Could we finally be witnessing the fall of the Federal Machine Gun Ban? Well, we’re going after short-barreled rifles. We’re going after short-barreled shotguns. We’re going after suppressors. And now this could be the final crack in the armor of the Machine Gun Ban. This week, three major Second Amendment powerhouses, including Firearms Policy Coalition, Firearms Policy Coalition Action Foundation, and the National Rifle Association, the NRA-ILA, the Institute of Legislative Action. They’ve officially stepped into the ring together in a historic federal case that could shake the NFA to its core. If you believe that the Second Amendment does not end where full auto begins, then buckle up.

This is the legal battle you probably have been waiting for. But first, this video is proudly sponsored by Blackout Coffee, the unapologetically patriotic coffee company that stands with freedom-loving Americans. Pick from our hand-picked dad collection and use code BESTDAD for 20% off those items for Father’s Day. Support freedom. Drink Blackout Coffee. Alright guys, before we dive in, smash the subscribe button if you believe that Shall Not Be Infringed actually means something. Hit the like button to help this video reach more patriots, and leave a comment, Should law-abiding Americans be allowed to own machine guns? Let me know what you think, sound off below.

So here’s the deal. The case is called United States vs. Justin Bryce Brown, and it’s currently before the Fifth Circuit Court of Appeals, one of the most influential circuits in the country, and one that’s handed down several major Second Amendment victories over the last couple years. Now this case challenges the federal prohibition on machine gun possession by average citizens, specifically the ban imposed by 18 U.S.C. 922-0 OCEAN, which was slipped into law in 1986 through the Firearm Owners Protection Act, the Hughes Amendment. That clause made it illegal to possess any machine gun that was made after May 19th of 1986, unless of course your law enforcement or military, and for decades gun owners have been told too bad, no full-auto for you.

But this lawsuit and the growing pile of amicus or amicus, depending on how you say it, but the growing pile of amicus briefs backing it says not so fast. Yesterday, the organizations I mentioned filed a Friend of the Court brief, urging the Fifth Circuit to strike down this unconstitutional ban. Firearms Policy Coalition and the NRA, as well as the Firearms Policy Coalition Action Foundation, their brief argues that the machine gun ban is flat-out incompatible with the original public meaning of the Second Amendment. They point to Bruin, the 2022 Supreme Court decision, which sets the standard that gun laws must be deeply rooted in this nation’s history and tradition when it comes to firearm regulation.

And guess what? There is zero historical tradition for banning guns based on firing mechanism alone, not even during the founding era or the Reconstruction era. Their position is blunt and unapologetic. The ban violates the Constitution and courts shouldn’t rubber-stamp restrictions just because Congress waved a magic wand in the 80s. They argue that machine guns were not originally excluded from the Second Amendment protections and that Bruin leaves the government with no historical leg to stand on. In fact, the brief states, quote, Heller already explored the relevant history and found that the only way to ban possession of a firearm is by demonstrating that it is dangerous and unusual and therefore unprotected by the Second Amendment.

Because the government did not demonstrate that machine guns are unusual, it has not made its burden. Then we turn to the Bruin decision, which turned gun control and the entire gun control world upside down by demanding historical justification for any modern gun law, and that includes machine gun restrictions. Here’s the thing. The federal government can’t just invent a law in 1986 and pretend that it has 18th century roots. The groups involved are making a critical argument. There is no historical analog, no founding era law, no tradition of banning firearms because of how fast they shoot.

And let’s not forget, when the Constitution was written, private citizens could and did own cannons, warships, and yes, multi-barrel repeating firearms. Firearms Policy Coalition President Brandon Combs said, quote, The Fifth Circuit should fully and faithfully apply the Supreme Court’s controlling Second Amendment test. The government did not meet its burden in this case, and the district court’s dismissal should be affirmed. FPCAF, the Firearms Policy Coalition Action Foundation, President Cody J. Wisniewski said, quote, The weapons at issue here are unquestionably bearable arms, so the court must perform the required historical inquiry. At that point, the relevant question is if machine guns are in common use for lawful purposes today.

We hope the Fifth Circuit will consider the relevant history and affirm the district court’s decision. Pretty solid. I reached out to NRA ILA Executive Director John Comerford, and he told me this, quote, As our amicus brief states, there is no question that machine guns are bearable arms protected by the Second Amendment. Therefore, under Bruin, the government has the burden of justifying any restriction on machine guns with historical tradition. As our brief further states, the government failed to carry that burden. The NRA is proud to partner with FPC and asking the Fifth Circuit to affirm the district court’s ruling that the defendant’s prohibition on possessing a machine gun is unconstitutional.

That’s solid. So what’s next? The Fifth Circuit will now decide whether to affirm the lower court’s dismissal or do what the Constitution demands and strike down this modern infringement. If the court rules in favor of the plaintiffs, it could open the door to a massive reexamination of the National Firearms Act and the Hughes Amendment in particular. And depending on how far this goes, it could force a showdown at the Supreme Court. Will they be forced to weigh in on whether full auto firearms are protected by the Second Amendment? That is, of course, if they ever grab them and shake them and do their job because they seem to be afraid of doing that when it comes to the Second Amendment.

That would be a game changer. This case won’t move forward without support. So here’s what you can do right now. You can follow and support the Firearms Policy Coalition and the NRA ILA. They’ve been doing a lot of good work, guys and gals. I can say the NRA ILA, to me, has shown that the change in leadership and the change in just the structure alone, they’re starting to do really good things. So stay informed. Share this video with fellow gun owners. And remember, rights are only as strong as the people who defend them. So don’t sit on the sidelines.

Until next time, be safe, stay ready, stay free, and never stop fighting for our rights. [tr:trw].

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