In addition to the grant of certiorari of the Chicago case (incorporation of 2A), there was another interesting case that was granted cert:
"United States v. O’Brien and Burgess
Issue: Whether the mandatory minimum sentence enhancement under 18 U.S.C. § 924(c)(1) to a 30-year minimum when the firearm is a machinegun is an element of the offense that must be charged and proved to a jury beyond a reasonable doubt, or instead a sentencing factor that may be found by a judge by the preponderance of the evidence."
Here's the 1st circuit appeal filing for more details
http://www.ca1.uscourts.gov/pdf.opinions/07-2312P-01A.pdf
At least one of the proposed laws here in MA was going to try to do away with testing of firearms involved in a crime, IIRC, which would make this even more interesting (i.e. the question of whether this needs to go to the jury as a finding of fact to be including in the sentencing).
It was a Cobray pistol modified to fire FA, BTW...
"United States v. O’Brien and Burgess
Issue: Whether the mandatory minimum sentence enhancement under 18 U.S.C. § 924(c)(1) to a 30-year minimum when the firearm is a machinegun is an element of the offense that must be charged and proved to a jury beyond a reasonable doubt, or instead a sentencing factor that may be found by a judge by the preponderance of the evidence."
Here's the 1st circuit appeal filing for more details
http://www.ca1.uscourts.gov/pdf.opinions/07-2312P-01A.pdf
At least one of the proposed laws here in MA was going to try to do away with testing of firearms involved in a crime, IIRC, which would make this even more interesting (i.e. the question of whether this needs to go to the jury as a finding of fact to be including in the sentencing).
It was a Cobray pistol modified to fire FA, BTW...
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