Courts ruled the National Firearms Act "unconstitutional".
Short Retort[edit | edit source]
- Absolutely false. The exact opposite is the truth. The Supreme Court ruled that the National Firearms Act taxation on sawed-off shotguns was NOT unconstitutional, and NOT a violation of the 2nd Amendment, because that type of weapon had no function in a well-regulated militia.
Claim Rationale[edit | edit source]
- is a lie.
Retort Deep-Dive[edit | edit source]
In 1929, gangsters murdered 7 people in the "St. Valentine's Day Massacre".
In response, in 1934 Congress passed the "National Firearms Act", which required very high taxes on "gangster" style weapons, so as to make the guns inaccessible to regular citizens.
In 1938, some small-time crooks transported an unregistered sawed-off shotgun across state lines, in apparent violation the National Firearms Act. The defendants argued that the National Firearms Act was unconstitutional, because, by preventing private individuals from transporting a particular type of gun, it violated the 2nd amendment right to bear arms.
Eventually, the Supreme Court ruled that the National Firearms Act taxation on sawed-off shotguns was NOT unconstitutional, and NOT a violation of the 2nd Amendment, because that type of weapon had no function in a well-regulated militia. The court held the Act was:
- Not unconstitutional.
- Not violative of the Second Amendment:
- The weapon in question does NOT have "today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon."
- "We cannot say that the Second Amendment guarantees the right to keep and bear such an instrument."
This was the first Supreme Court case dealing with the 2nd Amendment up to 1939.
Pages Tagged: SecondAmendment
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