Yea someone did, it was rock island v somebody in the 10th circuit....
That interests me, any more specifics or a point in the right direction to where I can find more specifics?
Not in the tenth circuit seeing as last I check IL was in the 7th but this may be the case to which he is referring.
US v. Rock Island Armory, Inc., 773 F. Supp. 117 - Dist. Court, CD Illinois 1991
I prefer lexis nexis and if you have access there are valuable aids that come with it but google scholar is free and offers the opinion.
http://scholar.google.com/scholar_c...sland+machine+gun&hl=en&as_sdt=20000000000002
I have done no other research on this issue, just the 30 seconds I spent finding the opinion and the 5 minutes I spent reading it. Interesting.
Edit to add that slightly more research (like another five minutes) reveals that the above cited case has received a fair amount of negative treatment including its reasoning being rejected by the 7th circuit arguably making it no longer good law See United States v. Ross, 9 F.3d 1182, 1192-94 (7th Cir.1993) (choosing to follow the Fourth Circuit's ruling in Jones, supra, over the decisions in Dalton and Rock Island Armory ). The issue appears to have been touched on by other district and circuit courts.
There is also a 10th circuit case: United States v. Dalton, 960 F.2d 121 (10th Cir.1992). I haven't read it in its entirety yet but if you punch the citation into google scholar you can get the text of that case.
The fourth circuit seems to have rejected the reasoning of Rock Island Armory in United States v. Jones, 976 F.2d 176 (4th Cir.1992).
I wish I had time to dig through all the case law and issues and to write something up on it. I simply don't right now, but maybe in the future. It seems fairly interesting.
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