XLRQ has some good thoughts. It would take a separate case to challenge the Hughes amendment (which prohibits registration of new fully-automatic firearms) specifically, but Parker would probably count as binding precedent IF the Supreme Court upholds it in substantially similar form. I'm not sure how likely that is, but I also find it very hard to imagine how the 2nd Amendment could allow for weaselling around this issue.
What are the points of commonality?
Both the Parker case and the Hughes Amendment are about registration systems that no longer allow new registrations;
Both are purely federal cases, with no issue of state or local authority to contend with;
Both involve weapons with undeniable militia utility;
Both will have a relatively minor impact on existing laws, since states can and do regulate Class III weapons as they choose.
There's even one factor in favor of a challenge to the Hughes Amendment, and that is the almost complete lack of criminal use of registered Class III weapons. Finding criminal use of handguns is not difficult. It's probably not even very difficult to find criminal use of handguns registered in the District by retired police officers.
This entry was published Sun Mar 11 12:09:30 CDT 2007 by TriggerFinger
and last updated 2007-03-11 12:09:30.0.