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Old May 11, 2009, 10:16 AM   #4
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Where machineguns fall may be up for debate as an intellectual exercise or a debate on what the Founders would have wanted; but as a practical political matter, I think there is a strong likelihood machineguns are going to be classified as dangerous and unusual weapons.

For one, the Second as an individual right was only a 5-4 decision. I don't see any Justices going for machineguns as protected by the Second Amendment right now.

Two, Gura recently suggested that if he had advanced that argument in Heller or tried to tiptoe around it, he would have lost 9-0. Gura strikes me as a sharp guy and if his assessment is that there is nobody on the Court who would support deregulation of machineguns, that is something to keep in mind.

Realistically, machineguns are way down the list right now. Gura is rightly targeting cosmetic bans and carry issues right now and gaining some ground there will be a huge advantage for later fights.
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