Petitioner was convicted of possessing an
unregistered firearm sound suppressor in violation of
the National Firearms Act of 1934, 26 U.S.C § 5861(d).
He challenged whether the NFA continues to be a
proper exercise of Congress’s taxing power due to
changed circumstances, and if so, whether it imposes
an impermissible tax on the exercise of a constitutional
right. The Tenth Circuit concluded that it was bound
by this Court’s decision in United States v. Sonzinsky,
300 U.S. 506 (1937), upholding the NFA, and that only
this Court could overturn its own decisions. The Tenth
Circuit also concluded that the Second Amendment
protects only “bearable arms,” not including firearm
accessories such as sound suppressors. The questions
presented are:
Whether the National Firearms Act of 1934,
upheld in Sonzinsky, continues to be a constitutional
exercise of Congress’s taxing power when the
justifications for that decision have significantly
eroded over the last 82 years.
Whether the Second Amendment protects firearm
accessories such as sound suppressors.
Whether the tax imposed by the National
Firearms Act, targeting the exercise of a Second
Amendment right, violates the rule of Murdock v.
Pennsylvania, 319 U.S. 105 (1943) and Cox v. New
Hampshire, 312 U.S. 669 (1941).
Today’s order list:
https://www.supremecourt.gov/orders/courtorders/061019zor_3dq4.pdf
Documents for case No. 18-936 (Kettler v. U.S.):
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-936.html
Excerpt from the cert petition: