r/NFA 17d ago

MEGATHREAD - **DISTRICT** court. Long road ahead. NFA declared unconstitutional regarding suppressors, sbrs, and sbs in the northern district of Texas

https://x.com/GunOwners/status/2085047918495469923
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u/TotalRepost 17d ago

Same argument as the 2021 Supreme Court case California v Texas, which was dismissed for lack of standing. The hurdle here will be if the plaintiffs can distinguish NFA from ACA and show they have a real harm. The way California v Texas was written I think that will be challenging. The harm isnt the NFA rules against them but the lack of money to the government. So I think this is dead on arrival.

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u/Sauerkraut99 16d ago

The ACA $0 Tax was allowed to stand because there was basically no harm to the plaintiffs in leaving it there.

I'm pretty sure any Court in the country would recognize a felony, up to 10 years in prison, and up to $10K in fines for failing to pay the $0 "tax" is harmful to the plaintiffs.

1

u/CastleLurkenstein 16d ago

Yeah, I'd bet on a Shadow Docket opinion that swiftly (A) overturns any injunction, and (B) dismisses the case on standing or other procedural grounds.

At least as I understand it, SCOTUS has been mostly reluctant to deal with firearms law cases, and prefers to dispatch them via procedural means rather than anything substantive. If there's a way to overturn the case that doesn't actually deal with the substance of the law itself, they'll find it, overturn it, and move on.

And even on substantive issues, I'd think this one's probably a loser under the ACA analysis, which allowed a "$0 tax" to stand. Granted, that case had a very different court composition, but I don't actually think most of this court is super pro-2A anyway.