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this post was submitted on 15 Apr 2024
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You absolutely can. Full-auto weapons are banned for general purchase in pretty much every state. Things like explosive-based guns are also banned. Flame-throwers, etc.
Heller is a clear violation of state's rights to pass more-restrictive laws than the federal level. We've had tons of gun laws that restrict purchases and types of firearms for decades anyways on the state and local level.
General purchase, yes, but you can still buy one if you fill out the appropriate ATF paperwork and pay the HUGE transfer fees.
https://www.therange702.com/blog/can-you-legally-own-a-machine-gun/
"To legally own a machine gun, you first have to apply for approval from the federal government. After purchasing the gun, you must fill out an ATF Form 4 application and wait for approval before taking possession of the firearm. The FBI conducts a thorough background check using fingerprints and a photograph required with your application, which could take 9 to 12 months to process. The gun will need to stay in possession of the previous owner until the process is complete.
In addition, you will need to pay a $200 “NFA tax stamp” for each weapon transaction. If approved, you will receive your paperwork in the mail, including a permit with the listed lawful possessor of the firearm. Only then can you take the machine gun home and possess it legally."
This Colorado ruling doesn't allow for that.
To be fair, even if it did, I could still see it being unconstitutional to the supreme court.
We don't want to admit it, but we kind of weasled our way to ban automatic weapons which is why there is only a "practical" ban instead of an absolute one.
i.e. You can legally own full-auto weapons if you spend the money to do so.
I think it would be very interesting if some right-wingers tried to do something like this but frame it as though you can "only buy handguns/semiautomatics made before a certain date, gotta pay all these fees, etc."
That could force the supreme court to look at whether the original "ban" on automatics is actually constitutional.
Oh, yeah, and with THIS court? That is absolutely a road Democrats should not even CONSIDER wanting to go down.
The ban was enacted as part of the Gun Control Act of 1968:
https://en.m.wikipedia.org/wiki/Gun_Control_Act_of_1968
Can you imagine if they just tossed that out?
According to Interstate Commerce and the Supremacy Clauses, the States actually do not have that right, they just haven't been sued on those grounds directly.