LawBot5000
Member
I previously have said that we could meaningfully challenge 922(o) in the DC circuit, even if cert wasnt granted. I think, upon further reflection, that I was incorrect.
922(o) is a criminal statute barring all possession of machine guns, not a tax statute as its predecessor was. Even if one could successfully challenge 922(o) in the DC Circuit and get an approved Form 1 and make the machine gun, possessing it outside the jurisdiction of the DC circuit would still be illegal. I dont think having paid the tax is a defense against prosecution under 922(o)- in fact every jursidction I am aware of has said that 922(o) extinguishes the NFA tax on machine guns.
Of course, machine guns would be legal in washington DC, making the circuit split all the more obvious, but that wouldnt really help us here in the other 11 circuits.
922(o) is a criminal statute barring all possession of machine guns, not a tax statute as its predecessor was. Even if one could successfully challenge 922(o) in the DC Circuit and get an approved Form 1 and make the machine gun, possessing it outside the jurisdiction of the DC circuit would still be illegal. I dont think having paid the tax is a defense against prosecution under 922(o)- in fact every jursidction I am aware of has said that 922(o) extinguishes the NFA tax on machine guns.
Of course, machine guns would be legal in washington DC, making the circuit split all the more obvious, but that wouldnt really help us here in the other 11 circuits.