Kettler v. United States

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bignflnut
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Kettler v. United States

Post by bignflnut »

The right to keep and bear arms protected by the Second Amendment extends beyond a firearm itself and includes some types of firearms accessories, Kansas Attorney General Derek Schmidt today told the U.S. Supreme Court.

SNIP

The brief notes that prior Supreme Court rulings have held that the “arms” the people have the constitutional right to keep and bear include firearms accessories that are “typically possessed by law-abiding citizens for lawful purposes.” The attorneys general noted that the 10th Circuit’s decision is so sweeping that, under its logic, “Congress could ban all ammunition without violating the Second Amendment. That cannot be correct.”

SNIP
The attorneys general asked the Supreme Court to review the lower court’s decision in a federal case that arose from Kansas involving an individual who possessed a sound suppressor. The Supreme Court is expected to decide later this spring whether to hear the appeal.
The case is Kettler v. United States, No. 18-936. A copy of the states’ brief is available at http://bit.ly/2GRrhBK" onclick="window.open(this.href);return false;.
Today, we filed a Petition for Certiorari on behalf of Jeremy Kettler, who was convicted of possessing an unregistered firearm suppressor. Our petition asks the Supreme Court to review the Tenth Circuit’s decision, and to determine whether the National Firearms Act continues to be an appropriate exercise of Congress’s taxing power due to the many changes that have been made to the NFA over the last eight decades. Additionally, if the NFA is still justifiable under the taxing power, we have asked the Court to determine whether firearm accessories such as suppressors are protected by the Second Amendment and whether the NFA is impermissible as a tax on the exercise of a constitutional right.
The three-judge panel did not address the constitutionality of the state’s Second Amendment Protection Act, which Kansas defended when intervening in the criminal case. The state gun law says firearms, accessories and ammunition manufactured and kept within Kansas borders are exempt from federal gun control.

Cox was convicted of making and marketing unregistered firearms, and Kettler was convicted for possessing an unregistered gun silencer.

The men challenged the constitutionality of the National Firearms Act, alleging it is an invalid exercise of congressional power and an invasion of the Second Amendment right to bear arms. They also challenged the lower court’s ruling that their reliance on the state law provided no defense to the federal charges.

Separately, Kettler argued further that his prosecution resulted from the dispute between Kansas and the federal government over the Kansas law.
The Goalie bears watching.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

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"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
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