Federal Machine Gun Ban Faces New Constitutional Challenge in Texas

Austin Reville
5 days ago
3 min read

One of the most controversial restrictions in federal firearms law is heading back to court. A Texas shooting organization and several of its members have filed a federal lawsuit challenging 18 U.S.C. § 922(o)—the law that prohibits civilians from possessing machine guns manufactured after May 19, 1986.

The case, Temple Gun Club v. Bondi, was filed in the U.S. District Court for the Northern District of Texas and directly challenges the constitutionality of the federal machine gun ban established nearly four decades ago.

Who Filed the Lawsuit

The plaintiffs include the Temple Gun Club, a Texas-based nonprofit shooting organization with more than 1,000 members. They are joined by three individual plaintiffs: a retired U.S. Army veteran, a licensed gunsmith, and a longtime firearms enthusiast.

All three plaintiffs argue they would legally manufacture or acquire post-1986 machine guns if federal law allowed them to do so. Their argument centers on a fundamental constitutional question: Did Congress exceed its authority when it banned the possession of newly manufactured machine guns?

The Hughes Amendment

At the center of the lawsuit is the Hughes Amendment, which was added to the Firearm Owners’ Protection Act of 1986. That amendment froze the civilian machine gun registry, allowing private citizens to own only those machine guns registered before May 19, 1986. Because no new machine guns can be added to the civilian registry, the supply is permanently capped.

As a result, legally transferable machine guns have become extremely rare collector items, often selling for tens of thousands of dollars. The plaintiffs argue that the federal government never had the authority to impose that restriction in the first place.

The Constitutional Argument

The lawsuit claims the federal ban exceeds Congress’s authority under the Commerce Clause, which is typically used to justify federal firearms regulations. According to the complaint, the law criminalizes simple possession of a firearm even when there is no connection to interstate commerce.

The plaintiffs argue that regulating mere possession of a firearm inside a state—without evidence of interstate activity—falls outside the powers granted to Congress by the Constitution. In addition to challenging the statute itself, the lawsuit also asks courts to revisit the 1997 case United States v. Knutson, in which the Fifth Circuit Court of Appeals upheld the machine gun ban under the Commerce Clause.

However, the plaintiffs contend that legal developments over the past two decades, particularly the Supreme Court’s evolving Second Amendment jurisprudence, warrant a fresh review of that precedent.

What Happens If the Plaintiffs Win

Importantly, the lawsuit does not challenge the broader National Firearms Act (NFA). Even if the Hughes Amendment were struck down, machine guns would still remain heavily regulated under the NFA. This means background checks, federal registration, and the NFA tax stamp process would still apply.

However, overturning the 1986 ban would reopen the civilian machine gun registry for the first time in nearly 40 years, allowing newly manufactured machine guns to be legally registered by civilians.

Why This Case Matters

For many Second Amendment advocates, the Hughes Amendment represents one of the most controversial restrictions in federal gun law. The lawsuit argues that the federal government cannot simply outlaw the possession of firearms without a clear constitutional justification. As one attorney involved in the case stated, “It’s never too late to claw back liberties that the federal government has taken beyond its constitutional authority.”

At 2 If By Sea Tactical, we will be watching this case closely. With courts across the country increasingly examining federal firearms laws through a constitutional lens, Temple Gun Club v. Bondi could become an important test of the limits of federal power over firearm ownership. While the lawsuit is just beginning, its outcome could have significant implications for the future of federal firearms regulation in the United States.

Here at 2 If By Sea Tactical we strive to bring you the best experience in the firearms world. As we continue to grow the media arm of 2 If By Sea, make sure you keep tuning in to our Youtube and Rumble channels and right here at “The Patriot’s Almanac” to stay informed on the latest happenings in the firearm world! But we are not lawyers, so this isn't legal guidance. We are proud to be Southern Minnesota source for all things 2A.