Kansas Federal Judge Overturns Machine Gun Conviction! What Happened? Rivera Law Olathe KS
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- Опубліковано 8 жов 2024
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A Kansas federal judge overturned a machine gun possesion conviction, saying it was unconstitutional. Does that mean we can all own machine guns? Defense Attorney Vincent Rivera provides some insight.
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Shall not be infringed is pretty clear terminology. No firearm is illegal, just the law trying to ban it.
The NFA of 1934 has historically gotten around the 2nd Amendment because owning a Machine Gun without acquiring a tax stamp first is a Tax Violation. That is why the BATFE was originally a branch of the Treasury Department.
They also hid behind the commerce clause. The believe it gives them jurisdiction because the items or some part of them is made in another state, therefore was involved in interstate commerce and they can regulate it.
@@Basketofdeplorables173 That is true. The government can pass laws to ban something, not for what it is, but for some other reason like you mention. That smells like another law waiting to be challenged.
This set up was originally just another level of theft under the 2nd Pillar of The Communist Manifesto, a "highly graduated progressive income tax". The United States of America under the 16th and 17th Amendments and the Federal Reserve central bank is a Socialist society learning towards Communist demagoguery. Capitalism has not failed US, but Socialism certainly is.
@@roadrunner3867 it should be challenged. To me, that’s not what the commerce clause was meant for.
A single intelligent comment followed by more drivel replies. Yes, it has been challenged many times before and upheld but don't put it passed this corrupt SC. 50 years of precedent downed after their lies why not nearly 100 years of historical precedence.
The '34 NFA, the '68 GCA and other laws are all unConstitutional.
It's pretty simple shall not be infringed
They are, on their face
This is an educated judge!
Any law repugnant to the constitution is not a law.
It is unconstitutional to ban any firearm.
2ND AMENDMENT PROTECT ARMS⚔️.
not just firearms
@@nowhere474 I'm waiting for switchblades to be rendered legal...
Incorrect. You CAN ban weapons which are dangerous AND unusual. “And” being the main point.
@@AG_Front They are in my state. The caveat is that they have to be locally produced because of the interstate commerce clause.
@rickbruceroche2038 In a world where there's a missle that can track your car from a fancy hunk of metal in space triangulating you, a machine guns or switch blade is not unusual in the slightest.
The 2a does not have the word except in it. NO Constitution empowers ANY government the right or power to limit, revoke, tax, license, etc ANY personal rights.
Public interest and government interest are NOT superior to personal liberties. The whole reason for a constitutional REPUBLIC is to prevent the tampering with individual rights.
That ruling should at least apply to that State as a minimum.
The very purpose of a constitutional amendment is to control whatever that amendment is for, thus OVERRIDING anything to the contrary.
Yea, the 'well regulated milita' part isn't a caveat, its a justification.
@@davidgreenwood6029 The 2A is a two part rights amendment just like the 1A is.
One does not need to be a newspaper in order to use free speech.
One does not need to be in a religion to use free speech.
Therefore, one does not need to be in a militia to exercise their absolute and unlimited gun rights. 2A does not have the word except in it.
And gun rights do not require you to be in a militia either.
You can do both, one or the other, or neither, just like you can with the 1st amendment.
A bit hard being in a militia without a gun though lol.
The ONLY public safety/interest in gun rights is to fully SECURE those rights, without hindrance.
No government interest in them either for the same reason.
Only limits on any of our rights come from natural/God's law. NOT laws made by man.
@@crazysquirrel9425 Reread my reply man, you're preaching to the choir, save your breath for someone who doesn't already agree with you.
@@davidgreenwood6029 Sorry I misunderstood you. My Bad.
@@crazysquirrel9425 "The ONLY public safety/interest in..."
Well, I think there's probably room in there for safety standards in the sense of "you can't sell that. The metal's weak and it blows up in people's faces."
But, yeah, that's kind of nitpicky and I know that it's not how they try to do things.
Based! The judge understands that "SHALL NOT be infringed" was meant literally. Freedom is scary sometimes, but our Founders understood that freedom comes with risk and fought for it anyway. That's the only tradition anyone should care about, and if they want stricter laws Canada isn't so far away that someone couldn't get there if they really wanted to. Where there's a will there's a way. Just look at our southern border and the people coming in from every country in the world.
Kansas judge was 100% correct.
Get rid of the traitorous ATF
@@ouirocso schizophrenics should be able to own M60s?
@1:25 It is not a new carve out! It's following the law. You know, the US Constitution.
The people ought to have the right to own everything up to and including artillery and fighter aircraft to be able to fight a tyrannical government
Like that’s gonna happen
@@deankaras8359 It happens. Private Military Companies or PMCs, for example .
@@deankaras8359 Look up privately owned combat vehicles and aircraft. Yeah, it's a thing.
funny part is, WE can own all of that... for the right price! 😉
@@tonyabsoluteam3456 Don't have $50 million for an F15 though... Will they take a check? LOL
😅theirs thousands of people in America who own Machine Guns. How many of them use them for crimes. NOBODY 😂😂😂
Funny!
I believe there was one instance of a legally own machinegun used in a murder. The shooter was a cop if I remember right.
@@deanweathers6779 That’s Correct. Quite awhile ago .
Wellllllll, inner city gangs shooting each other with converted Glocks would say otherwise. But yeah, anyone going through the trouble of a Form 4 certainly isn't committing crime with them.
God Bless the Judge
shall not be infringed
Indeed. Simple words that should be easily understood. And now some of the loons are going after the 1st amendment too.
Peopleare to stupid to understand words. Look how often people use decimate to describe annihilate
I mean see i couldn't even make a sentence without a mistake. Just stupid 😂😂😂
WELL TEGULATED
@@Yakomoe decimate was originally to kill one out of ten as a form of collective punishment; to too many the sense of the word has flipped to 'one out of ten survived'
need to repeal all gun laws everywhere
Save one gun law - no illegals allowed guns.
world > USA
@@alexandergutfeldt1144no. No it’s not, to us.
@@alexandergutfeldt1144 The right to bear arms is a basic human right. just because other countries don't respect that doesn't change it. Go preach your smug bootlicking submissiveness to a violent government to the Uighurs and see how much they value your opinion while the Chinese Communist Party is genociding them.
Lets go Biden and Kamakaze Kamala are working on it...
Gatling guns were available to the public before 1869.
Gatling guns are not considered machine guns. There is a rifle that fired multible times with a single trigger pull that was know during the revolution and was even offered to the continental congress. But it was too expensive. G**gle rifle, roman candle. And you should find it.
1777 the belton rifle, roman candle was unhelpful.
@@deanweathers6779 "Gatling guns are not considered machine guns."
That's not quite true. The second you attach an electric motor to one, they are.
@@ColonelSandersLite or winks-1850's-upwards weights/springs/steam-powered that allows for lazybones mode's
im on fully-arm's team as commentary noted the other 1777~ roman and sub$$ to owning them and no im not a sub-guy but founder's wanted it to become cheaper and passing-act ect
@@ColonelSandersLite as designed, not a machine gun. GE attached the first electric motor. You can also convert a semi-auto using an electric drill and a cam, same thing.
No. We do not have to follow their Statutes Codes Ordinances Rules Regulations and Policies. They're not Law.
Tell the truth for the good of Man kind.
Um... that is not how our laws are setup. Statutes are in fact law. States then delegate some of their authority to cities, who can make ordinances, regulations and policies, as long as it does not violate that State Statute. Now, do they violate the Federal or State Constitutions, which guarantee certain liberties. If so, then that trickles down to statutes, codes, ordinances, regulations or policies being Unconstitutional under the Constitution.
good luck with that in court, as you rot in jail until they decide to let you go. or may decide to continue torturing you in jail?
Everything they passed since the Feds and States became corporations are not LAWS. They are ADMINISTRATIVE orders/rules.
But you must formally withdraw from their corporations to regain your rights.
Right now, we all have privileges - hence the reason Biden said no rights are absolute (he didn't mention that those rights are CORPORATE granted rights).
Brovo!!
@@tonyabsoluteam3456
The court is a corporation, and can only transact with another corporation, like the fake ALL CAPS name the fraudsters in government tried to assign us.
As a living man, I don't consent to contract. Kick rocks court!!
I love how they're showing pistol braces and talking about machine guns. Nexstar gonna Nexstar.
It only fits a certain kind of pistols not all pistols if you don't have a pistol that goes with the switch it's just a piece of plastic
This cannot just apply to one case. If this ruling isnt appealed it will become Law.
Only in that jurisdiction. Depends on how the judge worded the ruling.
Mark Smith actually covers this case way better than this guy and it was an as applied challenge that only affected that one defendant, however the Gov decided to appeal the ruling so it could become precedent
The words "shall NOT be infringed" makes every gun law on the books unconstitutional !
Stumbled upon your channel this morning I guess the algorithm had this for some reason for my viewing.
Thanks for bringing us up to speed on this.
The term fire arm is a commercial term one that comes with regulations and therefore we have what we have based on their definitions under the constitution we have the right to bear arms and that is whatever we consider an arm for defense. All of their terms are for purposes of limitation’s and regulations that’s it
The machine gun ban is absolutely unconstitutional, and we shouldn't have to explain why, but the Second Amendment is very clear on what the government cannot do.
That is not regulate away the people's Right to possess all types of WEAPONRY, especially military grade weapons and specifically weapons carried by infantry would be protected as the minimum that the people are supposed to possess!
Requiring the payment of a fee for being able to vote ( a poll tax) on a constitutional right is unconstitutional. Likewise, requiring someone to pay a tax on an NFA item or requiring someone to pay a fee and get a license is also unconstitutional.
No one is required to pay a fee to be able to use the First Amendment or any other right spelled out in the bill of rights. All of the rights in the bill of rights were paid for with the blood of our fore fathers.
There was a time when you could mail order any fire arm and it would be delivered right to your door by the U.S postal service. When i say any fire arm that includes the thompson sub machine gun and the browning automatic rifle among others. A store could sell guns and ammunition of any kind, no licence required. You could go to your local hardware store and buy dynamite and other explosives, no licence required. Today we can't buy a lot of things without a lengthy permitting process and some a citizen can't buy at all. Now they want to take all access to all firearms and it's only taken 100 years to get here. If not for the 2nd amendment we would have lost our right to own private firearms completely 50 years ago. If we loose the 2nd amendment our other constitutional rights would be gone soon after starting with the 1st amendment which is under attack as well.
The 9th ruled long ago, in the 1980's. A Federal Probationer who was a gunsmith made 6 machine guns and had parts for more than 1 more, and his home visit by a Supervising Agent found them, and he was revoked. It took years, however the 9th found 2 fundamental things.
1) The guns were never offered, sold, or possessed by anyone other than the builder. Thus, not in commerce, and NOT subject to Federal Jurisdiction.
2) The guns never crossed State Lines, and were not in commerce again.
Please site a source so we can look it up ourselves, I live in the 9 circus courts juridiction.
@@deanweathers6779 It is Stephenson. I have not thought of it for years and no longer have the cite.
Additionally, the even MORE weird thing is that during his revocation, with the Appeal traveling in the system, he ALSO tried to get an inmate to assist in having his Federal Judge killed. Got snitched on, Convicted, Sentenced, and THEN the appeal came through in his favor.
Sometimes you just cannot assist the idiot or the evil to do themselves any good.
@@MarkH10 Sounds like the perfect Lie into submission effect.
@@MarkH10 I was unable to find this. If we use the SCOTUS Miller case, machine guns should be legal as the court ruled that the 2a protect guns with military use…
@@deanweathers6779 What I find even more erratic in the Governments perspective is:
Machine shotguns: Illegal.
Machine guns: Illegal.
Grenades (Assembled): Illegal.
Grenade parts within reach of one another: Fine, legal.
Rocket launcher: Legal
Rockets (separately): Legal
Rockets in reach of Launcher: Illegal.
Suppressors: Illegal.
HOWEVER; You happen to have $250 PER unit, I'll change YOUR status to legal on each of the guns and suppressors.
Fun fact: Machine gun possession has NEVER been illegal. You are still able to purchase a machine gun legally to this very day.
The only difference is, can you pay the exorbitant cost of one, from the artificially inflated supply/demand element created by the FOPA '86?
Government basically made it legal for only the rich people to possess machine guns.
The constitution applys equally to ALL citizens. Its COMPLETELY ABSURD to say some citizens have constitutional protections and others dont......can you say " discrimination ".😅😅
How can a federal court not create case law?
I cannot think of a more worthless firearm than a fully auto glock. So what's the fuss?
It is a first step to undoing the unlawful & improper restrictions that have been in place & restoring our Second Amendment right to full strength.
So, when another individual is arrested for possession of a full automatic firearm and is found guilty. On appeal to federal court what happens if the federal judge doesn’t agree with the lower court . Does this mean we have a kangaroo 🦘 court system across our country? Or does it mean an individuals attorney should go federal court judge hunting to get a favorable ruling. If so our court system is not black and white it’s just nothing. It also would mean our government court system is not universal it’s not about the law it’s about if the judge is a Republican or a Democrat. So I guess if you get arrested for possession of a full automatic weapon would it be honest to say the attorney should go judge hunting for a certain judge or is our court system a complete failure to everyone.
Every court (lower anyway) sides with the prosecution and the governments. Unless there is 100% clear evidence they should not rule that way. And even then they can rule incorrectly.
@@crazysquirrel9425 Because the system is CORRUPTED.
This ruling does establish a precedent. It's a good start for other courts to follow.
Is judge loves the Constitution and I love him for it
Don't listen to this Person he works for the state. He can't tell you the truth.
How about following the second amendement, the judges are suppose to rule according to the constitution, not pick and choose what they would like it to be.
Revolving door justice doesn't help.
Bull it's the law if one can do it all can do it
This whole my circuit says yes, yours says no, blah blah blah is a legal version of bull crap!!
Every judge would have to agree with this judge....
Woo-hoohoohoohoohoohoohoohoo!
So does anyone know if he gots his guns back and his arrest expunged??
MAGA VOTE EARLY. JUST INCASE
MAGA VOTE EARLY. JUST INCASE
MAGA VOTE EARLY. JUST INCASE
1. The “as applied” motif of ruling in the cases of CONSTITUTIONALITY of a particular law is ITSELF UNCONSTITUTIONAL. Either a law is CONSTITUTIONAL or it’s not. There can be no “gray area”. Something is either UP or DOWN, INSIDE or OUTSIDE, ALIVE or DEAD, RIGHT or WRONG, nothing can be both in the real world; not even Schrodinger’s cat. All “as applied” court rulings automatically create a disparity of justice that favors one person or group over another in similar circumstances. The very wording of the 14th Amendment prohibits “as applied” rulings.
2. Whenever there is a different application of law between Circuits, it is mandatory that SCOTUS step in and resolve the issue. In Marbury v Madison (1803), SCOTUS under Chief Justice John Marshall created the principal of judicial review out of whole cloth since it is NO WHERE in the U.S. Constitution. Since SCOTUS gave itself this power, they must live with the consequences. Whenever there is an imbalance among the Circuits, they MUST resolve the issue. Like any of the inferior courts, SCOTUS can take a case or make a ruling sua sponte. They have no LEGAL right to ignore it.
3. The ruling vis-à-vis the NFA and machine guns creates this imbalance. The 14th Amendment demands a remedy. 14th Amendment - “ALL PERSONS BORN OR NATURALIZED in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL PROTECTION OF THE LAWS.”
“No State” but remember the US is considered a state under some circumstances, and it was never given the power to abridge any Citizen right; it was shorn of that power in different ways
This is insanity!!!!
I keep hearing about all these laws being overturned, but noting changes. More stupid laws in my state.
2nd amendment...
It follows the same logic cops want to use for qualified immunity ! If there is not a previous specific case that says this particular action is unlawful then the cop wouldn’t have known not to do it !
Communist sky screaming meltdowns in 3...2...1...
Why are you using the term "assault rifle," Jethro?
An AR is not a machine gun.
Darn it! I wanna go Rat-a-Tat-Tat. GI Joe!
Your camera, camera angle, and audio (a little echo-y) aren't great, but I liked your straightforward delivery and the cautionary note for gun enthusiasts. It's not settled law by any means yet, so everyone should be careful until it is.
Machine gun prices are high !
It will work its way thru the appeals process unless the prosecution is smart enough to realize that the Judge limited his decision to this particular case.
It took 90 yrs to figure this out?
Think of all the folks in your neighborhood or town and consider if you would be OK for all these characters to carry machine guns.
It is unconstitutional.
SHALL NOT BE INFRINGED, MEDIA! SUCK IT MEDIA!
Based judge
Did he get his gun back?
Wow! This seems to have gathered all the nasties together in the comment section. The USA has truly become a very sick nation.
Anytime there is a pro-gun video of any type the anti-gunners out there come like flies to $hit. I wish they paid more attention to the actual Constitution and created laws they are actually based on it instead of this clown show we have now.
MmmHmm, Kansas, 🤩
Trump cant own a 22 let at sink in .He,s a 34 count fellon.
But they want felons that hate and want to kill him to have any guns they want. Tough choice.
Nothing like living in Flint Hills and listening to Rambo get his rocks off
Gives on that warm fuzzy feeling? LOL
I would like to know where you think you can go to buy a fully automatic weapon??? So many myths about firearms. There are no loopholes for gun shows either!!
Russian bot or dumphukt? You buy them for the current owners or dealers! Gun show loophole? Yes their is u dumphukt. I have done it myself, both directions of commerce. 2 for two.
@@steprob8692 First off, speak fkn English not this $hit you have put out. And if you just bought a machine gun at a gun show you sir have violated the law and are the one who should be in jail. Friggin idiot coming here and bragging about violating the law. You are like some of those dumb kids who buy switches and them make videos of themselves using them. So please shove your Russian bot theory where the sun don't shine. And buying a gun from a private citizen can be done anywhere, there is no law specifying it has to be at a gun show, or a supermarket, or a convenience store. If you are legally able to own weapons then it does not matter where the transaction takes place. Your "gun show loophole" remark shows you are a demon-crat and know less about guns then you do about what is a boy or girl. Idiots.
All of you need to stop describing an automatic rifle as an "assault rifle". That only messes with the fragile psych of people who know nothing about guns.
The ruling applies to ALL, because NO law may be enacted that violates The Constitution. Every law is supposed to be reviewed by Scotus for its constitutionality prior to going into effect. Exceptions are called AMMENDMENTS.
Trumpf School of Law I presume.
Good
FINALLY !! A JUDGE WITH SOME SINCE !! PHUCK THE ATF !!!!
The Anarchist Task Force is watching you.
I have 88 firearms an a cannon dispite what Joe Biden says you can own a cannon you have always been able to own a cannon I inherited mine from my grandfather who inherited it from his uncle we fire it off every 4th of July but my family owns 2,700 aces its been carved up over the years between my dad an uncles my sister my cousins l own 66 acres of that. Most of it is farm land l raise horses dont farm mine is mostly woods 30 acres is a lake a river runs threw my land an the a decent cave system so we shoot 4 or 5 times a week i have 4 full autos l had to register them pay the tax stamp an had a in depth back ground check. I spent 16yrs in the marine corps 2003-2019 deployed multiple times to Iraq and Afghanistan. I have the horrible criminal back ground of 2 speeding tickets. So i didn't have any problems.