BREAKING NEWS: UNANIMOUS FEDERAL COURT DECISION ON MACHINE GUNS JUST OUT!

Published on September 3, 2025
Duration: 18:09

This video discusses the 10th Circuit Court of Appeals' decision in United States v. Morgan regarding machine gun bans and the Second Amendment. While the court ruled machine guns are not protected, the speaker criticizes the reasoning, particularly the misapplication of the 'in common use' test. The speaker emphasizes that this outcome, though favorable for now, is strategically beneficial as it avoids a potentially detrimental Supreme Court ruling on machine guns.

Quick Summary

The 10th Circuit Court of Appeals ruled machine guns are not protected by the Second Amendment in United States v. Morgan. The speaker criticizes the court's flawed application of the 'in common use' test, which incorrectly shifted the burden of proof to the defendant. This outcome, though procedurally flawed, is strategically favored to prevent a detrimental Supreme Court ruling on machine guns.

Chapters

  1. 00:00Breaking News: Machine Gun Ban Decision
  2. 00:21Introduction: Mark Smith, Host
  3. 00:3310th Circuit Ruling: United States v. Morgan
  4. 01:41Underlying Facts of the Case
  5. 02:21Seized Firearms: AM15 and Glock Switch
  6. 03:04Ideal vs. Problematic Plaintiffs
  7. 04:36Lessons from Raheem Case
  8. 05:37Avoiding Supreme Court Machine Gun Cases
  9. 05:56Critique of the 'In Common Use' Test Application
  10. 07:00Text vs. History in Second Amendment Analysis
  11. 08:27Bruen Step One and Burden of Proof
  12. 09:22Defining 'Common Use' for Lawful Purposes
  13. 10:02Conflating Use and Self-Defense
  14. 11:08Possession as an Act of Self-Defense
  15. 12:16Linguistic Exercise of Plain Text Analysis
  16. 13:10Interpreting Second Amendment Words Historically
  17. 14:00Machine Guns as 'Arms'
  18. 14:32Dangerous and Unusual Weapons Principle
  19. 15:1410th Circuit's Reasoning on Machine Guns
  20. 16:36Strategic Importance of Lower Court Rulings
  21. 16:52Lessons from Transgender Movement Cases
  22. 17:48Conclusion and Call to Action

Frequently Asked Questions

What was the 10th Circuit Court of Appeals' decision regarding machine guns and the Second Amendment?

The 10th Circuit Court of Appeals ruled in United States v. Morgan that machine guns are not protected under the Second Amendment. While the court's reasoning was criticized, the outcome was seen as strategically beneficial by the speaker to avoid a potentially negative Supreme Court precedent.

What is the 'in common use' test in Second Amendment law?

The 'in common use' test determines if a firearm is protected by the Second Amendment by assessing if it's commonly used by Americans for lawful purposes. This test should be applied historically, with the government bearing the burden of proof to show a weapon is not in common use.

Why is it strategically important to avoid machine gun cases going to the Supreme Court?

The speaker believes that a machine gun case reaching the Supreme Court would likely result in a loss, creating unfavorable precedent for Second Amendment rights. This would also delay progress on other critical cases, such as those concerning AR-15s and semi-automatic rifles.

How does the speaker define 'arm' in the context of the Second Amendment?

In the context of the Second Amendment, an 'arm' is defined as anything that can be used offensively or defensively. This historical definition, derived from dictionaries of the founding era, clearly includes machine guns.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from The Four Boxes Diner

View all →