KS: Fed Court: Machineguns are bearable arms, 18 USC 922(o) doesn’t apply

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  • Alamo

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    Apparently a Glock switch






    18 USC 922(o) for reference:

    (o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

    (2) This subsection does not apply with respect to-

    (A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or

    (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.
     

    Nazgul

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    Interesting. Have to see how it plays out. We would all like to see this allowed in the Supreme Court.

    Too many big players have their panties invested in keeping auto weapons from the masses.

    Don
     

    KellyinAvon

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    Text, history, tradition. NYSRPA v Bruen (2022) gave us this standard. NFA of 1934 certainly came along after 1791 and 1868.

    US v Miller (1939) upheld the NFA of 34, but Miller was dead when it came up in front of SCOTUS and it seems like since the defendant had assumed room temperature his lawyers really phoned it in. Having a couple WW I Vets testify as to what weapons would useful to the militia (the militia is "the whole of the people" according to 2A co-author George Mason) and you better believe SBRs and SBSs would top the list.

    The NFA of 34 was passed shortly after Bonnie and Clyde met their demise on a dirt road in Louisiana. IIRC there were two SBSs and three BARs in the car. I really don't think a tax stamp would've affected Bonnie and Clyde, considering how they acquired their weapons.

    Time to go for the end zone on this one.
     

    Cameramonkey

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    Text, history, tradition. NYSRPA v Bruen (2022) gave us this standard. NFA of 1934 certainly came along after 1791 and 1868.

    US v Miller (1939) upheld the NFA of 34, but Miller was dead when it came up in front of SCOTUS and it seems like since the defendant had assumed room temperature his lawyers really phoned it in. Having a couple WW I Vets testify as to what weapons would useful to the militia (the militia is "the whole of the people" according to 2A co-author George Mason) and you better believe SBRs and SBSs would top the list.

    The NFA of 34 was passed shortly after Bonnie and Clyde met their demise on a dirt road in Louisiana. IIRC there were two SBSs and three BARs in the car. I really don't think a tax stamp would've affected Bonnie and Clyde, considering how they acquired their weapons.

    Time to go for the end zone on this one.
    Dont let pesky facts get in the way.
     

    racegunz

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    I realize this is a long process, it may never get to the Supreme Court. But it would be neat if they over turned the 34 restrictions during biden/kamala tenure.

    Like really sticking it to who ever is running their show.

    Don
    Most likely it’s a plan to make restrictions even more concrete through legislation, the timing is not a coincidence
     
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