Unregistered Firearm Charges Survive Second Amendment Scruti

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Unregistered Firearm Charges Survive Second Amendment Scruti

Postby jdege on Fri May 26, 2023 8:59 am

https://news.bloomberglaw.com/business-and-practice/unregistered-firearm-charges-survive-second-amendment-scrutiny
Unregistered Firearm Charges Survive Second Amendment Scrutiny
The Second Amendment doesn’t shield a man from prosecution for unlawful possession of unregistered firearms, the US District Court for the Northern District of Indiana ruled.

Jeffrey Sredl sought to dismiss four counts of unlawful possession of an unregistered firearm under the National Firearms Act, 26 U.S.C. Section 5861(d), arguing that the charges violated his Second Amendment right to keep and bear arms in light of the US Supreme Court’s 2022 decision in N.Y. State Rifle & Pistol Ass’n v. Bruen. Bruen held that the Second Amendment safeguards people’s ability to carry a handgun outside of their homes for ...

What isn't clear from what is visible through the paywall is that these are NFA weapons.

So even post-Bruen the lower courts aren't willing to declare the NFA to be unconstitutional.

Of course, this guy isn't exactly a model plaintiff...

https://www.newsandreviewonline.com/articles/barrels-of-human-waste-found-in-home/
Barrels of human waste found in home
When law enforcement officers from the Bureau of Alcohol, Tobacco, Firearms and Explosives executed a search and seizure warrant on a home in Monticello on Sept. 23, they discovered more than illegal weapons. They also found open buckets and barrels of human waste including feces.

[...]

In the complaint, it is noted that Monticello Water utility records show that the property has been shut off from water since 2017 and that the “home is vacant and in a dilapidated state of repair including multiple open holes in the roof. The septic contents of the home, its accessibility for children or others, and its attraction to rodents and vermin present an immediate danger to the health and safety of the surrounding community.”

[...]

The indictment stems from an investigation on June 7, when Cass County Sheriff’s deputies responded to a report of an accidental shooting in the 7200 block of East Old U.S. 24, Logansport. The victim of the shooting, who was reportedly with Sredl, told police she “accidentally shot herself with (Sredl’s) .22 caliber Sentinel revolver. Over the course of the investigation, spanning several days, this information was found to be false. It was determined from interviewing (the victim) that she was accidentally shot with a homemade slamfire weapon,” federal court documents state.

At the time of the investigation, Cass County detectives obtained a search warrant for a light blue Chrysler Town and Country which allegedly belonged to Sredl and was reported to be the vehicle he and (the victim) were in or around at the time of the shooting.

“Located inside (the vehicle) were three slam-fire homemade weapons, one of which matched the description (the victim) gave as the one she was accidentally shot with,” court documents state.

Police sent the weapons to the ATF Firearms Technology Criminal Branch which determined that at least two of the weapons required registration under the National Firearms Act (NFA).
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