No. 18-5541
Darren Kyle Stepp-Zafft v. United States
Response WaivedIFP
Tags: 2nd-amendment commerce-clause congressional-power criminal-penalty due-process firearms-regulation national-firearms-act nfa-firearms right-to-bear-arms second-amendment tax taxation united-states-constitution
Key Terms:
SecondAmendment
SecondAmendment
Latest Conference:
2018-09-24
Question Presented (AI Summary)
Is 26 U.S.C. § 5861(d) a valid exercise of Congress's power to tax?
Question Presented (OCR Extract)
QUESTION PRESENTED The prohibition against individual possession of unregistered NFA firearms and their component parts by otherwise law-abiding citizens exceeds the scope of Congress’s power under the commerce clause. Moreover, because the penalty for possessing an unregistered NFA firearm or its component parts is potentially punished by up to 10 years in prison and a $10,000 fine, its enactment was beyond the scope of Congress’s power to tax. Thus, the question presented is: Is 26 U.S.C. § 5861(d) a valid exercise of Congress’s power to tax? ( ( ii
Docket Entries
2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondent United States to respond filed.
2018-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2018)
Attorneys
Darren Kyle Stepp-Zafft
Rick Ramstad — Crew & Crew, P.C., Petitioner
Rick Ramstad — Crew & Crew, P.C., Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent