What is the NFA?

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NATIONAL FIREARMS ACT 1934

Unlike the 2nd Amendment, which was written at the time of the founding of our nation to withstand the test of time, the National Firearms Act of 1934, otherwise known as the NFA has reached its end of life and is time for repeal. 

It is apparent and unfortunate that in today’s American judicial system that in order to show standing, Mr. Peterson has had to become a victim of the NFA in order to prove its Unconstitutionality.

Here is the proof providing historical fact and tradition.

From the ATF’s own website, it simply states:

National Firearms Act, 1934

This legislation is a direct response to gang violence. This act, imposed criminal, regulatory and tax requirements on weapons favored by gangsters: machine guns, silencers, and sawed-off shotguns.

The NFA was challenged in 1939 by Jack Miller and Frank Layton who were arrested for bank robbery and transporting a sawed-off shotgun across state lines.

PRIMARY HOLDING

Only weapons that have a reasonable relationship to the effectiveness of a well-regulated militia under the Second Amendment are free from government regulation.

There are two statements of fact that differ in the USA vs Miller and the USA vs George Peterson matter. 

One is the fact that Miller and Layton were criminals whose intents and purpose for possession of the firearm was to commit violent crimes. Peterson on the other hand is a peaceable, non-violent Constitutionally law-abiding citizen who is exercising his right to challenge the constitutionality of the NFA based on the history, text, and tradition of the 2nd Amendment. 

Two is in direct response the SCOTUS opinion in the Miller case. Justice Scalia in Heller pointed out so eloquently that the first phrase in the 2ndAmendment is a prefatory statement which shows cause for the reason of the enumerated Right. 

What the Supreme Court held was that 1939 short barrel shotguns were not in common use by the US military and therefore not protected under the 2nd Amendment. However, the Founding Fathers did not write the 2nd Amendment for any one period in time. This is evidenced by the fact of how different today’s modern firearms are from the time of the ratification of the US Constitution and the Bill of Rights through to the weapons of the Civil War and exploration of the western frontier, to the firearms used in WWI, WWII, the Korean War, the Vietnam War and all the way to today and beyond. 

Today, in America, nearly every law 

enforcement patrol vehicle has either a suppressed, select-fire, short barrel rifle or a short barrel shotgun in its trunk. Law enforcement officers use firearm suppressors for hearing protection on their rifle. In 2020 the United States Marine Corps issued 30,000 Knights Armament Suppressors to its basic infantrymen for hearing protection safety. 

Holding the Supreme Court Primary Holding of the Miller case to today’s standards, every item that is regulated by the NFA is right now, at this current moment having a reasonable relationship to the effectiveness of a well-regulated militia and is therefore protected under the Second Amendment and should be free from government regulation.

We are currently challenging the Constitutionality of the NFA in the 5th Circuit Court of Appeals and are prepared to go all the way to the Supreme Court

We would greatly appreciate your support