A case is being set up to challenge the National Firearms Act, and it is because someone, (finally!), Justice Clarence Thomas, said all the right things in his decision on NY Pistol v Bruen that it applies to even the NFA, if the right lawyer handles it. My fingers are crossed. I just love that guy.
There was never justification for the Machine Gun Act of 1934. There still isn’t. The stars had to align just in time and it couldn’t have happened at a better time. A decision that says there will be no further use of the two step criteria for allowing gun control laws, only, to be scrutinized. Just the text and history of constitutional law, around the time of the Constitution’s beginnings.
The argument that came to be known as the Machine Gun Act of 1934 was based on nothing having to do with the text, history and tradition of the Founding of this country, the Constitution or anything, other than raw emotion leveed against gangsters as an excuse to take away guns. In other words, the grandpa of gun control finally had traction. It has always been about power for the government. The government admitted as much, during the arguments for the NFA. Instead of questioning whether a gun control law violates the 2nd Amendment, they went with placing an excessive tax on law abiding citizens, until the day came that a leftist, named Hughes, came around and dropped an amendment into a bill that closed up future newly made machine gun purchases. The government gets to do that, not we, the people.
So, that makes it okay for the government and criminals to own machine guns, not us. Yeh, that sounds fair, since the both the government and the criminal are so closely related. They both love power, and they both steal.
The case that might be the straw that breaks the camel’s back involves a Youtuber who mentioned and sold a product that show how to literally make a Lightning Link. In case you don’t know what that is, it is a couple pieces of metal, from a beer can to machined steel that allows a semi- automatic AR 15 receiver to function as a fully automatic machine gun. They can literally be made from a beer can. The youtuber only had mentioned the device in reference to a product that only illustrates what a Lightning Link looks like. There was also mention that the youtuber even profited from the sale of this monolith with drawings on it.
What’s interesting is that there are many sources that show you how to build this device, auto sears and gut modifications of the AR 15 to make it into a machine gun, from places like the Anarchist’s Cookbook and all over the internet. It is not illegal to know how to do something, just to own it, if it involves making parts to modify your rifle. I don’t know how the BAFTE(ATF, the minit mart agency) decided this was a good thing to go after, but hey!. Go for it, you guys. You just stuck your foot in your own mouth, and it could end up owning you, to the point of all those fine government agents losing their jobs. I wonder when the ATF will get around to outlawing a few kitchen appliances, like a bottle opener? If you compare a Lightning Link to a run of the mill bottle opener, there are some striking similarities, like the opening for the bottle, the flap that is used for the aluminum can(and Borden’s Milk).
I don’t own any machine guns, but I have fired an M16 A1, a MAC 10 with a heck of a can suppressor on it, and an Uzi. Firing those were just plain fun. Nothing practical about them, until you get into the argument about the government’s monopoly on owning them, well, and other criminals. Speaking of criminals, even the gangsters who bought their Tommy Guns in hardware stores, back in the twenties and thirties, were essentially lawful purchases. They just used the old Thompson for another use, namely a criminal enterprise.
One could argue that the Machine Gun Act of 1934 was a crime bill, but since the American citizen has the 2nd Amendment that protects their right to keep and bear arms, doesn’t mention what type of arm, that one fact makes this law unconstitutional, and, since the ATF decided to go after someone literally offering information about a device, not offering anything else, I hope the ATF becomes extinct. All that bill that ended up in enabling the creation of the ATF did was become a taxing bill, not a crime bill, at all.
What other “right” gets the honor of being taxed? Oh, yeh, Breathing if Algore ever gets his way.
To me, that says a lot more about taxation than it does about crime, where taxation is the crime that kept the machine gun away from law abiding citizens.
This battle may shape up to be the one that breaks the government’s monopoly on all those nasty things that the NFA taxes and regulates, when none of it has anything to do with the Constitution and the history surrounding it.
Thank you, Justice Clarence Thomas, and Justice Alito, for putting teeth back in the argument for protecting our God given right to protect ourselves with a weapon.
Finally, words have meaning, like “shall not be infringed.”
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