Posted on 08/22/2024 11:51:57 AM PDT by PapaBear3625
MEMORANDUM AND ORDER
This matter is before the court on Defendant’s motion to dismiss based on Second Amendment grounds. (Doc. 26.) A response and a reply have been filed (Docs. 28, 29), and the court held a hearing to establish additional facts about the weapons charged. The motion is thus ripe for review. The court finds that the Second Amendment applies to the weapons charged because they are “bearable arms” within the original meaning of the amendment. The court further finds that the government has failed to establish that this nation’s history of gun regulation justifies the application of 18 U.S.C. § 922(o) to Defendant. The court therefore grants the motion to dismiss.
(Excerpt) Read more at ecf.ksd.uscourts.gov ...
Bump
ping
The meat of the decision:
Under the Second Amendment, “the right of the people to keep and bear Arms, shall not
be infringed.” U.S. Const. amend. II. “[T]he Second Amendment extends, prima facie, to all
instruments that constitute bearable arms, even those that were not in existence at the time of the
founding.” D.C. v. Heller, 554 U.S. 570, 582 (2008). To keep arms means, simply, to possess
arms. Id. at 583. If the plain text of the Second Amendment applies to a defendant’s conduct, the
government has the burden to show that the regulation is consistent with this nation’s historical
firearm regulation tradition. New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 17
(2022). This standard requires a “historical analogue” between the modern regulation and
historical regulations, not a “historical twin.” United States v. Rahimi, 144 S. Ct. 1889, 1902–03
(2024).
uh,oh, chongo.
This was decided yesterday. It does not apply as precedent nationwide, but I can see it being appealed to the Supreme Court (Or maybe not — the feds may not want to risk it)
Can you bear it?
I could bear having a Thompson Sub gun.
I need a machine gun. Gophers.
I can’t wait to get a Thompson :)
I know they make a semi-auto version here:
https://www.auto-ordnance.com/thompson-m1/
Unfortunately they don’t take drums with this version...hopefully they’ll update it :)
Back when the NFA was passed in 1934, Congress knew that it didn’t have the power under the Constitution to ban anything. (What a quaint, old-fashioned idea!) So it used its power to tax.
Want a machine gun, short-barreled rifle or silencer? Fine! Just buy a $200 tax stamp from the IRS (that would be $4700 in today’s money). Oh, and we reserve the right to kill you for not paying the tax.
If SCOTUS were to rule that the NFA (and the Gun Control Act of 1968) is unconstitutional, the libs and the dems would go crazy.
I want select fire on at least one of my AR-15’s
Yup. I’ll tell my friends I’m “pro-choice”. Semi or full?
About 25 grand a pop last I checked.
What ever arms a US infantry soldier is issued is the same arms the unorganized should have The second amendment ain’t about deer hunting.
Btt
unorganized militia...
But, not if they could be manufactured again.
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