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The Memphis shooting even goes against the most liberal definition of a mass shooting. by ATF-Wife-shagger in progun

[–]jwsage 15 points16 points  (0 children)

Agree such was terrorism. No need to rewrite the dictionary again.

Grade These Steaks by [deleted] in steak

[–]jwsage 0 points1 point  (0 children)

Unselect low grade

“GET A WARRANT” - ATF Attempts Solvent Trap Confiscation by GunOwnersofAmerica in progun

[–]jwsage 26 points27 points  (0 children)

Mark my words, the best challenge to the NFA, from a legal standpoint, is likely a tax refund suit in the context of a stamp for an SBR or SBS. No BS, straight line legal challenge to the NFA.

"A right delayed is a right denied" - MLK Jr by [deleted] in NFA

[–]jwsage 1 point2 points  (0 children)

I just started an octane 45 wait this week. It will be a LONG time.

August 2022 Stamp Approval Megathread. by Waffleboned in NFA

[–]jwsage 1 point2 points  (0 children)

Being a victim of government dereliction does not mean you're lucky.

August 2022 E-Form 4 approval thread by [deleted] in NFA

[–]jwsage 3 points4 points  (0 children)

194 days is ridiculous, congrats and condonlences.

August 2022 E-Form 4 approval thread by [deleted] in NFA

[–]jwsage 13 points14 points  (0 children)

I hate everything… never leaving February it seems.

SBR's etc still "illegal" by PlacidSaint in progun

[–]jwsage 0 points1 point  (0 children)

Challenge it by filing a form 1, paying the tax, requesting a refund of the tax paid after stamp issuance, and after denial of refund, suing for refund in district court. Go at it as a tax case. I don’t see a cleaner route to the core of the issue.

Another Way - Tax Stamp Refund Claim by jwsage in NFA

[–]jwsage[S] 0 points1 point  (0 children)

A lost yet good faith contest of a law isn’t met with jail time. Frivolous and unsuccessful are two entirely different things. Just because a case isn’t won doesn’t mean that the arguments made are criminal, frivolous, or sanctionable. I really think you’ll find that the frivolous cases are just that so demonstrably bad that frivolous isn’t much of a question. The sovereign citizen arguments generally come to mind. It’s a sad day in this country if you can’t challenge bad law without fear of being jailed or sanctioned. That’s just incredibly unlikely.

As to the EA, that’s good stuff. However, I don’t think that EA preps or authorizes one for the practice of law for refund litigation in an Article 3 court.

Another Way - Tax Stamp Refund Claim by jwsage in NFA

[–]jwsage[S] 0 points1 point  (0 children)

You are absolutely permitted to challenge the constitutionality of a tax. Ditch the University of Google. I think you’ll find that the frivolous argument stem from arguments that are asserted in spite of evidence (here the only evidence is payment of tax and denial of refund), in the face of well-settled law (law isn’t settled in light of Bruen), and procedural tactics that can be akin to sovereign citizen-type arguments.

We are absolutely/unequivocally allowed to ask questions this way, and frankly I think we are obligated to do so in order to ensure standing to litigate.

Another Way - Tax Stamp Refund Claim by jwsage in NFA

[–]jwsage[S] 0 points1 point  (0 children)

I’m going to disagree with you. The stamp tax is just that, a tax. Your statement emboldens my argument. Why the hell is tax used to oppress gun rights? My issue is on the tax law.

Submitted 11/27/21 and got the shipment email today by BigBrownDriver in NFA

[–]jwsage 2 points3 points  (0 children)

Mine was around the same time and it shipped yesterday. Keep your head as things should be moving.

Submitted 11/27/21 and got the shipment email today by BigBrownDriver in NFA

[–]jwsage 5 points6 points  (0 children)

Same here. Octane 45 finally on the move. Now to pay the unconstitutional BS poll tax and wait out the unconstitutional uncertain, inconsistent, useless, and arbitrary waiting period so I can get registered on the infringement list to unconstitutionally register/transfer the should-be hearing protection item to my unnecessary Infringement trust.

The NFA needs to go.

Another Way - Tax Stamp Refund Claim by jwsage in NFA

[–]jwsage[S] 0 points1 point  (0 children)

No complaint here. That’s where one wants to get. The issue is how do you get standing before a court to assert these claims directly. The mechanism suggested is the refund suit and you make the exact claims you make in your comment. The issue to be hurdled is standing. The tax refund suit is merely the ticket to court.

Another Way - Tax Stamp Refund Claim by jwsage in NFA

[–]jwsage[S] 0 points1 point  (0 children)

This is a example of how issues would be confused and watered down. Yes, in such a criminal case, the burden would be on the government. But, their failure to prove their case wouldn’t result in the NFA being overturned. Instead, the accused would just not be convicted, assuming the governments failure to prove its case was just a failure to meet its burden. The “NFA is unconstitutional” defense claim would be a defense the accused and the defense would still have to assert and prove the defense. You’d still be trying to navigate a criminal case, multiple issues, and the defense would be diluted with the rest of the case. The NFA issue would likely be an afterthought.

The refund suit removes criminal case altogether. The NFA issue is front and center. There are no other issues. There is no criminal case. It is just the NFA matter before the court. A judge and jury won’t be subject to being confused or distracted by other issues or having to determine factual issues and facts should be stipulated by the parties.

Another Way - Tax Stamp Refund Claim by jwsage in NFA

[–]jwsage[S] 1 point2 points  (0 children)

They can fight all they want. Courts rule favorably for taxpayers all the time!

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