New Twist In Machine Gun Suit

safecracker · Mar 10, 2015

Fingers crossed.

http://www.sofmag.com/new-twist-in-machine-gun-suit/

SRD · Mar 10, 2015

Federal district judge Barbara M.G. Lynn of the United States District Court

Irony?

fred333 · Mar 10, 2015

carpecervisi · Mar 10, 2015

Honestly, our best chance for this happening now isn't this lawsuit. It's the fact that I finally decided to get into NFA weapons and just dropped $12k.

But you're welcome, everyone. This is just my continued heritage of poorly timed financial decisions.

IMBLITZVT · Mar 10, 2015

Seems like almost no news there to me. Lawsuit by a trust. Cool.

JPG · Mar 10, 2015

carpecervisi said:
Honestly, our best chance for this happening now isn't this lawsuit. It's the fact that I finally decided to get into NFA weapons and just dropped $12k.

But you're welcome, everyone. This is just my continued heritage of poorly timed financial decisions.

Thank you!!!! I will be able to buy 3 legally with no stamp (?) for the same cost in the future after the SCOTUS makes the final ruling. Wonder if the ruling will apply to suppressors, etc?

IMBLITZVT · Mar 10, 2015

JPG said:
Thank you!!!! I will be able to buy 3 legally with no stamp (?) for the same cost in the future after the SCOTUS makes the final ruling. Wonder if the ruling will apply to suppressors, etc?

Enjoy the dream!

rob-cubed · Mar 10, 2015

Just $5 in parts and my AKs could be complete, the way Mr. K intended.

I'm happy this is still moving forward.

tc617 · Mar 12, 2015

Wasn't yesterday, March 11th, the deadline for the federal government/ATF to respond to the sur-reply?

trickg · Mar 12, 2015

Can someone put this into layman's terms what this might mean? Does this only mean that we can now put new MGs on the books and that the "value" of MGs, which has skyrocketed since the late 80s will drop, or does this mean that MGs will be legal to own without requiring an ATF tax stamp? Or is it both? Or Neither?

tc617 · Mar 12, 2015

This lawsuit could go on for years but I believe it has merit...

It The lawsuit challenges the post '86 ban, claiming that machine guns are protected under the 2A because they are 'ordinary military equipment' and these weapons have personal self-defense value. Plus, the fact that citizens have the right to own machine guns made before '86, so why are they not trusted by the government to own machine guns made after '86?

The lawsuit also challenges the authority of the federal government to tax a 2A civil right when there are no other taxes associated with other civil rights; Voting, freedom of speech, religion, etc.

fred333 · Mar 12, 2015

I remain hopeful, but I think the suit would have a greater chance of winning over the justices had it been (or touched) on financial grounds. That is, they should've highlighted the fact that US gun makers are facing unfair competition from overseas since they're not able to make/sell MGs to overseas (and US) markets. Therefore, the GCA is unfairly anti-competitive and prohibitively exclusionary to US vendors who're unable to compete on an equal playing field. At least that'd be my premise.

Alan3413 · Mar 12, 2015

Am I the only one who thought it was a thread about this?

DC-W · Mar 12, 2015

No. No you're not

IMBLITZVT · Mar 12, 2015

fred333 said:
... That is, they should've highlighted the fact that US gun makers are facing unfair competition from overseas since they're not able to make/sell MGs to overseas (and US) markets. Therefore, the GCA is unfairly anti-competitive and prohibitively exclusionary to US vendors who're unable to compete on an equal playing field. At least that'd be my premise.

What stops them from making MGs for sale over seas? Export restrictions to some countries, import restrictions by host countries... However thats not stopping MG sales around the world. Frankly if the Feds do have one thing correct that would be the ability to control imports and exports. Both US and foreign dealers are both equally restricted inside the US. So I see nothing there. US gun manufactures can make and sell MGs to many parts of the world.

fred333 · Mar 12, 2015

IMBLITZVT said:
What stops them from making MGs for sale over seas? Export restrictions to some countries, import restrictions by host countries... However thats not stopping MG sales around the world. Frankly if the Feds do have one thing correct that would be the ability to control imports and exports. Both US and foreign dealers are both equally restricted inside the US. So I see nothing there. US gun manufactures can make and sell MGs to many parts of the world.

Can, say, S&W manufacture a MG for export?
My understanding is that the manufacture or sale of MGs in the US was banned as a result of the GCA. No?

Boonie Hat · Mar 12, 2015

fred333 said:
Can, say, S&W manufacture a MG for export?
My understanding is that the manufacture or sale of MGs in the US was banned as a result of the GCA. No?

They sure can. If you're building them, it's for our gov or someone else's as long as you play by the books. Suppressors, on the other hand, are a no go on export. Carter put a stop to that and it put Military Armament Corp out of business.

smdub · Mar 12, 2015

Any FFL07 w/ SOT can build 'postie' MGs. All legal. A couple of the IPs here do it.

fred333 · Mar 12, 2015

Boonie Hat said:
They sure can. If you're building them, it's for our gov or someone else's as long as you play by the books. Suppressors, on the other hand, are a no go on export. Carter put a stop to that and it put Military Armament Corp out of business.

So S&W can manufacture MGs here and export them to, say, Israel?
I did not know that. Thanks.

Inigoes · Mar 12, 2015

tc617 said:
Wasn't yesterday, March 11th, the deadline for the federal government/ATF to respond to the sur-reply?

Yep

Wolfwood (lawyer on the plaintiffs legal team) posted it in the thread he started

http://www.mdshooters.com/showthread.php?t=164477

New Twist In Machine Gun Suit

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