The news out of the Sixth Circuit shouldn’t shock anyone. In a predictable move, the court upheld the conviction of a man caught with a machine-gun-converted GLOCK and declared that fully automatic firearms aren’t protected by the Second Amendment.
For gun owners who’ve been paying attention, this is exactly the kind of decision we’ve come to expect from the federal judiciary: pay lip service to the Constitution, cite “public safety,” and carve away at our rights one ruling at a time.
The Case and the Court’s Reasoning
In United States v. Bridges, the defendant’s converted GLOCK equipped with a “glock switch” fell squarely under the federal machine gun ban in 18 U.S.C. § 922(o). The court leaned heavily on the “dangerous and unusual” language from Heller to say that machine guns fall outside Second Amendment protection. They also pointed to a supposed “historical tradition” of regulating weapons viewed as especially dangerous.
No surprises there. This is the same playbook courts have been using for decades: redefine the scope of the Second Amendment until it no longer covers what the Founders intended.
And of course, the court failed to mention items like GLOCK switches and auto sears are becoming more and more common due to 3D printing technology, rendering their “unusual” argument useless.
Don’t Count on the Courts
Sure, there’s a chance the Supreme Court could take this case and set things straight. We hope they do. But let’s be honest. Banking on nine justices in D.C. to fix decades of erosion of gun rights is a gamble firearm owners can’t afford to make. Even with recent pro-2A wins, the courts aren’t a reliable backstop.
“If we keep waiting for the courts to save us, we’ll be waiting forever,” said Chris McNutt, President of Texas Gun Rights. “The only sure way to secure our rights is to take the fight to the legislature and repeal the NFA.”
The Real Fix: Repeal the NFA
This ruling is just another symptom of the bigger disease: the National Firearms Act and its unconstitutional restrictions. The NFA’s machine gun ban — expanded in 1986 — treats law-abiding gun owners as criminals for owning the same tools our military and police carry.
The fix isn’t another court challenge. The fix is full legislative repeal of the NFA and every other federal infringement that turns rights into privileges. That’s the fight Texas Gun Rights is committed to leading — because history proves that depending on judges to do the right thing is a losing strategy.
It is long overdue and high time judges, politicians et al, were held accountable for violation(s) of the Oath of Office. Many clearly illustrate by their actions that they do not support the U S Constitution or the Bill of Rights unless it is in their best interest and convenience while they clearly demonstrate their disdain for We the People. For too many the Oath of Office is a mere formality.
For whatever good it will do, I called Senators to introduce articles of Impeachment for Griffin and Nalbandian for substituting Heller’s actual text for their own standard.
The problem with the “gun community” is they are really terrible at educating the public, about 2A education. And 2A responsibilities. And the “gun community” is not facing the real world.
Most commercial gun ranges ban full auto guns. Why??
The insurance.
And you don’t see the “gun community” supporting the teenage ownership of machine pistols. And you don’t see them supporting the ownership by adults either.
And yes there are teenagers, responsible ones, who could possess machine pistols. But not teenagers raised by single mothers without a father.
I would love to go back to the days when black people could order their machine guns delivered to their homes.
Btw
I’m the one who says that the bump stock is an outstanding low cost rapid-fire weapon for the poor.
But the “gun community” does not support the bump stock.
I think these so-called “rapid-fire triggers” are much more effective than a real machine gun. And they certainly cost a lot less.
The second amendment allows me to mount guns on my bicycle, motorcycle, fishing boat, and private airplane.
I’m in the gun community and I support full auto for all. Rights don’t have age limits. I also support bump stocks. They’re fun. Chris, you have created rigid stereotypes in your own mind. More people than you’d think support full auto ownership. If someone can’t be trusted to have all of their rights, they shouldn’t be in public unsupervised.
Every time a case involving the National Firearms Act of 1934 arises, I am surprised that the attorneys always fail to cite the U.S. Supreme Court’s Miller decision which stated that the 2nd Amendment protects our right to keep and bear arms that the militia or military use. Needless to say, the militia and the military use suppressors, machine guns, and even those dreaded arbitrarily defined “short barreled” rifles and shotguns.
Similarly, it is absolutely obvious that THE primary intent of the Second Amendment was/is ensuring that We the People remain on equal footing with our government forces (law enforcement, national guard, and military) as a last resort to repel a tyrannical government. That necessarily requires the ability to acquire, own, possess, and use similar arms as law enforcement, national guard, and our military. Oh, and that last bit also applies in case a foreign entity attacks our states and our military is unable or unwilling to repel the attack. Given this obvious intent of the Second Amendment, attorneys should also be able to use this fact to compel the Supremes to overturn the National Firearms Act of 1934.
Courts do not appear to be virtuous and rule on peon privileges such as keeping and bearing arms, preferring instead to keep 2A a second class right. None of the regulations in the NFA or GCA would pass constitutional muster if applied to:
Starting a church
Posting to a website
Voting
etc. And there-in lies the fallacy. I get that “judges” aren’t willing to concede “public safety” or other arguments, however, that’s coming from a entity that is a member of the Government, ruling on what the Government can and cannot do. The truth is that We The People have divested our power to The Government, and this is what happens as a result.
“A Republic, if you can keep it”.
Well said.
We’ve been slowly rolling back some bad decisions from the past. I think there will be more to come. Of course, SCOTUS is unpredictable.
Never forget.
The Obama Biden administration supplied thousands of select fire weapons to local police departments all across the country.
But they keep saying “only the military needs machine guns.”
I think a machine gun should hold a place of honor inside every American home.
The UN’s Anti-Gun Schemes Go Deeper than We Think…
https://www.youtube.com/watch?v=S9yxwv5hrhc&pp