01-24-2023, 03:40 AM
LRRPF52 Wrote:[video=youtube_share;fKRrAYgei9E]https://youtu.be/fKRrAYgei9E[/video]
There are a lot of attorneys out there making all kinds of click-bait videos, with very little substance to them.
This guy has far more experience and interesting insights, since he has dealt with Supreme Court rulings in his career.
Constitutional attorney Mark W. Smith, a member of the United States Supreme Court Bar, a professor, a frequent Fox News guest, and a New York Times bestselling author.
Interesting arguments by Mr. Smith who states that, in Heller 2, Judge Kavanaugh in his dissent argues that the registration of Second Amendment protected firearms (including semi-automatic rifles let alone pistol braced handguns as being the issue here) violates "the text, history and tradition test" applied to modern day gun laws that in fact require said registration of certain firearms under the National Firearms Act (NFA) of 1934.
There are people who have served time or are currently serving time in federal prison for the possession of one or more unregistered SBRs found in violation of the NFA. One would think that such cases adjudicated with a Judgment and Commitment Order remanding an individual to the custody of the USMS to serve federal prison time would have wound their way on Appeal to the higher Courts, even SCOTUS, to decide once and for all whether the NFA with its registration requirements of SBRs, among other registration requirements (such as suppressors), is unconstitutional.
The prescribed prison time in felony violation of the NFA is what concerns and, quite frankly, scares people into compliance - even in this matter. Will the Courts intervene with a Stay Order regarding ATF Final Rule 2021R-08F pending Judicial review? Even if the Courts do rule, will the Courts (ultimately SCOTUS I suppose), take on the broader issue of the registration requirements of the NFA and thereby render the NFA as unconstitutional in violation of the Second Amendment? Or, will the Courts just decide on the merits of 2021R-08F that require registration of pistol-braced ARs?
Lastly, the GOP had significant majority control of the Presidency, the Senate and the House during the first 6 years of the George W. Bush Presidential era. They did nothing during that time to legislatively deal with gun control issues (including hearing protection afforded by suppressors). The same for the first 2 years of President Trump when the GOP controlled of course the Presidency, the Senate and the House.
It may be a stretch to think that then Judge Kavanaugh's minority dissent in Heller 2 will dictate the outcome of 2021R-08F in the lower Courts, let alone in a timely manner if a Stay Order is not issued within the 120 days allotted within 2021R-08F.
However, we can hope.