Does the FOPA violate the 2A? What is your argument, and what do you base it on? Oh, thank Rangel for the insertion of this in a middle of the night clouded vote that was in disupute, and many say was voted as nay.... TITLE 18 > PART I > CHAPTER 44 > § 922 (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. (2) This subsection does not apply with respect to (A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or (B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.