The long-standing federal ban on newly made machine guns is heading back into court.
A Texas shooting organization and several of its members have filed a federal lawsuit challenging 18 U.S.C. § 922(o). The law that makes it illegal for civilians to possess machine guns manufactured after May 19, 1986.
The case, Temple Gun Club v. Bondi, was filed in the U.S. District Court for the Northern District of Texas. It argues that Congress overstepped its constitutional authority when it enacted the restriction.
The plaintiffs include the Temple Gun Club, a Texas nonprofit with more than 1,000 members, along with three individual members: a U.S. Army veteran, a licensed gunsmith, and a longtime firearms enthusiast.
Their argument is straightforward: the Constitution gives Congress limited powers, and banning the mere possession of a firearm, without any connection to interstate commerce, goes beyond those powers.
The lawsuit targets the so-called Hughes Amendment, which was added to the Firearm Owners’ Protection Act in 1986. That amendment froze the civilian machine gun registry. Allowing private citizens to own only machine guns registered before the cutoff date.
Today, that means legally transferable machine guns are limited to a finite pool. Often costing tens of thousands of dollars on the collector market.
The plaintiffs say the federal government never had the authority to impose that ban in the first place.
According to the complaint, § 922(o) criminalizes the possession of post-1986 machine guns even when the firearm has no connection to interstate commerce, which is the constitutional power Congress typically relies on when regulating firearms.
The lawsuit also asks courts to revisit a key precedent: United States v. Knutson (1997). In that case, the Fifth Circuit upheld the machine gun ban under the Commerce Clause.
But the plaintiffs argue that recent legal developments, along with skepticism expressed by several Fifth Circuit judges, mean the precedent deserves a fresh look.
Among the individual plaintiffs is Jeffrey Howard, a retired U.S. Army Sergeant Major who served for 26 years and now leads the Temple Gun Club. The complaint says he and the other plaintiffs are law-abiding gun owners who would acquire or manufacture post-1986 machine guns if the law were struck down.
The lawsuit doesn’t challenge the broader National Firearms Act itself. Even if the ban were overturned, machine guns would still be subject to the NFA’s strict registration and tax requirements.
Instead, the case zeroes in on a narrower question: whether Congress had the constitutional authority to outlaw the possession of newly manufactured machine guns altogether.
“It’s never too late to claw back liberties that the federal government has stolen,” TPPF Attorney Laura Beth Latimer said in the press release. “The Commerce Clause does not give Congress unlimited power to regulate simple possession of anything. This case is a first step toward reclaiming rights that Congress never had the power to take away.”
If the plaintiffs ultimately succeed, it could reopen one of the most controversial chapters in federal gun law. And potentially allow civilians to legally register new machine guns for the first time in nearly 40 years.
For now, the case is just getting started. But given the current legal climate surrounding gun rights, it’s one that we’ll be watching closely. Stay tuned.
*** Buy and Sell on GunsAmerica! ***
Read the full article here
