Legal question about Corps and Trusts

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Handloader
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Legal question about Corps and Trusts

Post by Handloader »

Okay bear with me, I'm not a lawyer, but here is a thought of mine (and forgive me if this has been discussed here before).
So...In 2010 the Supreme court (in a five-to-four decision), overturned the century-old restrictions on corporations, unions and other interest groups from using their vast treasuries to advocate for a specific candidate. The conservative members of the Court ruled corporations have First Amendment rights and that the government cannot impose restrictions on their political speech. SO... by this ruling, the rights of and individual EXTEND to the rights of the a corporation (i.e. in the eyes of the law...they are indifferent). Granted these rulings are applicable to the 1st Amendment, but could impact additional Amendments as well (I think).

So not only may this rulings play a part in the upcoming case with Hooby-Lobby, but does these rulings set precedent to allow the ATF&E to treat corporations (i.e. LLC's or trusts) like individuals. Hence, they can drive forward with the finger-printing and photo requirements of all members of a corporation/trust without the need of review of the proposed changes to current policies directed at the corporations.

Maybe I am just an idiot, but it sure would seem like a slippery slope. AND if someone of my limited ideas could think of this, IMAGINE what a smart lawyer could do!
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doubloon
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Re: Legal question about Corps and Trusts

Post by doubloon »

As far as I know the upcoming rule changes being considered by the ATF have nothing to do with rights or legislation but is simply policy set by the ATF for processes they manage.

No vote, no legislation, no Constitution required ... simply a change in policy.
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whiterussian1974
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Re: Legal question about Corps and Trusts

Post by whiterussian1974 »

doubloon wrote:No vote, no legislation, no Constitution required ... simply a change in policy.
Agreed. Didn't we hear Obama say that he has a phone and a pen?

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danb35
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Re: Legal question about Corps and Trusts

Post by danb35 »

Completely unrelated issues. Corporations are people for some purposes, and not for others; this has been the case as long as corporations have existed. They are not individuals, and cannot be fingerprinted or photographed. ATF's proposal has nothing to do with any change in the legal status of corporations (there's been no such change). Rather, it's based (allegedly) on the concern that a prohibited person could circumvent background checks by using a corp/LLC/trust to buy an NFA item.
LawBob
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Re: Legal question about Corps and Trusts

Post by LawBob »

I thought you were going the other way w that.
If a corp has 1st amendment rights, does it not have 2nd ones too?
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