SACRAMENTO, CA and WASHINGTON, D.C. –-(Ammoland.com)- Firearms Policy Coalition announced the filing of an important joint amicus brief with the Cato Institute at the Ninth Circuit Court of Appeals case in a man’s appeal from a conviction under a federal tax law relating to “machineguns”. The brief can be found at https://www.firearmspolicy.org/legal and https://www.cato.org/blog/case-intersection-taxing-power-second-amendment.
“Several years ago, Nick Bronsozian was charged with possession of an unregistered machinegun under a tax law statute. The provision in question, 26 U.S.C. § 5861(d), says that in order to have a machinegun registered, a tax must be paid on it,” explained amicus brief authors Ilya Shaprio and Matthew Larosiere at Cato’s eponymous Cato at Liberty blog, “[The Defendant-Appellant Mr.] Bronsozian didn’t pay his tax. Case closed. That’s what the government argued anyway, but the situation is more complicated than that.”
“A subsequently enacted law, 18 U.S.C. § 922(o), prevents the government from registering and accepting tax payments on new machineguns,” they continued. “So Bronsozian was charged and convicted of a felony for not paying a tax that the government would not allow him to pay. If that strikes you as odd, it’s probably because you’ve read the Constitution.”
“The Constitution established a government with powers that are few and defined. The taxing power gives the government the authority to implement taxes, not to lock people in cages for failing to pay a tax the government won’t allow them to,” said Larosiere.
“We are honored to join the Cato Institute in this important effort to ensure that the government operates within the four corners of the Constitution,” said FPC President Brandon Combs. “This case shows how outrageous our government operates on a regular basis, but we will continue working to restore the limited government that our Founders established so that individual liberty may thrive.”
About Firearms Policy Coalition
Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms.
About The Cato Institute
The Cato Institute (www.cato.org) is a public policy research organization dedicated to the principles of individual liberty, limited government, free markets, and peace. Its scholars and analysts conduct independent, nonpartisan research on a wide range of policy issues.
We cannot own a MG manufactured after 1986 but you all here are arguing for this guy to own what we can’t? It’s illegal for me than it’s illegal for him, period!
I’m confused. The guy buys a machine gun from a Class 3 dealer. Fills out the paper work, waits for the government to say ok. Then, after paying for it, takes it home? I thought you had to submit the money for the tax stamp when you sent it in to the Fed’s. Like suppressors.
What am I missing?
It bothers me that failure to pay a $200 tax on an NFA item can result in prison time and a felony record when a great many people including very prominent politicians (Charlie Rangle, the Clintons, etc.) have failed to pay tens of thousands of dollars in tax and suffered nothing more than a mild scolding and a relatively small interest penalty once they did cough up the dough.
what a novel idea. Going back to the original intentions of the founders buy reading their words and not “interpreting” them.
Gods speed Ladies and Gentlemen of the FPC
Sounds like a valid argument but I have a feeling the courts (especially the 9th circus) will tell him to stick his argument.
This is exactly what happens when lawyers with no comprehension of the Constitution write laws.
REPEAL IT ALL!!!
1934 NFA
1968 Gun Control
1986 FOPA that is never followed anyway and caused this lawsuit in the first place
1993 Gun Free Death Zone laws
ALL other federal, state, and local gun laws. They are all nothing but infringements on the one true gun law that restricts government…THE SECOND AMENDMENT.
Yes…I do wish I could afford a tank, a jet fighter armed with missiles and cannons, and a freakin’ nuke. So suck it hoplophobes, The Second Amendment says, “arms” not muskets.