[mod.rec.guns] Court Challenge

jkh@jade.UUCP (12/11/86)

It appears that Douglas Oefinger's suit to challenge the
constitutionality of the machine gun ban has been
dismissed on a technicality: the regulations had not been
published in the Federal Register at the time the suit was filed.
This means Oefinger has to appeal the ruling.

I recall a similar court case against the Gun Control
Act of 1968.  Then, as now, the NRA supplied "moral" support.
The rest is history.

Please notice that the only people concerned about 
the machine gun ban are Hollywood weapon supply houses and
concerned individuals.  You might wonder where
the "gun lobby" is. 

The answer is that retail
sales of machine guns to civilians is not the
most lucrative market.  There is no reason for
government contractors ( take Colt, for example ) to complain, 
much less take legal action,
since the law really does not affect income.
Don't bite the government hand that feeds you.

Likewise, class III dealers are generally satisfied with
the new law.  They have effectively become
machine gun "brokers" in the sense that they 
can now charge incredible prices for selling the limited
supply of registered machine guns.  In effect, they have
been bought off much the same way that gun dealers in
general were bought off when the GCA '68 banned
mail order sales.  Why fight a law that is helping your
business?  So what, if, in the long run, the Second Amendment
is further destroyed?  Business is business.

Expect this court challenge to be as effective as the
challenge against the handgun ban enacted in Morton Grove, IL.
These legal battles are very expense and there is nothing
to compel the courts to uphold the Constitution except moral
persuasion.

It is obvious what the Founding Fathers would have done if such
a law were enacted in the 1790's.  Imagine what they would have
said about banning "armor-piercing" bullets!

Times have changed.....


Jon Kaplowitz
cbosgd!erc3ba!jfka