United States v. Wilson - Interesting Dissents on "Dangerous and Unusual" Aspect of Machine Guns

Been waiting for a “comprehensive” article to cover this recent decision and dissents.

The current case decision in a nutshell:


Full ruling of 5th Circuit Court of Appeals:

News2A article on the decision:

… While the facts of this case are unfavorable to Mr. Wilson, the case itself is yet another example of an appeals court circumventing the most significant and powerful precedent yet given by the Supreme Court on how to address, view, and rule upon Second Amendment rights.

But yet, there are cracks in this decision…

https://xcancel.com/scotus_wire/status/2011164707424788834#m

One judge entered a “dubitante” (dubious/doubting?) opinion:

A dubitante (pronounced d[y]oo-bi-tan-tee) opinion indicates that “the judge doubted a legal point but was unwilling to state that it was wrong.” Judges rarely write dubitante opinions or use the term, and informal polling suggests not many legal scholars are aware of the practice. …

Another judge concurred:

Whether these “cracks” (doubt on the “dangerous and unusual” test for machine guns) will make it to SCOTUS soon - unknown.