Sgt_Mike
Well-known member
I've seen these videos' not the one posted but similar and in my "opinion" there is standing for relief.
There is two differing rulings I can see that the courts can take is
a. the tax was not removed merely reduced to zero, thus the Government has not vacated it's ability to tax.
b. or the court can rule that by zeroing the tax the Government has vacated their ability to tax and regulate these items.
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There is a third method of attack I can see is utilizing because the Government has vacated it's taxation on certain item the defense of taxation is no longer applicable. Furthermore the Government has demonstrated the ability coupled with desire to "infringe" upon the 2nd amendment right by prohibiting new machinegun manufacture and possession after utilizing it's taxation authority. To wit even including the very language of prohibition within the Hughes aka Mcclure-Volkmire amendment of the FOPA (PL 99-308 section 102, 110(c)). Due to the quantity and frequency of all the items contained within the NFA registry in private and Government ownership there is a clear demonstration that these are not unusual nor uncommon.
I could go on and on.. But I think one gets the Idea. I've looked and can't find challenges against the FOPA provisions (just means it was digitized if it was argued)
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So my action on this passage and signing into law was a simple email to the Attorney General Pam Bondi via the DOJ website. Simply requested that because the Congress had given the Attorney General of the United States the authority to waive the tax, further delegated to the director of the ATF. I simply requested she consider to do so, until the effective date of the OBBB provisions relating to the tax take effect. To which should streamline processing and workload as many will wait until the zero tax provisions goes into effect before attempting a transfer. Creating a massive work load negatively impacting budget and staffing restraints. What do I think my email will produce... most likely nothing. But one can't kiss any movie stars without asking as the saying goes.
My personal expectations are that some staffer will look at it and file it away regardless of the fact that it was specifically addressed to the Attorney General. Which if so would be a violation of "Protecting Second Amendment Rights" executive order dated 7 February 2025. link here
www.whitehouse.gov
I know the ATF/DOJ will maybe attempt to act confused as to how to proceed with a no tax transfer as Form 4 has no provisions of 0 tax . Thus creating a massive re-do in paperwork. But they do perform this task with heirs every day via form ATF form 5 which does already contain that provision as well as ATF Form 1.
OR they may simply desire to use existing forms with annotation of tax paid on existing ATF form 4 via hard copy or e-file. which in my opinion the Attorney General / Director of the ATF could waive the tax collection now versus allowing a backlog to develop.
As I said I really do not have any positive expectations of my correspondence. But I at least tried to do what my moral convictions prompted me to do pertaining to relief.
Some may be of the opinion of my actions in doing this as "Ohhh No" you will be put on a list. Brother, I'm already on their lists prior Commander in Chief as already put every veteran on a list as possible domestic terrorist (just like many of you). I'm already in the NFA registry. So what is one more tick mark? When I'm merely playing by their rules and exercising a defendable right to state my opinion with my own Government officials.
There is two differing rulings I can see that the courts can take is
a. the tax was not removed merely reduced to zero, thus the Government has not vacated it's ability to tax.
b. or the court can rule that by zeroing the tax the Government has vacated their ability to tax and regulate these items.
-----------------------------------------------------
There is a third method of attack I can see is utilizing because the Government has vacated it's taxation on certain item the defense of taxation is no longer applicable. Furthermore the Government has demonstrated the ability coupled with desire to "infringe" upon the 2nd amendment right by prohibiting new machinegun manufacture and possession after utilizing it's taxation authority. To wit even including the very language of prohibition within the Hughes aka Mcclure-Volkmire amendment of the FOPA (PL 99-308 section 102, 110(c)). Due to the quantity and frequency of all the items contained within the NFA registry in private and Government ownership there is a clear demonstration that these are not unusual nor uncommon.
I could go on and on.. But I think one gets the Idea. I've looked and can't find challenges against the FOPA provisions (just means it was digitized if it was argued)
------------------
So my action on this passage and signing into law was a simple email to the Attorney General Pam Bondi via the DOJ website. Simply requested that because the Congress had given the Attorney General of the United States the authority to waive the tax, further delegated to the director of the ATF. I simply requested she consider to do so, until the effective date of the OBBB provisions relating to the tax take effect. To which should streamline processing and workload as many will wait until the zero tax provisions goes into effect before attempting a transfer. Creating a massive work load negatively impacting budget and staffing restraints. What do I think my email will produce... most likely nothing. But one can't kiss any movie stars without asking as the saying goes.
My personal expectations are that some staffer will look at it and file it away regardless of the fact that it was specifically addressed to the Attorney General. Which if so would be a violation of "Protecting Second Amendment Rights" executive order dated 7 February 2025. link here
Protecting Second Amendment Rights
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1.
I know the ATF/DOJ will maybe attempt to act confused as to how to proceed with a no tax transfer as Form 4 has no provisions of 0 tax . Thus creating a massive re-do in paperwork. But they do perform this task with heirs every day via form ATF form 5 which does already contain that provision as well as ATF Form 1.
OR they may simply desire to use existing forms with annotation of tax paid on existing ATF form 4 via hard copy or e-file. which in my opinion the Attorney General / Director of the ATF could waive the tax collection now versus allowing a backlog to develop.
As I said I really do not have any positive expectations of my correspondence. But I at least tried to do what my moral convictions prompted me to do pertaining to relief.
Some may be of the opinion of my actions in doing this as "Ohhh No" you will be put on a list. Brother, I'm already on their lists prior Commander in Chief as already put every veteran on a list as possible domestic terrorist (just like many of you). I'm already in the NFA registry. So what is one more tick mark? When I'm merely playing by their rules and exercising a defendable right to state my opinion with my own Government officials.
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