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I don't understand what kind of lawsuit they are talking about.

A while back, I asked my lawyer friend: How can I get the Supreme Court to judge the Constitutional validity of the ban on modern machineguns? His answer: Get convicted of possession and appeal the case up to the Supreme Court.

Is there any way, without first getting convicted, to get the Court to judge the ban?

I would give whatever I could, whenever I could.


Probably result in several hundred over a period of time..

Even my AR15.com membership fund would go to it! [:p]

In US v. Miller, they ruled that the Second Amendment applied to weapons with a militia use. But then NFA'34 came out. If those same judges were here today, and ruled the same way, we would be able to buy M-16's, since they are the basic grunt weapon, and it would probably also cover M-60's and SAW's.

I would not support the 'military suitable' portion of that suit.
Too much chance of that thing blowing up in our faces.

To the contrary, if the Court deliberately ruled in disregard of the intended meaning of the Constitution, it would be their faces that I'd worry about.

How does one go about moving up the chain of courts to get to the supreme court? Is money the only factor? Say I get caught carrying my ar loaded around in my car and get tossed in the slammer for it. Can I appeal to a different court at any time? I'd guess not, so I'm wondering how they would go about forcing a case up to the supreme court. Can anyone explain?

That said, if there actually were a case where the defense was arguing that gun laws are bunk because of the 2nd I think I'd be cutting a few $100 checks to the defense fund.

$100.00 or $1000.00 dollars in a lawyers pocket won't solve anything anymore in this country. Nobody really looks at the Constitution as something to be followed anymore, just like the Bible, which it was based on.

It depends.  If you are caught and charged in state court and subsequently thrown in jail, you would have to appeal your way up through the state court system first.  Once you have gone as high up as you can go, you can file a writ of certiorary (sp?) with the US Sup Ct.  Basically, it is asking the court to hear your case.  Remember, you have to be appealing a federal (not state) right for them to hear you.

If you were arrested and charged in federal court, you would go up through the federal system.  District court to Circuit Ct.  Again, you would have to file a writ of cert. to get up to the Sup. Ct.  

I know I have probably left some stuff out.  Money isn't the only factor, though you would probably need a lot.  The Sup. Ct. has a lot of discretion since they only hear a small fraction of cases that apply.  It would be nice if a case would get up there since I think we have a court that would be favorable towards gun rights.