Pennsylvania Firearm Owners Association
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  1. #1
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    Default SCOTUS to rule on Kansas Vet's Suppressor.

    Ruling expected on the 6th. How does something like this play out? I have a feeling they're simply going to rule that Kansas has no right to have laws supreme to federal law, and ignore the NFA/2A argument altogether.

    GL, thoughts?


    "The fate of a disabled U.S. Army veteran convicted of possessing an untaxed firearm suppressor is in the hands of the Supreme Court, which is slated to issue a decision this Thursday.

    Jeremy Kettler has been appealing to the higher courts since his November 2016 conviction in Kansas of possessing a suppressor he purchased to avoid worsening his hearing loss suffered during his military service – possession that allegedly violated the National Firearms Act (NFA), according to Guns.com in January.

    Kettler failed to pay a $200 tax and file ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) paperwork to register the suppressor, which he purchased from a local Army-Navy surplus store. The owner of the store, Shane Cox, was not licensed to manufacture such accessories, and was also found guilty for illegal manufacture and marketing.

    Although federal law requires silencers to be registered per the NFA, Kansas state law says that all firearms, accessories and ammo manufactured and possessed inside the state are exempt from federal law.

    The suppressors were stamped with “Made in Kansas,” and both Kettler and Cox argued that they were acting in accordance with Kansas’ Second Amendment Protection Act.

    Kettler noted this point in his appeals, arguing that the NFA was “an invalid exercise of Congress’ power to tax.” His lawyers argued that the tax only exists as a form of gun control.

    However, the 10th U.S. Circuit Court of Appeals rejected his challenge in October 2018, upholding his original sentence of one year on probation.

    Kettler, along with Gun Owners of America (GOA), filed a petition to the Supreme Court this past January to have the constitutionality of the case considered."


    https://americanmilitarynews.com/201...l-controversy/
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  2. #2
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    Default Re: SCOTUS to rule on Kansas Vet's Suppressor.

    A supreme court ruling on suppressor possession about a week after some nut goes on a shooting spree where it is alleged he used one. Does anyone think this is more than a coincidence?

  3. #3
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    Default Re: SCOTUS to rule on Kansas Vet's Suppressor.

    Quote Originally Posted by JustinHEMI View Post
    Ruling expected on the 6th. How does something like this play out? I have a feeling they're simply going to rule that Kansas has no right to have laws supreme to federal law, and ignore the NFA/2A argument altogether.

    GL, thoughts?

    . . .
    The federal courts upheld the Hughes Amendment banning all new MG's as an exercise of the commerce clause (it was added to 922, not part of the 1934 Act). i suspect the courts would uphold the silencer registration requirement as an exercise of the tax power.

    On the other hand, this is post-Heller, with 2 new Justices.


    Quote Originally Posted by eagleclaw View Post
    A supreme court ruling on suppressor possession about a week after some nut goes on a shooting spree where it is alleged he used one. Does anyone think this is more than a coincidence?
    I can't remember the last silencer case that made it up into the appeals courts; nor can I remember the last time a spree shooter used a silencer. Seeing both happen in the same week seems . . . unlikely. Without any evidence, I can't guess at the causal link (maybe the shooter read about the case and wanted to make a difference for snowflakes everywhere).

    But it does make the spidey sense a little tingly.

    Sometimes, coincidences happen, and they look like a glitch in the matrix. A passenger jet is shot down because the Soviets thought it was a spy plane, and it was flight 007. A man buys himself a pardon from Bill Clinton and his name is Mr. Rich. Things happen, they aren't always some master scheme by the Masons or International bankers/Jews or space aliens allied with escaped Nazis. Sometimes an OK sign is just an OK sign.
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  4. #4
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    Default Re: SCOTUS to rule on Kansas Vet's Suppressor.

    Quote Originally Posted by GunLawyer001 View Post
    The federal courts upheld the Hughes Amendment banning all new MG's as an exercise of the commerce clause (it was added to 922, not part of the 1934 Act). i suspect the courts would uphold the silencer registration requirement as an exercise of the tax power.

    On the other hand, this is post-Heller, with 2 new Justices.




    I can't remember the last silencer case that made it up into the appeals courts; nor can I remember the last time a spree shooter used a silencer. Seeing both happen in the same week seems . . . unlikely. Without any evidence, I can't guess at the causal link (maybe the shooter read about the case and wanted to make a difference for snowflakes everywhere).
    I would think the opinion of the high court for this case was written and finalized weeks if not months ago, so the VA Beach shooting shouldn't have any bearing on the decision.

    What's the possibility or probability of the Justices revising or changing their opinions within three working days, though?
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    Default Re: SCOTUS to rule on Kansas Vet's Suppressor.

    I think I misunderstood what was happening on the 6th. I think this is a conference, which will then be followed by a decision on whether or not they're going to hear the case.
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    Default Re: SCOTUS to rule on Kansas Vet's Suppressor.

    Maybe, just maybe I could see them being NFA, if they were silent, but they're not.
    You should be able to buy one at kmart.

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    Default Re: SCOTUS to rule on Kansas Vet's Suppressor.

    If they rule that Kansas has no authority to preempt federal laws, couldn't that ruling then be used to upend the whole legal weed and sanctuary city nonsense as well?

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    Default Re: SCOTUS to rule on Kansas Vet's Suppressor.

    Quote Originally Posted by KJP442 View Post
    If they rule that Kansas has no authority to preempt federal laws, couldn't that ruling then be used to upend the whole legal weed and sanctuary city nonsense as well?
    Yes, absolutely. The only reason the legal weed thing is happening at all is because the DEA has been instructed not to go after state-legal dispensaries.
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  9. #9
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    Default Re: SCOTUS to rule on Kansas Vet's Suppressor.

    States rights, maybe Mark Cuban can help the guy out since he's a big states rights guy.
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    Default Re: SCOTUS to rule on Kansas Vet's Suppressor.

    Quote Originally Posted by KJP442 View Post
    If they rule that Kansas has no authority to preempt federal laws, couldn't that ruling then be used to upend the whole legal weed and sanctuary city nonsense as well?
    Wouldn't that also ripple in states that trample the 2A?
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