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EN
Federal Judge Says Registry of Untaxed NFA Items Violates Constitution
['Cam Edwards']
Bearing Arms
By zeroing out the transfer and making taxes for most NFA firearms, Congress eliminated the constitutional basis for the regulations that formerly supported the taxes for those firearms.
No longer can the challenged NFA provisions be justified—as they have been for nearly 90 years—under Congress’s taxing power.
Thus, the challenged NFA provisions exceed Congress’s enumerated powers.
Remedy-wise, the plaintiffs in both cases are entitled to a permanent injunction barring enforcement of the challenged NFA provisions against them, their members, and their customers.
But to be clear: The challenged NFA provisions are unconstitutional.