Court Destroys Heller & Bruen To Uphold Hughes Amendment's Machinegun Ban

Published on September 4, 2025
Duration: 14:39

The 10th Circuit Court of Appeals upheld the federal ban on civilian machine gun possession under 18 USC 922(o) in United States v. Morgan. The court's reasoning focused on machine guns not being in common use for lawful self-defense, drawing on historical interpretations and the Heller decision's dicta regarding M16s. This ruling reinforces the distinction between commonly possessed firearms and those deemed dangerous and unusual, impacting future legal challenges to machine gun bans.

Quick Summary

The 10th Circuit Court of Appeals upheld the federal ban on civilian machine gun possession under 18 USC 922(o) in United States v. Morgan. The court ruled that machine guns are not in common use for lawful self-defense, drawing on historical context and the Heller decision's dicta, thus reinforcing the legality of the ban.

Chapters

  1. 00:00Introduction: Machine Gun Ban Upheld
  2. 00:14Guns & Gadgets Channel Intro
  3. 01:12Blackout Coffee Sponsor Segment
  4. 02:16Case Background: Tamori Morgan Incident
  5. 03:17Federal Laws Violated
  6. 03:41Government Charges Under 922(o)
  7. 03:55Morgan's Second Amendment Argument
  8. 04:05District Court Ruling
  9. 04:28DOJ Appeal to 10th Circuit
  10. 04:3710th Circuit Reverses Decision
  11. 04:58Flaw 1: 'Common Use' Test Misapplication
  12. 06:06Flaw 2: Heller & Bruen Interpretation
  13. 06:53Court on Civilian Self-Defense Needs
  14. 07:39Self-Defense Scenarios
  15. 07:47Machine Guns as Dangerous/Unusual
  16. 08:00The Cyclical Argument of Bans
  17. 08:13Registered Machine Gun Numbers
  18. 08:32Comparison: Caetano v. Massachusetts
  19. 09:3010th Circuit's Key Reasoning Points
  20. 09:34Heller Dicta on M16s
  21. 09:51Historical Machine Gun Use & Bans
  22. 10:07National Firearms Act of 1934
  23. 10:15Hughes Amendment (1986)
  24. 10:24Hughes Amendment Passage Controversy
  25. 11:07Congressional Intent: Keeping Guns from Criminals
  26. 11:15Implications for Gun Owners
  27. 11:32Court Shuts Down Common Possession Argument
  28. 11:46Advice for Machine Gun Owners
  29. 11:54Potential Supreme Court Review
  30. 12:02Other Circuit Court Cases
  31. 12:11Trend: Courts Upholding Bans
  32. 12:17Argument: 1986 Ban Created Scarcity
  33. 12:43Courts Sticking to Heller's Language
  34. 12:52Bottom Line: Machine Gun Ban Stands
  35. 13:03Divide: Common Use vs. Dangerous/Unusual
  36. 13:13Viewer Engagement: Should 2A Protect Machine Guns?
  37. 13:42Call to Action: Like, Subscribe, Share
  38. 14:14Guns & Gadgets Outro

Frequently Asked Questions

What was the outcome of the United States v. Morgan case regarding machine guns?

The 10th Circuit Court of Appeals upheld the federal ban on civilian possession of machine guns under 18 USC 922(o). This decision reversed a lower court ruling and reinstated the indictment against Tamori Morgan, who was found with a machine gun and a Glock switch.

How did the 10th Circuit interpret the Second Amendment in relation to machine guns?

The court determined that machine guns are not protected arms under the Second Amendment because they are not in common use for lawful self-defense. They relied on historical context and the Heller decision's dicta, which suggested such weapons could be banned.

What is the significance of the Hughes Amendment in the context of machine gun bans?

The Hughes Amendment, enacted in 1986, froze civilian ownership of newly manufactured machine guns. This legislation is a key factor in the current legal landscape and the argument that machine guns are not in common use, as their availability was restricted by this ban.

What legal tests did the court use to justify upholding the machine gun ban?

The court applied a 'common use' test, asserting that machine guns are not commonly used for lawful self-defense. They also referenced historical interpretations of machine guns as dangerous and unusual weapons and drew upon dicta from the Heller Supreme Court case.

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