If the Marianas' tax is declared an Unconstitutional infringement of 2nd Amendment rights, what implications might that have for the $200 registration/transfer tax on machine guns, etc?
I wouldn't get my hopes up too much, for a couple of reasons. First off, the Marianas is a US
territory. While I don't know if it matters in this case or not, but I do know that there are some legal differences between territories and states. This may have a bearing on whether or not what happens there translates to what happens here.
Second, and most likely, is that even if the argument is brought in court, and we "win", it might not result in repeal of the tax, without further court fights.
There are so many "dodges" and "loopholes" possible it looks to be a very daunting task.
Whether urban legend or actual fact, I cannot say, but there is a story about income tax protestors, who seemed to be fairly common some time ago, and then we never heard about them again. Supposedly their claim was the tax was unconstitutional because it was never properly ratified. The outcome of the story goes that they finally got their day in court, and the court agreed, the tax was never properly ratified, HOWEVER, since we have been paying it for 80+ years (at the time) the court ruled it was a valid tax, and we would continue paying it.
Something like this MIGHT be a possible outcome of any challenge to the NFA tax as we have been paying them since 1934. The outlook for success is not totally black, but it is bleak.
There are two main sentiments about the NFA, on our side, those who feel it should be fought, with the ideal of repeal, and those who while they don't like it, believe we are better off "not poking the bear".
In other words, if we bring the issue into the public eye, bring the horribly mis and under-informed public into the issue, the anti's will have a field day, shift public opinion even further off base, and we will lose more than we gain. They feel that the best we could get (and it is unlikely) is the status quo with the tax "adjusted" to today's money levels. What is felt to be more likely is not just the tax being increased but even further restrictions.
Logic, reason, and our rights, will not matter. We cannot even count on support from the usual sources. I know several otherwise fine folks, and staunch 2nd Amendment supporters in general, that draw their personal line at machineguns. One friend once told me that she would trust ME with a machinegun, they were NOT something for the general public.
We have over 80 years of both law and propaganda demonizing machineguns in private hands. The entertainment industry has been showing the public only bad guys with full auto (other than war movies) for such a long time, its not something you can change in one fell swoop.
Even if by some miracle, we did manage to repeal the NFA, I expect some concerned legislators would instantly produce new and likely even further reaching legislation to restrict or even completely ban such arms, the Heller decision not withstanding. There is the remote possibility that such a law when it gets to the High Court could not only be upheld, but Heller might even be overturned. The people sitting on the court at the time will decide, and right now, it looks like our "friends" on the court are fewer than they were, and not likely to increase their numbers. I remind you that the US SUPREME COURT only upheld our legal individual right to arms by ONE VOTE.
ONE VOTE.
think on that...