SCOTUS Denies Cert on a Ton of 2A Cases and NFA Moves

Published on November 19, 2025
Duration: 16:47

This video discusses the US Supreme Court's denial of several Second Amendment cases, focusing on the prohibition of firearm possession by felons and the implications of the 'One Big Beautiful Bill Act' on the National Firearms Act (NFA). The hosts express frustration with legislative actions that do not directly repeal NFA provisions and the Supreme Court's reluctance to hear significant Second Amendment cases, highlighting the ongoing legal battles and the need for clear legislative action rather than performative gestures.

Quick Summary

The US Supreme Court recently denied hearing numerous Second Amendment cases, including those challenging the prohibition of firearm possession by felons under 18 USC 922 G1. While the 'One Big Beautiful Bill Act' reduced NFA tax stamps to zero for certain items, it did not repeal the underlying NFA regulations, leading to ongoing legal debates about their enforceability without a taxing power basis.

Chapters

  1. 00:01Introduction: AG Bondi & NFA Repeal Hopes
  2. 00:25SCOTUS Denies Second Amendment Cases
  3. 01:47Shock Over Cert Denial
  4. 02:03Felon Firearm Possession Cases (18 USC 922 G1)
  5. 02:53Conflict with Raheem v. United States Reasoning
  6. 03:35Second Amendment Implications
  7. 04:14Long Wait for Major 2A Cases
  8. 04:34Smaller Pending Cases (Hawaii, Marijuana)
  9. 05:16Bilha v. United States: FFL for Firearm Manufacturing
  10. 06:08Ninth Circuit Ruling on Unlicensed Manufacturing
  11. 06:47Burden on Government for Infringements
  12. 06:58Congress & The National Firearms Act (NFA)
  13. 07:37OBBBA: Reducing NFA Tax Stamps to Zero
  14. 08:03Rep. Andrew Clyde's Letter to AG Bondi
  15. 08:19Criticism of Legislative 'Half-Assing'
  16. 09:09The Disconnect: Intent vs. Written Law
  17. 09:40Governing by Fiat vs. Rule of Law
  18. 10:10Risk of Future Tax Increases
  19. 10:36Performative Nonsense vs. Legal Action
  20. 10:50Connecting SCOTUS Denials and NFA Letter
  21. 11:01Reading the Congressional Letter to AG Bondi
  22. 11:48NFA Background: 1934, Taxing Power, Sinski v. US
  23. 12:42OBBBA's Impact on NFA's Constitutional Foundation
  24. 13:24The Need for Litigation and Clear Repeal
  25. 13:36Congressional Intent to Repeal NFA Requirements
  26. 14:00Encouraging Non-Prosecution: A Risky Strategy
  27. 14:11The Scenic Route to Legal Uncertainty
  28. 14:30Intent vs. Legal Enactment
  29. 14:46Proper NFA Repeal: Legislation or Court Ruling
  30. 15:02Consequences of Regulatory Flip-Flopping
  31. 15:30Regulatory Instability and Gun Owners
  32. 16:02The Path to Fixing the System
  33. 16:15Conclusion & Call to Action

Frequently Asked Questions

Why did the Supreme Court deny hearing Second Amendment cases?

The Supreme Court denied hearing many Second Amendment cases, particularly those concerning the prohibition of firearm possession by felons under 18 USC 922 G1, largely because there were no significant circuit splits among lower courts on these issues. This lack of disagreement meant there was no pressing need for the Supreme Court to clarify the law.

What was the 'One Big Beautiful Bill Act' and its effect on the NFA?

The 'One Big Beautiful Bill Act' (OBBBA) reduced the tax stamp for certain National Firearms Act (NFA) items, such as short-barreled rifles, shotguns, and suppressors, to zero dollars. While this was seen as a step in the right direction, it did not legally repeal the NFA's registration and transfer requirements, leading to ongoing legal debate.

What is the legal argument against NFA registration and transfer requirements for $0 tax items?

The argument is that the NFA's constitutional basis relies on Congress's taxing power. When the associated excise taxes are eliminated (reduced to $0), the justification for the burdensome registration and transfer requirements weakens, as they are no longer in aid of a valid taxing power. This suggests these requirements may no longer be legally enforceable for those items.

Why is a congressional letter to the AG about NFA intent considered insufficient?

A congressional letter expressing intent to repeal NFA provisions is considered insufficient because it is not a law. The NFA remains on the books, and its provisions are still enforceable unless formally repealed by Congress through legislation signed by the President or struck down by the courts. Relying on such letters creates legal uncertainty and 'performative nonsense'.

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