During Prohibition, Al Capone’s Chicago gang made the Thompson submachine gun a symbol of gang violence. The “Chicago Typewriter” could empty a hundred-round drum magazine in under ten seconds, and make headlines, while occasionally perforating both targets and bystanders.
Congress saw an opportunity to “do something,” and “wasn’t willing to let a ‘crisis’ go to waste.” The ultimate result is the National Firearms Act of 1934 (“NFA”), which was later amended by the Gun Control Act of 1968 (“GCA”). The net result is that certain firearms and firearm-related items have seriously disfavored status, completely unrelated to anything having to do with crime or Constitution.
The NFA states that for certain items such as machine guns and suppressors, the purchaser must pay a $200 tax and then wait for extended periods for the federal government to decide that it’s okay for him to have the item. But the Supreme Court said in Bruen that “lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“BATFE”) routinely violates this idea with wait times of a year or more before issuing permits. Granted, they’re purchase authorizations, not carry permits, but the same idea applies. When you have a constitutional right to a weapon or suppressor, all other considerations require extremely careful examination.
When I go to a dealer to purchase a firearm, I must first fill out Form 4473 and pay a $5 fee to run a National Instant Check System (“NICS”) background check. If I fail the check, I’m out the fin and must go through an appeal process. Only when that is finished can I buy the gun. But ordinarily, I’m cleared out the door in minutes because I have a Florida license to carry. Without the license, it’s a three-day wait. Not exactly the same as waiting for a trial after January 6 but still….
But for my silencer, I had to send in my fingerprints, fill out a form, pay my $200, do not pass Go, and wait. And wait. And wait. When I look at the legal rules to own a suppressor (“silencer”), there are three basic criteria:
- I’m legally eligible to purchase a firearm in a state that allows suppressors.
- I pass the BATFE background check.
- I pay the $200 tax.
That’s it. In short, all this could be done in the five minutes it took to do the NICS check because it’s functionally the same background check. Add in the two C notes, and everything should be over in the time it takes to ring up the transaction. But so far, I’m at eleven months and counting. That definitely qualifies as a “lengthy wait time.” Even if we throw in the fingerprints, that shouldn’t take more than a day, since police can routinely get prints run in hours.
Suppressors are legal. You heard me correctly. This is an essential key concept. Because I am a lawful gun owner, the only material difference is that I must pay the extra tax. Thus, the process does not describe a prohibition. Rather, the NFA is “to provide for… taxation.” Unfortunately, it’s also a way some bureaucrat who decides to shut you down to deny you your lawful exercise of your Second Amendment rights. Bruen, however, declared that if you are not a legally prohibited person, your right is exactly that: a right.
The NFA also covers “short barreled rifles,” “short barreled shotguns,” “machine guns,” “any other weapon,” and “destructive devices.” All of these, except for explosives, have the same conditions for possession. A brief overview will show how arbitrary these definitions are.
A short-barreled rifle has a barrel under 16 inches or a length of less than 26 inches. But!!! If the buttstock of an SBR is exchanged for a “brace” that can be secured to the shooter’s forearm, it’s now a pistol and doesn’t need to be taxed under the NFA. So, my AR pistol at 27 inches with a brace and a 10-inch barrel is legally a pistol and I’m free of the BATFE. But if I add a vertical foregrip for about $25, it suddenly becomes “any other weapon” and I must pay the $200 and go to BATFE for a blessing that may come next year. Of course, it’s still longer than the Israeli TAVOR battle rifle (26 ¼ inches) which is legally an ordinary rifle outside BATFE’s tax scheme regardless of any accessories I add.
Shotguns get more insane rules. They must have 18-inch barrels. Why? It’s just as arbitrary as 16-inch barrels for rifles. In United States v. Miller (1939), the Supreme Court ruled against weapons that did not have specific military applications. Sawed-off shotguns were not military weapons in 1939 but became key guns the “tunnel rats” carried in Vietnam. So, they are presumptively protected. But for the moment, BATFE gets its pound of flesh.
Another shotgun rule is particularly silly. You can fire .410 shotgun shells in many 45-caliber revolvers. But if you put a smooth bore barrel on the revolver instead of the rifled one, you now have “any other weapon,” again subject to tax. But such a revolver might be particularly valuable for home defense, which is clearly a protected right under Heller and Bruen.
We could go on, but it’s clear that BATFE has been acting in a way clearly hostile to Second Amendment rights by unreasonably delaying approval to purchase various firearms and accessories. Further, the law under which it operates is the very definition of “arbitrary and capricious.” Florida Statutes 120.57 2.d explains that “A rule is arbitrary if it is not supported by logic or the necessary facts; a rule is capricious if it is adopted without thought or reason or is irrational.” The Supreme Court has applied this definition in multiple cases.
We might suggest that restricting private ownership of explosives could be legal. The imposition of these excise taxes might be a lawful act. But levying a tax on the exercise of a constitutional right is a clear infringement of that right. If I want to buy a fully automatic weapon and pay for the immense amount of ammunition it eats just because it has the giggle switch (full auto selector), that is my right. I become liable when I misuse it, just as I would become liable for misusing a single shot derringer or a delivery truck.
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Imposing extra taxes on a constitutionally protected activity is a prior restraint on that right. First Amendment cases have clearly held prior restraints to be unlawful. Lengthy wait times are similarly unconstitutional. And the provisions of the NFA are arbitrary and capricious. That must include the GCA prohibition on private ownership of automatic weapons manufactured after 1969. We must therefore conclude that the bulk of both the National Firearms Act and Gun Control Act is unconstitutional in both its text and application. SCOTUS should strike them both down at the earliest opportunity.
Ted Noel MD is a retired Anesthesiologist/Intensivist who podcasts and posts on social media as DoctorTed and @vidzette. His DoctorTed podcasts are available on many podcast channels.
Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
