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reflections on US v Morgan (machinegun ban unconstitutional?)


Uncle Zeek

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https://storage.courtlistener.com/recap/gov.uscourts.ksd.146873/gov.uscourts.ksd.146873.35.0.pdf

I posted on a different thread a little while ago that I think our appellate courts will eventually find that most machinegun regulations are constitutional.   But, after reading this opinion carefully, I also believe that this case will ultimately result in the overturn of 922(o).  Might not happen anytime soon - maybe next year, maybe 10 or 20 years from now.   But someone at DOJ is going to appeal or challenge this ruling at some point and get it kicked up to SCOTUS.  Even with the conservative majority it has, the Court will surely find that all the other NFA rules for machineguns (tax stamp, registration, etc) are still constitutional.

Unfortunately, the judge in this case was only ruling whether 922(o) applied to this particular defendant.  But it's a good start that the analysis says that the government failed to show that 922(o) is lawful.

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922(o) will be repealed in my life time. 100% I believe my future children and grandchildren will be able to go into the workshop and make anything they want fullauto. I believe the NFA will be a thing with registration still be a thing.

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5 hours ago, Thumpy said:

922(o) will be repealed in my life time. 100% I believe my future children and grandchildren will be able to go into the workshop and make anything they want fullauto. I believe the NFA will be a thing with registration still be a thing.

The BANGERS already do. Pre-teens with their Glock switches and yet the ATF was going door to door for FRTs. I see parts of the law repealed but I alsoo believe nobody will touch the political kryptonite. There may be an amnesty but the registry stays closed.

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