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To: 45Auto
I'm not optimistic that the courts will protect our RKBA. The Supreme Court didn't repeal the NFA in Miller. Despite all the lip service paid to RKBA as an individual right, the 5th Circuit didn't repeal 18 USC 922(g)(8) in Emerson. Actually, under the Emerson court's socialist definition of a right (i.e., government may infringe upon a right provided it has a "compelling reason"), we have no rights at all. The nanny state's reasons to infringe our rights are always compelling. Very few of our federal judges have ever seen a "gun control" law that they didn't like.
28 posted on 03/19/2002 11:28:45 AM PST by Mike Johnson
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To: Mike Johnson
Very few of our federal judges have ever seen a "gun control" law that they didn't like.

That's very true, unfortunately. As good as the Emerson decision was in light of the court's dicta about the RKBA, even that court left open the door for more, not less, gun control since it left intact the restraining order provision, something that is clearly unconstitutional. Many other Federal District Appellate Courts, like the infamous 9th Circuit, have never rendered a decision that was postive for the RKBA. In fact, the 9th Circuit has consistently found against the RKBA and it searches high and low for obscure, mostly unrelated case law, in order to justify complete government control of who gets guns. In blatant cases, like the 1992 Fresno Rod and Gun Club v. Van de Kamp (then AG for California) they purposefully misused Cruikshank to uphold the unconstitutional Roberti-Roos AW ban. The 9th Circuit is composed of neo-nazis.

31 posted on 03/19/2002 12:40:55 PM PST by 45Auto
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To: Mike Johnson
"The Supreme court didn't repeal the NFA in Miller."

IMHO, there was no repeal because the NFA is a revenue raising measure, and as such in and of it'self Constitutional.

There have been other USSC decisons to the effect that revenue laws cannot be promolgated in order to effect social modification.

A $200. tax in order to posses and to even transfer ownership of a 50 dollar weapon could not be seen any other way.

Machine guns could be bought at the time as surplus arms for a mere few dollars, or brought into the country as war souveniers without any cost.

33 posted on 03/19/2002 1:07:01 PM PST by wcbtinman
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