General Category > Second Amendment

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

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roamer_1:

--- Quote from: Sighlass on March 18, 2023, 08:13:43 pm ---
?? Shooting, shoveling, and shutting up ??

--- End quote ---

Yep. Out back, law is kinda a gray area.  :shrug: :whistle:

sneakypete:

--- Quote from: Elderberry on March 17, 2023, 11:24:39 am ---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/

--- End quote ---

@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:

--- Quote from: sneakypete on March 18, 2023, 08:44:42 pm ---@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.

--- End quote ---
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:

--- Quote from: verga on March 19, 2023, 12:07:29 pm ---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.

--- End quote ---

@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:

--- Quote from: verga on March 19, 2023, 12:07:29 pm ---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.

--- End quote ---

"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

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