“GOA is correct. There is nothing in the Second Amendment that excludes ownership of any weapon — machine gun or otherwise — from within its protection. In fact, the text of the Second Amendment is very clear regarding the government’s ability to qualify this most basic liberty: ‘the right of the people to keep and bear arms, shall not be infringed.’” — The New American, December 27, 2015
A case currently pending before the U.S. Court of Appeals for the Third Circuit could push back against President Obama’s promise to make America safer by disarming civilians. Gun Owners of America (GOA) has filed an amicus brief in this case, U.S. v. Watson.
On its website, GOA provides the following short summary of the relevant issues in Watson:
At issue is the constitutionality of a part of the 1986 McClure-Volkmer legislation, which prohibits the manufacture and possession of machine guns by Americans unless they were registered prior to the date of the Act.
The case in Watson (submitted on December 9, 2015) involves a family trust that had applied to manufacture an M16 and challenged ATF’s eventual denial of that application.Specifically, the brief filed by the GOA challenges the ruling by the district court that held that regulations on the manufacture of machine guns were deemed constitutional in a prior Third Circuit Court opinion, the opinion in U.S. v. Marzzarella.
Dicta in the Marzzarella decision claimed that the U.S. Supreme Court had likewise held in favor of the constitutionality of prohibitions on machine guns.
The Supreme Court has never issued such a ruling. In fact, the decision in the case of District of Columbia v. Heller (2008) clearly states that “all instruments that constitute bearable arms” are protected from prohibition by the Second Amendment, unless challengers could prove otherwise. As GOA explains in its summary, “Heller noted that the definition of what is and what is not a protected arm does not turn on whether a weapon has a military or nonmilitary use.”
FK – Good for GOA but all this may soon be a moot point:
FK – Is he willing to use the ‘National’ guard and militias to do this? That’s what it will take.
The limitless arrogance of the “Liberal”(commie) trash is what will start the war regardless of what ‘event’ kicks it off. In reality it’s been going on for decades as they silently infiltrated every segment of our society.
Until we develop the resolve to do what will be required and then hold the treason/war crimes trials and pass a constitutional amendment banning all forms of socialism and those who push it from our country we won’t begin to see the light at the end of this tunnel.
You will be needing this:
FK – Then shoot at the parts that aren’t covered.