[PubliusMM]

From the article:

Hamblen disagrees with the Sixth Circuit’s interpretation of the Second Amendment’s guarantee of the right to keep and bear arms. “There are no qualifiers on the Second Amendment,” Hamblen told the author. “There are qualifiers on the Fourth Amendment, so if the Founders had intended to restrict the right to keep and bear arms they knew how to do it,” he continued.

So, his position is there are no qualifiers on the Second Amendment and then attempts to defend his actions with the use of a qualifier? Sounds shaky to me. But, I’ll defer to the fine legal minds here on FR.

Personally, I hope he wins and wins BIG.

It’s still time to take back the country.

[cbkaty]

I agree... Saturday I stood at the American Shooting Range in Katy, Texas....The range was packed, maybe several hundred well disciplined shooters.

The thought occured to me that any one of these people could turn and begin shooting people at random...but that doesn't happen. Why? Because everyone is armed....and responsible firearms owners do not abuse the RKBA of any type....flintlock, cap&ball, single shot, semi auto or fully auto.

[Old Teufel Hunden]

"So, his position is there are no qualifiers on the Second Amendment and then attempts to defend his actions with the use of a qualifier?"

If I may interpret for him, I believe what Mr. Hamblen is saying is that there is a qualifier on the 4th amendment: (that people are secure in their homes from unreasonable searches and seizures except when the government gets a warrant). If they wanted a qualifier on the 2nd amendment, the founders would have put one, but they did not so the right to keep and bear arms is unlimited. It's not to keep and bear arms unless they are machine guns.

They can't use the argument that there were no machine guns during the founders days, because in fact there were. Joseph Belton had invented a rifle that could fire up to 20 rounds in 5 minutes. The Continental Congress was going to buy some of these guns, but the price proved too high. The founders were familiar with the infancy of the machine gun.

[Old Teufel Hunden]

whoops, mispoke. The Belton gun was able to fire up to 20 rounds in five seconds, not five minutes...

[Still Thinking]

So, his position is there are no qualifiers on the Second Amendment and then attempts to defend his actions with the use of a qualifier?

Not really following your meaning here. Elaborate?

[Cboldt]

I’ve corresponded with Hamblen, and read his appellate brief. One of his arguments is that SCOTUS, in Heller, incorrectly restated the Miller decision. I doubt it’s a winning argument, but it is absolutely correct.

[Nebr FAL owner]

The guy is in trouble for the “UNAUTHORIZED” conversion & possesion of automatic weapons alledgedly for use by the national guard. The unauthorized part is his downfall ie improper documentation with regards to taxes being paid & no documentation with regards to chain of custody .
Nothing in the service with regards to weapons custody/maintenance/modification happens without lots of paperwork.