Opinion
Washington, D.C. –-(Ammoland.com)- Kansas resident, Jeremy Kettler, served his country with distinction. While fighting for the United States, he experienced hearing loss.
In 2016, the disabled U.S Army vet purchased a suppressor to use on his firearms during target shooting to prevent further damage to his hearing.
Kansas has a law called the Second Amendment Protection Act. The law states that firearms made within the borders of the state and kept only within Kansas are exempt from national firearms regulations.
Kettler purchased a suppressor from a military surplus store run by Shane Cox. Cox started producing and selling suppressors marked with “Made in Kansas.” Cox reassured Kettler that Second Amendment Protection Act shielded both parties from the National Firearms Act which requires a long waiting period and a $200 fee to buy a suppressor.
States have been making their own immigration and drug laws that directly contradict federal laws for several years. The federal government seems to be turning a blind eye to states like Colorado, California, and even the District of Columbia for their decriminalization of marijuana and sanctuary state statuses, but the Bureau of Alcohol Firearms and Tobacco (BATF) was not going to extend the same flexibility of enforcing the law to gun owners.
Kettler believed he complied with the law when it came to owning the suppressor. He uploaded a video to Facebook about the purchase of the unregistered suppressor. The ATF would use the footage against Kettler in court.
Federal authorities arrested Cox and Kettler for violating the National Firearms Act of 1934. Prosecutors charged Cox with the illegal manufacturing and selling of unregistered suppressors. They charged Kettler with possession of an unregistered suppressor. The court convicted both men on the charges.
The two appealed their convictions to the Tenth Circuit of Appeals. They challenged the lower court’s ruling that the men’s belief that the Second Amendment Protection Act protected them from federal law was not a valid defense. They are also challenging the constitutionality of the NFA itself.
Gun Owners of America (GOA) has stepped up and started a legal defense fund for Kettler. In January of this year, GOA petitioned The Supreme Court of the United States to hear Jeremy Kettler v. United States challenging the constitutionality NFA.
GOA Executive Director Erich Pratt sees this case as a good chance at getting the NFA overturned by SCOTUS for being unconstitutional.
“With the Kettler case, GOA is challenging the NFA before the U.S. Supreme Court,” Pratt told AmmoLand News . “The real purpose of the NFA is to chill the exercise of a constitutionally-protected right.”
“Consider that if a wage earner failed to pay a $200 tax, the IRS would impose a minimal fine—maybe even, garnish his or her wages. But not with the NFA. In failing to pay the $200 tax for a suppressor he bought in compliance of the laws of his home state, Jeremy Kettler incurred the wrath of the Obama administration which charged him with penalties that could have resulted in ten years in jail.”
Attorneys Generals from Arkansas, Idaho, Kansas, Louisiana, Montana, South Carolina, Texas, and Utah have filed amicus briefs with SCOTUS on behalf of Kettler.
SCOTUS is due to rule if they will hear the case this week.
About John Crump
John is an NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot-News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement, including 3%’ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.
First, stay off of Facebook, you see the government monitors it especially the atf. FDR was an gun banner, he also copied Germany when Hitler said “guns and gold are enemies of the state”, so guess who did the same thing over here? The only reason why sound suppressor were included in the illegal 1934 gun control act , was that some joker with the fish and game told a senator that if they banned all suppressor, that it would stop all poaching! Yeah, right, has all poaching stopped? No it still goes on (and will get worse with all… Read more »
In Missouri SB367 has been introduced, which mirrors KS protection act. Many claim, as those did in KS, activity such as Kettler engaged, would be protected activity.
These laws or proposals forbid state agencies in assisting the prosecution of federal laws – they do not bar such prosecutions.
The case may be argued and won, absent any 2nd Amendment discussion. The Supremes may grant cert and find, as it has in the past, the commerce clause within State sovereignty (intrastate) trumps federal interstate restrictions.
My vote, cert should be granted!
Under our system of Federalism, state laws to not have to mirror Federal laws. The Feds cannot force the states to criminalize actions or enforce Federal laws. This should have been learned in 6th grade.
Yes, the NFA is unconstitutional, but our judges lack the guts to call it so.
Yes, the Commerce Clause has been raped to the point it is unrecognizable. It should only apply to actions of the states which restrict interstate commerce.
Interesting that the ATF goes after a suppressor manufacturer and one buyer… Was this the first and only can that Cox produced? Are there other firearms and firearms accessories manufacturers in Kansas that are in the ATF’s sights? What made this event catch the eye of the Obamination? There has to be a scheme since libtards don’t do nothing without tying it to their grand scheme of tyranny. Watch your back, Kansas.
Good on GOA for their support of Kettler and Cox.
atf: NOYMFB, AH
I hope this case is successful and support its actions.