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Court rules machine guns not covered by 2A

Discussion in 'NFA & Class III Discussion' started by MrShooter, Jul 17, 2016.

  1. MrShooter

    MrShooter Sharpshooter

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  2. MrShooter

    MrShooter Sharpshooter

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    A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled late last month that firearms capable of automatic fire, or machine guns, are not protected under the Second Amendment. The case in question was a challenge by Texas resident Jay Hollis, who petitioned the ATF for permission to build a select-fire M-16 from commonplace AR-15 parts. The ATF initially granted the request, but later denied it since the firearm would violate a 1986 federal law that bans the private possession of machine guns. Judges Carolyn Dineen King, Leslie Southwick and Catharina Haynes upheld that law on June 30, ruling that machine guns were not a right guaranteed by the Second Amendment.

    In their opinion, the judges referred to the landmark decision in the 2008 case District of Columbia v. Heller. Following the previous ruling, the judges found that automatic firearms were both “dangerous” and “unusual,” and could not be protected under the Second Amendment since they were not in common use. The judges noted that there are well over eight million AR-15 and AK-style semi-automatic rifles in the United States, but only 175,977 pre-1986 automatic firearms in civilian hands.

    “The Second Amendment does not create a right to possess a weapon solely because a weapon may be used in or is useful for militia or military service,” stated the appeals court.

    The judges said if every weapon used by the military was protected by the Second Amendment, there was little stopping private citizens from purchasing hand grenades—an idea that the Supreme Court already refuted. Furthermore, the 5th Circuit Court opposed the reasoning that select-fire guns are necessary to ward off tyranny.

    “Hollis next argues that the Second Amendment is what protects ‘the Right of the People to alter or abolish’ a government that becomes destructive of the people’s rights,” Southwick stated in her opinion. “Hollis seeks equality between the people and the Government so that those seeking to abolish the government will have a fair chance. But self-defense, not revolution, ‘is the central component of the Second Amendment.”

    The judges concluded that the Second Amendment was meant to protect the individual right to protect “hearth and home,” rather than guaranteeing the right to own specific firearms.
     
  3. MrShooter

    MrShooter Sharpshooter

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    I worry for the guys invested in MG's when Hillary reigns
     
  4. dennishoddy

    dennishoddy Sharpshooter

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    Regan was no friend to the 2nd.
    Lets hope Trump gets in, and some new 2A friendly judges get appointed to the supreme court. Possibly some of this 922 compliant and NFA BS regarding guns and cans will go away.
     
  5. Glocktogo

    Glocktogo Sharpshooter

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    I'd specifically like to see how many actual convictions on 922r compliance there have been since inception. Once the country finds out how few there are on the books, it should be a lot easier to repeal. As a matter of fact, I think every law with criminal or civil penalties should require a 5 year review. If it's not serving the public need it was alleged to address, it should expire and any conditions that did occur, should be reviewed for reversal.
     
  6. dennishoddy

    dennishoddy Sharpshooter

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    I get around a lot of places where guns are used publicly, and I'll have to totally agree. I have one gun that needed to be made 922 compliant. Bought a tiny baggy of an o-ring, screws, and a circlip. Changed them out and I'm totally legal.
    WTF? Identical parts, just made in the US. Stupid crap like this needs to be examined for dismissal. I agree. The ATF doesn't have enough officers in the field to monitor this. Honest people do it. Criminals won't.
     
    GlockPride likes this.
  7. Wheel Gun

    Wheel Gun Sharpshooter

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    Well, I sort of hope that this doesn't advance to the Supreme Court. The appellate court seems to have made some assumptions about what "was meant" in the 2nd Amendment. I disagree with their limited interpretation of the framers' intent, but fear what the Supremes would do with this. We've seen how the top court now likes to rewrite legislation and they could do nasty things with this issue.
     
  8. FullAuto

    FullAuto Sharpshooter

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    Oh no! Now they may ban machine guns!
     
  9. Catt57

    Catt57 Gill-Gun Guru

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    Considering the ridiculous prices for a "legal" machine gun, they are already, in effect, banned from the average citizen.
     
  10. Shadowrider

    Shadowrider Sharpshooter

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    That was the whole point of NFA '34. President Roosevelt knew an outright ban wouldn't pass muster with the constitution so they put a HUGE tax on them. So they weren't actually outlawed but basically nobody could get one.
     

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