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If this was not the case..then the current laws governing machine guns would not work..and schools, malls, and movie theaters would have higher casualty rates because the shooters would be using machine guns.
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Interesting thought process you have there. You believe that someone willing to murder 30 or 40 people with life imprisonment (at best) or a death penalty for EACH murder doesn't use a machine gun because they fear the 10 year prison term for an illegal machine gun?