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Celebrity YouTuber cites Supreme Court gun ruling in bid to dismiss machine gun charges

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Lawyers seeking to invalidate a Wisconsin YouTube celebrity’s gun crime indictment have cited a recent Supreme Court decision on gun rights, saying the state’s 78-year-old law governing machine guns is unconstitutional.

Attorney for Wisconsin gun dealer Matthew Hoover, whose YouTube channel has nearly 151,000 subscribers, has consulted a U.S. District Court judge A Florida court rejected his January lawsuit against Clay County, Florida resident Kristopher Ervin, who was accused last year of selling illegal machine gun modifications online.

Hoover’s lawyers asked U.S. District Judge Marcia Morales Howard earlier this month to rule that the National Firearms Act of 1934 was a requirement to pass a tax license for machine gun ownership Laws to restrict machine gun ownership are inconsistent with the Second Amendment right to bear a firearm.

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Lawyers cite last month’s 6-3 High Court ruling New York State Rifle and Pistol Association v. Bruen, It argues that strict and long-standing Empire State laws on concealing gun ownership are unconstitutional, saying the NFA law would also guarantee a similar outcome.

“At the end of the day, though, we have a standard that clearly articulates the burden in cases involving restrictions on the right to keep and bear arms,” ​​attorney Zachary Zermay said in his July 1 motion with co-counsel Matthew Larosiere. wrote.

Regarding the June 23 Supreme Court decision, Zelmet and La Rossier argued that gun laws “can only be constitutional if the government exhibits similar restrictions deeply rooted in American history.” Lawyers argue that their position dates back to the passage of the Bill of Rights in 1791.

“Published Standards bridge provides the court with the tools it needs to do so,” the lawyers said.

The motion filed by Hoover’s lawyers also cited testimony from then-U.S. Attorney General Homer Stille Commings to the U.S. Senate in 1934 as to why he was granted tax clearance.

“You see, if we had a statute that absolutely prohibited anyone from owning a machine gun, you might say there are some constitutional issues involved,” Cummings was quoted as saying. “But when you say, ‘We’re going to tax machine guns,’ and when you say, ‘No license showing tax paid indicates a crime,’ you’re easily within the law.”

The 1934 Act and the 1968 Gun Control Act are the primary laws the federal government uses to enforce gun control. If any federal law were to be invalidated in subsequent rulings in this case, it would have broad implications for the federal government’s ability to control and regulate the production and sale of automatic firearms.

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If Howard believes the 1934 law is still in effect, Hoover’s lawyers say the YouTuber should not face criminal charges because Hoover promoted small metal cards that could be used to turn semi-automatic rifles into machine guns. These cards are made by Ervin and sold under the product name “Auto Key Card”.

While prosecutors claimed the cards could be used to convert semi-automatic rifles into machine guns, Hoover’s lawyers said the judge should consider the implications for Second Amendment rights and Hoover’s First Amendment-supported right to free speech.

Prosecutors have yet to respond to the July 1 motion, and Howard has not acted on the request.





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