Jeremy Kettler: Will SCOTUS Review Suppressor 2A Issue?
Deadline June 6. The SCOTUS will reveal on that date whether or not they will take up the case of disabled veteran Jeremy Kettler, who lives in Kansas, and purchased an unregistered suppressor. Federal law requires payment of the $200 tax and registration of the accessory. But Kettler purchased the item in Kansas from an Army-Navy Surplus store. He purchased it to save his hearing. And Kansas has a law that exempts all firearms, accessories, and ammo from federal law. The lawsuit was filed in January in conjunction with the Gun Owners of America.
Jeremy Kettler v. United States GOA Files Case Before SCOTUS To Fight Parts Of The NFA https://t.co/nP3LE0BPDx— William Olson (@Olsonlaw) January 16, 2019
Aside from the obvious states rights vs the federal government issue, Jeremy Kettler, et al argued that:
“that the NFA was an invalid exercise of Congress’ power to tax.” His lawyers argued that the tax only exists as a form of gun control. However, the 10th U.S. Circuit Court of Appeals rejected his challenge in October 2018, upholding his original sentence of one year on probation. Kettler, along with Gun Owners of America (GOA), filed a petition to the Supreme Court this past January to have the constitutionality of the case considered. Attorneys General from Arkansas, Idaho, Kansas, Louisiana, Montana, South Carolina, Texas and Utah joined in the request.” American Military News
Kettler’s team said that the lower court found that the suppressor is an “accessory” and therefore not subject to the 2nd amendment. The petition states:
“Under that sweeping logic, Congress could ban all ammunition without violating the Second Amendment. That cannot be correct. The panel’s sole rationale for holding that silencers were not protected was that silencers were not ‘bearable arms,’ a rationale that would apply equally to ammunition. That improper analysis warrants reversal.”Jeremy Kettler’s petition
Tomorrow the Supreme Court will say whether or not it will review the petition of Jeremy Kettler.
We wrote about this previously in 2017 here.