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Sixth Circuit rejects Second Amendment challenge to federal criminal prohibition of possessing machine guns

By Douglas A. Berman

The Sixth Circuit issued a little panel opinion today in Hamblen v. United States, No. 09-5025 (6th Cir. Dec. 30, 2009) (available here), in which the panel summarily rejects a defendant's Second Amendment challenge to his machine gun possession convictions. Here is how the brief opinion starts: Petitioner Richard Hamblen appeals the district court?s denial of his 28 U.S.C. § 2255 motion to vacate, claiming that his convictions for possession of machine guns, in violation of 18 U.S.C. § 922(o), and possession of unregistered firearms, in violation of 26 U.S.C. § 5861(d), are unconstitutional.  Because the Second Amendment does not confer an unrestricted individual right to keep and bear machine guns, we affirm the district court?s judgment and deny Hamblen?s petition for relief...continue to full post

Full post as published by Sentencing Law and Policy on December 30, 2009 (boomark / email).