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.
The NFA has to go as well. Along with the 1968 gun control act. They are clear infringements.
In addition to this, the 2nd amendment applies to the original Constitution "in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added" and therefore applies restriction to taxes 'infringing' the rights of keeping & bearing arms... AND to the commerce clause.
There might be argument that the 16th Amendment could be used to apply against weapons at the point-of-sale, but that has not been argued as the power/authority by which the right is regulated.