David Codrea.

“Trump administration says machine guns aren’t protected by Second Amendment,” The Washington Times reports. “The Trump administration is taking heat from gun rights advocates after the Justice Department argued in court that machine guns fall outside the scope of firearms guaranteed by the Second Amendment.”

The story quotes Assistant U.S. Attorney Jennifer Case, who, in arguing a brief in the Fifth Circuit Court of Appeals to overturn a lower court ruling, asserted “Machine guns are not the kind of arms protected by the Second Amendment.”

District Judge Carlton Wayne Reeves of the United States District Court for the Southern District of Mississippi had properly ruled that the Supreme Court’s Bruen decision, codifying that text, history and tradition at the time the Constitution was ratified, defined the standards to be used in determining Founding Era intent.

Besides, the Second Amendment says “arms.” It doesn’t say “kinds of arms.” Continental Congress Delegate Tench Coxe’s views were reflective of what the understanding was at the time, when he wrote, “Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American…. [T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.”

Yes, and a thousand times yes.

Theoretically David is of course right. But here’s the issue.

The SCOTUS will not move on this – they won’t even move on Snope, at least not quickly.

The SCOTUS is very, very dependent on what Congress says about things like this. They don’t like to lead the way. They have their finger in the wind on just about every issue before them.

There is zero interest in Congress in this issue. Even if the FedGov loses in court, the SCOTUS will turn it around.

If it never gets to the SCOTUS it will stop at the fifth circuit and the ATF will ignore the ruling and no other circuit will honor it.

The second amendment has been made palatable for the beltway types who want the peasants happy enough, suppressed and taxed to death. So that’s what they have with all of the congressional laws and SCOTUS decisions.

Until of course they get scared of semiautomatic weapons, and then the states pile of those giving us things like the Snope case that the supreme court refuses to deal with.