Trego's Mountain Ear

This case is in Mississippi, so it doesn’t make them legal in Montana – but there are now two district courts that have ruled in the favor of individual ownership of machine guns and against the National Firearms Act of 1935 and the ban on new machine guns of 1986.  The case is US v Justin Bryce Brown.  The ruling is at: courtlistener.com  and it is kind of glorious.  I’d say just read the whole thing – but to entice you to make the click here’s a bit of background:

1.  An appeal will be in the 5th Circuit – usually regarded as the most pro-second amendment Circuit Court.
2. “Mr. Brown’s argument was once foreclosed by decades of precedent. Not anymore. In 2022, the Supreme Court “established a new historical paradigm for analyzing Second Amendment claims.” United States v. Diaz, 116 F.4th 458, 465 (5th Cir. 2024) (referencing New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022)). Every appellate court’s “prior precedent” was rendered “obsolete.” Id. (cleaned up). Under the new standard, the government must prove that its desired firearm restriction—which here, means the statute criminalizing simple machinegun possession—is “consistent with the Nation’s historical tradition of firearm regulation.” Id. at 467 (quoting Bruen, 597 U.S. at 24).”
3. “The controlling standard of the moment requires this Court to “determin[e] the contours of acceptable prosecutions through the resolution of continual as-applied challenges,” based on the evidence and arguments before it. Daniels, 124 F.4th at 978. Under that standard, Mr. Brown’s as-applied challenge is sustained. His motion is granted and the case dismissed.21 SO ORDERED, this the 29th day of January, 2025. s/ Carlton W. Reeves UNITED STATES DISTRICT JUDGE”

Judge Reeves, an Obama appointee doesn’t seem to be thrilled at his decision to dismiss – but it’s more convincing to read his decision than to read the thoughts of someone who regards the second amendment as gospel.

Personally, the case makes little difference to me – legal or not, I’ve always felt that feeding a machine gun is just too expensive.  Still, Judge Reeves’ logic can be extended to suppressors and short-barrelled rifles.  I was just 18 when they passed the Gun Control Act of 1968.  I may live long enough to see it ruled unconstitutional.  Life is good.