[U]nder Heller, Fincher's possession of the guns is not protected by the Second Amendment. Machine guns are not in common use by law-abiding citizens for lawful purposes and therefore fall within the category of dangerous and unusual weapons that the government can prohibit for individual use. [The court apparently took the same view as to Fincher's sawed-off shotgun. -EV] Furthermore, Fincher has not directly attacked the federal registration requirements on firearms, and we doubt that any such attack would succeed in light of Heller.
There's more, dealing with Fincher's pre-Heller arguments that his membership in a non-state-run militia group gave his actions constitutional protection.
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