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Citing Supreme Court, lawyers try to get Clay County gun case dismissed

A fresh US Supreme Court gun-rights ruling should make a 78-year-old law regulating machine guns unconstitutional and invalidate a YouTube celebrity’s gun-crime indictment with an Orange Park man, his lawyers are arguing.

Lawyers for Matthew Hoover, a Wisconsin gun dealer whose YouTube channel has 148,000 subscribers, have asked US District Judge Marcia Morales Howard to dismiss his January indictment with Clay County resident Kristopher Ervin, who was charged last year with selling illegal machine-gun conversion equipment online .

Hoover’s lawyers asked Howard last week to rule that the National Firearms Act, a 1934 law that restricted machine gun ownership by creating a tax and license requirement on them, conflicts with the U Constitution’s Second Amendment guarantee of a right to bear arms.

They argued the law violates a standard the Supreme Court used last month to decide a New York law on gun ownership was unconstitutional, so the federal law must be unconstitutional too.

Matthew Hoover, a Wisconsin gun dealer who talked about Orange Park resident Kristopher Ervin's Auto Key Card in a popular YouTube channel, was indicted with Ervin on gun and conspiracy charges in January.  His attorneys of him are arguing his indictment should be dismissed because of a June 23 US Supreme Court ruling on a gun-rights case.

“Finally, though, we have a standard which clearly articulates the burdens in a case involving restrictions on the right to keep and bear arms,” attorney Zachary Zermay wrote in a motion he filed with co-counsel Matthew Larosiere.

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