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Attack Hughes Amend Just Like Obamacare Tax

Discussion in 'NFA Firearms and Accessories' started by razorback2003, Jan 25, 2013.

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  1. razorback2003

    razorback2003 Member

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    Has anyone thought about going after registering a new machine gun and appealing the decision based on not being able to pay the tax, even though you are trying to pay the tax? Generally the Feds will be glad to take any tax money given to them. Similar to how Obamacare forces a tax for NOT having insurance?
     
  2. Dan Forrester

    Dan Forrester Member

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    If I remember correctly there was a man in Washington State who turned himself into the police in order to get arrested for an illegal machine gun. As far as I know owning an un-registered NFA weapon is a form of tax evasion. Since this individual tried numerous times to pay the tax (and the tax money was not accepted) he was not evading taxes at all.

    I have searched for this and could not find anything on it. It was probably 5 or 6 years ago now. Maybe someone here remembers it. It seems along the same lines as what you are asking about.

    Dan
     
  3. JustinJ

    JustinJ Member

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    I fail to see a parallel with Obamacare. If you don't have insurance you pay an extra tax, as i understand it. What does that have to do with not being able to pay the tax to get a full auto?

    Of more potential relevance would be Leary vs United States, 1969. The Marijuana Tax stamp act was overturn by the supreme court because it required one to incriminate himself to get the tax. That was all great and all except Congress turned right around and passed the Controlled Substances Act, resulting in a total ban.
    http://en.wikipedia.org/wiki/Leary_v._United_States
     
  4. AlexanderA

    AlexanderA Member

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    There is an exception in the Hughes Amendment for machine guns held "under the authority of the United States." It seems at least plausible to argue that guns registered with the ATF are held "under the authority of the United States" and are therefore allowable. I don't know if this was ever litigated.

    Nevertheless, the best way to get rid of the Hughes Amendment would be to attach a rider doing so to one of the antigun bills being considered in Congress.
     
  5. razorback2003

    razorback2003 Member

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    Hughes should be repealed as a part of any silly 'compromise' for that background check for private sales.

    If there is no Hughes repeal, there is no compromise.
     
  6. MtnCreek

    MtnCreek Member

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    It would need to be attached to something other than gun legislation; 1) trading freedoms is not something I would support, 2) Congresscritters /aids will actually read gun legislation before the vote.
     
  7. medalguy
    • Contributing Member

    medalguy Member

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    ^^ Unless it's Obamacare.:scrutiny:
     
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