DOJ Dismisses Indictment of Machine Gun Prosecution
BY Herschel Smith
6 years, 2 months ago
Via David Codrea, this interesting analysis at Reason.
Why did the SG take this strange course? The Affordable Care Act litigation may have played a role in its decision. In Texas v. U.S., the federal government argues that the ACA, which no longer raises revenue, cannot be construed as imposing a tax. The National Firearms Act no longer raises revenue, because the government won’t collect the payment. Bronsozian argued that his provision cannot be sustained under NFIB v. Sebelius. As a result, the DOJ would have had to argue that the National Firearms Act, which raises no revenue must be construed as imposing a tax. There is a tension between the two positions. Perhaps the easier path was to simply dismiss the indictment to sustain the Obamacare case.
Oh, what a tangled web we weave, when first we practice to deceive. Hoist with their own petard, as it were.
The contortions they go through to maintain their power with SCOTUS smirking in the background still astounds me. They’re not going to do the right thing because they don’t have to.
Sure. But as noted in the SG statement, US Attorneys are supposed to charge under 18USC922(o) so I don’t see it as significant. Instead of tax evasion it’s just your every day federal felony.
scott s.
.
Did they give him his weapon back? Didn’t think so.
The NFA is a house of cards. I wrote a piece for my blog on it back in 2011 when F&F was in the news. Any direct 2A challenge could now bring it down.