Motion To Dismiss In ATF Firearms Case Claiming Bruen Makes NFA Unconstitutional

National Firearms Act NFA Unconstitutional
National Firearms Act NFA Unconstitutional

USA – -(AmmoLand.com)- Matt Hoover’s (AKA CRS Firearms) legal team filed a motion to dismiss his case, citing the recent Bruen Supreme Court decision claiming that it confirms the National Firearms Act of 1934 (NFA) is unconstitutional.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) arrested Hoover this past January, charging the YouTuber with conspiracy to violate the NFA. The ATF claims that Hoover took money to advertise the “Autokey Card.” The Autokey card is a metal card with an outline of a lightning link drawn on it. A lightning link is used to transform a semi-automatic AR-15 into a machine gun. Under the NFA, any device that turns a firearm into a machine gun is considered a machine gun.

Hoover, who lives in Wisconsin, runs a successful YouTube channel called CRS Firearms. The YouTube channel highlights firearms and makes fun of the ATF. Last year Hoover was approached by Erving about advertising the product. Before his arrest, Hoover had a federal firearms license (FFL) and a Special Occupational Taxpayers (SOT) and asked his local ATF office if the card was legal. The ATF office told him the card was not illegal. Hoover took their word but didn’t get it in writing.

The Autokey Card was sold on the web as a novelty item. The ATF raided the company and arrested the owner of the company, Justin Erving. The ATF then seized the company’s website. Hoover never advertised the item anywhere after the ATF shut down the company and declared the metal card illegal. At the time Hoover promoted the product on his YouTube channel, the ATF did not yet rule it to be a machine gun.

The new brief filed by Hoover’s legal team is a motion to dismiss the case and declare the National Firearms Act or NFA unconstitutional.

The brief relies on the recent Supreme Court decision in the New York State Pistol and Rifle Association v. Bruen. The main focus in Bruen was the right of an individual to carry a firearm outside the home for self-defense, but in addition to confirming that right, SCOTUS also ruled that the two-step process that courts have been using in Second Amendment cases was also unconstitutional.

In the Bruen opinion written by Justice Clarence Thomas, the judge stated that only the original text of the Second Amendment of the United States Constitution could be used in gun cases. Hoover’s lawyers argue that the NFA runs afoul of the Second Amendment if you use the original text as written by James Madison.

Autokeycard.com Seized By the ATF, Owner Arrested For Selling A Drawing
Autokeycard.com Seized By the ATF, Owner Arrested For Selling A Drawing

The motion also includes some original testimony from the initial NFA congressional hearings. Hoover’s legal counsel, Zachary Zermay, uses the testimony of then-Attorney General Cummings in 1934 as evidence that the NFA is clearly unconstitutional under Bruen. If the NFA were unconstitutional, even if the Autokey Card were a machine gun, the charges would still need to be dropped since they were filed as violations of the unconstitutional NFA.

There is no word as to when the judge will rule on the motion to dismiss the case and declare the NFA unconstitutional or when the state will respond.

Machine Gun USA v Matthew Hoover Supplement to Motion to Dismiss 070122


About John Crump

John is a NRA instructor and a constitutional activist. 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 can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

Subscribe
Notify of
70 Comments
Inline Feedbacks
View all comments
StLPro2A

Don’t understand how the AutoKeyCard is a NFA illegal item. Has any ATF agent inserted the card as is, without manufacturing the illustrated/depicted individual parts depicted thereon, into any firearm converting it into a full auto firearm??? NO. Is documentation, info, knowledge, blueprint conveyed regarding how to convert a semi-auto into a full-auto illegal? Is a picture of a full-auto firearm illegal?? NO. Knowledge is not illegal. Physical components are deemed illegal. A picture/depiction is free speech. Comments, background to the contrary appreciated.

swmft

dump nfa return atf to treasury as atp alcohol tobacco and prostitution they can return to collecting sin tax

Roland T. Gunner

God bless and guide the judge deciding this case. He will need the Lord’s guidance to exhibit the ethical and moral strength to not only come to the right decision, but to present it to the nation and stand by it for the record.

swmft

government looses they will fight tooth and nail and scotus will skin them alive

Chuck

The NFA is Unconstitutional. So was all subsequent legislation. In passing the NFA, Congress effectively amended the 2nd Amendment by placing Infringements on the 2nd. Neither Congress or FDR had the Constitutional Powere to do so under Article V of the US Constitution. Congress denied the States’ Legislatures their Ratification or rejection of the “Amending NFA.” A chicken schitt Supreme Court failed to uphold the Constitution at that time.

Duane

I would love for the NFA to go away.

I would settle to just walk into a store pay the 200.00 tax walk out with my firearm.

That would be a good starting place.

swmft

there would be no 200$ tax

Ed

I’m with you on that.
If I could walk in and Purchase a suppressor or Full auto tool included on my background check at POS and go home with items after Background is approved I would gladly pay $200 tax stamp. The scam of mailing the crap in and waiting months while alphabet agency white shirts play flip the coin to approve or deny applications is BS. The point of sale Background check is sufficient.

Tionico

No. Just plain NO!!!! NICS is a joke. How many of the infamous mass killers of the past twenty years are individials that SHOULD HAVE BEEN BLOCKED by NICS but were passed in spite of clearly disabling information? That’s on the false POSITIVE side. How many millions are denied or delayed each year because of a false deny return? Things liie front name back name are the same, date of birth and middle name are different than the flagged account, so they block this purchaser? That’s the false NEGATIVE. WHY should the 99.9973% of gun pruchasers be subject to even… Read more »

Doug G.

Read the filing. It’s a well reasoned argument that could have a huge effect on the NFA and many many cases brought by ATF, if not the legitimacy of ATF itself. This is a case to follow.

Orion

indeed!

Larry

In my eyes the NFA is an unconstitutional organization. The 2A declares it’s NOT TO BE INFRINGED upon, so any restrictions, bans, limitations etc. are unconstitutional according to the Framers of the constitution. The 2A was written with the intent of allowing citizens to own anything the government could own. Most law makers today don’t know, or understand the intent of Maddison. Ever since the Revolution, our enemies have been trying to disarm us and the end goal has always been the same, so they can rule over us. The reason the 2A was written to begin with was prevent… Read more »

Wild Bill

The Miller case says a lot of that. I think that you would enjoy reading it. Please see U.S. v Miller. 307 U.S. 174 (1939)

swmft

the miller case should have been overturned long ago , the statement by judge that only weapons useful to a militia should have made the ruling void as short barreled shotguns were used in the war and automatic weapons too. contrary to the outcome nfa should have died there

swmft

anyone say trench gun?

DDS

With apologies to “The World’s Most Interesting Man”:

I don’t always say “trench gun”, but when I do, I say M97.

It is hard to find a gun associated with the name John Browning that isn’t at or near top of its class, IMHO, the M97 “trench broom” is a perfect example. There are other “trench guns”, but the M97, like “Jessica Rabbit” has a certain wicked streak to its beauty.

And it scared the f*ck out of the Germans in two world wars.

Tionico

Thanks, DDS. I had forgotten ol John Moses developed that one as well. I have a fairly good selection of his “Military” designs. One goes with me everywhere I go.

Tionico

both German wars. Been saying it for years.

DDS

No one from the Miller side submitted any evidence, oral or written. The government side wasn’t about to present evidence against their own case. The court didn’t bother to go looking. Hence the statement. “In the absence of any evidence.”

Maybe not the worst decision ever made by SCOTUS, but certainly on the list. The fact that it stood for so long says a lot about the legal community’s bias against an individual right interpretation of the Second.

At least until:

https://constitution.org/1-Activism/mil/embar2nd.htm

Wild Bill

I met Sandford Levinson once. He autographed my copy of his case book, entitled, ” Process of Constitutional Decisionmaking, Cases and Materials, Second Ed.” by Paul Brest and Sanford Levinson

An extreme liberal, but wedded to honesty, he could not deny the power of the Rights guaranteed by the Second Amendment

I actually got my old case book out. Thank you for giving rise to an opportunity to meander down memory lane.

Orion

Miller passed away before his case was up before SCOTUS. and that’s why there was never any evidence countering the government’s side.

Wild Bill

That is not what Miller said. That is what elitists want you to think that is what the Miller case stands for.
Miller is a pillar of civilian gun ownership because almost every weapon is “used for military or public defense purposes”. Never mind that McReynolds did not know anything about firearms or what the military or public used for defense.
Liberals and elitists have been intentionally interpreting Miller incorrectly to suit their agenda, but upon a close reading of Miller, the Chief Justice’s opinion is very helpful to weapons owners.

Last edited 1 month ago by Wild Bill
buzzsaw

Yes indeed. I’ve always interpreted the Miller decision to say that the arms specifically protected by the Second Amendment are those of use to the military. How to tell what’s useful to the military? Look at what’s issued. If it’s issued, it’s protected. Less-capable arms would be protected by implication or common sense.

swmft

cheep shit would not be protected, if it could endanger others unintentionally (blow up) then it could be regulated
anything well made that would be able to be used to attack or defend ,cannon ,rockets, a jet big drone m1 hey it is your garage fill it how you want

Last edited 1 month ago by swmft
Tackleberry

Caetano goes even further than Miller:

Caetano v Massachusetts, 577 US – The Supreme Court held and reaffirmed that the Second Amendment extends to all forms of bearable arms:

“The Court has once again held that the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding, and that this Second Amendment right is fully applicable to the States.”

Wild Bill

That is good verbiage, but it was Alito’s dicta in the “stun gun” case.

Last edited 1 month ago by Wild Bill
Pvt_Joker

This is a very exciting development.
Based on the language in Thomas’ decision, I think it’s inevitable that the NFA will fall, eventually.
Considering that it only took two weeks after the NYSRPA decision for someone to fire shots at the NFA, this may go faster than I had dared hope.

Daddy wants a machine gun.

Last edited 1 month ago by Pvt_Joker
Finnky

“Eventually” is a concerning word in this context. We are not the only ones who see this. You can bet those who oppose civil rights are racing to see to getting the court packed – in order to reverse Bruen before “too many” rights are restored. Look how fast they are going in NY, CA and others to resist following Bruen. I hope Hoover’s case moves fast enough. I suspect DOJ-AFT will drop charges to avoid going to trial. That way Matt will be temporarily off the hook, but the rest of us will remain vulnerable. For many, the process… Read more »

Oldvet

Finnky… What would then happen if Hoover filed something like false arrest . Would that take the case back into the court system ?

swmft

then that puts the shoe on the other foot , and government would have to proove it was an honest mistake ,something I dont think they could sell even in San Francisco

Tionico

Specially now the denizens of “The City” are fresh out of Cheesy Pudding.

Tionico

Go Daddy Go!!!

Roland T. Gunner

Wow! I’m holding my breath. But I probably shouldn’t hold my breath.

TexDad

The main focus in Bruen was equal protection under the law. The law allowed for arbitrary discretion as to who got rights and who did not. The affirmation of RKBA outside the home and rejection of means-end scrutiny were some fantastic developments for human rights that we got along the way. The idea that the government can infringe on the People’s rights so long as they provided a good reason was particularly poisonous. Good riddance. Nothing about the NFA makes sense. It’s home in the tax code tells you all you need to know about its disingenuous, unconstitutional roots. I… Read more »

Miserable Wretch

I admire the genius of these tactics gun rights groups are using. Guerilla lawfare is a beautiful thing to behold.

Patriot Solutions

YEE HAW phuck the ATF bitches.

Roland T. Gunner

I wouldnt poke ’em with your johnson.

swmft

might fall off, you dont know what nasty stuff the demoncrat has been doing but it would be nice to post the atf idiots around the building on johnson bars ah la vlad III

Cam

This will be interesting to see if some of the ultra rich try and squash this. I use to be friend with some people that part of their investment retirement is mint pre 86 that have never been shot.
They bought m-16, trigger packs and Flemings sears when they could be had for 10-12k. Vectors were selling for $1,500 back then. The use to get nervous and are against ever opening the nfa for more machine guns. They claim they are pro2 but when cash is involved they get squirrelly.

The Crimson Pirate

Most of the NFA guys I have known were the opposite. They were always looking for places that would allow them to shoot, and would always say repeal the NFA because they would be able to afford a lot more and it would normalize full auto.

Roland T. Gunner

Most guys in the club don’t own that many machineguns, a couple, maybe half a dozen; but the very wealthy guys with the large collections, and the big dealers with large inventories of Form 4 transferrables? Don’t kid yourself; their pro-2A position does not extend to removing them from NFA regulation.

swmft

the guys with a real collection those would hold their value, it is the aks and m16 variants that would suffer. an original m14 ,or m2 carbine will have value due to history ,will there be “cheeper ” copies yes will those hold their value no us&s 1911 is worth 3,000–to the sky’s the limit yet there are some cheep clones that can be had under 200$

Cam

Yep I can’t imagine companies like dealernfa that have easily 1/2 million in inventory too happy with the idea. A 50k Flemings mp5 now worth the same as a sp-5 because they can all now be full auto.

swmft

I vote that way,there are ranges that could never accommodate a machine gun but there are some that allowed before brady bill that stopped because of it ..county sherif knows I have full auto so when I fire in my yard and someone calls they dont respond, other than to text me a “neighbor” called which is bs because nearest house is over a mile some idiot trespassing called

Bubba

Never mind the dog.
Trespassers will be shot.

DRTMI

The dog only eats what I shoot and I don’t miss.

Oldvet

swmft… I live a tic over two and a half north and one half west of a local trap range . I hear them all the time. I just wish they would put in some skeet houses and a rifle range !

swmft

nice trap and skeet near me ,still use a sweet sixteen, but bought a ts12 for skeet

swmft

I still have one too, I learned with a Winchester double try to get three that way you have to be fast
ts12 gives me 16 rounds cant miss even with these old eyes

Last edited 1 month ago by swmft
Tionico

speaking of being fast… back when we were kids, we were visiting family back at Dad’s home turf. One of his older brothers had been a sniper in the Pacific Theatre closing out the War over there. His duty rifle was an M1903 bolt gun. They let him bring it back when they sent him home. He made a Monte Carlo type stock, and that became his deer and bear rifle for hunting. One day he and Dad and us three oldest (me, boy of maybe 15, two younger sisters) out into the desert for some boom time. Our string… Read more »

swmft

first was a black powder my uncle gave to me he had quite the collection of 1600s and 1700s firearms house had been a frontier trading post and all this stuff was hidden in cubbies everywhere some were as good as new some were rusted relics…first modern was a Ithaca bolt action

StLPro2A

SWMFT….did the TS12 thingy, but followed up with the SRM1216 for 2lbs lighter and the mag change ability….reload speed for Kamikaze-mega-incoming”….:) 🙂 🙂

Bubba

Repeal the NFA and ATF!
I can’t wait.

Does us no good if they force close all the Ammo manufacturing. 🙁

Having full auto at the moment is worthless, if you can’t afford the ammo.
I’m
Just saying’.

swmft

some of us stockpiled yeeeeeeaaaaaars ago think jimmy the smiling idiot so full auto with what it was made to eat no problem, good long range target ammo limited powder and primers ,self defense ammo , I dont want to carry starburst

Tionico

only worth slightly less for a while yet.

gregs

nice to see people not cower to the government and take it to them. the language in the Bill of Rights is very easy to read and understand. too bad most leftists have poor reading comprehension skills. so much for the public education system.
the nfa and the gun control act of 1968 both need to be shitcanned, along with all the restrictions the federal, state and local governments have placed in the path of freedom.

Tionico

quote: “most leftists have poor reading comprehension skills. so much for the public education system.”

This is a carefully engineered feature of the system, certainl NOT a bug.

swmft

if they cant read you can tell them whatever you want and they believe

Joe R.

I think the end-all, be-all argument against ‘gun control’ of any kind is our Great Nation’s birth certificate, The Declaration of independence. Paragraph 2 of the Declaration states 2 times in its flesh-language to abolish “any” form of government “whenever” [a U.S. Citizen] deems necessary. One of those times it states that it is ones “duty” to. It is further implied in its opening paragraph. Our Founders / Framers could not have written that, and yet still intended for a Citizen to still have to ask, the government that needed replacing, for the means, or the permission to obtain the… Read more »

922r

So using ATF’s logic in pursuing this case, Facebook should also be charged for promoting the illegal Glock Switches and solvent traps on their social media site. Why isn’t Mark Zuckerberg facing charges? Is it because those were entrapment schemes run by a government agency or is FB just on the approved list and GTG?

john

This might be helpful others to understand the Auto Key Card and how it functions. I needed to look up for more information to understand the process and how it was intended to be used.

Very clever I have to admit now that there is picture of this it would look easy to make in any home work shop.

Not Just A Can Opener >

https://www.pewpewtactical.com/autokeycard-explained/

Heed_the_Call-up

So the ATF is going after him because of a drawing (etching) on a can opener. Does that make a drawing (etching) of an M-16 an M-16, and therefore an illegally produced automatic weapon?

Bigfootbob

Typical leftist antediluvian thinking. I’ve recently read articles about the leftist mendacious reprobate propagandists, (formally known as public school teachers), disciplining students for drawing pictures of carbines and pistols. The educators/propagandists knows how to program the soon to be bureaucrat, oppressors, wannabe tyrants, since many if not most of people who are employed by the ATF, all of the alphabet unconstitutional administrative agencies, urban planners and truthfully just about every government employee, will never be subjected to real private sector life. These programmed “Stepford Employees” from the time they start school until the day they retire, have been Wards Of… Read more »

Last edited 1 month ago by Bigfootbob
Tionico

You got it right, there…… precisely their MO.

Should all be taken downtown and fitted for their new or slightl used orange Onesies then corralled onto a bus and driven off to their new Hotel, the GreyBar.

Finnky

My understanding is etching n auto key is not at scale. Cut on etches and it won’t work!

swmft

the can opener ones are close slightly oversized so can be made to work the triples look too small

Ope

ABOLISH ATF,RESCIND NFA !

Green Mtn. Boy

By the wording of the 2 nd. amendment that is the only course of action to be faithful to it’s wording.

swmft

that will fix nics for good

Bubba

Not likely.