Kansas judge throws out machine gun possession charge, cites Second Amendment

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A federal judge in Kansas has tossed out a machine gun possession charge and questioned if bans on the weapons violate the Second Amendment.

If upheld on appeal, the ruling by U.S. District Judge John W. Broomes in Wichita could have a sweeping impact on the regulation of machine guns, including homemade automatic weapons that many police and prosecutors blame for fueling gun violence.

Broomes, an appointee of President Donald Trump, on Wednesday dismissed two machine gun possession counts against Tamori Morgan, who was indicted last year. Morgan was accused of possessing a model AM-15 .300-caliber machine gun and a machine gun conversion device known as a “Glock switch” that can make a semi-automatic weapon fire like a machine gun.

“The court finds that the Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning of the amendment,” Broomes wrote. He added that the government “has the burden to show that the regulation is consistent with this nation’s historical firearm regulation tradition.”

As of Friday, no appeal had been filed. A spokeswoman for the U.S. Attorney’s Office in Wichita declined comment.

Nice.....All gun laws are infringements.

Its painfully obvious that they are protected under the 2A.

Make them address it. Form 1 a lower, and then sue the ATF when it gets rejected. Better yet, get a bunch of people to do it and file a class action suit.
 
All gun laws are not infringements as the Constitution clearly lays out the ability to have people's rights removed through due process but that was never done here so good on the judge.
 

A federal judge in Kansas has tossed out a machine gun possession charge and questioned if bans on the weapons violate the Second Amendment.
"All bearable arms" - those in common use for traditionally legal purposes.
The NRA registry has ~750k machine guns; the USSC set threshold for "common use" at 200k.

There you go.
 
A federal judge in Kansas has tossed out a machine gun possession charge and questioned if bans on the weapons violate the Second Amendment.

Of course it is a violation of the 2A. The 2A intended that the public be WELL ARMED sufficient as to keep the government in check as a last defense against tyranny. All this guy needs to do is pay for a federal stamp and he should be legal and good to go.

washinggun.webp
 
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