Category: All About Guns

In a recent case out of Hawaii, a U.S. District Court has upheld a federal gun ban, denying a motion to dismiss the indictment of Christopher Chan, who was charged with unlawfully possessing a machine gun and a short-barreled rifle. Judge Derek Watson, appointed by President Obama, ruled that these types of firearms are not protected under the Second Amendment. While the court’s decision isn’t surprising, given the political landscape in Hawaii, it raises critical issues about how the Second Amendment is being interpreted today.

The Case: U.S. v. Christopher Chan

The case stems from an incident where Christopher Chan was found in possession of a short-barreled rifle and a machine gun. These are firearms that, under the National Firearms Act (NFA), must be registered, and in this case, they weren’t. Chan’s legal team argued that the charges violated his Second Amendment rights, asserting that these firearms are “arms” protected by the Constitution. They also challenged the Commerce Clause, arguing that Congress didn’t have the authority to regulate the possession of these firearms.

However, Judge Watson’s decision struck down both arguments, claiming that neither the short-barreled rifle nor the machine gun falls within the scope of the Second Amendment’s protection. This ruling is significant because it highlights the ongoing tension between federal gun laws and the constitutional right to bear arms.