Fifth Circuit Upholds Judge Lynn’s Decision Finding That Second Amendment Does Not Protect Machineguns

On June 30, 2016, the Fifth Circuit issued its decision in Hollis v. Lynch (available here). The Fifth Circuit upheld Judge Lynn’s decision holding that machineguns are not protected by the Second Amendment. Notably, the Court found that “[t]he Second Amendment does not create a right to possess a weapon solely because the weapon may be used in or is useful for militia or military service.” Ultimately, the Court found that “[m]achineguns are dangerous and unusual and therefore not in common use. They do not receive Second Amendment protection[.]”