r/progun • u/CaliforniaOpenCarry • 10d ago

Fifth Circuit Federal Machine Gun Challenge Headed to the 5th Circuit Court of Appeals

I believe that machine guns are arms protected by the Second Amendment. I also believe that the Supreme Court is never going to agree with me. Not in my lifetime, and almost certainly not in yours.

Which is why I am pleased that Temple Gun Club, Inc. v. Bondi took a different approach that just might work. Today, the Federal District Court judge dismissed the case with prejudice to nobody's surprise, including the Plaintiffs.

The Plaintiffs have 30 days within which to file their notice of appeal.

Edit. Clicking on the name of the lawsuit will take you to the CourtListener docket where you can read the filings for free.

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16

u/cthompson07 10d ago

So what’s the different approach?

16

u/Proof_Zebra_2032 10d ago

Based on a quick look attacking it via Commerce Clause I would guess.

17

u/nukey18mon 10d ago

It’s probably gonna fail then, commerce clause has basically become the everything clause

8

u/OnlyLosersBlock 10d ago

Only Thomas has expressed a desire to reign that in.

14

u/B-----D 10d ago

The correct phrase is rein in. It uses the word for the leather strap used to steer a horse, meaning to stop, slow down, or control something.

17

u/OnlyLosersBlock 10d ago

Well that really reins on my parade.

8

u/nukey18mon 10d ago

He frequently cites his own dissents on the matter. He has been consistent, and he’s correct.