Gotta start somewhere sometime... given that litigation in these cases seems to be taking 5 to 12 years...

Lawsuits Challenge Controversial Machine Gun Ban

http://bearingarms.com/lawsuits-challenge-controversial-machine-gun-ban/

There is little doubt from a logical perspective that the Hughes Amendment is a clear violation of the Second Amendment. The clear purpose of the Second Amendment was to ensure that the citizenry would always have access to arms of military utility in order to defend itself against foreign enemies and domestic tyranny alike.

Automatic weapons clearly qualify as military arms of the kind that would be useful for militia service, and while Congress’ National Firearms Act of 1934 (NFA) restricting the sale and possession has never been successfully challenged in court, it appears that the Hughes Amendment would not pass strict scrutiny in front of a reasonably honest jurist.

The NFA of 34' did not prohibite machine guns to anyone , it was only a cost prohibative tax levied by the IRS. Machine guns were protetected under the 2nd Admemndment to law maker back then. The tax was not to restrict MG, but to make them expensive to own. A Thompson MG only retailed at $175 during prohibition. Thus, the tax was higher than the cost of the gun.

It was FOPA of 86' signed by Ronald Regan which prohibited newly manufactured MG for civilians.