pErvinalia wrote:As an aside, why are machine guns banned? I would have thought that if you were to fight a tyrannical government, machine guns would be bloody handy.
It's not exactly a ban.
http://thefederalist.com/2017/10/02/act ... -guns-u-s/
You pose an interesting question, which is not answered by reading the law in question (National Firearms Act of 1934 as amended). It is also not covered by an Supreme Court Opinion, because it has not been challenged. The closest SCOTUS opinion is the "sawed off shotgun" case, where it found that sawed off shotguns were not part of the 2nd amendment because they were not shown to be military weapons.
That logic would not apply to machine guns, which are military weapons. So, implicitly, the sawed off shotgun leaves room for machine guns to be second amendment protected. But, a court could also find that for some reason machine guns are not an "arm" as envisaged by the Second Amendment. But, SCOTUS has never ruled on that issue.
The NFA is a law under the internal revenue code, so when they passed it, they passed it as a tax law. They didn't outright "ban," but they said that anyone manufacturing the guns have to have a special license from the ATF, and then any private individiual who wants to buy one has to get a special license, with basically an anal cavity check from the ATF which takes about a year and costs a ton of money, and then they can only buy one made before 1986. So, hardly anyone has one, and the gubmint know precisely who said people are. And, nobody yet has managed to challenge it up the appeal process. The gun lobby is probably very careful about such suits, because they would see a huge risk that such a bright line (the difference between full auto and not full auto) would be an easy one for the SCOTUS to draw. The SCOTUS could say, "this is more like a grenade launcher or a surface to air missile, than a musket or bolt action rifle, so it's not really what the 'founders' envisioned as an arm."
So, it's hard to answer "why" they are basically banned. But, my thought on it is that (a) pretty much everyone sees the power of a machine gun (like a Tommy gun, or full auto M-16 or AK-47) as pretty much ridiculously powerful and just beyond what is reasonable, and (b) the gun lobby is afraid to challenge it because they see a big risk that someone would rule that we can't have every Tom, Dick and Harry owning M-16s, and (c) there is no argument about 'where do you draw the line?' because the line is abundantly clear - if you hold the trigger down and it keeps on spitting bullets, it's illegal. But, you can have a gun that let's you pull the trigger and spit one bullet at a time.
....so.... it's as clear as mud.
“When I was in college, I took a terrorism class. ... The thing that was interesting in the class was every time the professor said ‘Al Qaeda’ his shoulders went up, But you know, it is that you don’t say ‘America’ with an intensity, you don’t say ‘England’ with the intensity. You don’t say ‘the army’ with the intensity,” she continued. “... But you say these names [Al Qaeda] because you want that word to carry weight. You want it to be something.” - Ilhan Omar