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Posted: 11/15/2003 2:51:25 PM EDT
[Last Edit: 11/15/2003 2:52:37 PM EDT by teknical]
Legal text: caselaw.findlaw.com/data2/circs/9th/0210318p.pdf

More discussion here: www.keepandbeararms.com/news/nl/disp.asp?d=11/15/2003

I know it's been mentioned in another thread, but it's important enough for it's own, IMO.

As has already been said, there are lots of unknowns on this one.
Link Posted: 11/15/2003 5:25:51 PM EDT
I thinks it time for the AR15.com legal team to get together and figure this out. There has to be a couple lawyers that read this.If it is true that you can now convert your Semi-Auto in to Full-Auto. If so I have a couple guns im itching to convert.
Mike
Link Posted: 11/16/2003 7:13:56 AM EDT
Woo! WOO!
Link Posted: 11/16/2003 12:14:15 PM EDT
Link Posted: 11/17/2003 7:43:06 AM EDT
Isn't there already an Arizona law that forbids Machinegun possession unless they're federally registered?

Mike
Link Posted: 11/17/2003 1:23:46 PM EDT

Originally Posted By prebans:
Isn't there already an Arizona law that forbids Machinegun possession unless they're federally registered?

Mike

even with this ruling the NFA still applys so you could homebrew a gun if you file a form 1 first.

Link Posted: 11/18/2003 12:45:33 AM EDT
The NFA is predicated on the Interstate Commerce Clause. And the .gov will not accept the tax any damn way.

Case law is clear, the gov cannot tax something merely to regulate it, it must be for the purposes of raising revenue. Once the gov refuses to accept the revenue, they've recused themselves of any authority of said item, unless and until it passes over a state line. See Farmer and Rock Island Armory...

Feeling adventurous? Fill out an F1, send it with a check, dare them to cash it, the day they do or return it, frame it, copy the refusal letter, put them at your atty's office and carry the originals. Then build that Sten, like you've always wanted ("just like Bob's!), buy the ticket, take the ride.

And let your concience, God, and Faith in the System be your guide.

The ATF has reportedly said that they don't "recognize this decision". A stark admission of an agency which views itself as an authority above the Court which is it supposed to answer to.

D.
AZEX
Link Posted: 11/18/2003 8:15:33 AM EDT
And like many other cases, the Super Court it likely to reverse the 9th decision.
Link Posted: 11/18/2003 11:42:15 AM EDT
Well, I see both sdes to this one. I'm filing anyhow.

The worst that'll happen is my $200 will be tied up for a few months and I'll waste postage and fingerprint money.

The best...

You have no chance if you don't at least TRY.

Mike
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