Videos tagged with Post-1986 Machine Guns

This video breaks down a significant federal lawsuit filed by the Temple Gun Club challenging the Hughes Amendment (18 USC 922), which prohibits ordinary Americans from possessing post-1986 machine guns. The lawsuit argues that Congress lacked Article 1 authority under the Constitution to enact this ban, particularly concerning the Commerce Clause. It also explores potential challenges related to the standing doctrine, drawing parallels to the landmark Heller case.

This video details the legislative battle over West Virginia Senate Bill 1071, which aimed to allow residents to purchase post-1986 machine guns by leveraging a federal loophole in the Hughes Amendment. The bill was halted by Senate President Randy Smith, who cited concerns about its legal viability and potential harm to Second Amendment rights if it failed in court. The discussion highlights a division within the gun rights movement regarding aggressive legislative challenges versus cautious, politically viable approaches to dismantling federal gun control.

This video breaks down a proposed West Virginia bill that would permit the state to sell fully automatic machine guns manufactured after 1986 to citizens. It explains how this is legally compliant with the Hughes Amendment (18 U.S.C. § 922(o)) by leveraging the carve-out for state governments and their agencies. The host, Mark Smith, a constitutional attorney, details the statutory language and relevant legal interpretations from the DOJ to support this claim, highlighting that the definition of 'person' under NFA regulations excludes government entities.