The Tenth Circuit just reversed a lower court and reinstated charges against a man caught with a converted AM-15 and a Glock “switch.” The panel said machine guns aren’t “in common use” for self-defense, ergo… the Second Amendment does not protect them. That outcome isn’t our dream on the merits—but strategically, it’s a win because it keeps a risky machine-gun test case away from the current Supreme Court while we push the cleaner AR-15 and magazine cases.
What The Court Actually Said
The court framed the question at Bruen step one: are machine guns “arms” in common use for self-defense? It answered no and emphasized that possession/use data and common-sense self-defense needs don’t point to full-auto guns. The opinion notes the government can prohibit weapons not typically possessed by law-abiding citizens for lawful purposes, citing Heller.
In reversing the district court, the panel wrote that the defendant failed to show his machine guns are “arms in common use for self-defense,” and it highlighted that self-defense doesn’t require “firing more than 1,000 rounds per minute.”
Local news outlets are already spinning it this way: in states under the Tenth Circuit (like New Mexico), machine guns aren’t protected for self-defense. That’s a narrow, case-specific takeaway—but it’s how the public is hearing it.
Why Pro-2A Folks Shouldn’t Panic
- Bad facts make bad law. This case involved a criminal defendant, a converted rifle, and a Glock switch on video. That’s NOT the plaintiff profile we want setting national Second Amendment precedent.
- A Supreme Court machine-gun case right now is high-risk. If SCOTUS took a full-auto case today, the most likely result would be a broad loss that anti-gun states would weaponize against semi-autos and standard magazines. Let this one stay a circuit decision. (Reuters rightly reported how the panel leaned on Heller’s “dangerous and unusual” lane.)
- Keep eyes on the real prize. The cleanest path is winning that AR-15s and standard-capacity mags are in common use for lawful purposes, which locks in protection for the most popular rifles and gear in America. Heller / Bruen already points there; we need the right plaintiffs and records.
The Court’s Method (and Why It’s Messy)
The Tenth Circuit treated “common use for self-defense” like a threshold plain-text question instead of a historical question the government must justify—an approach many scholars and courts dispute. Even so, the Judicial panel leaned on Heller’s carve-outs and the historical “dangerous and unusual” concept to keep § 922(o) intact. Net effect: The result stands, and the reasoning is debatable, but it doesn’t rewrite Bruen nationwide.
What This Means For You (For Now)
- Nothing changes about semi-autos. This case is about machine guns and switches—not your AR-15, not your Glock, not your mags.
- Full-auto stays off-limits to civilians made after 1986. That’s been the landscape for decades, and this decision keeps it that way in the Tenth Circuit.
- Separate wins are still happening. The same Tenth Circuit recently knocked down New Mexico’s 7-day waiting period—proof that Bruen is still moving the ball downfield on core carry/purchase rights even if machine guns remain out of bounds.
Bottom Line
If you were hoping for a green light on full-auto, this isn’t it.
But for the broader Second Amendment fight, keeping a messy machine-gun case away from SCOTUS while we line up better plaintiffs and cleaner records on AR-15s and magazines is the smarter play. Win the battles that protect what millions of law-abiding Americans actually own and carry every day—and don’t let a bad-facts case set the rules for all of us.
We are in dangerous times! We are NOT meeting our funding goals! Will you help out?
10th Circuit Strikes Down New Mexico’s 7-Day Gun Waiting Period
Evolution of Machine Guns: A Historical Perspective by David Kopel ~ VIDEO
First off, I don’t know everything, but I have never heard of an AM-15. Second, the whole premise that fully auto is not in typically in use for self-defense is bullshit. For instance. R-12 which is a refrigerant that was used for automobiles is now against the law because the leftists stated that it was destroying the ozone even though the truth is that it is heavier than air and does not go up into the atmosphere, but their lies worked. It was something that everyone could use and now is banned and we had to convert to R-123A. Now… Read more »
You might reword, “Full-auto stays off-limits to civilians made after 1986,” to “Full-auto made after 1986 stays off limits to civilians.” I read your version to mean no full-auto for civilians under the age of 39.
Machine guns were in common use before the illegal passing of NFA bill in 1934!!! You could go to your local hardware and buy a full auto Tommy gun over the counter with not having to register them and pay the ridiculous $200 tax.
“The court framed the question at Bruen step one: are machine guns “arms” in common use for self-defense? It answered no and emphasized that possession/use data and common-sense self-defense needs don’t point to full-auto guns.” Two issues. First, “common-sense self-defense”. Does any of the judges have any actual experience to draw on to actually make this judgement? If not, how could they possibly know what is Common-sense self-defense? If a Bear is running at you, A “machine gun” would be very useful in self-defense. What are machine guns bad at, hitting the target from any significant range. This means when… Read more »
“he opinion notes the government can prohibit weapons not typically possessed by law-abiding citizens for lawful purposes, citing Heller.”
Heller was wrong on this point. There for this point is null and void.
HLB
One has to wonder if this machine gun case wasn’t manufactured for a different outcome.
According to Our American Constitution, Legal Law Abiding American Citizens ARE — ARE able to own carriable arms which Our American Military USES. This INCLUDES FULL AUTOMATIC RIFLES! These Left Leaning ACTIVIST “judges” MUST take a REFRESHER-COURSE on American Citizens’ RIGHTS and FREEDOMS! IF these RADICALIZED STUPID “judges” do not take a, DOCUMENTED, CONSTITUTIONAL REFRESHER-COURSE They MUST be REMOVED FROM OFFICE AND DISBARRED!
Well, since several of the founders stated, on numerous occasions, that the purpose of the 2nd Amendment was to allow the people of the United States the wherewithal to overthrow the government should the government become despotic, that would logically, entitle “the people” to keep & bear any and all weapons the U.S. military might use against them – including, but not limited to, machine guns. This whole “in common use for self defense” bullshit is just another failure of a chickenshit Supreme Court.
Is it just me? Or is perhaps the reason full-auto weapons aren’t “in common use” is because they’re banned/highly regulated, preventing them from ever becoming in common use?
Well..my hand picked know it all expert gun Judge’s interpretation says.
“13 US made parts and under 1000 rounds per min are now legal, because your blowhard said so.”
Seem fairly reasonable, considering most modern belt-fed guns. Don’t have that cyclic rate of fire anyway.