By OBBM Network Editorial Staff

Derived from an episode of Armed Attorneys.

The federal ban on machine guns has been in place since 1986, but a new court case is challenging its constitutionality. The case, Temple Gun Club v. Bondi, argues that Congress exceeded its authority under the Commerce Clause when it enacted the ban. According to Eric Heitz, an attorney with the Texas Public Policy Foundation, the ban is a clear example of federal overreach.

The Commerce Clause Challenge

The Commerce Clause gives Congress the power to regulate interstate commerce, but it does not give Congress the power to regulate intrastate activities that have no connection to interstate commerce. The Temple Gun Club case argues that the machine gun ban is an example of the latter, and therefore it is unconstitutional. As Heitz notes, ‘There is simply no jurisdictional hook and there’s no connection between what is being regulated, which is mere possession of a machine gun, and interstate commerce.’

Heitz explains that the Texas Public Policy Foundation strategically decided not to bring this as a Second Amendment challenge, but rather as a Commerce Clause challenge. ‘We’re a conservative think tank, and we seek to advance personal liberty in Texas and across the country. And when we’re looking at a case, we do a three-step process. The first question we ask is, can any government enact this law? Is this something that violates the basic tenets of what governments are allowed to do?’

Implications of the Case

The Temple Gun Club case has significant implications for gun rights and the limits of federal power. If the court rules in favor of the plaintiffs, it could lead to a major shift in the way that the federal government regulates firearms. As Heitz notes, ‘If we win this case, it’ll be a major shift of giving power back to the people.’ The case could also have implications for other federal regulations that are based on the Commerce Clause.

Conclusion

The Temple Gun Club case is an important challenge to the federal machine gun ban and the Commerce Clause. The case has significant implications for gun rights and the limits of federal power. As the case makes its way through the courts, it will be important to watch how the judges rule and what the ultimate outcome will be.

The full episode of Armed Attorneys is available on OBBM Network TV.

Watch Armed Attorneys on OBBM Network TV: https://www.obbmnetwork.tv/series/armed-attorneys-207965