The earthquake that rumbled across the legal landscape yesterday as a result of the Supreme Court’s New York Rifle & Pistol Association v. Bruen ruling is only just beginning to be really felt. Yes, the Court nuked “may issue” licensing schemes in New York (and the eight other states with similar laws). But as the almost panicked reactions of those in the gun control industry made abundantly clear, that’s only the start of what the ruling will mean for other laws currently on the books.
Justice Clarence Thomas’s clear and unambiguous rejection of the interest balancing tests that have been used by lower courts to ignore the Heller and McDonald decisions for the last 14 years can and will be used to attack dozens of other gun control schemes currently in effect across the country. To wit . . .
Only a few hours after the Bruen decision was handed down, an en banc Fifth Circuit Court of Appeals tossed a three judge panel’s ruling that upheld the ATF’s reclassification of bump stocks as machine guns.
This is the case brought here in Austin by Central Texas Gun Works owner Michael Cargill, which will now be re-heard.
From the Austin American-Statesman . . .
In Thursday’s order that vacated the panel’s ruling, the full 5th Circuit gave no reasons for its action, saying that oral arguments will be scheduled and deadlines for a new round of legal briefs will be set.
Gee, can anyone hazard a guess as to why the Fifth Circuit might have ruled that way? Is there any chance that it has something to do with the entirely new legal landscape we now have for determining whether gun control laws violate Americans’ Second Amendment rights?
We figured that the case had already been considered long before the Bruen decision was handed down, and maybe yesterday’s announcement was just a happy coincidence. Then we talked to TTAG’s resident legal expert LKB who had this to say . . .
The panel decision was issued late last year (after Bruen was argued); appellants then filed for an en banc rehearing. The Fifth Circuit Court of Appeals hadn’t ruled on the en banc request, obviously waiting to see what SCOTUS would do. Now we know.
CTA5 is thus poised to be the first en banc CTA to rule on Second Amendment issues post Bruen . . . and given the lineup of that court, they may very well issue a broad, binding-on-all-district courts-and-CTA panels Second Amendment opinion that rolls out the red carpet for 2A test cases to be filed in Texas/Louisiana/Mississippi.
Gosh. That would be awful.
When asked if it was fair to say the Fifth Circuit was just waiting for the Bruen ruling to come down, LKB said . . .
Unless you are privy to intra-court communications, you never know why a court does anything. But it is fair to say, “it appears that the Court was waiting for the Bruen opinion before acting on the petition for rehearing.”
OK then…that’s what we’ll say.
One quirk of the Cargill case is that it’s a challenge to the Administrative Procedure Act, a different animal than cases brought against magazine capacity limits or “assault weapons” bans. As a result, Bruen will play less of a role in how the case is decided.
But the Supreme Court has been holding a number of other cases in anticipation of its ruling on Bruen such as . . .
Young v. Hawaii — open carry ban
Bianchi v. Frosh — “assault weapons” ban
ANJRPC v. Grewal — “high capacity” magazine ban
Aphosian v. Garland — bump stock ban, similar case to Cargill
Look for the Court to grant cert, vacate the lower court rulings and send them back for reconsideration now under Bruen in the coming days.
And there are so many more. As the Mountain States Legal Foundation’s Cody Wisniewski points out, yesterday’s ruling did two things. Bruen was both an affirmative restatement of the Heller decision and an affirmative rejection of the two-step procedure of evaluating Second Amendment cases that lower courts have used to get around Heller ever since.
That two-step standard is now no longer an option. But because those lower courts have been applying the now decisively discredited standard to cases challenging gun control laws for the last 14 years, every one of those decisions is now fair game again.
This isn’t going to play out quickly. Nothing in the legal system ever does. But this might be a good time to stock up on popcorn, because the legal fireworks have only just begun.
Bump stocks are cool and all but how are the forced reset triggers/binary triggers in terms of being reliable/user friendly/useful? I was deployed and then broke for most of the time all of these were a thing then in NY so …………behind the curve by over a decade.
Do not misunderstand me. I do not have the right or the desire to tell others what they should own and use. Full auto should be for sale in the local hardware store.
I personally have no desire to own a bump stock. I tend to really like old school firearms. To me a msr is an M1 or sks.
Don’t know why this replied to safe. It was meant as a stand alone.
I would be so happy if I could go to my gas station buy a box of ammo and a gun encased in plastic and get a soda.
In my youth I have seen ammo for sale at gas stations and grocery stores.
Now you are just tormenting me. lol Hopefully some states start ignoring federal weapons laws.
I mean more than suppressors hopefully.
I bought my first rifle at the East Coast version of a Western Auto store. It is so many years in the past that I don’t remember which chain it was. I believe it was a Firestone store that sold auto service, tires, batteries, tools and auto sundries and at least .22 rifles. I plunked down my money, got a new .22 Remington 514 and walked out with the recipe in my pocket and the box with the rifle under my arm. I was 16 years old, having just turned 16 bout a week or so prior. It was legal in PA at that time for a 16 year old to purchase at .east a .22. I don’t know about handguns or big bore rifles. I WANTED A .22! I don’t know if the clerk even asked if I was 16. He might have and I answered yes and that was good enough.
Parents used to send their kids to the store for a pack of cigarettes too in those days and nobody batted an eye.
State stores which were the only stores that sold wine and hard liquor were a different matter. They were charged with cutting down on the amount of booze purchased and were state employees, so were alcohol nazis. Somehow teenagers still managed to get hold of beer, wine and hard liquor.
Well, I know one way we got hold of at least wine at lunch time. Henry Pizzarro’s father made wine at home and Henry used to bring a thermos of wine to school in his lunch pail. That was eighth grade under the noses of the nuns. I got finked out for drinking sherry in the sacristy during my alter boy chores. Italian Swiss Colony sherry. While I still like sherry once in a while, my tastes have upgraded just a tase. Is Italian Swiss Colony still marketed? The upscale sherry was Christian Brothers which I think was an E&J Gallo label.
Cue the old joke about how ATF should be a convenience store, not a government agency.
I’d take a forced reset over a shitty stock any day.
That time has came and gone. Should they be illegal? No. Are the worth it? No. We’ve already pushed beyond them and forced resets make them look stupid. No point now.
That does appear to be the case from reading up on it (finally might be relevant in the decade) so will have to find a way to give it a try next trip south or west.
Agreed. The binary triggers are much superior, imo.
And much more expensive.
They are not that much more. Regardless, bump stops are old tech and it’s like a floppy drive compared to an NVME.
^ Good analogy Six. Never liked them, but their prohibition is completely illegal going by the very definition of the (also illegitimate) law.
A bump stock works pretty good on a S&W 15-.22 with an aftermarket (lighter) trigger which is all I would be willing to shoot FA given current ammo situation.
A Franklin binary will not work with a CMMG ar15 .22 lr bolt carrier group conversion. I do not know about forced reset triggers but I doubt it on the CMMG bolt.
There were also higher quality (higher priced) bump stocks that were made of metal for AK pattern.
Unfortunately my slide fire was lost in a tragic accident, but I’m now thinking maybe I could find it if I started looking really hard.
Good to know for the AR pattern .22lr we would probably be more looking the Ruger 10/22 for that caliber
>>>A Franklin binary will not work with a CMMG ar15 .22 lr bolt carrier group conversion.
I will have to disagree with that statement as I currently have my Franklin Armory binary trigger in my .22 AR pistol with a CMMG BCG. It works but not as well as one would hope for. It’s very easy to overrun the trigger as the BCG isn’t moving as fast as in a center-fire gun. So you end up releasing the trigger while the BCG is still reciprocating and get hammer-follow. (Yes, I’m swapping the Franklin trigger back to one of my other AR’s.)
I LOVE MY BINARY TRIGGER WHICH IS CHEAPER TO BUY FROM BROWNELLS THAN FRANKLIN.. BUMP STOCKS SUCK AS THEY SHAKE SO MUCH THAT THE GUN IS INACCURATE. BUMP STOCKS IMMITATES A MACHINE GUN’S RATE OF FIRE BUT IT IS INACCURATE FOR TARGET SHOOTING. TRUMP JUST WENT ALONG WITH THE FACT THAT THE NUT THAT USED A BUMP STOCK AND SHOT DOWN FROM A BUILDING INTO A CROWD AND COULD OF DONE JUST AS MUCH DAMAGE WITH ANY SEMIAUTO RIFLE.AMAZING THAT THERE ARE AT LEAST 10 STATES THAT DONT ALLOW THE BINARY TRIGGER ESPECIALLY FLORIDA WHICH ALLOWS CLASS 3 FULL AUTO REGISTERED ITEMS
I have limited time on a forced reset, but it worked and was very cool. A downside of the current offerings is they are Full Reset all the time. Triggers that have the option of Full Reset & normal Semi-Auto are in the works though (think select fire), which would be very cool.
I’ve got a binary for a MP5 and it works great for what is essentially a 2 round burst. If you are quick you get what sounds like ragged full auto. The nice thing about the MP5 binary is that you can’t out run the trigger like you can with some of the simple AR15 designs, where you end up with the hammer down on a live round. The MP5 and a 5.56 AR15 have a very smooth, controllable recoil impulse, making binary useable and pleasurable. Some other guns like the Scorpion aren’t really controllable when doing mag dumps.
I’ve seen FRT’s in action from independent reviewers and they work as shown in Rare Breed’s videos.
But… If this decision is as I understand it, we’re gonna have an opportunity to roll back many anti-gun laws in a majority of (if not all) states. That, or CW2 kicks off. I hope I’m wrong about the latter, but I’ve been right more than not.
Yup. Now that Roe V Wade and Casey have been tossed the “fireworks” are sure to start. I was actually hoping that the ruling would negate all infringements but I’m happy with the result.
It’s going to be expensive to fight each and every restriction but it does open up challenges for new laws being passed (injunctions maybe) and when they are resolved that “should” remove that avenue from the grabbers. Constitutional law is going to be a vastly different class in a decade compared to when I needed to take it.
Expensive, perhaps, but now I’m more confident that any funds I choose to donate to pro-gun groups will be successful in overturning bad laws.
CRPA (California Rifle and Pistol Association) might now get some more $$ from me, after a two-year hiatus due to the Haz household tightening the budget in 2020 when the Shanghai Shivers lockdowns were in force.
We tended to split betweent NYSRPA and groups fighting mandates/lockdowns/other power grabs but we did ok with promotions pre lockdown. At this point the larger groups including NRA ILA is starting to make sense for bigger picture stuff.
West Virginia v. EPA (opinion due next week) could throw a further wrench into the other extra-constitutional legislating by the ATF in relation to pistol braces and 80% parts as well as the bump stock issue.
NYSRPA and WV together should shut down these buffalo chips.
It’s a shame bump stock contraptions were thrown under the bus. However failure to do so would have chanced losing the far superior Binary Triggers or even aftermarket target triggers, etc. Nonetheless politically inept Gun owning crybabies had a cow over bump stocks and joined the democRat Party witch hunt to get Trump. Well the crybabies got Trump and in doing so helped to give America Jim Crow Gun Control kkk nazi joe…idiots.
You are too funny, nothing was at stake. Trump hates guns, get over it. In all likelihood we will probably see a complete semi auto ban over all of this. As now anything readily convertible is a machine gun.
“Trump hates guns, get over it.”
That may be, but the 3 Associate Justices Trump nominated and had shepherded through the Senate confirmation hearings by Mitch M. paid off big-time yesterday.
Semi-autos are literally among the most common type of long guns, so a blanket ban by the Leftist Scum ™ is indefensible.
We keep semi-autos whether or not the Leftist Scum ™ like it…
Just because semi-autos are ‘most’ common does NOT mean they are right any more than five billion people believing in god makes god a fact either or ‘virgin birth’ a reality.
Nobody need for any practical purpose anything more than a SINGLE five shot bolt action rifle, and certainly NOT for a compentent HUNTER, of a suitable calibre though I might make an exception for .22 Long Rimfire . Nobody actually NEED’S, as opposed to just childishly wanting or lusting after, anything other than a SINGLE reliable 9mm or .38 handgun for any conceivable ‘self defence’ situation aand nobody needs anything more tha 25 rounds of suitable immediate use ammunition for either.
Putting those kins of limits on gun ownwership and seriously toughening up of licensing conditions does not in my opinion go against the relevant paragraphs or intent of the American Constitution. THe intent of the Constitution was for defence against percieved enemies of then State. NOT for the interests of Self Defence.
Most nations, includingb the UK by the way have the legal means of arming it’s population in the form of DISCPLINED and TRAINED MILITIAS in extremis. In the UK it was during WW2 the ‘HOME GUARD’ of over 1.5 million men at peak
Albert, please just continue to listen to the Beatles and Phantom. I do not trust 9mm to stop a threat. I rely on a .40 S&S, .45ACP, or 10mm. I enjoy competition shooting, something that is not allowed in your country. I am not lusting after guns. Women yes, guns no. A lot of us in this country enjoy the sport of shooting, whether it be plinking, target shooting, competition shooting, hunting, or whatever else. No one gun can do all that. And I enjoy shooting different weapons in different calibers. We the People of this great nation have that right and we like to exercise it. And as I stated before, we have a right to self defense here. You do not have that right in the UK anymore.
Bertie Old Chap, guns aren’t for hunting or target shooting, they are for keeping Democracy safe. The Second Amendment doesn’t have the word “hunting” anywhere in it. It does speak of the people needing firearms to maintain a free state. Target shooting does, indeed, fall under the category of “well-regulated” which means drilled in armed forces tactics, not overloaded with a bunch of regulations which some ignoramuses seem to think. And while target shooting, it is necessary to use the firearms that one would be using as part of a well-regulated militia to resist tyranny.
Take notice of the fact that the U.S. Marine Corps uses service rifles and pistols for their yearly qualification firing. They do not use.22s or bolt action rifles, at least not since WWII. By the way, the Brits aren’t using the .303 SMLE these days either. They haven’t used them for over 50 years. Time to catch up with current events, Bertie. You are sadly out of step. Fall In! Left Turn! At a Quick Step, March!
Your left, right, left, right — get in step Put Bertie.
No trump doesn’t hate guns and he don’t own one either. But he does have children to do love guns. He also has private armed guards. And the “gun lovers”, his Supreme Court appointments, would never have been made under Obama.
But don’t worry you’ll get your drugs made legal by the Democrats. And you will get them for “free” from the democrats. Your dreams will come true soon.
Trump had an ultra-rare NYCH specific carry permit for decades. Him, Trump Jr and Michael Cohen paid significant bribes for them to the NYPD brass.
the numbers say no…not without a large expansion of ATF…they can barely handle the load now…
Not holding my breath on bumpstocks. With the freaking price of ammo anyway!
There is still a lot of wiggle room for anti gun judges because they’ll just say it’s analogous to something dangerous and unusual in the past. However, that logic will be quite tortured and if you get most of our current infringements before a halfway honest court they’ll be struck down. Not sure how many honest courts there are though.
True, it’s about a 75% win. Socialists are inherently weasels and will find some absurd justification for continued/further violations.
In the end I don’t believe the rule of law will solve that. Socialism/Communism always ends the same way= lots of corpses.
Either theirs or ours.
it got used in a mass shooting…that made it a target for a ban…but without action by congress it could get reversed…we’ll see…
Remember now, who do you trust to tell you the truth about whether a bump stock was used in Vegas or not.
I do hope I’m still alive to see the end of the National Firearms Act of of 1934. It was unconstitutional then, its unconstitutional now.
No…I’m not holding my breath. I’d say the odds are not good. But they just got a whole lot better
Nah, they’ll say they are dangerous and unusual because for them everything is. Ending the two prong test was good but insufficient.
“I do hope I’m still alive to see the end of the National Firearms Act of of 1934.”
The Hughes Amendment closing the select-fire registry is ripe for attack, as LKB explained yesterday.
I think an integrally-suppressed select-fire Ruger 10/22 would be the cat’s ass for making beer cans dance… 🙂
Geoff, a suppressed 10/22 is also hell on gators in your fish pond if you don’t want to alert the authorities about what you’re up to. Ask me how I know? Licensed gator trappers are an option. They genarally don’t charge anything, but they want to keep the meat and hide. You ever ate fried gator tail?
Had gator meat once in DFW. Flavor was fine but a bit greasy and chewy for my taste.
Good for rogue coons at the bird feeders around 11 PM too. Got another one sneaking around, but haven’t had the right opportunity yet.
Gator tail is yummy, but then I’m unusually susceptible to the siren call of critter meat. Ever had cuy? Called guinea pig at the Petsmart, but called high cuisine where my wife hails from, and rivals squirrel baked in mushroom gravy.
dred, like most who had a bad experience with any wild game, it most often goes back to the processing from the time of the kill and then the preparation. Properly fried gator tail, (your fish, too) in fresh peanut oil, always peanut oil, is a light, medium texture meat. I’ll allow that the large wild ones, 8 ft+, can get a bit gamey no matter what you do.
“You ever ate fried gator tail?”
Yep, a bit chewy, but I liked it.
Years back, I heard a racket in my back yard. My next-door neighbor was butchering a 10+foot gator that he *cough* “found on the side of the road”, *cough*.
He gave me a ziplock with a few ounces of tail in it. Fried it in my cast-iron skillet with some Cajun spices of some sort.
Not bad… 🙂
I had a neighbor who was a real Everglades guy, and an avid lifelong poacher. His advice, which I will never forget-if you’re going to poach a gator, don’t be stupid and just chop the tail. Two reasons; 1) you’re gonna hang just as high for a tail as for an entire gator, so don’t waste the meat and hide. B) The best cuts are what he called “backstrap”, either side of the spine, behind the shoulders. Much more tender and tastes a little better than the tail. He was pretty passionate about it.
Hey, Bream Jim, have a good one, wherever you are.
Yes, the repeal of the NFA would be a good thing.
Might I suggest another way to abolish the NFA?
A ten-year prison sentence and a $10,000 fine would seem to be “excessive” and “cruel and unusual punishment” for failure to pay a “tax”. Cruel and unusual punishment (for failure to pay a $200 tax) and the requirement to seek federal permission to exercise a constitutional right is unconstitutional on its face.
NRA, GOA, what say you?
republicans are gun control lite…as recent actions have proven…
I LOVE MY BINARY TRIGGER WHICH IS CHEAPER TO BUY FROM BROWNELLS THAN FRANKLIN.. BUMP STOCKS SUCK AS THEY SHAKE SO MUCH THAT THE GUN IS INACCURATE. BUMP STOCKS IMMITATES A MACHINE GUN’S RATE OF FIRE BUT IT IS INACCURATE FOR TARGET SHOOTING. TRUMP JUST WENT ALONG WITH THE FACT THAT THE NUT THAT USED A BUMP STOCK AND SHOT DOWN FROM A BUILDING INTO A CROWD AND COULD OF DONE JUST AS MUCH DAMAGE WITH ANY SEMIAUTO RIFLE.AMAZING THAT THERE ARE AT LEAST 10 STATES THAT DONT ALLOW THE BINARY TRIGGER ESPECIALLY FLORIDA WHICH ALLOWS CLASS 3 FULL AUTO REGISTERED ITEMS
After the mass slaughter at Los Vegas with bump stocks the courts will eventually uphold the ban them.
Three years ago, the deadliest mass shooting in modern American history claimed 58 innocent lives, with an additional victim dying two years after the attack
(CNN)A judge approved a $800 million settlement on Wednesday for victims of the Las Vegas mass shooting, which is considered the deadliest mass shooting in modern US history.
60 died and 700 were wounded in the attack.
How would you know bump stocks were used ? The FBI never permitted independant review or access to the “evidence.”. All we were shown were FBI photos.
As we all know the FBI is a highly trusted agency, on par with the ATF and their Daddy the DOJ.
When I saw a news broadcast about the shooting there was rapid fire in the background from the shooter. Several around me blurted out ‘hes got a machine gun’. I told them they were wrong because the cadence was not correct.
JB… That whole “investigation” stinks to high heaven!!!
“But because those lower courts have been applying the now decisively discredited standard to cases challenging gun control laws for the last 14 years, every one of those decisions is now fair game again.”
Indeed. Implementation of Bruen, across the nation, will be accomplished one law suit at a time, including new defiance by the lower courts. Could take a generation to make Bruen unassailable (if then).
Might need to consider popcorn by the truck load.
I look forward to the courts and politicians ignoring this Supreme Court 2A ruling. And I’ve got a full stock of popcorn ready to go. The credibility of the court system will be dissolving before everyone’s eyes. The left and the right Can now come out in the open, and choose to follow the court only when they agree with it.
Whether it’s about guns or it’s about abortion. Or it’s about gay marriage. Oh yeah that subject will come up again too. And crossdressers in women’s bathrooms??? Oh yeah get the popcorn popping.
Historically in this country any Court rulings could and were regularly ignored. The courts have no enforcement mechanism.
Oh, bump stock. A novelty, but novelties have been legal forever. Not my cup of tea, but they shouldn’t be illegal.
If not for the forbidden fruit effect, they’d be a fad that would have quickly faded.
Since I live in Washington State, I will indeed be sitting back watching the fireworks. I so so want the state to have to eat that magazine ban in the worst way, even though it’s mostly meaningless to me as is most others as we’re well stocked up, I still want AG Bob Ferguson and our idiot Governor Inslee to back-peddle.
Same here in Colorado MLee. The governor, now Senator Lickshispooper (Hickenlooper) pushed the Dem owned Legislature for it and got it. It’s impossible to enforce per Law Enforcement, and only the Kremlin of Colorado (Denver) and its satellite communities attempt it. Our County Sheriff looks the other way.
Rural Coloradoans have no voice in our State’s government.
Like you, I’m gonna stock up on the popcorn. Best of Luck to you Sir.
Since .gov is eliminating emu full auto should be legal.
Bangittybangbangbangittybang bangbang bang.
All gone, cant buy no more.
Well, for one, Bruen implicitly overrules the Ninth Circuit Peruta case which held that there is no right to a CCW, which was then followed by Young v. Ohio, holding that there is no right to bear arms outside your home/own property. Young will be reversed and remanded as clearly contrary to Bruen, probably without opinion; Hawaii does not issue CCWs to “mere” civilians but will now be forced to do so. With a right to a “shall issue” permit to carry a firearm, Peruta’s denial of a right to a permit evaporates. Yes sports fans, “may issue” is dying in California, and all the crappy cases that went with it emanating from the Ninth Circus. Eat it Stanley Thomas!
Thinking that zero cases currently “in the pipeline” for appeals will be reversed in concert with the Bruen decision. Expecting those cases to be ruled upon as they naturally wood (violations of the Second Amendment), and queued for cert request before the SC. The lower courts have nothing to lose in persisting to declare gun control laws constitutional, and much to gain: the process delays final determination, the process is the punishment.
The bump stock is a low cost alternative to a real machine gun. Just as the Sten Gun was a low cost machine gun compared to a more expensive machine gun. And I want a low cost machine gun.
I trained with a machine gun when I was in the army. We never used a lot of ammunition during training either. You don’t need to. In order to use a machine gun properly.
recently sold my Sten…for a tidy sum compared to what it cost originally…but I already miss it
The only reason machine guns aren’t cheap is that the Hughes Amendment artificially restricted the supply. The difference between an AR-15 and M16 is a couple machining operations and 2 extra parts and 4 or 5 alternative parts. It’s a little more expensive to make, but not significant.
if they can argue that bump stocks should be legal then why should full auto be regulate so hard? I’d certainly be down with that argument winning in court. 😀 *starts playing the Cyberpunk 2077 OST*
the republicans were in power in ’86…when it comes to full-auto, they are not your friend…
democrat charlie rangle denied a recorded vote when the “nays ” were very loud . it was at midnite and the majoritywanted a recorded vote . THE DEMOCRAT IN CHARGE,RANGLE DENIED IT AND THE REPUBLICANS WERE POWERLESS. REAGAN WAS STARTING TO LOSE HIS FACILITIES DUE TO HIS DISEASE AND THE ANTIGUNNERS THRU THE CLASS 3 CROWD UNDER THE BUS
“The legal fireworks have just begun” might well be a most apt way of putting it.
Funny, Albert Lee turned “Replys” to his meandering logic erroneous comments off.
Mr. Lee, your “understanding” of the Constitution and Bill of Rights is flawed
First, the 2nd Amendment has nothing whatsoever to do with Hunting. The 2nd is an enumeration of a Right that is the core of American Exceptionalism, the Right To Defend Yourself, from the criminal element, a Tyrannical State, and a Tyrannical government, as well as any foreign invasion. The 2nd consists of two clauses. Two Separate Ideas linked by the subject, Arms (for references refer to the original proposed Amendments, and the Federalist Papers, specifically #29, authored by Hamilton). The first clause establishes the Militia. The second clause enumerates the Right all Americans have from birth to death. Neither the government or the states grant that Right, it’s innately ours. No other Constitution, Charter, Magna Carta or Codex recognizes or protects that Right of the people in this fashion (though Poland’s getting there).
Who is the Militia? We the People are the Militia. It’s not the National Guard or the US Military. It’s every citizen capable of bearing arms in defense of home, state and country per the writings of the Founders.. As Hamilton stated, the Militia should be appropriately and fully equipped to defend. You don’t defend your home, community, state or country with Flintlock Muskets. You defend it with similar weaponry to that which a potential enemy/Tyrant will use. The Left’s argument that the 2nd only applies to single shot Muskets, ignores the Puckle Gun and other attempts at repeating rifles of the time. Besides, using that logic would mean that the 1st Amendment only applies to written, printed and spoken Freedom of Speech as Radio, TV and Emedia didn’t exist either. The Right is not infringed by developing technology.
As for the English Home Guard in WW 2, who do you think armed them? It wasn’t the Crown, they didn’t have enough weapons available. A majority of those guns came from US Gun Owners who donated weapons to arm the Home Guard. Eventually, your production came up to speed, but right after Dunkirk, there wasn’t enough in the armories to replace all that was abandoned/lost by the BEF in the withdrawal.
Which after the war,The Crown promptly dumped all of those weapons in the ocean.
I have yet to see anywhere a dialogue about what Bruen means to a repeal of the Hughes Amendment.
I can reason that while Congress can regulate “dangerous and unusual” firearms like machineguns, they cannot ban them outright, given the militia needs of the 2A. But they can force the NFA Registry to be reopened to domestic manufacture.
Which would then open the NFA Registry to foreign-made MGs, since there is no substantial difference. All Class III would still have to be entered into the NFA Registry, but they could not be banned.
Destructive Devices would be subject to the same arguments and registration needs as well. Anyway, some thoughts to ponder, and I hope it inspires TTAG to consider it a topic for discussion.
the 68 guncontrol bil penned by senator dodd sr. was almost word for word taken from nazi gun control law of 1933 and 1938. he was a lawyer and the army wantede him to translate nazi laws into english to better convict at the neuremberg trail. he did not tell anyoneabout this 68 law was taken from nazi law. after it was discovered when it became us law everyone was going to correct the wrong tat was done but never did. we had a amesty period for regerstering machine guns and was supposed to have two more ammesty periods but never got them. this law forbade foreibg machine guns from ever being imported. the american companies started making copies of the receivers and registered them. thus the hughes amendment closed that legal loophole even though not one REGERSTERED MACHINE WAS EVER USED IN A CRIME. NJ NEVER ALLOWED LIVE MACHINEGUNS BUT STILL CONGRESSMAN HUGHES HAD HIS WAY.
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