Suck My Glock
Member
Or rather, the Alcohol and Tobacco Tax and Trade Bureau, which is the remnant of the former ATF at Treasury from when Congress split up ATF and sent the thug division to the Justice Dept.
https://reason.com/volokh/2024/07/11/court-holds-federal-ban-on-home-distilling-exceeds-congress-enumerated-powers/?utm_medium=reason_email&utm_source=new_at_reason&utm_campaign=reason_brand&utm_content=The%20Libertarian%20Party%20vs.%20Chase%20Oliver&utm_term=&time=July%2011th,%202024&mpid=98631
Basically, the federal district court said that Congress used it's taxing authority to pass the law banning home stills, but their taxing authority only exists to actually attempt to collect tax, and all enforcement authority flow from that. As such, since the ban did not even attempt to collect a tax, the ban exceeded Congress' enumerated powers regarding not only taxation authority, but Commerce Clause as well.
Not only does this mean moonshine is back on the menu (at least in this federal district of Texas), but it has implications for other federal taxing authority claimed by the feds,...such as the NFA. If the feds are not even attempting to collect the tax on machineguns,...well,...WTF?!?!
Because this is Texas and within the 5th Circuit, which has proven to be 2nd Amendment friendly, perhaps the feds will not appeal this and just let the precedent stand only in that district court (Fort Worth). If they do, however, then this could grow into another case destined for the SCOTUS. Time will tell.
But I'm starting to get a little bit jealous of Texas, damn it.
https://reason.com/volokh/2024/07/11/court-holds-federal-ban-on-home-distilling-exceeds-congress-enumerated-powers/?utm_medium=reason_email&utm_source=new_at_reason&utm_campaign=reason_brand&utm_content=The%20Libertarian%20Party%20vs.%20Chase%20Oliver&utm_term=&time=July%2011th,%202024&mpid=98631
Basically, the federal district court said that Congress used it's taxing authority to pass the law banning home stills, but their taxing authority only exists to actually attempt to collect tax, and all enforcement authority flow from that. As such, since the ban did not even attempt to collect a tax, the ban exceeded Congress' enumerated powers regarding not only taxation authority, but Commerce Clause as well.
Not only does this mean moonshine is back on the menu (at least in this federal district of Texas), but it has implications for other federal taxing authority claimed by the feds,...such as the NFA. If the feds are not even attempting to collect the tax on machineguns,...well,...WTF?!?!
Because this is Texas and within the 5th Circuit, which has proven to be 2nd Amendment friendly, perhaps the feds will not appeal this and just let the precedent stand only in that district court (Fort Worth). If they do, however, then this could grow into another case destined for the SCOTUS. Time will tell.
But I'm starting to get a little bit jealous of Texas, damn it.
