The gold standard of excellence for more than 80 years, Bloomberg BNA’s The United States Law Week® is the most authoritative way to keep up with important cases and other legal developments...
July 1— A trust can't possess a machine gun under federal law, the U.S. Court of Appeals for the Fifth Circuit held June 30 ( Hollis v. Lynch, 2016 BL 211710, 5th Cir., No. 15-10803, 6/30/16 ).
Plaintiff Jay Aubrey Isaac Hollis's argument that the trust, not he, would make and possess the machine gun “strains common sense and misunderstands trust law,” Judge Leslie H. Southwick wrote for the court.
The Fifth Circuit joined the Third Circuit in holding that the Gun Control Act's prohibition against machine gun possession extends to trusts. United States v. Palmetto State Armory PA-15 Machinegun Receiver/Frame, 2016 BL 157880 (3d Cir. 2016) (84 U.S.L.W. 1741, 5/26/16).
The Gun Control Act prohibits any person from possessing a machine gun, the court said.
A trust is a relationship, not a legal entity, and a trustee has legal title and right of possession of the trust property, it said.
“Thus, Hollis, a person, would in fact possess the machine gun even if he is a trustee,” it said.
Nor does the Gun Control Act violate Hollis's Second Amendment right to bear arms, the court said.
This right isn't unlimited and doesn't apply to “ ‘dangerous and unusual,' ” weapons that are not in common use, it said.
There is no set of statistics that “allow a conclusion that a machine gun is a usual weapon,” it said, affirming the district court.
Judges Carolyn Dineen King and Catharina Haynes joined the opinion.
Stamboulieh Law, PLLC, and Law Office of Alan Beck represented Hollis.
The U.S. Department of Justice represented the government.
To contact the reporter on this story: Melissa Heelan Stanzione in Washington at email@example.com
To contact the editor responsible for this story: Jessie Kokrda Kamens at firstname.lastname@example.org
Full text at http://src.bna.com/gsN.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)