How to Attack the NFA

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The NFA never should have been enacted but we are (unfortunately) stuck with it for now. In my view, the proper way to attack in the courts the NFA is incrementally, i.e., one case at a time. As I see it, we need SCOTUS victories on AR bans and Mag bans first. Then attack the NFA by arguing “suppressors” and perhaps “short barrel rifles” are protected arms and, of course, look to attack the NFA via going after the Hughes Amendment as per the Rybar dissent in the Third Circuit by then-judge Alito. We have several 2A issues to clean up first before I think we can launch a serious legal assault on the NFA. That’s just the political and legal reality today.

As to my views, I unfortunately do not possess the power to waive a magic wand and eliminate unconstitutional and and/or stupid gun control laws. So, I have to work within our constitutional system, which is not perfect but it certainly beats all the other political systems out there.

Mark W. Smith/#2A Scholar @fourboxesdiner
Posted on X, November 17, 2023

Yes, this was posted a year ago. I’m trying to clean up my queue.

If you follow Smith’s YouTube channel (164 K subscribers), you will find his predictions about SCOTUS. He predicts they will take the semi-automatic ban case out of Maryland this term. That would likely mean “assault weapons” and normal capacity magazine bans in all states would be “dead men walking” by next summer:

With that out of the way the NFA would soon see front line action in the courts.

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4 thoughts on “How to Attack the NFA”

  1. Sooner than that, actually. With all the libs screaming that our democracy is now over and the rule of law is now in the past, why can’t we just go down to the local Ace Hardware on January 22 and buy a new M60?

  2. Once a lawyer, always a lawyer.
    “The right of the people to keep and bear arms, shall not be infringed.”
    One would think reading comprehension would be a minimum to pass the bar?
    I guess not.
    And this crap should have been put to bed in ’34? And why hasn’t anyone revisited it?
    They going to say their worried about a few bank robbers killing people. Then pass abortion as legal?
    Worse yet is we have a constitution wrote by the people, for the people. But only 9 people are allowed to understand it.
    I like Mark Smith. But this billable hours crap has to end.
    It way passed time lawyers learn to code.

  3. Piecemeal attempts to side step the NFA is an unspoken and tacit admission that the NFA is Constitutional. It’ s not. We should be seeking it’s removal in it’s entirety based on the clear and concise language of the Second Amendment. Otherwise the gun grabbing commies will continue their eternal attacks on our Right. Just because we win a battle doesn’t mean that battle stays won. A change in the legislative make up at either a state or Federal level and laws that favor our Rights can easily be removed and replaced with restrictions. The gun grabbing left NEVER quits, goes away or surrenders. We have to gut them by having ALL laws pertaining to the Second destroyed judicially. Any laws left on the books grants “legitimacy” to such laws that in reality doesn’t exist.

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