United States Third Circuit

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US v. One Palmetto State Armory PA-15 Machinegun Receiver/Frame, 15-2859

In an action brought on behalf of a family gun trust, claiming that the de facto ban on the possession of a machine gun found in 18 U.S.C. section 922(o) is unconstitutional facially and as-applied to him under the Second Amendment to the U.S. Constitution, the District Court's grant of the government's motion to dismiss is affirmed where:1) the Second Amendment does not protect the possession of machine guns; and 2) trustees, and by extension trusts, are not exempt from section 922(o).

Appellate Information

  • Decided
  • Published 2016/05/18

Judges

  • THOMPSON

Court

  • United States Third Circuit

Counsel