"...because they’re too close to machine guns...
THIS is a legal argument?"
The Supreme Court has previously discouraged interpolations and additions of the mostly plain language of the Constitution, the Seventeenth Circuit's statement about 2A an attempt to weaken 2nd Amendment (2A) protections imo.
“3. The Constitution was written to be understood by the voters [emphasis added]; its words and phrases were used in their normal and ordinary as distinguished from technical meaning; where the intention is clear, there is no room for construction and no excuse for interpolation or addition.” —United States v. Sprague, 1931.
But more importantly, the main problem with 2A is not necessarily anti-2A judges weakening that amendment, but the very corrupt, anti-2A Congress that is stubbornly refusing to remove anti-2A judges from the bench imo.
Consider that Congress likewise gets around 1st Amendment prohibition of laws that stifle religious expression and free speech for example, by confirming activist judges and then letting such judges get way with legislating such “laws” from the bench.
The remedy for activist judges who weaken 2A protections is this. Democratic and Republican Trump supporters need to get ready ASAP to primary all incumbent federal lawmakers up for reelection in 2024, except for MTG, Gaetz & Company, Jordan (and others?), replacing them with new pro-2A patriot lawmakers who will remove these judges.
The ruling is devoid of law, history, and facts! This opinion may backfire on the left ‘bigly’ should SCOTUS take the case (and I’m confident they will) and then clarify their opinion on Bruen, Miller, and other more recent Second Amendment cases.
“...because they’re too close to machine guns...
= = =
Too close in what? The dictionary? The gun safe?
Oh, ‘15’ and ‘16’ are very close.