Simone Lawson
The Hughes Amendment, passed in 1986, bans the sale of machine guns to civilians in most cases. It was an amendment to the Firearms Owners Protection Act (FOPA), which was an update to the Gun Control Act of 1968. The Hughes Amendment has been challenged as unconstitutional, particularly in relation to the Second Amendment, which protects the right of citizens to keep and bear arms. While some argue that the Hughes Amendment is unconstitutional, others contend that it is constitutional and necessary for public safety. The Supreme Court has not specifically ruled on the Hughes Amendment, and lower court decisions on its constitutionality have been mixed.
| Characteristics | Values |
|---|---|
| Type of Amendment | Ban on the sale of machine guns to civilians |
| Part of | Gun Bill |
| Passed in | 1986 |
| Passed by | Rep. William J. Hughes |
| Passed as | House Amendment 777 to H.R. 4332 |
| Modified | 18 U.S.C. § 922 |
| Modified by adding | Subsection (o): (o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machine gun. |
| Date subsection takes effect | May 19, 1986 |
| Constitutionality | Unconstitutional on 2A grounds in a criminal case |
| Current status | Still a law across the country |
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What You'll Learn
The Hughes Amendment bans the sale of machine guns to civilians
The Hughes Amendment, proposed by Rep. William J. Hughes (D-N.J.), was an amendment to the Firearms Owners Protection Act (FOPA) of 1986. FOPA was an update to the Gun Control Act of 1968, which loosened restrictions on gun laws. In contrast, the Hughes Amendment added a provision banning the sale of machine guns to civilians. The amendment specifies that:
> it shall be unlawful for any person to transfer or possess a machine gun. This subsection does not apply [...] to any lawful transfer or lawful possession of a machine gun that was lawfully possessed before the date this subsection takes effect.
The Hughes Amendment has been criticised for violating the Second Amendment, which protects the individual right of private citizens to own and carry firearms. In 2024, a Kansas man's charges for illegal machine gun possession were dismissed as unconstitutional under the Second Amendment. However, this was a district-level criminal court decision and does not constitute binding precedent. The Hughes Amendment remains law across the United States.
The constitutionality of the Hughes Amendment is a contentious issue. Some argue that it is constitutional, while others claim that it infringes on Second Amendment rights. The Supreme Court has not specifically ruled on the Hughes Amendment, and it has not been challenged at the Circuit Court level.
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The Hughes Amendment is in violation of the 2nd Amendment
The Hughes Amendment, passed in 1986, bans the sale of machine guns to civilians. This amendment is in violation of the 2nd Amendment, which protects the right of individuals to keep and bear arms. While some argue that the Second Amendment only applies to weapons commonly used by citizens at the time of its enactment, this interpretation is not universally accepted. The Hughes Amendment has been challenged in court, with some rulings finding it unconstitutional, but it remains in effect and has not been struck down.
The Hughes Amendment was added to the Firearms Owners Protection Act (FOPA) of 1986, which updated the Gun Control Act of 1968. FOPA loosened restrictions on gun laws, such as removing the requirement to record non-armor-piercing ammunition purchases. However, the Hughes Amendment specifically banned civilian ownership of machine guns, except for those already legally owned when the law took effect on May 19, 1986. This means that only machine guns manufactured over three decades ago are available for civilian possession.
The Second Amendment to the United States Constitution guarantees "the right of the people to keep and bear Arms." The interpretation of this amendment has been a subject of debate, with some arguing that it protects an individual's right to own firearms for self-defense and other purposes. A 1982 Senate subcommittee report on the Second Amendment concluded that it protects the individual right of private citizens to own and carry firearms in a peaceful manner. This report also criticized ATF prosecutions, suggesting that reforms would enhance constitutional and civil liberties for Americans who choose to exercise their Second Amendment rights.
The Hughes Amendment has been challenged in court on the basis that it violates the Second Amendment. In August 2024, a Kansas man's charges for illegal machine gun possession were dismissed as unconstitutional under the Second Amendment. This decision, made by District Judge John W. Broomes, set a non-binding precedent that can be cited in challenging the Hughes Amendment. However, it is important to note that this was a district-level criminal court decision, and the Hughes Amendment has not been officially struck down.
While the Hughes Amendment remains in effect, it is clear that it infringes on the Second Amendment rights of citizens to keep and bear arms. The amendment restricts civilian access to machine guns, which are considered "weapons of war." This ban on civilian ownership of certain types of firearms can be seen as a deprivation of liberty and a violation of constitutional rights. The debate around the Hughes Amendment and its compatibility with the Second Amendment continues, with some calling for its repeal to legalize weapons of war and ensure equal access to firearms.
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The Hughes Amendment is still law across the US
The Hughes Amendment, passed in 1986, bans the sale of machine guns to civilians. This amendment was proposed by Rep. William J. Hughes (D-N.J.) and bans the civilian ownership of new machine guns. The Hughes Amendment is an addition to the Firearms Owners Protection Act (FOPA) of 1986, which itself was an update to the Gun Control Act of 1968.
The Hughes Amendment has been criticised for being poorly written and for infringing on the Second Amendment. In August 2024, a Kansas man's charges for illegal machine gun possession were dismissed as unconstitutional under the Second Amendment. This ruling, however, was made at a district level, and the Hughes Amendment has not been challenged at the Supreme Court level.
Despite this, the Hughes Amendment is still law across the US. The 2024 ruling does not set a binding precedent, and the amendment has not been struck down. The government argues that the Second Amendment only applies to weapons commonly used by citizens at the time of its enactment.
The Hughes Amendment continues to be a controversial topic, with some arguing for its repeal on the grounds of Second Amendment rights and fairness.
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The Hughes Amendment was a last-minute House floor amendment
The Hughes Amendment, proposed by Rep. William J. Hughes (D-N.J.), was a last-minute House floor amendment to the Firearms Owners Protection Act (FOPA) of 1986. FOPA was an update to the Gun Control Act of 1968, which loosened restrictions on gun laws. The Hughes Amendment, on the other hand, added a section banning civilian transfer or ownership of machine guns, except for those already legally owned when the law took effect on May 19, 1986.
The amendment was added to the FOPA during the final stages of debate before moving on to the Senate. Specifically, it modified the act to ban the civilian ownership of new machine guns by amending 18 U.S.C. § 922 to include a new subsection (o). This subsection made it unlawful for any person to transfer or possess a machine gun, with certain exceptions, such as for government agencies or lawful possession before the subsection's effective date.
The Hughes Amendment has been criticised as being poorly written and in violation of the Second Amendment. Some argue that it infringes on the right of private citizens to own and carry firearms, as protected by the Second Amendment. Despite these criticisms, the amendment has been upheld by the courts and remains in effect across the country.
While there was a district-level criminal court decision in August 2024 that found the Hughes Amendment unconstitutional on Second Amendment grounds, this ruling does not set a binding precedent. The decision can still be appealed, and the amendment has not been struck down.
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The Hughes Amendment was added to the Firearms Owners Protection Act
The FOPA addressed the abuses noted in the 1982 Senate Judiciary Subcommittee report, which found that 75% of ATF prosecutions targeted law-abiding citizens who were enticed by agents into unknowingly committing technical violations. The report concluded that reform of federal firearms law would enhance the protection of constitutional and civil liberties for Americans who choose to exercise their Second Amendment right to keep and bear arms.
The Hughes Amendment, as a last-minute addition to the FOPA, was poorly written and has been criticised for infringing on Second Amendment rights. However, it has not been challenged at the Supreme Court level. The amendment is enforced as intended, rather than as written, and has made purchasing other firearms easier by removing older, restrictive laws.
The FOPA made several other changes to firearms laws, including reopening interstate sales of long guns on a limited basis, legalising ammunition shipments through the US Postal Service, removing record-keeping requirements for non-armor-piercing ammunition sales, and providing federal protection for the transportation of firearms across state lines.
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Frequently asked questions
The Hughes Amendment was an amendment to the Firearms Owners Protection Act of 1986. It banned the sale of machine guns to civilians.
There are differing opinions on the constitutionality of the Hughes Amendment. Some argue that it infringes on the Second Amendment right to keep and bear arms. Others argue that the Second Amendment only applies to weapons commonly used by citizens at the time of its enactment. The Supreme Court has not ruled on the Hughes Amendment specifically, but lower courts have upheld it.
Yes, the Hughes Amendment has been challenged in lower courts. In August 2024, a district judge threw out charges against a Kansas man for illegal machine gun possession as unconstitutional under the Second Amendment. However, this decision only applied to that specific case and did not set a binding precedent. The Hughes Amendment remains law across the country.
