Dismissal of Post-1986 Machine Gun Ban Challenge Appealed

By David Codrea

A Notice of Appeal was filed Tuesday in the United States District Court for the Northern District of Texas, Dallas Division, by plaintiff Jay Aubrey Isaac Hollis in his complaint against Attorney General Loretta Lynch and ATF Acting Director Thomas E. Brandon. The original Hollis v. Holder/Jones lawsuit, since renamed to reflect top level personnel changes, sought relief against the de facto ban on the transfer or possession of a machine gun manufactured after May 19, 1986. The appeal is necessary to keep the case going forward after the court issued an August 7 opinion and order siding with the government and dismissing the case.

The case, which received a boost when the Heller Foundation announced it would assist with the fundraising, was initially filed after ATF revoked an approved tax stamp, something Hollis argued it had no statutory authority to do. Still, what made him even think he could apply in the first place, what with the Hughes Amendment prohibition in the so-called Firearms Owners Protection Act stating “[I]t shall be unlawful for any person to transfer or possess a machinegun” made after the law took effect?

Hollis applied …read more

Source:: Truth About Guns