Federal Judge Declares Machine Gun Ban Unconstitutional

2,914 Views | 29 Replies | Last: 11 mo ago by AgBQ-00
UTExan
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https://www.thefirearmblog.com/blog/federal-court-declares-machine-gun-ban-unconstitutional-44819047

" In a major ruling out of the Southern District of Mississippi, Judge Carlton Reeves has struck down the federal machine gun ban as unconstitutional under the Second Amendment. The case, United States v. Brown, follows the framework established by the Supreme Court in New York State Rifle & Pistol Association v. Bruen, which requires gun laws to be justified by historical tradition.
As someone who has appeared before Judge Reeves, most recently in The Jones Group of Mississippi, LLC v. Zurich American Insurance Co., No. 3:20-CV-151-CWR-FKB (S.D. Miss. Dec. 1, 2020), I can attest that he is a fair and methodical judge. What makes this ruling particularly noteworthy is that while he ultimately found the law unconstitutional, he openly expressed skepticism about the Bruen framework. Nevertheless, he followed the Supreme Court's ruling as written and determined that the government failed to meet its burden of proving that 922(o) is consistent with the nation's historical firearm regulations."

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Wow. That is a game changer when ColoCalifILNYNJMDDC were trying to further restrict semiautomatic firearms.
“If you’re going to have crime it should at least be organized crime”
-Havelock Vetinari
Rapier108
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Yeah, no real faith that this is going to hold up on appeal.

The NFA was already upheld once by the Supreme Court in 1938.

Might result in removing the ban on new machine guns since 1986, but I don't think there are 5 members of the USSC who would vote to strike down all regulations on full autos.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
hunter2012
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stampless and legal giggle switches? YES PLEASE.
Mathguy64
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So a real BAR and a Tommy Gun?
pagerman @ work
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Rapier108 said:

Yeah, no real faith that this is going to hold up on appeal.
Fair enough, but between now and the stay pending appeal is what you call "an opportunity".
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy. It's inherent virtue is the equal sharing of miseries." - Winston Churchill
SirDippinDots
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I should be allowed to have a B-2 bomber if i could afford it and build it.
I wish a buck was still silver, it was back, when the country was strong.
FIDO*98*
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Honestly would have preferred suppressors and rifle barrel length ruled unconstitutional.
AgBQ-00
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Think i heard that this was strictly limited to that one person
You do not have a soul. You are a soul that has a body.

We sing Hallelujah! The Lamb has overcome!
Rapier108
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pagerman @ work said:

Rapier108 said:

Yeah, no real faith that this is going to hold up on appeal.
Fair enough, but between now and the stay pending appeal is what you call "an opportunity".
Probably not a good idea to think one can buy a full auto because of the judge's ruling. If it gets reversed, anyone who did that could be in a lot of legal trouble.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
techno-ag
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Now do silencers.
Trump will fix it.
MouthBQ98
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Don't care about automatics.

I think it is utterly ridiculous how difficult it is to protect my hearing when target shooting. Suppressors are ridiculously expensive and time consuming to apply for.
BMX Bandit
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Worth noting, this is no liberal judge.

He's an Obama appointee, that was the District Court judge in Dobbs who said the Mississippi abortion, law, violated the constitution, what the Supreme Court eventually overturned
vmiaptetr
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Lot of boating accident losses might be floating to the surface soon.
Logos Stick
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techno-ag said:

Now do silencers.

Incoming (suppressor)
Get Off My Lawn
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Mathguy64 said:

So a real BAR and a Tommy Gun?
M240B. That's #1 on my list if the USSC does the right thing.
techno-ag
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Logos Stick said:

techno-ag said:

Now do silencers.

Incoming (suppressor)
Eh. It's generic like Kleenex.
Trump will fix it.
The Sun
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MouthBQ98 said:

Don't care about automatics.

I think it is utterly ridiculous how difficult it is to protect my hearing when target shooting. Suppressors are ridiculously expensive and time consuming to apply for.


You should care about all of it.

"...shall not be infringed."

Gun owners need to stop thinking in terms of "me, me, me" and instead think of "we, we, we".
Logos Stick
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Rapier108 said:



Might result in removing the ban on new machine guns since 1986, but I don't think there are 5 members of the USSC who would vote to strike down all regulations on full autos.

That's exactly what should happen. It makes no sense to have some arbitrary mark in time for legality. I'm ok with the $200 and background check but NO registration even though I still think the former is unconstitutional.
Get Off My Lawn
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SirDippinDots said:

I should be allowed to have a B-2 bomber if i could afford it and build it.
My line is that the govt's say should be limited to inherently risky materials whose mere storage could be a public safety risks. And so long as they allow the insane and criminal to walk free; I can see background checks to restrict some from easy access.

But rate of fire, suppression, barrel length, caliber, accessories, etc: all of that should be above govt consideration.
samurai_science
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MouthBQ98 said:

Don't care about automatics.

I think it is utterly ridiculous how difficult it is to protect my hearing when target shooting. Suppressors are ridiculously expensive and time consuming to apply for.
Suppressors can be used on full autos....
Logos Stick
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techno-ag said:

Logos Stick said:

techno-ag said:

Now do silencers.

Incoming (suppressor)
Eh. It's generic like Kleenex.

I'm quite OK with the term since it's used colloquially, legally and that's what they were called when first invented, but the gun snob sniffers are not.
rgag12
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MouthBQ98 said:

Don't care about automatics.

I think it is utterly ridiculous how difficult it is to protect my hearing when target shooting. Suppressors are ridiculously expensive and time consuming to apply for.


Suppressors are ridiculously expensive, but applying for them is extremely quick now. If your gunshop is properly setup for fingerprinting then the whole thing from start to approval takes 24-48 hours.

It'd be better if we didn't have to do it at all, but the ATF has gotten extremely fast at least.
samurai_science
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rgag12 said:

MouthBQ98 said:

Don't care about automatics.

I think it is utterly ridiculous how difficult it is to protect my hearing when target shooting. Suppressors are ridiculously expensive and time consuming to apply for.


Suppressors are ridiculously expensive, but applying for them is extremely quick now. If your gunshop is properly setup for fingerprinting then the whole thing from start to approval takes 24-48 hours.

It'd be better if we didn't have to do it at all, but the ATF has gotten extremely fast at least.
Imagine a free market with no registration for suppressors, the cost would drop like a rock if you could just order them over the internet and have them next day.
deddog
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FIDO*98* said:

Honestly would have preferred suppressors and rifle barrel length ruled unconstitutional.
BigRobSA
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"Shall not be infringed..."

Plain English

There should be no barriers to ownership, end of sentence.
rab79
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Logos Stick said:

Rapier108 said:



Might result in removing the ban on new machine guns since 1986, but I don't think there are 5 members of the USSC who would vote to strike down all regulations on full autos.

That's exactly what should happen. It makes no sense to have some arbitrary mark in time for legality. I'm ok with the $200 and background check but NO registration even though I still think the former is unconstitutional.

Well, I'm not, want to be able to fab my own design!
BMX Bandit
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No ser infringido; para ti y tu tio Beto
nortex97
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The NFA has never really been properly litigated up to SCOTUS. I hope it happens in my lifetime. I'm not real confident at all in ACB or Roberts to have a spine about it though.

The ATF should be abolished. Typical story.
rocky the dog
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Elections are when people find out what politicians stand for, and politicians find out what people will fall for.
AgBQ-00
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rocky the dog said:


Good for violent mobs protesting climate and police and any number of other left wing things?

On the other hand Christmas markets and parades would need to be protected
You do not have a soul. You are a soul that has a body.

We sing Hallelujah! The Lamb has overcome!
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