf that the NFA, the 1934 NFA act, the only reason for the fingerprints, the photographs, and the paperwork is to keep track of tax money.
Mm-hmm.
'Cause it's a tax act.
It is not a registration on guns, which is illegal.
Yes.
So [laughs] now that since they are not collecting tax, it has now been said, they sued saying, "If you're not collecting tax, therefore you can't keep track of all this with all these forms and stuff." And they took it to a court here in Texas, in the Northern District, and they, the, there was two claims that they were working with.
One was a 2A based claim, Second Amendment based claim, and also the other was the tax, from the tax side.
So they had two attack avenues.
The judge completely ignored the 2A side and said, just went right after the tax saying, "Yes, you don't collect tax, therefore you don't, there's no reason to do any of all this paperwork and tracking and stuff." So he gave them seven days to app- gave the government seven days to appeal.
Well, he ru- yeah, he ruled that, that, um, that, you know, this was unconstitutional, but then he issued an injunction, which is common, to give the other side time to appeal so it doesn't cause chaos.
Right.
So they actually had more than seven days to appeal, but he s- seven, he, he stayed his ruling s- for seven days for them, give them time to appeal.
Apparently 47 congressmen are, signed a paper w- and sent it to Trump or the DOJ saying that they, their intention was to make it zero and get rid of this crap to start with.
So, and DOG, DOJ has apparently said they are not gonna appeal this e- ever.
So given that they're not gonna-- I think they got 60 days basically from when the ruling, uh, occurred to appeal it.
Okay.
Yeah, that's, that's what I was expecting, is, you know, I just felt like-- Well, well, a couple things you said that I wasn't aware of.
I did not-- I was not aware that 40-some congressmen or members of Congress had, had sent a letter to the DOJ.
I did see a letter to the attorney general, the new one, is it Blanche? But, um, I didn't reali- I thought it was just one, I thought it was just one congressman that was kind of known for the gun stuff.
Second of all, I wasn't aware that when they made it zero, their goal was to destroy the NFA.
Like, I didn't, I just assumed that this was just some way to just, you know, make it cheaper for gun owners.
I didn't realize that they were-- their, their goal was to create this constitutional problem, uh, to destroy the NFA.
Well, where do you wanna start? Do you wanna s- I guess, you know, look, you're the resident machine gun collector around here, so I guess we will start with the NFA.
So some- summarize for the listener, 'cause it'll help me understand where things are at and where you're at, where, what has happened with the NFA and where are we at last you've heard at 8:42 PM Eastern Standard Time?
Well, uh, the big beautiful bill set, uh, the tax on suppressors, short barrel rifles, short barrel shotguns, and AOWs to $0.
When that happened, s- it kicked in several lawsuits from GOA and Silencer Shop and some other companies, and they, uh, and PSA, I guess I should mention them, and they sued on the behalf that the NFA, the 1934 NFA act, the only reason for the fingerprints, the photographs, and the paperwork is to keep track of tax money.
Mm-hmm.
'Cause it's a tax act.
It is not a registration on guns, which is illegal.
Yes.
So [laughs] now that since they are not collecting tax, it has now been said, they sued saying, "If you're not collecting tax, therefore you can't keep track of all this with all these forms and stuff." And they took it to a court here in Texas, in the Northern District, and they, the, there was two claims that they were working with.
One was a 2A based claim, Second Amendment based claim, and also the other was the tax, from the tax side.
So they had two attack avenues.
The judge completely ignored the 2A side and said, just went right after the tax saying, "Yes, you don't collect tax, therefore you don't, there's no reason to do any of all this paperwork and tracking and stuff." So he gave them seven days to app- gave the government seven days to appeal.
Well, he ru- yeah, he ruled that, that, um, that, you know, this was unconstitutional, but then he issued an injunction, which is common, to give the other side time to appeal so it doesn't cause chaos.
Right.
So they actually had more than seven days to appeal, but he s- seven, he, he stayed his ruling s- for seven days for them, give them time to appeal.
Apparently 47 congressmen are, signed a paper w- and sent it to Trump or the DOJ saying that they, their intention was to make it zero and get rid of this crap to start with.
So, and DOG, DOJ has apparently said they are not gonna appeal this e- ever.
So given that they're not gonna-- I think they got 60 days basically from when the ruling, uh, occurred to appeal it.
Okay.
Yeah, that's, that's what I was expecting, is, you know, I just felt like-- Well, well, a couple things you said that I wasn't aware of.
I did not-- I was not aware that 40-some congressmen or members of Congress had, had sent a letter to the DOJ.
I did see a letter to the attorney general, the new one, is it Blanche? But, um, I didn't reali- I thought it was just one, I thought it was just one congressman that was kind of known for the gun stuff.
Second of all, I wasn't aware that when they made it zero, their goal was to destroy the NFA.
Like, I didn't, I just assumed that this was just some way to just, you know, make it cheaper for gun owners.
I didn't realize that they were-- their, their goal was to create this constitutional problem, uh, to destroy the NFA.
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The NFA Tax Challenge
A tax change created a constitutional challenge
Why the Stoner Was Expensive
Complexity may explain why the Stoner disappeared
The Capture Papers Exception
War trophies may still retain legal status
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