The Fifth Circuit denied en banc review by a one-vote majority in Temple Gun Club v. Blanche by a Texas gun club and three gun owners on whether the Hughes Amendment, which generally prohibits civilian possession and transfer of machine guns not lawfully possessed before May 19, 1986, conflicts with the Commerce Clause. Appeal goes to a three-judge panel that cannot overturn precedent on 18 U.S.C. § 922(o) but could support an en banc request. Judge Andrew S. Oldham, joined by Judge James Ho, dissented that as far as he is aware no historical tradition justifies modern machine gun ban.