Posted on 12/26/2015 5:07:18 AM PST by TangoLimaSierra
Just as Barack Obama is plotting to create more limits on firearms, ammunition and the like during his final year in the Oval Office, there are court arguments developing that the longstanding federal ban on machine guns is, in fact, unconstitutional.
One of Obama’s plans when he moved into the White House some seven years ago was to deprive more Americans of access to guns. Under his watch, various federal bureaucracies have been doing that, such as the Veterans Administration’s move to arbitrarily classify returning veterans as incompetent and then warn them they were being put on the federal list of individuals banned from owning guns.
Readers told the Los Angeles Times recently about their concerns over Obama’s decision to go, or not go “off-script,†meaning outside the constitutional channels for legislation, and “use his executive authority to implement what he wants to do on gun control.â€
One said, “Just do something. We are losing to (sic) many people to gun violence.â€
Another said, “Obama is frustrated that he can’t dictate the law on guns, and he ought to know that doing otherwise is unconstitutional. The question is, does he care?â€
But there now is a challenge that potentially could push the precedent for gun ownership in the nation a huge leap the other direction.
(Excerpt) Read more at wnd.com ...
The result?
“Under Heller, all bearable arms (like the M-16) are ‘prima facie’ protected,†the brief said.
The restrictions s are clearly unconstitutional. The SCOTUS will NEVER hand down such a ruling.
You simply cannot find 5 members of SCOTUS that rule based on the Constitution.
We should be allowed at least as much firepower as the bad guys.
One always hopes the courts would up hold the constitution but their past history does not reflect this.
I am not holding my breath for a solid 2nd amendment ruling.
A military coop is looking more and more like our only hope of saving this Republic from the oligarchs.
What they call the McClure-Volkmer legislation is officially (ironically) known as the Firearm Owners Protection Act (FOPA) of 1986.
https://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act
https://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act#Ban_on_machine_guns
If the SCOTUS does lift the ban, or not, if the next president is conservative, there is a strong need for a major reformation of the BATF&E. In addition, the 100+ federal police agencies need major consolidation and restructuring, and non-police agencies need to have their “pseudo-police” powers, weapons, equipment and personnel stripped from them.
And the Court, even as far back as U.S. v. Miller (1939), indicated that weapons which are “ordinary military equipment” (like the M16) are protected.
The Miller case was about two bank robbery who had a sawed off shotgun. They were on the run when SCOTUS heard the case,so no one was there to argue that sawed off shotguns were ‘military equipment’ weapons. The Solicitor General, of course, argued against them and won. Thank robbers aside,few would argue that sawed off shotguns would have an ordinary military equipment use.
Fixed it -- no charge. :-)
‘Thank robbers’ I hate auto correct
The ban on silencers is even more retarded. Hunting season sounds like WWIII around here. In a sane world a hunter in the next hollow over wouldn’t be spooking the deer in your hollow and vis versa.
>> A military coop is looking more and more like our only hope of saving this Republic from the oligarchs.
We don’t want a military coup. The ruling junta WILL FOR SURE try to take away your guns.
Walking point through thick vegetation or a building with narrow passageways.
“We should be allowed at least as much firepower as the bad guys.”
Col. Moultrie loaned his personal cannons, stored in his barn, to the 1st and 2nd South Carolina battalions in the defense of Charleston Harbor against the British fleet in 1776.
Boom! Boom!
Or the cops.
Define “bad guys”.
L
the longstanding federal ban on machine guns is, in fact, unconstitutional.
In fact it is, as the 1934 does, and the 1968 and 1986 gun laws that further denied second amendment rights to law abiding American Citizens.
We DO NOT want a military coup in this country.
The last thing any Constitution loving individual would desire.
Looking forward to America once again being more liberal (in regards to firearms) than Switzerland.
Is a military coop similar to a chicken coop?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.