Snowflakes in Hell


Firearms Policy and Politics in Pennsylvania

9th Circuit Rejects Machine Gun Rights

author Posted by:Sebastian on date Jul 16th, 2008 | filed Filed under: 2nd Amendment

Professor Volokh has a case in the 9th Circuit:

The Supreme Court’s recent decision in District of Columbia v. Heller, holding that the Second Amendment protects a limited individual right to possess a firearm — unconnected with service in a militia — does not alter our conclusion. Under Heller, individuals still do not have the right to possess machineguns or short-barreled rifles, as Gilbert did, and convicted felons, such as Gilbert, do not have the right to possess any firearms….

Sorry to disappoint those who were hoping for the federal courts to embrace the right to own a machine gun.

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tag3 Responses to “9th Circuit Rejects Machine Gun Rights”

  1. mike w. Said,
    July 17th, 2008 at 7:54 am

    Well it sure didn’t help that the guy in question in this case was a convicted felon.

  2. ParatrooperJJ Said,
    July 17th, 2008 at 8:43 am

    Actually Miller seems easier to get MGs then Heller.

  3. Sebastian Said,
    July 17th, 2008 at 8:45 am

    It’s disappointing, but worth remembering that most federal circuits balked on gun rights entirely before Heller.