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The Brady Campaign is screaming that if Alito is confirmed, machine guns will literally flood the streets. Here we go again...
Alito's argument was with a 1986 ban on the manufacture and sale of machine guns for the civilian market. Here's what the law is today and what the law will be if Alito gets his way.
As the law stands now, if you want a full-auto HK MP5, first you have to see if your state will even allow you to own such a weapon even with a Federal permit. Then you actually have to work with your registered firearms dealer on getting that permit, known as a Class 3 transfer or an NFA license, among other things. This requires a fee of $200, a waiting period of 60 days minimum, and what basically amounts to a government security check as the BATF checks your criminal record and your profile for anything suspicious. You'll probably need either a judge or your sheriff to sign off on your purchase request, too. After all that is over and done with, if the BATF gives you approval, that MP5 is yours.
If Alito gets his way, however, if you want a full-auto HK MP5, first you have to see if your state will even allow you to own such a weapon even with a Federal permit. Then you actually have to work with your registered firearms dealer on getting that Class 3 transfer permit I mentioned earlier. This requires the same $200 fee and minimum 60-day waiting period, and what basically amounts to a government security check as the BATF checks your criminal record and your profile for anything suspicious. You'll probably still need either a judge or your sheriff to sign off on your purchase request, too. After all that is over and done with, if the BATF gives you approval, that MP5 is yours. Only this MP5 is brand new and off the shelf, instead of being manufactured at least 20 years ago.
See how that works? That's all due to the National Firearms Act of 1934, which requires everone who wants a full-automatic firearm to get clearance from the BATF in order to own one. Thanks to this law, since 1934, only one murder has been committed with a legal, registered machine gun - and that one was committed by an off-duty police officer in Ohio who tried to shake down a crack house.
There are plenty of damn good reasons to filibuster Alito, but Rybar isn't one of them.
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