Supreme Court Rejected Suppressor Case

 In 2nd Amendment

We wrote recently about the possibility of the Supreme Court taking up the case of Jeremy Kettler, who had been convicted of failing to register his suppressor. He lives in Kansas, which has a law that exempts firearms and all accessories from Federal regulation. The Supreme Court rejected the case, and will not hear arguments regarding his petition. They did so “without comment.”

This leaves in place not only Kettler’s conviction, but the conviction of the Army-Navy Surplus owner. It also fails to make a determination of whether the Second Amendment covers suppressors, and basically unhooks the Kansas law that granted exemption from Federal regulations.

From the previous article:

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.

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

The hope was that if the Supreme Court took up the case, more Second Amendment decisions could come of it. No such luck – the court rejected the petition. The Trump administration told the court to leave the convictions in place, which may be a harbinger of problems down the road for owners of accessories like suppressors.

The Daily Caller reported:

“The Trump administration filed legal briefs urging the justices to reject both petitions, while a coalition of right-leaning states said the court should grant review and decide whether the Second Amendment covers suppressors.

Kettler’s petition wasn’t the only petition rejected. There were several, including one from an inmate at Guantanamo Bay who has been incarcerated there for years. They had already rejected challenges to the bump stock bans back in March and April.

Featured photo: File screenshot

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