Nationwide call to action: Amend/Repeal/Challenge Constitutionality of 1986 FOPA

View Poll Results: I Will File A Form 4 With The BATFE For A Post 5/19/1986 F/A Weapon In...

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    4 28.57%
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Thread: Nationwide call to action: Amend/Repeal/Challenge Constitutionality of 1986 FOPA

  1. #1

    Nationwide call to action: Amend/Repeal/Challenge Constitutionality of 1986 FOPA

    Nationwide call to action: Amend/Repeal/Challenge Constitutionality of 1986 FOPA

    Pursuant to:
    http://www.usacarry.com/forums/firea...fiscation.html

    And:
    http://www.usacarry.com/forums/firea...pen-watch.html

    And:
    http://www.usacarry.com/forums/firea...-criteria.html

    And:
    Wayne LaPierre and the NRA’s failure to keep their word, and the failure of GOA, SAF and JPFO, Guns & Ammo Magazine, et.al. to do anything whatsoever… Moreover, the continued compromising of the Second Amendment by Alan Gura Esq.

    Further:
    The suggestion of our fellow forum member “Unfettered Might” to get more action on this…

    The purpose of this new thread is to at a national level coordinate the filing of multiple BATFE Form 4 or BATFE Form 1 applications for post May 19th, 1986 select fire f/a weapons, via our local Class III dealers; in order to be denied by the BATFE, so that we may at minimum challenge the 2nd, 5th, amendment constitutionality of Hughes Amendment #777 to the so-called FOPA of 1986, AKA: S.B. 49, H.R. 4332 99th Congress, USC 18 922(o), Public Law No 99-308.
    http://www.law.cornell.edu/uscode/71...2----000-.html

    Besides spreading this info to the ends of the earth via word of mouth and the internet...
    Initially all that is required of you and as many other supporters of the Unabridged Second Amendment as you can muster; is to be a law-abiding U.S. Citizen, no skeletons in your closet, file the BATFE Form 4 (OR BATFE FORM 1) via your local Class III dealer and pay the $200.00 tax which is refundable upon denial.
    Form 4:
    http://www.atf.gov/forms/download/atf-f-5320-4.pdf
    Form 1:
    http://www.atf.gov/forms/download/atf-f-5320-1.pdf

    The poll is to let us all know when we have ALL the 9 applicable federal courts covered.
    Court Locator

    Once we have reached that milestone, we can circle up via pm/otherwise and coordinate the concurrent/simultaneous BATFE Form 4 (OR BATFE FORM 1) filings.

    Once we have all received our denials, we will begin phase II, challenging the denial(s) in court, also on a concurrent/simultaneous basis. (Circling up via pm/otherwise and coordinating this effort).

    At that point perhaps Wayne LaPierre, the NRA will finally keep their word and step up to the plate; and GOA, SAF, JPFO, Guns & Ammo Magazine, et.al. will get off their collective arses and bring some more clout into the fight.

    With so-many of us being various tea party members, or knowing tea party members, it would be great to get that kind of national support, as this abomination is yet another side effect of out of control, unchecked big government...

    80 Million & Counting Firearm Owners of 270 Million & Counting Firearms in the U.S... WE CAN MAKE THIS HAPPEN !

    "It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." - Samuel Adams

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  2.   
  3. #2
    Join Date
    Jan 2010
    Location
    Kentucky
    Posts
    699
    First one in district 6, yay!!

    With the wordings already established in The US Court of Appeals for the DC area and their decision to overturn the DC ban on constitutional grounds;
    The court then held that the Second Amendment "protects an individual right to keep and bear arms", saying that the right was "premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad).
    The final decision by the SCOTUS affirming the Court of Appeals decision on the case;

    * that the operative clause of the Second Amendment—"the right of the people to keep and bear Arms, shall not be infringed"—is controlling and refers to a pre-existing right of individuals to possess and carry personal weapons for self-defense and intrinsically for defense against tyranny, based on the bare meaning of the words, the usage of "the people" elsewhere in the Constitution, and historical materials on the clause's original public meaning;
    * that the prefatory clause, which announces a purpose of a "well regulated Militia, being necessary to the security of a free State", comports with, but does not detract from, the meaning of the operative clause and refers to a well-trained citizen militia, which "comprised all males physically capable of acting in concert for the common defense", as being necessary to the security of a free polity;
    * that historical materials support this interpretation, including "analogous arms-bearing rights in state constitutions" at the time, the drafting history of the Second Amendment, and interpretation of the Second Amendment "by scholars, courts, and legislators" through the late nineteenth century;
    * that none of the Supreme Court's precedents forecloses the Court's interpretation, specifically United States v. Cruikshank (1875), Presser v. Illinois (1886), nor United States v. Miller (1939).
    The reason I point out the areas in bold is that if we are to ever face a tyrannical government, if the military were to ever fail to keep our borders secure and we have to stop a foreign invader, should we not be equally armed?

    This is what our forefathers intended, they were smart enough to know that technology would advance, hence only using the word "arms" in the text of the 2A. They meant ALL weapons. they intended for us to be equally armed in order to fight any enemy foreign and domestic.
    One must be wary of the mentality creating the problem or the law creating the crime.

    I love America and the Constitution, if you don't then get out!

  4. #3
    Michigan is in the 6th District
    Semper Fi

  5. I'm in. I'm in Tennessee, which falls under the 6th District.

    Will someone explain to me in layman's terms exactly how one gets denied with this form? I have a spotless record, but don't understand what the process of this movement is. Are we going to Class III dealers and trying to obtain weapons that are clearly prohibited by NFA or something?

  6. #5
    Quote Originally Posted by Midnight View Post
    I'm in. I'm in Tennessee, which falls under the 6th District.

    Will someone explain to me in layman's terms exactly how one gets denied with this form? I have a spotless record, but don't understand what the process of this movement is. Are we going to Class III dealers and trying to obtain weapons that are clearly prohibited by NFA or something?
    fill it out and submit it to the BATFE via your local class III dealer and you will be denied...

    we will use that denial to appeal the constitutionality of the 1986 FOPA ...

    very similar to what Heller did when he took D.C. to SCOTUS...

    you have to be impacted by a law before you can challenge it...

    this is a way to challenge the law without breaking it...

    make sense?

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  7. Quote Originally Posted by Bohemian View Post
    fill it out and submit it to the BATFE via your local class III dealer and you will be denied...

    we will use that denial to appeal the constitutionality of the 1986 FOPA ...

    very similar to what Heller did when he took D.C. to SCOTUS...

    you have to be impacted by a law before you can challenge it...

    this is a way to challenge the law without breaking it...

    make sense?
    No, I get what you're saying. What I don't get is how I'll be denied if I fit the criteria for approval, which I do. I also don't understand why firearms I'll be "transferring" since I have no intention of buying any NFA weapons right now. If I don't have a weapon to file, then do I just leave that part of the application blank or what?

  8. #7
    Quote Originally Posted by Midnight View Post
    No, I get what you're saying. What I don't get is how I'll be denied if I fit the criteria for approval, which I do. I also don't understand why firearms I'll be "transferring" since I have no intention of buying any NFA weapons right now. If I don't have a weapon to file, then do I just leave that part of the application blank or what?
    Nobody will fit the criteria for approval that is not a Law Enforcement Officer, Military or a Politician...

    You are requesting approval for something that you have 100% chance of being denied...

    Take up the conversation with your local Class III dealer, and where we are trying to go with this, you have to be approved by the BATFE before he can take your money for the weapon...

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  9. This forum / thread / link came up in a similar discussion on AR15.com

    Congressional Transcript to the Hughes Amendment (Machine Gun Ban!!) Code RED Update PAGE 1 - AR15.COM

    I'm in MO. Though things are tight right now on 1 income, I'll find a way to come up with the $200 to file (especially if it's refundable) the forms. MO requires an individual to have an FFL before they can possess NFA items. My C&R FFL arrived about 2 weeks ago.

  10. #9
    Quote Originally Posted by Bohemian View Post
    Nationwide call to action: Amend/Repeal/Challenge Constitutionality of 1986 FOPA

    Pursuant to:
    http://www.usacarry.com/forums/firea...fiscation.html

    And:
    http://www.usacarry.com/forums/firea...pen-watch.html

    And:
    http://www.usacarry.com/forums/firea...-criteria.html

    And:
    Wayne LaPierre and the NRA’s failure to keep their word, and the failure of GOA, SAF and JPFO, Guns & Ammo Magazine, et.al. to do anything whatsoever… Moreover, the continued compromising of the Second Amendment by Alan Gura Esq.

    Further:
    The suggestion of our fellow forum member “Unfettered Might” to get more action on this…

    The purpose of this new thread is to at a national level coordinate the filing of multiple BATFE Form 4 or BATFE Form 1 applications for post May 19th, 1986 select fire f/a weapons, via our local Class III dealers; in order to be denied by the BATFE, so that we may at minimum challenge the 2nd, 5th, amendment constitutionality of Hughes Amendment #777 to the so-called FOPA of 1986, AKA: S.B. 49, H.R. 4332 99th Congress, USC 18 922(o), Public Law No 99-308.
    United States Code: Title 18,922. Unlawful acts | LII / Legal Information Institute

    Besides spreading this info to the ends of the earth via word of mouth and the internet...
    Initially all that is required of you and as many other supporters of the Unabridged Second Amendment as you can muster; is to be a law-abiding U.S. Citizen, no skeletons in your closet, file the BATFE Form 4 (OR BATFE FORM 1) via your local Class III dealer and pay the $200.00 tax which is refundable upon denial.
    Form 4:
    http://www.atf.gov/forms/download/atf-f-5320-4.pdf
    Form 1:
    http://www.atf.gov/forms/download/atf-f-5320-1.pdf

    The poll is to let us all know when we have ALL the 9 applicable federal courts covered.
    Court Locator

    Once we have reached that milestone, we can circle up via pm/otherwise and coordinate the concurrent/simultaneous BATFE Form 4 (OR BATFE FORM 1) filings.

    Once we have all received our denials, we will begin phase II, challenging the denial(s) in court, also on a concurrent/simultaneous basis. (Circling up via pm/otherwise and coordinating this effort).

    At that point perhaps Wayne LaPierre, the NRA will finally keep their word and step up to the plate; and GOA, SAF, JPFO, Guns & Ammo Magazine, et.al. will get off their collective arses and bring some more clout into the fight.

    With so-many of us being various tea party members, or knowing tea party members, it would be great to get that kind of national support, as this abomination is yet another side effect of out of control, unchecked big government...

    80 Million & Counting Firearm Owners of 270 Million & Counting Firearms in the U.S... WE CAN MAKE THIS HAPPEN !

    "It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." - Samuel Adams
    Just a heads up folks, please note, we want to make sure we have 2 (Personally I'd like to see a 100 or more, but a few in each district will do) or more people in each district covered before we all file (BATFE FORM 1 OR BATFE FORM 4) concurrently/simultaneously which we will coordinate from here...

    Will advise.

    Spread the word...

    If anybody is a member of the ar15 forum aforesaid, please post a link from there to here, on the applicable thread therein; I am having trouble registering there at the moment...

    "The people never give up their liberties, but under some delusion." - Edmund Burke

  11. Quote Originally Posted by Bohemian View Post
    If anybody is a member of the ar15 forum aforesaid, please post a link from there to here, on the applicable thread therein; I am having trouble registering there at the moment...
    Link to this thread is located in the first post over at ar15.com. That's how I made it here. ;)

    The link above should take you to the ar15.com discussion. ar15.com shouldn't require registration to view / read, but does require registration to post.

    Also, what's the status of the legal team? Have is already been established? Is the legal game plan already established, and simply looking for "injured parties", etc?

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