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Thread: Lawsuit Challenges Federal Machine Gun Ban

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    Lawsuit Challenges Federal Machine Gun Ban

    Linky.

    Excerpt:

    “By imposing such a ban on an entire class of weapons, the statutes and regulations exceed the power of the United States,” the complaint states. It makes its case by citing violations of Article I of the United States Constitution, the Second, Ninth and Tenth Amendments, and “principles of federalism and dual sovereignty.

    “[B]y arbitrarily ‘disapproving’ an already approved Form 1, Defendants’ actions violate Plaintiff’s Fifth Amendment right to due process and is an unjust taking; and violate the Equal Protection clause of the Fourteenth Amendment,” the complaint continues. “Plaintiff seeks declaratory and injunctive relief against ... unconstitutional provisions ... declaring the ban on machine guns unconstitutional ... and declaratory and injunctive relief prohibiting Defendants from unjustly taking property without Due Process."

    On the face of it, their case appears to have serious merit. I am curious, however, as to how the courts will attempt to wriggle their way around the "shall not be infringed" clause of the Second Amendment, or of the rights-preserving ninth and the powers-limiting tenth.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    There's a ban on machine guns? lol

    Such a ban is unlawful. It should be fun to see the court rule that it is...but them saying it is does not make it so.

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    Quote Originally Posted by davidmcbeth View Post
    There's a ban on machine guns? lol

    Such a ban is unlawful. It should be fun to see the court rule that it is...but them saying it is does not make it so.
    If you'd have read the link, you would have avoided that filet of shoe leather taste...
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Regular Member WalkingWolf's Avatar
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    Does somebody plan on hypnotizing or black mailing Scalia for this suit to be successful. Because he has already ruled on this in Heller. Why would anybody think he changed his mind?

    If this goes to SCOTUS and Scalia goes the way he has in the past, the suit will open the door for a complete ban on NFA firearms and accessories.
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    Regular Member 77zach's Avatar
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    As WW said, neocon dirtbag Scalia has already declared them "dangerous and unusual" and can therefore be banned. Only a Republican could come up with such "reasonings". Let's see: 1. All guns can be dangerous if handled improperly. 2. Guns that are almost completely illegal are unusual in individual law abiding citizens' hands.

    Who would have thought?!?
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Quote Originally Posted by 77zach View Post
    As WW said, neocon dirtbag Scalia has already declared them "dangerous and unusual" and can therefore be banned. Only a Republican could come up with such "reasonings". Let's see: 1. All guns can be dangerous if handled improperly. 2. Guns that are almost completely illegal are unusual in individual law abiding citizens' hands.

    Who would have thought?!?
    There will always be "a most dangerous gun" and "a most unusual gun", right? But one can't own a dangerous and unusual gun ... retardation and illogical thinking ... by lawyers on SCOTUS of course (and elsewhere)...

    Gov't impeding your rights? Why go back to the gov't asking for relief? Like to get slapped twice?

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    Quote Originally Posted by 77zach View Post
    Only a Republican could come up with such "reasonings".
    I think think you need to check some legislative voting records there, hoss...
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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