On June 30, 2016, the U.S. Court of Appeals for the 5th Circuit issued its unanimous (attached) opinion in Hollis v. Lynch, upholding the federal machinegun ban, the same as the Third Circuit did in Watson v. United States.
In a horrible, poorly reasoned decision, the Fifth Circuit claimed that the federal machine gun ban does not violate the Second Amendment. It came to this conclusion based on several blatant misreadings of the Supreme Court’s decisions in Heller and Miller.
This case puts on full display the willingness of the courts to ignore both the Constitution and prior constitutional rulings.
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GOF in 2015
Gun Owners Foundation (GOF) has prepared an overview of the legal activity that GOF engaged in during 2015.
GOF was involved in over a dozen Second Amendment cases -- from challenging the machine gun ban to tackling waiting periods.
On November 2, Gun Owners Foundation filed in the U.S. Court of Appeals for the Fifth Circuit an amicus brief in support of a challenge to the federal machine gun ban, ironically passed as part of the 1986 Firearm Owners Protection Act.
Gun Owners not only argues that possession of machine guns by Americans is compatible with the Second Amendment, we argue that Supreme Court opinions have bolstered this view. Our brief argues that the Second Amendment is not about hunting or target shooting, but about self-defense against individuals and/or the state.
Finally, the Gun Owners’ brief ridicules those who say that fully-automatic machineguns are far too terrifying and powerful for ordinary people to own, and we take the ATF to task for its bait-n-switch tactics.
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