Attorney seeks to overturn federal machine gun ban on constitutional grounds

crowleycr · Oct 12, 2014

Sipsey Street Irregulars story

Sounds like a good cause. Well on their way to goal.

krucam · Oct 12, 2014

Rots of ruck going through Judicial routes....

BigDaddy · Oct 12, 2014

This is really about Trusts and NFA. If you follow the links in the above article you get to the meat of the subject
http://www.ar15.com/forums/t_1_5/1624460_ATF_approved_post_1986_machine_guns_for_NFA_trusts__legal_action_pending__updated_9_18_14.html&page=1

Jaybeez · Oct 12, 2014

The lawyer is a long time arfcommer. seems like a gpod dude.

the short version is that the atf changed their regulations on trusts. 992o the hughes amendment banning new post 86 machineguns, doesnt list trusts as one of the prohibited manufacturers of machine guns. atf approved several applications and sent out stamps. then they recalled those approvals. but there is nothing in the law that says they can revoke a stamp. Nolo is suing.

ducrider45 · Oct 13, 2014

yes, I saw this coming. Trusts are not people unless you want to build a MG.

teratos · Oct 13, 2014

Easy fix. No more trusts.....

Inigoes · Oct 13, 2014

teratos said:
Easy fix. No more trusts.....

Not really. They are kind of like corporations who can buy firearms also, which gets into the commerce clause.

clandestine · Oct 13, 2014

What I don't get is why does ATF care? Big deal, the MG registry is opened. Its already a mess anyway and full of errors. Its not like this kind of thing will hurt them or disband their agency. NFA owners are the most law abiding gun owners you will find.

teratos · Oct 13, 2014

clandestine said:
What I don't get is why does ATF care? Big deal, the MG registry is opened. Its already a mess anyway and full of errors. Its not like this kind of thing will hurt them or disband their agency. NFA owners are the most law abiding gun owners you will find.

Why don't you write a letter? :lol2:

clandestine · Oct 13, 2014

teratos said:
Why don't you write a letter?

I will, once I feel better. Whatever happens is all you fault for healing me.

campns · Oct 13, 2014

teratos said:
Why don't you write a letter?

to the man with the great hair! :beer:

fred333 · Oct 13, 2014

clandestine said:
What I don't get is why does ATF care? Big deal, the MG registry is opened. Its already a mess anyway and full of errors. Its not like this kind of thing will hurt them or disband their agency. NFA owners are the most law abiding gun owners you will find.

Of course, you're 100% correct. But logic, facts and truth seemingly have little to do with law-making in today's America. As far as I can tell, political fashion (public sentiment) is what drives legislatures, and the lower jaws of most Americans tend to hit the proverbial oriental rug when they find out that MGs are even still in civilian hands. You should see some of the horrified looks I get from liberal friends when I explain how the NFA didn't ban or outlaw the personal possession of MGs, SBRs, "silencers" and explosives. I can only imagine the whining in the streets we'd see if this attorney's case actually gains [legal] traction.

rico903 · Oct 17, 2014

Hell-Wade Katch, a 2A friendly state Rep now running for Balt County councilman didn't know this either when I contacted him about SB 281. Figured better to let sleeping dogs sleep on this issue. Never know when they need to trade a favor with a Dem.

Vile Shadow · Oct 18, 2014

fred333 said:
Of course, you're 100% correct. But logic, facts and truth seemingly have little to do with law-making in today's America. As far as I can tell, political fashion (public sentiment) is what drives legislatures, and the lower jaws of most Americans tend to hit the proverbial oriental rug when they find out that MGs are even still in civilian hands. You should see some of the horrified looks I get from liberal friends when I explain how the NFA didn't ban or outlaw the personal possession of MGs, SBRs, "silencers" and explosives. I can only imagine the whining in the streets we'd see if this attorney's case actually gains [legal] traction.

I say best of luck to him, but that case is closed before it even gets to court.

The same idiots, one of whom may likely be the judge the case lands in front of, who think the '94 AWB only affected MG's will be far too easily convinced that the streets will become rivers of blood if the Hughes Amendment is repealed.

Dogabutila · Oct 18, 2014

It's funny because of how much wailing and gnashing of teeth there was going on about supposed "military-grade" firearms. As if the mere looks of it is what makes it military-grade. Or even that people can get better than military spec firearms.

krucam · Nov 2, 2014

Suit has been filed in North Texas Federal District. :thumbsup:

Hollis v Holder, TX Northern District Case 3:14-cv-03872.

The Complaint (doc 1) is attached.

Date Filed # Docket Text
10/30/2014 1 COMPLAINT against All Defendants filed by Jay Aubrey Isaac Hollis. (Filing fee $400; Receipt number 0539-6395082) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Ex. A. Dakota Silencer Letter, # 2 Exhibit(s) Ex. B. Cover Letter, # 3 Exhibit(s) Ex. C. Approved Form 1, # 4 Exhibit(s) Ex. D. Disapproved Form 1, # 5 Exhibit(s) Ex. E. Letter from NFA Chief) (Stamboulieh, Stephen) (Entered: 10/30/2014)

10/30/2014 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jay Aubrey Isaac Hollis. (Stamboulieh, Stephen) (Entered: 10/30/2014)

10/30/2014 3 New Case Notes: A filing fee has been paid. File to Judge Lynn. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (cea) (Entered: 10/31/2014)

10/31/2014 4 Summons issued as to Eric H Holder, Jr, B Todd Jones, U.S. Attorney, and U.S. Attorney General. (cea) (Entered: 10/31/2014)

10/31/2014 5 ADDITIONAL ATTACHMENTS to 1 Complaint by Plaintiff Jay Aubrey Isaac Hollis. (Stamboulieh, Stephen) (Entered: 10/31/2014)

He is attacking 18 U.S. Code § 922(r) on 2A, 5A, 9A & 10A grounds.
18 U.S. Code § 922(r) reads:

(r) It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925 (d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to—

(1) the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.

The term "person" is at the root of the case, saying an unincorporated trust is not a person according to GCA-68. He argues that the making of a MG that doesn't cross state lines (interstate commerce) can not be regulated as well.

bobthefisher · Nov 2, 2014

And so it begins. Godspeed Hollis... you're gonna need it!
:fingerscrossed:

boricuamaximus · Nov 2, 2014

teratos said:
Why don't you write a letter?

clandestine said:
I will, once I feel better. Whatever happens is all you fault for healing me.

Hopefully you're quarantined for 21 days since you -white- devils think that you can go catching ebola and moutain biking all over the place.

clandestine · Nov 2, 2014

boricuamaximus said:
Hopefully you're quarantined for 21 days since you -white- devils think that you can go catching ebola and moutain biking all over the place.

Liberal White Females think they can spread Ebola. Not this honkey white man.

Boss94 · Nov 2, 2014

My hopes and Prayers are with him !

Attorney seeks to overturn federal machine gun ban on constitutional grounds

The #1 community for Gun Owners of the Northeast

Member Benefits:

Active Member

Ultimate Member

Ultimate Member

Ultimate Member

Active Member

My hair is amazing

Head'n for the hills

AR-15 Savant

My hair is amazing

AR-15 Savant

Ultimate Member

Banned

Ultimate Member

...

Ultimate Member

Ultimate Member

Attachments

Durka ninja

Ultimate Member

AR-15 Savant

Ultimate Member

Users who are viewing this thread

Log in

Forum statistics