Sixth Circuit Upholds Machine Gun Ban

Zion Patriot,

On August 7, 2025, the Sixth Circuit Court of Appeals issued a decision in United States v. Bridges, upholding the federal machine gun ban under 18 U.S.C. § 922(o). The ruling has stirred debate within Second Amendment circles, especially in light of the Supreme Court’s 2022 landmark decision in NYSRPA v. Bruen, which redefined how courts must evaluate gun laws.

🔍 Background: How the Case Came to Be

The case began with Jaquan Bridges, who was arrested in 2021 after firing a weapon from a moving vehicle during a police pursuit in Kentucky. The firearm, a Glock .40-caliber handgun, had been modified with a conversion device (often called a “Glock switch”), which allows the pistol to fire fully automatic — classifying it as a machine gun under federal law.

Bridges was charged with violating 18 U.S.C. § 922(o), the federal statute that bans civilian possession of newly manufactured machine guns. The ban, enacted in 1986 through the Hughes Amendment to the Firearm Owners Protection Act, prohibits private citizens from possessing machine guns made after May 19, 1986.

Bridges pleaded guilty but challenged the constitutionality of the law, arguing that it violated his rights under the Second Amendment — especially as reinterpreted by the Supreme Court in Bruen.

⚖️ What the Sixth Circuit Decided

In a 3-0 decision, the Sixth Circuit rejected Bridges’ challenge. Writing for the panel, Judge Richard Griffin held that machine guns are:

“…dangerous and unusual weapons that fall outside the scope of Second Amendment protection.”

This phrasing echoes language from District of Columbia v. Heller (2008), in which the Supreme Court stated that the Second Amendment does not protect “dangerous and unusual weapons.”

The court concluded that because machine guns are not “in common use” by law-abiding citizens for lawful purposes, and because they are primarily associated with military use and criminal activity, the federal ban does not violate the Second Amendment — even under Bruen’s historical-tradition test.

Judge John Nalbandian, while concurring with the judgment, expressed concerns that courts are applying Heller’s “dangerous and unusual” carve-out without the historical analysis that Bruen now demands. Still, he agreed that the ban could be upheld in this case.

🔄 But Wait — Isn’t That Inconsistent With Bruen?

That’s where things get interesting.

In Bruen, the Supreme Court said that any law restricting Second Amendment rights must be justified by historical tradition — no more “interest balancing” or vague public safety arguments. The government bears the burden of showing that the regulation has a historical analogue from the Founding era (or, possibly, the Reconstruction era).

Critics of the Bridges ruling argue that the Sixth Circuit skipped the historical analysis, leaning instead on Heller’s categorical “dangerous and unusual” exception — a test that Bruen arguably made obsolete.

And here’s the kicker: machine guns were legally owned by civilians for decades, and even today, more than 700,000 are registered in the U.S. — though only about 175,000 are transferable to civilians. The rest are held by dealers, manufacturers, or government entities.

So are they really “unusual”? That’s now an open constitutional question.

🔮 What Happens Next? The Road Ahead

Bridges’ legal team now has two options:

1. Request a Rehearing En Banc

  • They can ask the entire Sixth Circuit — which currently has 16 active judges — to reconsider the case in what’s called an en banc rehearing, rather than just the original 3-judge panel.
  • This is rare and typically only granted when a case presents an issue of exceptional importance — or when the panel may have overlooked or misapplied Supreme Court precedent (cough Bruen).
  • Deadline: Typically within 14–45 days of the decision.

2. Petition the U.S. Supreme Court

  • Bridges can file a petition for certiorari, asking the Supreme Court to take the case.
  • If SCOTUS agrees, it could become the vehicle for a nationwide showdown over machine guns and the scope of the Second Amendment post-Bruen.
  • Deadline: Must file within 90 days of the Sixth Circuit’s judgment (early November 2025).

If the petition is granted, the Court would likely hear arguments in early-to-mid 2026, with a ruling by June 2026.

⚠️ Will the Supreme Court Take the Case?

It’s unclear.

So far, every federal court that has reviewed § 922(o) post-Bruen has upheld it. That means there’s no circuit split — a factor the Supreme Court often looks for when deciding whether to hear a case.

But if another circuit — like the Fifth Circuit — rules differently in a related challenge, such as the bump stock or forced-reset trigger disputes, a true split could emerge. For example:

  • Bump Stocks: The Fifth Circuit, sitting en banc, ruled that bump stocks do not meet the statutory definition of a “machine gun” — a decision the Supreme Court affirmed in Garland v. Cargill, creating binding precedent and a sharp contrast with rulings from other circuits.
  • Forced‑Reset Triggers (FRTs): While the Fifth Circuit appeared poised to challenge the ATF’s interpretation, the case was ultimately settled — with the DOJ withdrawing its appeal and agreeing to cease enforcement. Though no ruling was issued, the result underscored growing judicial and political pressure against expansive ATF interpretations.

These Fifth Circuit developments — particularly when paired with contrary decisions elsewhere — could pave the way for the Supreme Court to intervene. A genuine circuit split over how Bruen applies to NFA‑regulated firearm components would significantly increase the odds that the Court takes up the Bridges case, potentially reshaping Second Amendment jurisprudence.

📌 Final Thoughts

The Bridges case raises a critical constitutional question:

If the Second Amendment protects the right to keep and bear arms, and if Bruen demands historical justification for any restriction — can a law banning an entire class of firearms really stand?

The Sixth Circuit says yes. But that may not be the last word.

Stay tuned. The fight over the future of the federal machine gun ban is far from over.

2A News Gun Control