“A machine gun is “unusual” because private possession of
all new machine guns, as well as all existing machine guns
that were not lawfully possessed before the enactment of
§ 922(o), has been unlawful since 1986.
Outside of a few government-related uses, machine guns largely exist on the
black market.”
BS! there are an estimated 250,000 legal machine guns in circulation among the civilian, non law-enforcement population. (Exact numbers are not known out ATf as the registrations are confidential tax information).
So they are NOT “Unusual” outside Kalifornia.
They ARE much more “Unusual” in the black market, even most dumb criminals know they will get few breaks if the use a machine gun in their crime.
“[4] In short, machine guns are highly “dangerous and
unusual weapons”(WRONG, as noted above) that are not “typically possessed by law abiding citizens for lawful purposes.” (WRONG AGAIN, as noted above) Heller, 554 U.S. at 625,627.
Thus, we hold that the Second Amendment does not
apply to machine guns. (NOT an issue prior to 1933, cannon, machine guns, SBR and SBS were all common and unregulated)
Moreover, because we conclude (Wrongly!) that machine gun possession is not entitled to Second Amendment protection, it is unnecessary to consider Henry’s argument that the district court applied the incorrect level of constitutional scrutiny in evaluating his claims.
II.
This is clearly not the best possible case to overturn 922.(o), but the ruling illustrates again that the 9th Circus is a bunch of clowns.
I am sure any other court would also have twisted logic and reason into knots in order to not admit the unconstitutionality of 922.(o), but at least they would have done a more professional job of it.
For the record, after MANY years of study, in my lay opinion, the NFA-34 and 922.(o) are both absolutely unconstitutional!
You can learn A LOT about them and their history by searching the archives at NFAOA.org
Congressional records from 1933 and 1934 need to be submitted as evidence, as well as US v. Miller. Also, how can they be considered unusual and such since every military and Government in the world use them?
The only reason they are “unusual” in private hands is due completely because of a restriction placed by the Government. This was addressed in Heller when the court commented on the lack of availability of handguns to the citizens of DC was because of a restriction placed on them by the Government.
There is a strong move to remove 922 (o) from the books. It’s going to happen sooner rather than later, but it’s going to happen. What I’d like addressed by the Court is equal application under the color of law. That alone will eliminate many Government exemptions in law and it’ll strike down laws like LEOSA and such.
The MG ban is a dead duck. The desperation by the anti’s and the lower courts to keep it in place will not work. One way or another that ban is going away. My message to the anti’s is this... Let the ban go away. If you don’t, we’re taking the NFA and a few other laws down for our troubles.