DC NPR show: Fenty leans to appeal Parker

[LawBot5000]

No, it just said that 922(o) implicitly extinguishes the taxation of banned machine guns.

Neither was held to be unconstitutional and the taxation of post-86 MGs would implicitly return if 922(o) was struck down.

 

[Telperion]

I do think that the NFA is here to stay.

If Parker gets affirmed, I think certain parts of the NFA are fair game for attack, and that the courts are the best venue for it. There are a number of points on which the NFA could be challenged:

1. CLEO signoff being a sketchy way to deny 2A rights without due process
2. 5320.20 forms (file every time you take an NFA firearm out-of-state) being an undue burden on the exercise of a right. This one is really indefensible in any individual rights climate. The federal government needs a record of dates and places each time an individual takes a vacation and brings his toys -- why?
3. The tax itself. In Minneapolis Star & Tribune, the Supreme Court took a very dim view (8-1 decision) of a special tax used to single out the press for special treatment, even though there was no evidence the state intended to suppress freedom of speech.

 

[Sam Adams]

Bump for additional discussion. Has anyone heard anything else about what Fenty's likely to do? Any additional discussion/articles on the likely outcome(s)?