Feds Say Wyoming Man Has No Right To Make His Own Machine Gun

[Elderberry]

Cowboy State Daily By Clair McFarland 3/16/2023

After a Wapiti man sued the federal government for the right to build his own machine gun, the federal government Monday said the Second Amendment doesn’t allow citizens to own machine guns. 

Jake Stanley DeWilde in January sued U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF), saying the government wrongfully denied his application to build his own M16 machine gun and a federal ban on such weapons is unconstitutional.

‘Dangerous And Unusual’

The federal government in its Monday filing says that courts have consistently ruled that the Second Amendment protects weapons in “common use” but does not protect “dangerous and unusual weapons.”

The U.S. Supreme Court has specifically singled out M16 rifles as dangerous and unusual, the counterclaim says. 

More: https://cowboystatedaily.com/2023/03/16/feds-say-wyoming-man-has-no-right-to-make-his-own-machine-gun/

[Elderberry]

https://citizenfreepress.com/

Jonathan Turley, what do you think of this 2nd Amendment case…

Should you be allowed to build your own M-16 machine gun…

[Sighlass]

https://citizenfreepress.com/

Jonathan Turley, what do you think of this 2nd Amendment case…

Should you be allowed to build your own M-16 machine gun…

Better link here...

https://cowboystatedaily.com/2023/03/16/feds-say-wyoming-man-has-no-right-to-make-his-own-machine-gun/

[roamer_1]

This falls very directly under the 3S's that govern the West.
Particularly the 'shut up' clause.

What's up in the holler stays in the holler. 

[Sighlass]

One would think it falls under weapons being equal to the military (conventional anyways).

but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. - Federalist Paper 29 (Alexander Hamilton)

____________________________________________
____________________________________________

This falls very directly under the 3S's that govern the West.

?? Shooting, shoveling, and shutting up ??

[roamer_1]

?? Shooting, shoveling, and shutting up ??

Yep. Out back, law is kinda a gray area. 

[sneakypete]

Cowboy State Daily By Clair McFarland 3/16/2023

After a Wapiti man sued the federal government for the right to build his own machine gun, the federal government Monday said the Second Amendment doesn’t allow citizens to own machine guns. 

Jake Stanley DeWilde in January sued U.S. Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF), saying the government wrongfully denied his application to build his own M16 machine gun and a federal ban on such weapons is unconstitutional.

‘Dangerous And Unusual’

The federal government in its Monday filing says that courts have consistently ruled that the Second Amendment protects weapons in “common use” but does not protect “dangerous and unusual weapons.”

The U.S. Supreme Court has specifically singled out M16 rifles as dangerous and unusual, the counterclaim says. 

More: https://cowboystatedaily.com/2023/03/16/feds-say-wyoming-man-has-no-right-to-make-his-own-machine-gun/

@Elderberry

You really have to wonder if any of those judges have ever even read the 2nd Amendment  clause. It's not even in  "lawereese",it's in plain and simple English for everybody to see and read.

[verga]

@Elderberry

You really have to wonder if any of those judges have ever even read the 2nd Amendment  clause. It's not even in  "lawereese",it's in plain and simple English for everybody to see and read.

It goes further than that:
10 USC Ch. 12: THE MILITIA
From Title 10—ARMED FORCES
Subtitle A—General Military Law
PART I—ORGANIZATION AND GENERAL MILITARY POWERS
§246. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Hell I will go further than that. When I took my oath 40+ years ago, I don't recall being given an expiration date.

[sneakypete]

It goes further than that:
10 USC Ch. 12: THE MILITIA
From Title 10—ARMED FORCES
Subtitle A—General Military Law
PART I—ORGANIZATION AND GENERAL MILITARY POWERS
§246. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Hell I will go further than that. When I took my oath 40+ years ago, I don't recall being given an expiration date.

@verga

Me,either,and it was clearly implied,if not stated outright that in the case of a national emergency I could be called back on Active Duty at any time.

BTW,FWIW, I support him even though I have zero use for a machine gun,and wouldn't own one if you gave it to me. I am one of those "one shot,1 kill" people.

[Sighlass]

It goes further than that:
10 USC Ch. 12: THE MILITIA
From Title 10—ARMED FORCES
Subtitle A—General Military Law
PART I—ORGANIZATION AND GENERAL MILITARY POWERS
§246. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Hell I will go further than that. When I took my oath 40+ years ago, I don't recall being given an expiration date.

"I ask, sir, what is the militia? It is the whole people, except for a few public officials." - George Mason, Virginia Ratifying Convention, June 1788

[verga]

@verga

Me,either,and it was clearly implied,if not stated outright that in the case of a national emergency I could be called back on Active Duty at any time.

BTW,FWIW, I support him even though I have zero use for a machine gun,and wouldn't own one if you gave it to me. I am one of those "one shot,1 kill" people.

@sneakypete Agreed. The difference between a conservative and a liberal: If a conservative doesn't want a gun, he doesn't buy one, if a liberal doesn't want one, no one can buy one.

[verga]

"I ask, sir, what is the militia? It is the whole people, except for a few public officials." - George Mason, Virginia Ratifying Convention, June 1788