So I ran across this interesting news story while browsing through Reddit today at lunch.
Here's the headline and some quotes from the article.
I wonder if this might actually have a chance post-Bruen? I think his argument is as valid as any I have heard.
Personally I hope that the court rules in his favor but I am not holding my breath, and even if the lower court does I have a hard time seeing the circuit court agreeing.
Do any of you actually see this going anywhere?
To read the full complaint, here is a like to Court Listener
Here's the headline and some quotes from the article.
"Wyoming Man Sues For Right To Make His Own M16 Machine Gun"
"Jake Stanley DeWilde filed a federal complaint in the U.S. District Court for Wyoming last week, asking for the court to issue a declaration against U.S. Attorney General Merrick Garland and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives."
"DeWilde’s complaint says that on Dec. 8, 2022, he submitted an ATF form asking to make and register an M16 machine gun. But 12 days later, the ATF denied his application, citing federal law that forbids both the transfer and possession of machine guns."
"These cases (referring to Heller and Bruen) together indicate that guns cannot be considered “dangerous and unusual,” and therefore legitimately unlawful if the guns are in “common use,” DeWilde says in his complaint."
"DeWilde argues that because the M16 is in “common use” by the U.S. military, it should be made legal for the nation’s citizenry. He also argues that his Second Amendment right has been violated."
“Plaintiff desires to own an M16 machine gun for all lawful purposes, including defense of hearth and home and militia functions”
I wonder if this might actually have a chance post-Bruen? I think his argument is as valid as any I have heard.
Personally I hope that the court rules in his favor but I am not holding my breath, and even if the lower court does I have a hard time seeing the circuit court agreeing.
Do any of you actually see this going anywhere?
To read the full complaint, here is a like to Court Listener