Admittedly, the US Code is a long list of cluster that is not easily digested. But it is worth reading the NFA, the Gun Control Act of 1968, the Firearms Owner Protection Act, and the various resulting regulations implementing this in the federal registry.
You might not be aware that a significant portion of these acts provide the Attorney General with discretion to make determinations on certain things. For easy example, 18 USC 922(a)(4) allows the Attorney General to authorize the (1)transfer; (2) possession; and (3) transport "in interstate commerce" of NFA firearms (SBR/SBS/Machine gun/Destructive device) "consistent with public safety and necessity" to members of the general public. Might be a good reason we need a badass AG...
So if we presume that courts aren't going to invalidate any of these gun control acts of Congress, the executive can direct the AG to utilize his discretion provided by Congress to do a lot of things we wouldn't like.
I think recent case law provides a solid but not certain framework to invalidate portions of these unconstitutional acts. Much of the basis is "suitable for sporting purposes." Well, plainly, we have a right to keep and bear arms for reasons beyond sport. Assuming that nobody is going to try to argue that killing a lunatic breaking into your house at 3am with a firearm is a sporting activity. Likewise, in the event of a riot, although some might consider sniping Antifa from the comfort of their own driveway while playing drinking games a "sport" in this case; most people would shit themselves if having to fend a mob off from their home.
Also, it is difficult to consider that Congress can pass a lawful tax (NFA tax stamps on SBS/SBR/MG/DD) that gives the executive discretion on whether to seek it. While I've not pondered this question until posing it here, I suspect that this would not be a lawful delegation of Congressional tax power.
So this isn't a 3d move here, imo. But a SCOTUS that isn't interested in hearing these cases is useful in that we only need 1 of the 13 circuit courts of appeal to enjoin this nonsense for it to take effect across the country.
Admittedly, the US Code is a long list of cluster that is not easily digested. But it is worth reading the NFA, the Gun Control Act of 1968, the Firearms Owner Protection Act, and the various resulting regulations implementing this in the federal registry.
You might not be aware that a significant portion of these acts provide the Attorney General with discretion to make determinations on certain things. For easy example, 18 USC 922(a)(4) allows the Attorney General to authorize the (1)transfer; (2) possession; and (3) transport "in interstate commerce" of NFA firearms (SBR/SBS/Machine gun/Destructive device) "consistent with public safety and necessity" to members of the general public. Might be a good reason we need a badass AG...
So if we presume that courts aren't going to invalidate any of these gun control acts of Congress, the executive can direct the AG to utilize his discretion provided by Congress to do a lot of things we wouldn't like.
I think recent case law provides a solid but not certain framework to invalidate portions of these unconstitutional acts. Much of the basis is "suitable for sporting purposes." Well, plainly, we have a right to keep and bear arms for reasons beyond sport. Assuming that nobody is going to try to argue that killing a lunatic breaking into your house at 3am with a firearm is a sporting activity. Likewise, in the event of a riot, although some might consider sniping Antifa from the comfort of their own driveway while playing drinking games a "sport" in this case; most people would shit themselves if having to fend a mob off from their home.
Also, it is difficult to consider that Congress can pass a lawful tax (NFA tax stamps on SBS/SBR/MG/DD) that gives the executive discretion on whether to seek it. While I've not pondered this question until posing it here, I suspect that this would not be a lawful delegation of Congressional tax power.
So this isn't a 3d move here, imo. But a SCOTUS that isn't interested in hearing these cases is useful in that we only need 1 of the 13 circuit courts of appeal to enjoin this nonsense for it to take effect across the country.