This video discusses the Gun Owners of America's amicus brief filed in the case of US v. Brown, supporting the right to own machine guns. The brief argues that historical regulations on 'dangerous and unusual weapons' did not criminalize possession within the home, that machine guns are not inherently dangerous or unusual, and that the founders would have supported their ownership as a defense against tyranny.
Gun Owners of America filed an amicus brief in US v. Brown, supporting the right to own machine guns. Arguments include that homes have heightened protection, historical weapon laws didn't ban in-home possession, machine guns aren't inherently dangerous, and founders would have supported them against tyranny.
A federal court ruling by the 11th Circuit in United States v. Maxim Alsenat determined that machine guns are not protected by the Second Amendment. The court's reasoning, based on the 'common use for lawful purposes' standard established in Heller, could have broader implications for other firearm categories. The ruling emphasizes historical regulation and the classification of machine guns as dangerous and unusual weapons.
The US v. Peterson case challenges the NFA's suppressor restrictions, arguing it violates the Second Amendment. The Fifth Circuit upheld the NFA by likening it to a 'shall issue' licensing regime, a reasoning now being contested. The Supreme Court is considering the case, with amicus briefs filed urging review, and the DOJ has waived its right to respond, creating procedural uncertainty.
The Supreme Court denied review in US v. Peterson, a case challenging the National Firearms Act (NFA) as applied to suppressors. The Fifth Circuit's ruling, which upheld the NFA by likening it to a 'shall issue' licensing scheme, now stands as precedent in that circuit. This decision has significant implications for future Second Amendment challenges to firearms regulations, potentially allowing broader government control over protected arms under the guise of objective licensing.
The Department of Justice (DOJ) and ATF are reportedly revisiting and revising the 'frames and receivers' rule and the 'engaged in the business' rule. This follows the DOJ voluntarily dismissing its appeal in a Fifth Circuit case against the ATF, indicating the current rules are on shaky legal ground. A new notice of proposed rulemaking is expected, suggesting a strategic retreat by the government to avoid a definitive court loss and to re-attempt regulation with a revised approach.
