David Codrea: Lawsuit challenges federal machine gun ban

A complaint for declarative and injunctive relief was filed Thursday in the United States District Court for the Northern District of Texas Dallas Division. Plaintiff Jay Aubrey Isaac Hollis, acting individually and as trustee of a revocable living trust, is suing Attorney General Eric H. Holder, Jr. and Bureau of Alcohol, Tobacco, Firearms and Explosives Director B. Todd Jones in their official capacities for administering, executing and enforcing “statutory and regulatory provisions [that] generally act as an unlawful de facto ban on the transfer or possession of a machine gun manufactured after May 19, 1986.
“By imposing such a ban on an entire class of weapons, the statutes and regulations exceed the power of the United States,” the complaint states. It makes its case by citing violations of Article I of the United States Constitution, the Second, Ninth and Tenth Amendments, and “principles of federalism and dual sovereignty.
 
“[B]y arbitrarily ‘disapproving’ an already approved Form 1, Defendants’ actions violate Plaintiff’s Fifth Amendment right to due process and is an unjust taking; and violate the Equal Protection clause of the Fourteenth Amendment,” the complaint continues. “Plaintiff seeks declaratory and injunctive relief against ... unconstitutional provisions ... declaring the ban on machine guns unconstitutional ... and declaratory and injunctive relief prohibiting Defendants from unjustly taking property without Due Process.

“In the alternative, Plaintiff seeks declaratory and injunctive relief finding that [United States Code] does not prohibit an unincorporated trust from manufacturing or possessing a machinegun manufactured after May 19, 1986 and/or that the Defendants lack the authority and are thus prohibited from revoking or denying the validity of Plaintiff’s approved tax stamp,” the complaint declares. Costs of the suit, attorney fees and “[a]ny other further relief as the Court deems just and appropriate” are also being sought.

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