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Federal machine-gun ban under legal challenge
www.wnd.com ^ | 12/23/15 | Bob Unruh

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.”

One said, “Just do something. We are losing to (sic) many people to gun violence.”

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?”

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 ...


TOPICS: News/Current Events
KEYWORDS: ban; banglist; guns; machineguns
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In fact, the Supreme Court in Heller said, “We do not undertake an exhaustive historial analysis today of the full scope of the Second Amendment.”

The result?

“Under Heller, all bearable arms (like the M-16) are ‘prima facie’ protected,” the brief said.

1 posted on 12/26/2015 5:07:18 AM PST by TangoLimaSierra
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To: TangoLimaSierra

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.


2 posted on 12/26/2015 5:15:50 AM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: TangoLimaSierra

We should be allowed at least as much firepower as the bad guys.


3 posted on 12/26/2015 5:18:25 AM PST by NonValueAdded (In a Time of Universal Deceit, Telling the Truth Is a Revolutionary Act)
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To: SampleMan

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.


4 posted on 12/26/2015 5:21:56 AM PST by riverrunner
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To: SampleMan
It's not an infringement, it's a restriction or prohibition.

A military coop is looking more and more like our only hope of saving this Republic from the oligarchs.

5 posted on 12/26/2015 5:22:18 AM PST by rawcatslyentist (Genesis 1:29 And God said, Behold, I have given you every herb bearing seed,)
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To: TangoLimaSierra

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.


6 posted on 12/26/2015 5:23:20 AM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: TangoLimaSierra

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.


7 posted on 12/26/2015 5:26:06 AM PST by Sasparilla
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To: NonValueAdded
We should be allowed at least as much firepower as the bad guys police.

Fixed it -- no charge. :-)

8 posted on 12/26/2015 5:26:07 AM PST by Nervous Tick (There is no "allah" but satan, and mohammed was his demon-possessed tool.)
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To: Sasparilla

‘Thank robbers’ I hate auto correct


9 posted on 12/26/2015 5:27:43 AM PST by Sasparilla
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To: TangoLimaSierra

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.


10 posted on 12/26/2015 5:28:11 AM PST by Sirius Lee (Cruz or Lose 2016)
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To: rawcatslyentist

>> 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.


11 posted on 12/26/2015 5:28:52 AM PST by Nervous Tick (There is no "allah" but satan, and mohammed was his demon-possessed tool.)
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To: Sasparilla
Thank robbers aside,few would argue that sawed off shotguns would have an ordinary military equipment use.

Walking point through thick vegetation or a building with narrow passageways.

12 posted on 12/26/2015 5:34:49 AM PST by facedown (Armed in the Heartland)
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To: NonValueAdded

“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!


13 posted on 12/26/2015 5:35:55 AM PST by sergeantdave ( If not you, who? If not now, when?)
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To: NonValueAdded
We should be allowed at least as much firepower as the bad guys.

Or the cops.

14 posted on 12/26/2015 5:37:35 AM PST by TangoLimaSierra (To win the country back, we need to be as mean as the libs say we are. Go Ted.)
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To: NonValueAdded

Define “bad guys”.

L


15 posted on 12/26/2015 5:39:29 AM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: TangoLimaSierra

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.


16 posted on 12/26/2015 5:39:54 AM PST by wita
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To: rawcatslyentist

We DO NOT want a military coup in this country.


17 posted on 12/26/2015 5:41:52 AM PST by ripnbang ("An armed man is a citizen, an unarmed man a subject")
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To: ripnbang

The last thing any Constitution loving individual would desire.


18 posted on 12/26/2015 5:45:07 AM PST by wita
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To: TangoLimaSierra

Looking forward to America once again being more liberal (in regards to firearms) than Switzerland.


19 posted on 12/26/2015 5:45:32 AM PST by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; We need a second party!)
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To: rawcatslyentist

Is a military coop similar to a chicken coop?


20 posted on 12/26/2015 5:45:58 AM PST by Jack Hydrazine (Pubbies = national collectivists; Dems = international collectivists; We need a second party!)
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