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To: 45Auto
Question:

Does Lopez mean that one may manufacture one's own machine gun, as long as one doesn't take it out of state? Does one have to register it and pay $200?

5 posted on 03/18/2002 1:54:14 PM PST by Atlas Sneezed
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To: Beelzebubba
Does Lopez mean that one may manufacture one's own machine gun, as long as one doesn't take it out of state? Does one have to register it and pay $200?

Under the 1934 NFA, technically, individuals can possess full-auto if they apply for a license in advance of actually obtaining the unit. This is a Federal law, and some have argued that it is unconstitutional since requiring fees for the exercise of a Constitutional right is 'prior restraint' and therefore unconstitutional. However, if you live in California, you cannot own full-auto (even if you qualify under the NFA) because state laws forbid it. California law has therefore 'over-ridden' federal statute - probably that is also unconstitutional.

These laws stand partially because NO court in California nor the 9th Federal Circuit Court (as the cuurent makeup of those bodies is) will EVER rule in favor of the RKBA and against these laws and partially because nobody wants to 'do time' while waiting for their case to come up before the US SC.

6 posted on 03/18/2002 2:03:51 PM PST by 45Auto
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To: Beelzebubba
Does Lopez mean that one may manufacture one's own machine gun, as long as one doesn't take it out of state? Does one have to register it and pay $200?

U.S. v. Rock Island Armory.

"Since its passage in 1934, the registration, taxation, and other requirements of the National Firearms Act ("NFA") have been upheld by the courts under the power of Congress to raise revenue. (Footnote 5) However, 18 U.S.C. sec. 922(o), which became effective on May 19, 1986, prohibits possession of machineguns, and thereby repealed or rendered unconstitutional the portions of the National Firearms Act which provided for the raising of revenue from the making, possession, and transfer of machineguns made after such date. As the government conceded at oral argument, the United States refuses to register or accept tax payments for the making or transfer of machineguns made after 1986. (Footnote 6) Thus, sec. 922(o), as applied to machineguns made after May 19, 1986, left the registration and other requirements of the National Firearms Act without any constitutional basis."

Note: The SCOTUS did not take up the Appeal, so it is law only in the District Court where it was heard.

21 posted on 03/18/2002 3:45:22 PM PST by lepton
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