Happy Infringement Day!

[ShawnZR-1]

Well, to be more precise, happy St. Valentine's Day Massacre Day!
On this day in 1929, 7 'Bugs Moran' gang members were shot to death by Al Capone's henchmen. No big deal, right?
WRONG!

This incident was the impetus of the 1934 National Firearms Act, arguably the biggest infringement on the Second Amendment EVER! This monumental overstep from the .gov has facilitated every new law and restriction since!
What you may not know is, most congressmen who voted for this abomination KNEW it was unconstitutional on its face! Their plan was to lay it at the feet of the SCOTUS and have it struck down. Easy way to avoid any backlash and still look like they tried to "do something".
And it was well on its way to its demise as it was actually ruled unconstitutional! In 1938, the District Court of Arkansas ruled the statute unconstitutional in US v. Miller. However, it was appealed to the SCOTUS (naturally) and that's where it was expected to be wiped out. Except... the defendant didn't show and no brief was filed!! WHY? Well, apparently, Miller was murdered a month before the scheduled hearing. How convenient.

So, Happy ID! err... VD!

 

[rbstern]

Close, but not quite. The case was heard in late March, 1939. Miller was found dead in April.

The issue was Miller's counsel didn't show, since he had no idea how to contact Miller and no one was paying for him to travel to D.C. and argue in front of SCOTUS.

The government made their argument, and nobody argued for the defense.

The arguments made in the Arkansas federal district court were more than enough to overcome the lame arguments the government offered, and that's what the SCOTUS justices should have relied on. Sadly, they decided to abandon Constitutional.

And here we are, most of a century later: "Revenue raising measures" as the primary basis for 10 year prison sentences, as punishment for exercising an enumerated right in the Bill of Rights.

 

[ShawnZR-1]

You know, I've read both accounts. I can't actually corroborate whether he died before the scheduled date or after. Ultimately, the problem was he was absent. His counsel failed but with no defendant and no affidavit and nobody paying them, they couldn't and didn't argue the case. The judges ruled on the "argument" from the plaintiff which was basically non-existent but it was the only side they heard.

My opinion is it should have been ruled Pima Facie. Simply compare the law to what the Constitution dictates.

 

[steviesterno]

to be fair, every day is infringement day.

I'm focusing on the idea that today is officially 1911 patent day.

 

[LordMDP]

yup-anyone could buy a Thomson sub machine gun from Sears cataloge and have it delivered to your door

 

[rbstern]

yup-anyone could buy a Thomson sub machine gun from Sears cataloge and have it delivered to your door

Maybe there is an upside to NFA.

Imagine it didn't exist and the exploding number of nutcases we seem to have in our society were doing just that: Ordering full autos, mail order, and then going and shooting up gun free zones with massive casualties, with enough bloodshed that a "repeal the 2nd Amendment" conversation got real traction.

Yes, I realize I am hypothesizing we might better off with some gun control than without. But as a practical matter, is it hard to imagine we'd lose the 2nd Amendment under the right combination of circumstances?

 

[steviesterno]

Maybe there is an upside to NFA.

Imagine it didn't exist and the exploding number of nutcases we seem to have in our society were doing just that: Ordering full autos, mail order, and then going and shooting up gun free zones with massive casualties, with enough bloodshed that a "repeal the 2nd Amendment" conversation got real traction.

Yes, I realize I am hypothesizing we might better off with some gun control than without. But as a practical matter, is it hard to imagine we'd lose the 2nd Amendment under the right combination of circumstances?

that's terrible FUDD logic at work. There weren't "gangs of people mail ordering tommy guns and killing people". There were like 4 mobsters in the whole country and they mostly shot police. They got us the NFA and FBI, and it's been a string of over reach every since

 

[wolfmanrogers]

Maybe there is an upside to NFA.

Imagine it didn't exist and the exploding number of nutcases we seem to have in our society were doing just that: Ordering full autos, mail order, and then going and shooting up gun free zones with massive casualties, with enough bloodshed that a "repeal the 2nd Amendment" conversation got real traction.

Yes, I realize I am hypothesizing we might better off with some gun control than without. But as a practical matter, is it hard to imagine we'd lose the 2nd Amendment under the right combination of circumstances?

Gross. You should feel bad.

 

[rbstern]

Gross. You should feel bad.

 

[fattboyzz]

Act accordingly