Legal Question - NFA '34

[claudel]

So, according to my understanding, the NFA of 1934 doesn't actually ban any firearms or related items,
but applies a tax to that which is to be restricted.

Since Heller evidently has confirmed the RKBA as an individual Civil Right the NFA allows this Right
to be infringed by charging a fee to those who choose to exercise this right.

How is that any different from a poll tax, which is merely another instance of the government
attempting to restrict a different Constitutionally guaranteed right by adding a financial burden?

Obviously, poll taxes have been found to be unconstitutional.

If there is no basic difference, and I'd have to claim there is none, then why is this illegal restriction of Rights still on the books?

[Kramer]

The NFA of 1934 placed a group of firearms (Title II) under the control of the Gov't requiring a background check and a $200 Transfer tax. So if you live in a state that allows those specific firearms then you legally own them.

Now, as far as the Gov't is concerned, you are free to own as many NFA firearms as you want as long as you go through the background check, pay the $200 Transfer tax and they are legal where you live. And they feel this is not an infringement on your RKBA because you can go and buy regular Title I firearms without the paperwork and Transfer tax.

The NFA will continue to be around for quite awhile, and especially when you consider the recent doubling of the examiners. This tells me that they have plans to enlarge the NFA, probably adding a new category for semi-auto so called "assault weapons". Plus there have been attempts in the past by groups to repeal the NFA, but it went nowhere.

[darkhunter]

Just move to Montana where they have a law that states if the weapon is made and sold in Montana NFA doesn't apply

[justashooter]

The NFA will continue to be around for quite awhile, and especially when you consider the recent doubling of the examiners. This tells me that they have plans to enlarge the NFA, probably adding a new category for semi-auto so called "assault weapons". Plus there have been attempts in the past by groups to repeal the NFA, but it went nowhere.

moving "common use" firearms such as semi-auto into NFA would require congressional action. this is not going to happen in the current political climate. Heller guarranteed this.

[Yellowfin]

moving "common use" firearms such as semi-auto into NFA would require congressional action. this is not going to happen in the current political climate. Heller guaranteed this.

"Current" political climate has a 2 year shelf life, or sometimes even a month. We need to go on the counter offense and start pushing to repeal every federal gun law instead of only being on the defense.