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Armed Attorneys Richard Hayes and Edwin Walker discuss a newly accepted Supreme Court case that could have major implications for federal taxing power, the National Firearms Act (NFA), suppressors, short-barreled rifles, and gun owners nationwide.
On October 19, 2026, the U.S. Supreme Court agreed to hear Department of Justice v. Scott McNutt, a case challenging the federal government’s authority to prohibit home distilling under Congress’s power to tax.
But what does making alcohol at home have to do with your Second Amendment rights?
The answer could be bigger than you think.
The Fifth Circuit ruled that the federal home-distilling prohibition exceeded Congress’s taxing authority. The Sixth Circuit reached a different conclusion, creating a split that the Supreme Court will now address.
Richard and Edwin explain how the Necessary and Proper Clause comes into play, why the government’s power to regulate activities through taxation matters, and how the Court’s eventual decision could influence legal challenges involving NFA firearms.
With Congress reducing certain NFA making and transfer taxes to $0, the constitutional relationship between taxation and federal regulation has become especially important.
In this episode:
* Why SCOTUS agreed to hear the home-distilling case
* The Fifth Circuit’s ruling against the federal prohibition
* The government’s argument under the Necessary and Proper Clause
* How this case could affect suppressors, SBRs, SBSs, and other NFA items
* What an eventual Supreme Court ruling could mean for federal firearm regulations
* Why gun owners should be watching this case closely
SUPREME COURT CASE:
Department of Justice v. Scott McNutt, No. 26-204
Official Supreme Court Docket:https://www.supremecourt.gov/docket/docketfiles/html/public/26-204.html
Petition for Writ of Certiorari:https://www.supremecourt.gov/DocketPDF/26/26-204/419168/20260814181724147_McNutt_cert_petition.pdf
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QUESTION: Should Congress be allowed to prohibit an activity simply because it makes collecting taxes more difficult? Let us know in the comments!
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