I have a question about what States that highly Regulate Machine Gun


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MG'ss
August 8, 2011, 10:53 PM
Like the post says what states or Local Goverments Ban or highly regulate ownership of such firearms and what is the laws of those States or Local Goverments,,,I'm hoping to make a list to post on my Facebook page...

The other reason I ask is because I was thinking you might could use the court system to file suit on States or Local Goverments that have very bad laws on the issue by using the Heller vs, DC...It's much easier to sue States and Local Govenments then the Federal Goverment on Second Amendment grounds I feel,,The idea is to get the court to get rid of Bans in States and Local Governments this would help over turning Hughes Amendment much like the Heller vs. Dc case did which says you have a right to have a handgun in the home for self-defense so how about a Full-Auto using the same Idea in Heller that you can't ban one type of weapon and the only allow shotguns for self-defense which a shotgun that not in one piece is a joke.Sorry it's hard for me to type what I want to get out there and speak my mind..

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tarosean
August 8, 2011, 11:21 PM
Here is a list..

http://www.bodermansports.com/html/nfa_states.html


Good Luck!!

MG'ss
August 9, 2011, 02:50 AM
Well that link is ok but was hoping for like the texted of all the laws that might be Unconstitution of maybe like Cities,Counties and States lets say Bans Machine Guns in ones Home,,My feeling is that you have a choice of what you want to own for self-defense any type of firearm no matter of caliber or how it operates..

Davek1977
August 9, 2011, 08:09 AM
My feeling is

You need much more than a "feeling" a law is Unconstitutional. You better have logical, reasoned arguments as to how each individual law violates the Constitution. Heller allows for "reasonable" restrictions.... However, that term has not ever been clearly defined. You will have to legally demonstrate how a machine gun ban is completely unreasonable under the law

Bubbles
August 9, 2011, 08:39 AM
There are a lot more federal and state restrictions that have to be knocked down by the courts, and a lot more pro-gun rulings issued, before the judicial system will be primed to overturn laws that prohibit the ownership of machine guns.

Heller II is one such case. It is pending before the DC Circuit Court of Appeals. More info at http://www.hellerfoundation.org/ - go to 'About' then 'Heller II' on the menu.

AlexanderA
August 9, 2011, 11:18 AM
I'm afraid the Heller decision won't be helpful to you along the lines you're proposing. Justice Scalia's reasoning was based on handguns being a generally-accepted and customary means of self-defense. The same clearly cannot be said about machine guns. Further, the decision took the position that the militia clause of the 2nd Amendment was excess verbiage, with no practical effect. (The right to automatic-weapon possession would have been more arguable had Scalia relied on a broad interpretation of the militia clause, in other words, that the general public made up the "militia" and therefore was entitled to possess the normal array of military weapons.) Indeed, Scalia listed machine gun bans as an example of "reasonable restrictions" that could remain in effect.

The Hughes Amendment closing of the registry -- and even the NFA itself -- might someday be overturned by the courts or through legislative action. But not yet. The issue isn't "ripe" yet, as they say. (One complicating factor is that the legal owners of registered machine guns now have a vested financial interest in keeping the supply limited and thereby keeping the value of their investment high. The Hughes Amendment was thus diabolically effective in dividing gun owners -- at least this particular subset of gun owners.)

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