Have to overturn existing precedents to overturn any Democrat congressional gun bans when the Democrats jump straight to a ban without any attempt to reasonably regulate first.
President Biden's gun control plan which he campaigned upon, states he will ask to have semi auto assault weapons moved into the highly regulated NFA 1934 act with federal background checks to be completed upon those who currently own these firearms when they register them if the Biden plan becomes law.
Registering Assault Weapons That Will Be Grandfathered
"Regulate possession of existing assault weapons under the National Firearms Act. Currently, the National Firearms Act requires individuals possessing machine-guns, silencers, and short-barreled rifles to undergo a background check and register those weapons with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Due to these requirements, such weapons are rarely used in crimes. As president, Biden will pursue legislation to regulate possession of existing assault weapons under the National Firearms Act.
That in itself is constitutional however the NFA act has a tax imposed of 200 dollars on each class III firearm registered and none presently upon magazines .
The tax is a transfer tax of the firearms ownership that is actually a special occupational tax upon the transferring federal firearms dealer, all NFA firearms must have ownership transferred by federal firearms license dealers with a NFA act license .This tax is passed on to the owner of the firearm and the tax stamp must be affixed to their ownership document.
Thus the right to keep and bear arms is taxed as a unconstitutional infringement. The Biden plan also requires the same 200 dollar tax to be paid for each magazine of high capacity which renders the firearm fundamentally unusable and only capable of firing single shots without a magazine
Then the NFA act requires the signature of a chief law enforcement officer in the area the new owner lives to sign a document attesting that the applicant is the person applying for the transfer ownership and not a stand in , and that the Chief LEO has no information that the applicant has committed any crimes that disallows the ownership of the firearm or under indictment for any crimes. The problem is Democrat Chief LEO's may now simply tell the applicants ," I'm not signing that I don't have to the law does not require me to preform this service". Such political inspired refusal to sign the application is an unconstitutional infringement on the right to keep and bear arms .
If these two infringements , the 200 tax and the issue of the Chief LEO are changed to eliminate the tax and require the chief LEO to preform service under the law then the Biden plan will be constitutional .
It must be noted that the NFA act only affected a small number of machine gun owners , sawed off shotgun and short barrel rifle owners simply discarded those firearms as they were not worth the cost of the tax after the NFA 134 took place.
Today any attempt to require 20 million Americans plus to pay a 200 dollar tax and much more for their magazines will be a huge national issue that will result in the Democrats Assault Weapons Biden Plan act being overturned by the US Supreme Court unless the Biden plans two unconstitutional actions are fixed as I have stated
If a pure ban is passed that will enrage the American people and make Joe Biden into a national liar as he ran on the Biden Plan which allows existing assault weapons to be grandfathered and kept if registered under the 1934 NFA which would be expanded to semi auto firearms. Such a pure ban shall be declared unconstitutional by the US Supreme Court once it is heard with instructions to reasonably regulate . Which is where the case will be going immediately
There are other unconstitutional actions within the BIDEN Plan which will be heard by the US Supreme Court one at a time and found to be unconstitutional infringements against the right to keep and bear arms. Once again 20 million plus Americans rights will be at stake as well as American fireams makers.