Tag: machineguns

Shall Not Be Infringed UNLESS…

The Morgan case is a case where a federal judge in Kansas found that machine gun possession charges are unconstitutional in violation of the Second Amendment as it applied to this individual Mr Morgan. This Kansas Morgan decision is now being contested by the Trump administration in the 10th Circuit Court of Appeals. In fact, the Trump DOJ just argued to the 10th Circuit that the decision down below should be reversed. They argue that machine guns are not in common use for lawful purposes in today’s society and that they are dangerous and unusual items and as dangerous and unusual items they can be restricted by the federal government essentially however they want. [Watch]

I hate to say I told you so.

The “trap” is “common use.

And “pro-gun” lawyers — the ones coming up with all kinds of apologetic rationales for administration betrayals, helped set it.

Will Present Legal Arguments Undermine Future Efforts to Restore Second Amendment?

It’s taking care of our immediate needs. However, the Founders bequeathed us a constitution intended “to secure the Blessings of Liberty to ourselves and our Posterity.” If this is all we concern ourselves with, what are we bequeathing to them? Semiautomatic firearm technology that’s already 140 years old…? In a world where technological developments and breakthroughs are being introduced seemingly exponentially, what new “terrible implements” will become standard issue in the next 140 years? [More]

In avoiding legal traps today, care must be taken not to catch ourselves in a more dangerous one tomorrow.

More Like a Slap Fight

Padilla and Kash Patel clash on gun ownership in America [Watch]

Did you see a clash?

I saw equivocation over easily answered questions.

No, prior restraints are not consitututional. It says “shall not be infringed.” Yes, every terrible implement of the soldier is the birthright of an American.

But if he answered plainly, he’d never get confirmed?

If so, it’s because Republicans have consistently over the years avoided using their bully pulpits to articulate the reasons for the Second Amendment, so to most people they come across as something that intuitively goes against everything they’ve been “told.”

As long as that’s the case– as long as 2A advocacy is marginalized and relegated to a niche segment outside of the mainstream– treasonous Democrats like Padilla will be able to manipulate with words like “extreme”.

That’s why I’m not letting up on Trump’s unfulfilled campaign rhetoric and what he could do to start turning things around. That’s why I’ll keep calling it out each day that goes by where he ignores us.

[Via Herschel]

Tangentially-Related UPDATE

He can be clear when he wants to be. [More]

[Via Michael G]

Stop Peeing in the Pool

Poisoning the Second Amendment Court Record [More]

Herschel observers that “arguing for semi-automatic firearms because they aren’t fully automatic firearms and thus not in military use is the wrong tactic.”

“But we have to do things in increments,” some will argue back.

He realizes that. It’s for when we get to the make-or-break increment we should be worried about.

It’s similar to fears I’ve expressed about how relying on “in common use at the time” is a trap.

Homiecoming King

An arrest has been made in connection with the deadly shooting at Tuskegee University in Alabama, which killed an 18-year-old and left at least 16 people injured early Sunday. Jaquez Myrick, 25, of Montgomery, was charged with being in possession of a machine gun, according to authorities, who said he was found leaving the scene of the shooting. [More]

Lemme guess: It’s not registered on the NFRTR…

[Via Jess]

ATF Prosecutes Sheriff Over Using Department Guns at Public Machine Gun Shoot

Police designating themselves the “Only Ones” to be trusted with arms and claiming exemptions to infringements the people are subjected to invites corruption, and seeing officials “hoist with their own petard” hardly invites sympathy…So, it’s not unfair to wonder what’s in it for gun owners to come to Wendt’s defense? [More]

The greater danger is ATF subjectively assigning itself powers and having the courts agree with it.

A Key Point

Auto Key Card Case Appeal Says by ATF Standards Any AR-15 Could Be Considered a Machinegun [More]

Yeah, that’s the goal.

It’s also why some of us were arguing from the outset if anyone thought the bump stock ban was just about a stupid piece of plastic being a hill not worth dying on (meaning not even lifting a finger and disparaging those who did), they were missing the point.

A Bearable Opinion

Let’s hope historical analogues don’t come back to bite us. Rather than digging up what some colony did to infringe in special circumstances or older English law, put the focus on arguments put forth during ratification. We know what the founders meant, and there was nothing ambuiguous about it.

Anybody else having trouble digging up info on the defendant and his Glock switches? I’m wondering if what’s gun owners may be celebrating as a victory is actually part of an effort to turn the public against Bruen.

[Via WiscoDave]

Their Fudd Guns and Every Other Popular Implement of the Sportsman are the Privilege of an American

We are losing machine guns, folks, and we’re losing them every single day, and they’re never coming back most likely. [Watch]

As long as lawyers representing us continue to treat “in common use” as what’s commercially permitted instead of what’s deployed with, he’s right.

[Via Jess]

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