This case involved the manufacture of a full auto receiver that the ATF previously approved, then rescinded, and confiscated the receiver after it was already made.
“We reiterated that ‘[a]t its core, the Second Amendment protects the right of law-abiding citizens to possess non-dangerous weapons for self-defense in the home,’ and thus, under Heller, ‘restrictions on the possession of dangerous and unusual weapons are not constitutionally suspect because these weapons are outside the ambit of the amendment,’” the opinion states. “[G]overnments may restrict the possession of machine guns.”
Given the current status of the courts as packed with Obama appointees, I would tend to shy away from litigating anything I don't want a bad answer to. Give it about 4-5 years assuming this election produces a favorable president and senate.
BTW, did a judge, presumably well educated truly write in an opinion that Americans have a right to "non-dangerous weapons". Isn't that kind of like burning water? If a weapon is a weapon, it IS dangerous.
God,
Grant me the serenity to accept the things I cannot change,
the courage to change the things I can
and the Wisdom to know the difference.
Can you amend the title to reflect that it's a Third Circuit court opinion? The Third District is Northwest Ohio, the Third Circuit is Pennsylvania, New Jersey, and Delaware. I opened the link because I thought it was odd that the court of appeals in Lima was ruling on machine guns...
I don't believe it was contraband when he made it. The ATF told him he could make it, then they said sorry we don't think so. I don't know what he made, but a working full auto has to be in the thousands of dollars.
ashtabula wrote:I don't believe it was contraband when he made it. The ATF told him he could make it, then they said sorry we don't think so. I don't know what he made, but a working full auto has to be in the thousands of dollars.
I guess it depends on what kind of full auto as to how much it costs to make, as opposed to how much it's worth on the market. I know a guy with some full auto open bolt subguns (like a sten gun for example) that probably didn't cost much to make, but are now worth thousands simply because of that '86 law. Full auto type guns parts kits are still legally available, minus the fully milled receiver, for example.
