Live to Shoot - Defending our 2nd Amendment Rights

Is the NFA Unconstitutional?

July 09, 2022 Jeff Dowdle Episode 123
Live to Shoot - Defending our 2nd Amendment Rights
Is the NFA Unconstitutional?
Show Notes Transcript

In this episode we discuss more wins and the fact that the Constitutionality of the NFA is being challenged.


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Welcome to the live shoot podcast. My name is Jeff Dole and I've been a licensed firearm dealer for the last 14 years. In this podcast, we talked about all things related to the second amendment, or I might throw in a sports story or something going on in my personal life. So welcome. Welcome. Welcome it is Saturday, July 9th. We are. Deep in the summer, hope everybody had a good 4th of July and an independence day and celebrate this great country that we had last weekend. We just sat around. We watched fireworks. Our neighborhood does probably the best firework show of a neighborhood I've ever seen. I mean, it Sunday night it went on for about 40 minutes and I didn't stay up for on the Monday. Fourth, my wife and some friends did, and they said it was another 45 minutes of just a barrage of fireworks coming from different our neighbor's houses. So we don't live in city limits. So it's legal for us to shoot fireworks. And some of our neighbors spend, I literally thousands of dollars on fireworks, but welcome. Welcome, welcome. So last week's in my podcast, I asked, are we winning? There's a, you know, a lot going on in the two, a environment we've got. You know, the big brewing decision that came down from the Supreme court, but then we got these new firearm you know gun control laws. Community safety act or whatever it's called getting passed. But you know, my ultimate conclusion is we are winning and I, I still believe that. And I just wanted to bring up a few more items that that, that prove my point and give some hope for what's in the future article, outta the Washington examiner talks about gun sales past 1 million for the 35th consecutive month. And I was just quoting from this article from. Washington examiner says gun sales in the United States have passed the 1 million mark each month for nearly three straight years. A record being driven by people who seek to arm themselves for protection against criminals. According to new data for the 35th straight month, FBI background checks or firearms hit over 1 million, a victory for groups that have been advocating easier access to firearms for adults, you can pass the national instant criminal background check system. Nick says a quote. This is from. Mark Olivia, Olivia from the F the national shooting sports foundation. These figures are a strong reminder of the values and freedoms for which our nation stands, including the right of individuals to keep and barons for American of all walks of life. And that, that is true. The left hates to hear it. It is true that we are a nation. Built on the second amendment and that we value that. Right. And we, we, we value the ability to protect ourselves and we like guns. We like to shoot 'em they're fun. You know, we do, yes. They're hunt for hunting. People like to shoot 'em, but it we're just a, a country that. That likes to guns on the left, on the coast. They don't get it. They've never been exposed to it. They don't know what it's like to live in the middle of the country. And I'm, I'm being at a little bit stereotypical. I know there's people on all over that love guns, but the, the coastal people, the elites that just hate guns that don't understand 'em and are always coming out to get 'em. They just don't get it. And I, I think that, you know, the more we educate. The more we can prove our case. and again, here, here, there's this is an example. So there's, this came across this pro it's this a thing called project unloaded. And it it's about getting taking guns, keeping the youth from owning guns and they give on their website, their front page, a lot of different statistics, a lot of reasons why they exist. Three of the bullet points say this, a majority of youth are open to begin to a majority of youth are open to buying a, a gun in the future. Hmm. 75% of young people believe having a gun in the home makes them safer. Hmm. That's horrible. And it says young people make decisions about gun ownership in their teens and twenties. So, yes, we've got to indoctrinate them. Now, if we don't get to 'em now then it's bad. They're gonna always wanna have guns. And so here we have this project that sole purpose is to convince PE kids, young people that guns are bad, guns are bad, but we're winning that victory. The gun sales indicated. But now even a bigger victory there, a couple things are going on and both of these are stemming. The Supreme court cases. But one, we just had a case filed United States of America versus Matthew Raymond Hoover. And if you don't know who Matt Hoover is he was arrested because he was selling and promoting auto key cards. These little metal cards about the size of a credit card that had the drawing of an auto key. On it of that could, and an auto key is something that you can build to turn a firearm into fully auto, but this was not an auto key. This was just a card with a drawing of one on it. And he was selling these. And they said that that was, that was a machine gun, you know, much, like they said, a shoestring with a machine gun. They're claiming that that is a machine gun. And so he's been arrested he's awaiting trial, but now based on the Bruin case, they have filed a motion to dismiss. And in the process, they're declaring the NFA as being unconstitutional based on Bruin. And I'm not a lawyer. By any means, but I think there's some validity here and I'll just quote from the article one section of it that quotes the wording from the Bruin case and talk about how that applies here. It says And this is quoting from the B case quote. When the second amendment plain text covers an individual's contact, the constitution presum usually protects that contact. The government must then justify its regulation by demonstrating that it is consistent with the nation's historical tradition, a firearm regulation only then may a court conclude that the individual's contact falls outside the second Amendment's unqualified command. So what they're saying and what they said in Bruin basically was the second minute's pretty clear. It says there. You know, an individual's right to bear arms shall not be infringed an individual. It, it says that it is very specific. And they said that, that if you're claiming that there's some reason why outside of that, the, that wording you've got, it's gotta be demonstrated historically. And. That, that this has been tradition about in terms of how we regulated firearms. And so what that, what they're asserting here in this case is it says to summarize any law regulation or government policy affecting the right of the people to keep and bear arms us constitution. Amendment two can only be constitutional. The government demonstrates analogous restrictions, deeply rooted in American history, evidenced by historical materials, contemporaneous with the adoption of the bill of rights. So they're saying the national firearm act is, is not that, that the government can't demonstrate that it's restrictions are deep rooted in American history. So look out, they're coming for the NFA. Now another Supreme court case that's out there that I, I. That not many people talk about from the second amendment perspective, but. I think it's gonna can end up having a big impact on the ATF PRI primarily. And that was the West Virginia versus EPA case. And basically what that case says. And I'm gonna quote from monarchical in a six, three decision, the court restricted the environmental protection agency ability to regulate greenhouse gases. This sets a precedent that could limit government agencies capacity to establish new certain regulations. The court's decision is grounded in the major questions doctrine, which was deployed in this case for the first time in the upshot of this doctrine is a government government agencies, such as EPA have little leeway in setting new regulations of major economic, political importance that rely on the powers, not clearly spelled out in detail by Congress. So if Congress didn't put it in the legislation, you can't make it up. Who does that sound like? Yeah, it sounds like the ATF to me, sounds like that is a lot of what the, the ATF just redefined what the definition of a firearm was. That was in legislation. They are creating their own laws, the pistol brace regulation. That's not in the legislation anymore. It's not mentioned. So I, so the, at the ATF is historically making up their own rules and interpretations of those rules. And so I believe. Potential. I mean, and this, this could take a while to unfold, but the NFA and the ATF may be in trouble. And it, and I say that I'm hopeful because of the, the Supreme court that we have and the posture that they seem to be taking. And much of that's thank goes to Clarence Thomas, who is just. The most amazing justice out there. He is a true originalist. He believes in the constitution and he protects it and that is what he's doing. And so I believe they're gonna start looking at these new rules under different different magnifying glass. And when these, if these cases make it up to the Supreme court, I don't know if they stand a chance, because again, we have always said the ATF is stepping way outside their authority in how they are creating these rules. And I believe this West Virginia versus the APA EPA proves that, and you know, this goes, you know, it goes back to the. CCC CDC and the COVID shots and lockdowns and all that, all that type of stuff. I think it's what has led to this. And so we are going to start seeing hopefully a revolution in, in terms of how our firearm laws are put into place and how they're enforced and what the breadth of them can be. And I think they're gonna get very, very narrow. If this is Supreme court has anything to say about it. So a lot of good news. I appreciate you listening. Listen to my podcast, follow it, save it. Follow it on fountain. I've been getting you. I've had several people already know already switch over to fountain and earn some SATs. The link is still in the show notes. Share this with other people, tell 'em what's going on. Make sure everybody's aware of what's going on there. Cuz we have to continue. Like I say, to fight, fight, fight for our segmental rights. Thank you very much and have a great day.