re constitutionality of u s c o brians atlastele com brian sheets writes you know i was reading u s c and something just did not make sence and i was wondering if someone could help me out say u s c except as provided in paragraph it shall be unlawful for any person to transfer or possess a machinegun well i got to looking in my law dictionary and i found that a person might also be an artificial entity that is created by government and has no rights under the federal constitution so what i don t understand is how a statute like can be enforced on an individual so someone tell me how my government can tell me what i can or cannot possess just passing a law does not make it law everyone knows that laws are constitional until it goes to court so has it ever gone to court not just your run of the mill ok i had it i am guilty put me in jail has anyone ever claimed that they had a right to possess and was told by the supreme court that they didn t have that right brian sheets truck what truck support engineer o o atlas telecom inc raiders of the lost ark brians atlastele com u i m not a lawyer but to the best of my understanding the congress has no more rights than what is enumerated in the constitution that is the prime reason why the national firearms act is based on collecting revenue since the congress has the authority to levy taxes the nfa is a tax act and the registration requirement within it is to assist in that tax collection u s c in order to be constitutional must have a basis on a particular authority granted to the congress by the constitution congress can not arbitrarily ban a substance or product that is why prohibition came into effect only by passing an ammendment what you said about constitutionality of law needs to be clarified i believe that an unconstitutional law was never constitutional when a law is determined by the supreme court to be unconstitutional that law was never really a law the very nature of the law being unconstitutional invalidates the law at it s inception please correct me if i m wrong but when a law is deemed to be unconstitutional anyone convicted of breaking that law is absolved i don t believe u s c has ever been challenged in court nfa has been invalidated in two federal district court cases one may have been appellate level u s vs rock island armory and u s vs dalton
