Breaking News: In U.S. v. Justin Bryce Brown, Judge Carlton Reeves successfully throws out Full Auto Charge on 2A Grounds! As Applied to Defendant, though.

Decision here.

My pet peeve with this reading is that Judge Reeves accepts that there are 740,000 total machine guns, when there are 176,000 privately transferable ones in civilian possession (despite this one amicus brief saying that just because a firearm is mainly used by non-civilian parties doesn't mean that the ban is automatically ok). However, both numbers are floors, and Judge Reeves in footnote 9 of the decision says that relative rarity isn't the standard of determining whether the arm can be banned.

Also, check out part of footnote 16:

And who is to say a certain firearm is unusual? The test ultimately turns on a judge’s view of data without deference to the other, more democratic branches of government.

Uh, that's essentially subjective criteria, and Mark Pittman in another case (now on appeal) said that 740,000 is too small of a number for machine guns to be "in common use."