The United States Court of Appeals for the Eleventh Circuit has ruled that machine guns are not protected by the Second Amendment, citing the late Supreme Court Justice Antonin Scalia’s opinion in District of Columbia v. Heller. The court held that machine guns are dangerous and unusual weapons, and can be banned under the United States Constitution.
The case, United States v. Maxon Alsenat, involved the conviction of Maxon Alsenat under 18 U.S.C. § 922(o)(1), which prohibits the possession of a machine gun (including conversion devices). Mr. Alsenat was indicted in the Southern District of Florida for knowingly possessing a machine gun conversion device (MCD). In this case, police claimed that he possessed three Glock switches, which they say he tried to sell to an undercover officer. He moved to dismiss the indictment on Second Amendment grounds. The district court denied the motion, finding that machine guns are not in common use and are dangerous and unusual. The court also ruled that conversion devices are not “arms.” In the court’s view, MCDs are “accessories” and therefore not protected by the Second Amendment.
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