Major breaking news is emerging from the U.S. Court of Appeals for the Fifth Circuit, where prominent federal judges are openly questioning the constitutionality of the federal ban on post-1986 machine guns. This development places 18 USC §922, also known as the Hughes Amendment, squarely back on the legal radar.

In a recent decision, Judges James Ho and Don Willett—both widely viewed as potential future Supreme Court justices—flagged a critical issue: the machine gun ban appears to lack any valid connection to Congress’s enumerated powers under Article I of the Constitution. Unlike other federal gun laws, §922 does not rely on taxation authority or include any requirement that the firearm be connected to interstate commerce.

Judge Willett’s concurrence echoed long-standing concerns first raised decades ago by then-Judge Samuel Alito in United States v. Rybar, arguing that Congress may have exceeded its constitutional authority when it criminalized mere possession of post-1986 machine guns. While the Fifth Circuit panel was bound by existing precedent and did not overturn the ban, the judges’ analysis strongly suggests the issue is ripe for higher court review.

Although this does not legalize machine guns today, it represents a significant shift in judicial thinking. As constitutional scrutiny continues to build, the long-standing federal prohibition may eventually face a direct challenge at the Supreme Court level—making this one of the most important Second Amendment developments in years.