Heller + Miller = Bye bye Hughes Amendment

[CleverNickname]

Form V is the one that gives the BATFE total discretion over who gets post-'86 no-tax machineguns. They can, theoretically, approve Form Vs whenever they feel like it.

They approve form 5s all the time. It's just the transfer form used for tax-free transfers (to/from LE agencies or to heirs).

If 922(o) goes away, I'll buy stock in ammo manufacturers and reloading companies.

 

[illspirit]

How many crack dealers/criminals are bringing a 922(o) challenge? Not many would be my guess since they would first have to establish an ability to legally own firearms before they could complain about being unable to register them. We have plenty of time to build a good 922(o) case and be choosy on plaintiffs - in fact, it is one of the few areas of Second Amendment law where we may have that luxury.

Hmm, yes, good point. However it wouldn't surprise me if someone tried pleading guilty to the felon in possession charge, then tried to argue the machine gun ban is unconstitutional. If only in hopes of receiving a shorter sentence.

Either way, you're right, it probably wouldn't work. But, then again, the 9th Circuit might accept it long enough to set some precedent that machine guns aren't protected for anyone regardless of the newly reconfirmed, individual right. Or perhaps in reverse, so as to send a poison pill to the Supreme Court?

And what if a newly initiated gangbanger with no criminal record yet were to try it? Or if some wannabe rapper who only plays a "gangsta" on TV spends his royalty check on an Uzi for "street cred?" Maybe I'm just pessimistic, but I can imagine a number of ways some dodgy character could beat us to the punch.