The Fifth Circuit’s recent smackdown on machine gun bans isn’t the victory lap gun rights folks were hoping for—it’s a stark reminder that the road to reclaiming our full Second Amendment protections is paved with more judicial potholes than a backwoods range. In a ruling that’s got the 2A world buzzing, the court upheld the federal Hughes Amendment, effectively keeping civilian access to post-1986 machine guns locked behind ATF red tape. Sure, they tossed a bone by striking down the bump stock ban in a related thread, affirming that those accessories don’t magically transmogrify a semi-auto into a full-auto death ray. But let’s call it what it is: a half-measure that leaves the National Firearms Act’s most draconian pillar standing tall, proving the courts are still tiptoeing around shall not be infringed like it’s a suggestion rather than a command.
Dig deeper, and this decision exposes the fragility of our incremental wins. Remember how Garland v. Cargill finally buried the bump stock boogeyman at SCOTUS? That was a masterclass in textualism, with the conservative majority dissecting ATF overreach like a field-dressed buck. Yet here comes the Fifth Circuit, bound by circuit precedent on the Hughes Amendment—a shady 1986 add-on slipped into law via voice vote without a quorum, voice recordings, or even a proper roll call. Critics, including sharp legal minds like those at Gun Owners of America, argue it’s unconstitutional vaporware, but the panel punted, deferring to Congress instead of wielding the Second Amendment like the sword it is. This isn’t just legalese; it’s a symptom of assault weapon hysteria’s lingering poison, where judges nod to public safety myths over Heller’s core holding that the right to bear arms extends to weapons in common use.
For the 2A community, the implications are crystal: celebrate Cargill’s ripples, but double down on the fight. This ruling turbocharges cases like Mock v. Garland, where plaintiffs are gunning for the Hughes Amendment’s scalp at en banc review or SCOTUS. It’s a call to arms—figuratively, for now—to flood statehouses with pro-2A legislators, support orgs like the Firearms Policy Coalition, and keep the pressure on. We’ve clawed back suppressors and SBRs in friendly states via hearing protection acts and short-barrel reforms; machine guns are next if we stay vigilant. The Fifth Circuit just handed us a roadmap of pitfalls, but also a rallying cry: the battle for full auto freedom is far from over, and we’re loaded for bear.