The FOPA states:
It's not. only transfer and possession of MGs manufactured after the law went into effect.
Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to--
(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection [Page 670] takes effect."
Thus the law prohibits "keeping" of a class of arms. As well as the transfer of them. The latter would be commerce, in most cases, and often interstate commerce. But possession is not commerce and banning it is direct violation of the second amendment. Of course without the ability to transfer newly manufactured machine guns, it's hard to argue that the right to "keep" them is not thereby "infringed".
But then again the Supreme Court has not ruled on the FOPA machine gun ban, although lower courts have done so. At least one federal court struck down the law, on the basis of a lack of Congressional power to pass it once the Tax aspect was removed, while, IIRC, higher level ones upheld it.
Roger, that.
I can't afford FOBA or ANY sort of ANY sort of that.
I'm just going to have to deal with mushing a 688-I forward as fast as its fanney CAN be mushed.