# United States v. Wilson: Rehearing the Machinegun Ban Challenge

Page: https://stenobird.com/podcast/swear-on-the-stand-7111404/united-states-v-wilson-rehearing-the-machinegun-ban-challenge
Text version: https://stenobird.com/podcast/swear-on-the-stand-7111404/united-states-v-wilson-rehearing-the-machinegun-ban-challenge.md
Podcast: [Swear on the Stand](https://stenobird.com/podcast/swear-on-the-stand-7111404)
Published: 2026-05-06T14:00:00+00:00
Episode link: https://podcasters.spotify.com/pod/show/danielswear/episodes/United-States-v--Wilson-Rehearing-the-Machinegun-Ban-Challenge-e3ip0dq
Audio file: https://anchor.fm/s/fddb5314/podcast/play/119357306/https%3A%2F%2Fd3ctxlq1ktw2nl.cloudfront.net%2Fstaging%2F2026-4-1%2Fe42762ca-41a0-00fe-fd9a-f38e80ec73da.m4a
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JSON: https://stenobird.com/v1/public/podcasts/swear-on-the-stand-7111404/episodes/united-states-v-wilson-rehearing-the-machinegun-ban-challenge
Duration seconds: 2764

## Resource

This episode details the Fifth Circuit Court of Appeals’ decision to deny a rehearing for Jamaion Wilson , who was convicted of possessing a machine gun. Although the court upheld the conviction, the judges issued conflicting opinions regarding the constitutionality of 18 U.S.C. § 922(o) and the validity of existing circuit precedents. Judge Willett acknowledged potential issues with how these laws align with the Second Amendment and Commerce Clause , yet argued that this specific case was a poor "vehicle" for change because the defendant failed to raise those specific arguments. Conversely, Judge Ho and Judge Oldham dissented, contending that current restrictions on machine guns lack historical justification and conflict with Supreme Court standards. Ultimately, the records illustrate a deep judicial divide over whether modern federal weapons bans can be reconciled with the Constitution’s original meaning.

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## Transcript

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