The Texas Public Policy Foundation, a non-profit, free market research institute filed a lawsuit challenging the federal machine gun ban.
Their complaint argues that Congress exceeded its limited, enumerated powers when it enacted § 922(o), criminalizing mere possession of machine guns.
The lawsuit also asks the court to reconsider the Fifth Circuit’s 1997 decision in United States v. Knutson, which upheld § 922(o) under the Commerce Clause. The Commerce Clause does not give Congress unlimited power to regulate simple possession of anything.
The case is a first step toward reclaiming rights that Congress never had the power to take away.
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