United States v. Matthew Henry
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
M. SMITH, Circuit Judge:
Defendant-Appellant Matthew Wayne Henry appeals his conviction for illegal possession of a homemade machine gun, under 18 U.S.C. § 922(o). He contends that he has a Second Amendment right to possess a homemade machine gun in his home. We reject this argument because machine guns are “dangerous and unusual weapons” that are unprotected by the Second Amendment. Dist. of Columbia v. Heller, 554 U.S. 570, 627, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). Henry also argues that Congress did not have the power to enact § 922(o )’s prohibition against possessing machine…
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