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This Court Case Could Blow a Grand Canyon-Sized Hole Through Federal Gun Laws
Townhall ^ | May 10, 2025 | Jeff Charles

Posted on 05/11/2025 11:39:51 AM PDT by george76

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1 posted on 05/11/2025 11:39:51 AM PDT by george76
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To: george76

This will spice up deer season.


2 posted on 05/11/2025 11:41:45 AM PDT by billorites (freepo ergo sum)
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To: george76

Once again people ignore history, there is an analog.It was called and is called the gatling gun


3 posted on 05/11/2025 11:45:33 AM PDT by Skwor
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To: george76

Short answer: Yes!

Long answer: YES!

Definer-——infringe!


4 posted on 05/11/2025 11:46:27 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this💩? 🚫💉! 🇮🇱👍!)
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To: george76
...claimed the Second Amendment “does not include the right to go on the offensive and to wage war with military weapons.”

That is exactly what it does.

5 posted on 05/11/2025 11:46:31 AM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: george76

If our employees can have automatic weapons, we can too. They’re not special. Another way to look at this is we adult citizens get what it takes to perform the missions specified in the Constitution under Article I, Section 8, Clause 15.


6 posted on 05/11/2025 11:53:00 AM PDT by RKV (He who has the guns makes the rules)
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To: george76

We should be able to own, without restriction, the same weapons that criminals have.


7 posted on 05/11/2025 11:54:31 AM PDT by TangoLimaSierra (⭐⭐To the Left, The Truth is Right Wing Violence⭐⭐)
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To: george76

I believe owning auto-fire weapons should be our right, but it will never make it through the courts. This matter will be DOA at the Supreme Court. Sorry.


8 posted on 05/11/2025 11:58:00 AM PDT by rexthecat
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To: Skwor

I believe the Gatling Gun is still legal.

I don’t know if that includes the 30 millimeter Gatling Gun in the nose of the A-10 Warthog. 3,900 rounds per minute is “usual and customary.” The only practical problem is your pick-up truck bed would have to be loaded full with ammunition belts to feed the weapon.

With the 30 mm Gatling Gun mounted on your Ford F-150, you can PARK ANYWHERE YOU WANT TO and you will ALWAYS have the right of way over other traffic.


9 posted on 05/11/2025 12:01:32 PM PDT by Gnome1949
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To: george76

Gun rights. How long would it take me to get a carry permit in NYState…if I even could do it starting tomorrow? Gun rights. Right.


10 posted on 05/11/2025 12:03:10 PM PDT by TalBlack (Their god is government. Prepare for a religious war.)
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To: TalBlack

It took Carl Higby a Newsmax broadcaster 10 years to get a conceal permit from NY and he is a retired Navy Seal!!!


11 posted on 05/11/2025 12:06:52 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Skwor

Crew-served, not carried by an individual.


12 posted on 05/11/2025 12:10:24 PM PDT by imardmd1 (To learn is to live; the joy of living: to teach. Fiat Lux!)
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To: billorites

Full auto fire is not uncommon in my neighborhood.


13 posted on 05/11/2025 12:16:07 PM PDT by Noumenon (You can evade reality, but you cannot evade the consequences of evading reality. KTF)
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To: Gnome1949
“I don't know if that includes the 30 millimeter Gatling Gun in the nose of the A-10 Warthog.”

The hand-cranked Gatling Gun is legal today; one shot per trigger pull.

Gatling Guns with electric motors are prohibited to the kind of people who work for a living and pay taxes.

(I think there are a dozen or so G.E.-type mini-guns in the federal register that can be transferred on a Form 4 to private individuals. Pretty pricey though.)

14 posted on 05/11/2025 12:22:21 PM PDT by jeffersondem
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To: george76

Hoping to see aeeeeeteeeeeff sent to the border to do some constructive work like the fence


15 posted on 05/11/2025 12:34:46 PM PDT by faithhopecharity ("Politicians aren't born, they're excreted." Marcus Tullius Cicero (106 to 43 BCE))
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To: george76

The Bruen standard says that if a class of firearms is not both dangerous AND unusual, it cannot be banned. If you go back to the Supreme Court decision in Caetano (2017?), it was ruled that the existence of some 200,000 stunguns nationally precluded them from being “unusual.“ Well, there are something like 175,000 full autos listed in the NFA registry, which does not include all of the “dealer samples“ that have been made since May 19, 1986. A very serious argument could be made that the Hughes amendment, codified as Title 42 Section 922(o), which forbid the treasury department from issuing any tax stamps for full autos manufactured after May 19, 1986, is the proximate cause of their not being significantly more than 200,000 full autos in the NFA registry. Simple math demonstrates this: if you just take an arithmetic average (which actually hurts our side, but let’s put that aside until later), 175,000 full autos registered over the 52 years between 1934 and 1986 equates to 3,365 full autos registered per year. If that same average held up from 1986 through 2023 (the year that the “crime” in this case occurred), there would have been 124,505 more full autos, for a total of almost exactly 300,000 - roughly 50% higher than the Caetano threshold for “unusual “ to apply.

As for why a simple arithmetic average hurts our side, there are a multitude of reasons why this is so. First, the population of the country was a lot lower on average from 1934 through 1986 van it was from 1986 through 2023. More people means more people wanting to purchase full auto firearms. Second, the first several years during which the NFA was in effect were in the middle of the great depression, and the next several years after that this country was in the middle of World War II. During the depression, many fewer people would have had the means with which two purchase any firearm, let alone a full auto one, and during World War II there were very few sales of firearms to civilians, because virtually 100% of the production Went to the military. That is most certainly the case with regard to full auto firearms. Third, the $200 tax stamp was a significantly higher barrier to entry in the earlier. Then it was since 1986. This is due to inflation. A fourth factor, which is more cultural than anything else is that there have been a whole lot more movies and TV shows, as well as video games featuring full auto firearms. The appearance of full auto firearms far more frequently in popular entertainment undoubtedly would have led to additional purchases over and above those that would naturally have occurred because of increases in population, changed economic circumstances, and increased purchasing power. Us, a case for many more Fallowes that would have been in Public hands in 2023 can certainly be made. There is simply no way that any court can, with a straight face, make a ruling that fall out of firearms are unusual and, as a result, they should be protected arms under the Second Amendment.

This guy should win his case… but I am not sure that it should go up to the Supreme Court just yet. I hope that if this guy wins, that the feds decide not to appeal it to the Supreme Court. We need to get a few more Second Amendment wins under our belts, most importantly, one on semi auto firearms, and we probably need to get rid of one of the three kooky liberal women on the Supreme Court and replace them with someone who actually respect the words of the constitution. That will be the time to bring such a case before the Supreme Court.


16 posted on 05/11/2025 12:36:21 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." The Weapons Shops of Isher)
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To: Skwor

There was also something known as the Puckle Gun that was a very early Gatling gun built in the 18th century. The founding fathers absolutely did know about such a firearm, and there was federal law, andno law in any state or locality against possessing any such firearm. So, no such analog law, that means that the only way that such firearms could possibly be banned is if they were both dangerous AND unusual (and they could not possibly be considered unusual, please see my comment number 16).


17 posted on 05/11/2025 12:39:17 PM PDT by Ancesthntr ("The right to buy weapons is the right to be free." The Weapons Shops of Isher)
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To: Skwor

Yup and they are still in use in modern forms. The A10s main gun. The CIWS systems on ships.


18 posted on 05/11/2025 12:40:11 PM PDT by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: Ancesthntr

There are four kooky women on the Supreme Court.


19 posted on 05/11/2025 12:40:27 PM PDT by Luke21
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To: george76

“… meaning that if a regulation does not have a similarity with other gun laws passed earlier in American history…”

I can’t wait until the “Phased plasma rifle in the 40-watt range” comes out.


20 posted on 05/11/2025 12:41:39 PM PDT by VanShuyten ("...that all the donkeys were dead. I know nothing as to the fate of the less valuable anima)
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