Guns and the Truth, the Whole Truth and…

Heckler & Koch M27 Infantry Automatic Rifle
Guns and the Truth, the Whole Truth and…
Second Amendment Patriots

Indiana – -( swear to tell the truth, the whole truth and nothing but the truth”? We hear that in a lot of movies with courtroom scenes.

Well a couple of days ago in the Evansville Courier there was an editorial that didn’t quite state the truth. It may have just been a mistake, but the editorial was written by the Evansville Bar Association and given the names of the judges and lawyers who were associated with the letter you’d think they would know better, we hope.

You can read the article for yourself. It was about Constitution Day and the Second Amendment.

You’ll notice the paragraph I’ve highlighted is not true. It’s incorrect:

“Some types of weapons, however, remain banned, including those thought by some to be “assault rifles.” For example, it is a felony in Indiana to own, possess, or operate a machine gun, which is defined as a weapon that automatically shoots “more than one shot, without manual reloading, by a single function of the trigger.”

If whoever wrote the article would have read the Indiana Criminal Code I’ve sighted they would see that a lawful person can absolutely own such firearms as one can see in ,

IC 35-47-5-10
Applicability of statutes relating to machine guns
Sec. 10. The provisions of section 8 or 9 of this chapter shall not
be construed to apply to any of the following:
(1) Members of the military or naval forces of the United States,
National Guard of Indiana, or Indiana State Guard, when on
duty or practicing.
(2) Machine guns kept for display as relics and which are
rendered harmless and not usable.
(3) Any of the law enforcement officers of this state or the
United States while acting in the furtherance of their duties.
(4) Persons lawfully engaged in the display, testing, or use of
(5) Agencies of state government.
(6) Persons permitted by law to engage in the business of
manufacturing, assembling, conducting research on, or testing
machine guns, airplanes, tanks, armored vehicles, or ordnance
equipment or supplies while acting within the scope of such
(7) Persons possessing, or having applied to possess, machine
guns under applicable United States statutes. Such machine guns
must be transferred as provided in this article.
(8) Persons lawfully engaged in the manufacture, transportation,
distribution, use or possession of any material, substance, or
device for the sole purpose of industrial, agricultural, mining,construction, educational, or any other lawful use.

As added by P.L.311-1983, SEC.32. Amended by P.L.104-2000, SEC.5; P.L.123-2002, SEC.45.

The problem we have here is that most of the general public who have no knowledge of firearms or firearm laws will read this as absolute gospel. After all, if it’s in the paper it must be true and especially if written by such distinguished people.

I point this story out only for the purpose of bringing attention to the struggle of trying to protect gun rights in an environment of those who write about the Second Amendment and yet don’t fully understand some of the elements that are associated with the topic.

Hope you can make the 2nd Amendment Patriots meeting this Saturday. Margie says to make it a pizza night.

Jim and Margie
2nd Amendment Patriots

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Jim Macklin

Law schools might give 15 minutes to the Second Amendment. Typically they completely ignore the true history. If there is any discussion of Supreme Court cases they will get it wrong. They will tell the law students that the 1939 MILLER case was decided and machine guns are illegal. The fact is that the MILLER case was not decided, it was remanded for trial because the Arkansas trial court had declared the 1934 NFA to be unconstitutional before any testimony. The SCOUS said “it is not within judicial notice” which was because there was nothing for them to review. There… Read more »