10th Circuit: Machine Guns Outside Second Amendment Protection

A recent decision from the 10th U.S. Circuit Court of Appeals ruled that machine guns are not protected under the Second Amendment for self-defense. The ruling originated from a Kansas case but directly impacts New Mexico, which falls under the court’s jurisdiction.

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ALBUQUERQUE, NM (2-minute read) — New Mexicans can’t legally claim the use or possession of machine guns for self-defense, following a ruling handed down by the 10th U.S. Circuit Court of Appeals earlier this week.

The court’s decision stems from a case in Kansas, but because New Mexico is part of the 10th Circuit’s jurisdiction, the outcome directly affects residents of the state. The case involved a man who argued that his right to possess a machine gun was protected by the Second Amendment of the U.S. Constitution.

However, the court disagreed, stating that machine guns are not commonly used or accepted for lawful self-defense purposes. Therefore, they fall outside the scope of Second Amendment protections as clarified by previous Supreme Court rulings like District of Columbia v. Heller. In that landmark case, the Court established that the Second Amendment protects firearms “in common use” for lawful purposes like self-defense, but not those deemed “dangerous and unusual.”

What This Means for Gun Owners in New Mexico

For firearm owners in New Mexico, the decision reinforces the importance of understanding not only state laws but also how federal courts interpret the Second Amendment. While semi-automatic handguns and rifles remain legal for personal defense , fully automatic firearms, including machine guns, are heavily regulated under federal law through the National Firearms Act (NFA).

Possession of a machine gun made after 1986 is illegal for civilians under federal law. Those made before that year are still legal, but only with rigorous background checks, federal registration, and significant legal hurdles.

Safety Tip: Understand which firearms are legally permissible for self-defense in your state. Federal laws, court rulings, and state statutes all intersect, so it’s crucial to stay informed and consult legal counsel when necessary.