Posted by Eugene Volokh:
First Post-*Heller* Federal Appellate Decision on the Second Amendment:
http://volokh.com/archives/archive_2008_08_10-2008_08_16.shtml#1218647848
[1]U.S. v. Fincher (8th Cir.) (thanks to [2]How Appealing for the
pointer):
[U]nder Heller, Fincher�s possession of the guns is not protected
by the Second Amendment. Machine guns are not in common use by
law-abiding citizens for lawful purposes and therefore fall within
the category of dangerous and unusual weapons that the government
can prohibit for individual use. [The court apparently took the
same view as to Fincher's sawed-off shotgun. -EV] Furthermore,
Fincher has not directly attacked the federal registration
requirements on firearms, and we doubt that any such attack would
succeed in light of Heller.
There's more, dealing with Fincher's pre-Heller arguments that his
membership in a non-state-run militia group gave his actions
constitutional protection.
References
1. http://www.ca8.uscourts.gov/opndir/08/08/072514P.pdf
2. http://howappealing.law.com/
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