Despite the decidedly positive developments at the Department of Justice (DOJ) concerning gun rights this year, there remains work to be done in the fight for the Second Amendment.
An example came last week when DOJ officials filed their opposition to the plaintiff’s motion for summary judgment in Brown v. ATF. The National Rifle Association (NRA) asked that the registration mandate established by the National Firearms Act of 1934 (NFA) be set aside on solid legal grounds.
DOJ lawyers defended requiring arms registration even after the tax was eliminated
Currently, suppressors, short-barreled long guns, and the nebulous “any other weapons” fall under this requirement. This despite the onerous tax imposed by the NFA being eliminated earlier this year.
But the DOJ does not believe that removing the tax also removed the power through which the NFA was established. Instead, the federal government argued that short-barreled firearms are “particularly dangerous weapons” and “uniquely susceptible to criminal misuse.”
Lawyers for the administration further argued that the Commerce Clause and the Necessary and Proper Clause justify the registration mandate.
There are larger issues than just the registration requirement
Remember, the NFA was enacted at the height of gangland violence during Prohibition. Almost a century later, 2A activists believe it has long outlived its usefulness.
The NRA further warned that anti-gun politicians could use the NFA requirements to establish a federal firearm registration program. This is hardly far-fetched, as those opposed to gun rights have long sought such action.
And that, of course, is the natural precursor to confiscation.
The tax burden is gone, and along with it, the justification for registration of these arms disappeared. With no tax levied, the NRA is correct in arguing that the remaining registration requirement is alarming.
The American Suppressor Association, the Second Amendment Foundation, and the Firearms Policy Coalition joined the NRA lawsuit.
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