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Trump Appointed Judge Challenges Federal Machine Gun Ban

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A recent ruling by a federal judge has dismissed criminal charges related to machine guns, emphasizing that such firearms are considered “bearable arms” under the Second Amendment.

On Wednesday, U.S. District Judge John W. Broomes in Wichita, Kansas, dismissed two counts against defendant Tamori Morgan for possessing a machine gun in violation of federal law.

Last year, Morgan was indicted by the DOJ for possessing an Anderson Manufacturing model AM-15 .300 caliber machine gun and a “Glock switch” that enabled his Glock model 33 .357 SIG to function as an automatic weapon.

Federal prosecutors argued that the “Supreme Court has made clear that regulations of machineguns fall outside the Second Amendment,” as reported by the AP.

Broomes, however, disagreed, stating, “The government has not met its burden under Bruen and Rahimi … . Indeed, the government has barely tried to meet that burden.”

Morgan had filed a motion to dismiss the charges, claiming that the federal statute, 18 U.S. Code § 922, infringed upon his constitutional rights. Judge Broomes concurred with this argument.

“The court finds that the Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning of the amendment. The court further finds that the government has failed to establish that this nation’s history of gun regulation justifies the application of 18 U.S.C. § 922(o) to Defendant,” Broomes wrote.

In his decision, Broomes, appointed by former President Trump, explained that the “plain text” of the Second Amendment protects Morgan’s actions of possessing a machine gun and Glock switch. He noted that § 922 directly contradicts this plain text regarding firearm possession.

“If an individual purchases such a weapon and locks it away in a gun safe in his basement for twenty years without touching it, he is just as guilty of a violation of § 922(o) as one who takes the same weapon out on the public streets and displays it in an aggressive manner,” the judge pointed out.

Broomes also highlighted that federal prosecutors had failed to provide a relevant “historical firearm regulation tradition” to justify Morgan’s charges, referencing two U.S. Supreme Court decisions: Bruen of 2022 and Rahimi of 2024.

“To summarize, in this case, the government has not met its burden under Bruen and Rahimi to demonstrate through historical analogs that regulation of the weapons at issue in this case are consistent with the nation’s history of firearms regulation. Indeed, the government has barely tried to meet that burden,” Broomes insisted.

The National Association of Gun Rights cheered Broomes’ decision, posting to X: “This is incredible.”

Meanwhile, many gun opponents seethed. Shira Feldman of Brady United Against Gun Violence called Broomes’ ruling “incredibly dangerous,” and Jacob Charles, an associate law professor at Pepperdine University, insisted it gave lower courts “the ability to pick and choose the historical record in a way that they think the Second Amendment should be read.”

Eric Ruben, a fellow at the Brennan Center and an associate law professor of Southern Methodist University, indicated that Broomes’ opinion may be “the first time in American history that a machine gun ban has been found unconstitutional in its application.”

Trump-appointed Justices Amy Coney Barrett, Brett Kavanaugh, and Neil Gorsuch helped bring about the Bruen and Rahimi decisions as well, concurring with the majority in both cases.


Do you believe that the Second Amendment should extend to the ownership of machine guns?

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3 Comments

3 Comments

  1. Peter Miks

    September 5, 2024 at 12:40 pm

    The commie dummycraps can keep their hands off law abiding citizens 2nd Amendment rights. This is about total dummycrapcommunism control over Americans rights. From my Cold Dead Hands as Charlton Heston would say. Go after the criminals and illegal criminals you devilcraps have created with you lawlessness laws for criminals, no cash bail, safety acts, and your other bullshit laws that career criminals reap over everyday citizens. 2 words for the democratic party, FUCK YOU.TRUMP 2024 will end this shit and the chaos created by the party of commies.

  2. Joan

    September 5, 2024 at 1:09 pm

    George Washington contemporaneously recorded his position on the 2nd Amendment: “A free people ought not only be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.”

    Washington placed NO limit on weapons even though a machine gun was invented 70 years earlier in France. Privateers (privately owned ships) had cannon aboard and they were not banned in the Constitution. Guns are inanimate objects and will not operate without a person to load it and pull the trigger. It is the person and their state of mind that needs to be considered, especially BEFORE an act of violence takes place.

    The people should place more attention on raising children to respect and love their neighbors, to not covet neighbors’ property, and to find ways to reach out in peace to each and everyone, including those who have different opinions, to create a community that nurtures good neighborliness and friendships. Put away the cell phones and talk in person with your family, friends, and visitors to give them a sense they are valued and not alone.

  3. Dr. Caligari

    September 5, 2024 at 2:31 pm

    An interesting analysis by the Judge, if you buy a machine gun and lock it away for 20 years you are just as guilty of a violation as the person that displays it in public in anger.

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Preparedness

Safeguard Your Livestock: Essential Tips for Emergency Evacuations

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The recent fires in California have brought to light the urgent need for preparedness, especially when it comes to safeguarding livestock during emergencies. The devastation has been particularly hard on Nigerian Dwarf goat breeders, some of whom managed to save only a few animals, while others lost entire herds. These small goats can fit in a car, yet breeders of larger livestock like cattle and horses faced even graver challenges, often having to leave their animals behind to face the advancing flames.

While it is not always feasible to save every animal in a disaster, especially in fast-moving fires, there are proactive steps that can be taken to prepare for emergency evacuations. The key lies in meticulous planning and swift action to protect both you and your animals, whether they are pets or livestock.

First and foremost, assembling an evacuation kit is crucial. This kit should include essential supplies, veterinary information, and a detailed evacuation plan that has been rehearsed. As one expert notes, “Protect your whole family when emergencies arise with the proper supplies, veterinary information, animal identification and an evacuation plan that has been practiced.”

It’s important to have written directions to your home readily available. This can assist you and emergency responders in locating your property quickly. Additionally, identifying alternate sources of food and water is vital, as floodwaters can be contaminated with sewage or chemicals.

Ensuring that vehicles are well-maintained and fueled is another critical step, as is keeping emergency cash on hand since ATMs might not function during a crisis. If evacuation becomes impossible, selecting the safest housing option for your animals is essential, even though the situation may still pose significant risks.

Regular assessments of barns and other structures for stability and safety are recommended. Removing dead trees and minimizing debris in fields can also reduce hazards. For those in wildfire-prone areas, maintaining a defensible space around structures by clearing away brush is advised.

Keeping a detailed list of your animals, including their species, number, locations, and favorite hiding spots, can save valuable time during a rescue. This list should be kept near your evacuation supplies. It’s also crucial to ensure your animals are identifiable in case they get separated from you. “Make it a habit to keep a notebook complete with identifying pictures and a record on the type of identification each animal carries along with any vet records,” advises a preparedness expert.

Types of identification for livestock include using livestock marking crayons, non-toxic spray paint, or non-water-soluble markers to write on the animal’s side. Preparing animals for evacuation involves familiarizing them with being loaded onto a trailer and locating prearranged evacuation sites outside your immediate area. Possible locations could be other breeders, ranchers, or farmers willing to temporarily house your stock.

In conclusion, while it is impossible to predict every scenario, being prepared for livestock emergency evacuations can make a significant difference. By developing a comprehensive plan and ensuring all necessary preparations are in place, you can increase the chances of keeping your animals safe during disasters.


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Preparedness

Keep Pets Cool And Safe As Temperatures Soar

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As temperatures rise, it’s crucial to understand how our furry companions handle the heat. Unlike humans, cats and dogs don’t have sweat glands distributed throughout their bodies. Instead, they possess only a few, located in their feet and around their noses. This limited capacity for sweating means that many animals must rely on panting and external methods of cooling to regulate their body temperature.

Heatstroke is a risk for all animals, making it essential for pet owners to actively prevent it. Certain breeds, particularly those with brachycephalic anatomy, are at an increased risk. Flat-faced breeds like Pugs, English Bulldogs, French Bulldogs, as well as Persian and Himalayan cats, are more susceptible due to their unique facial structures.

To protect your pets during hot weather, ensure they have access to plenty of fresh water and a cool, shaded area. It’s also wise to avoid strenuous activities during peak heat hours. By taking these precautions, you can help your pets stay safe and comfortable when the temperature climbs.


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Preparedness

Survive Smarter Pack Lighter Essential Tips for Emergencies

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In the world of survival, the mantra “less is more” holds significant weight. When faced with an emergency scenario, the ability to move swiftly and efficiently is crucial. Carrying a hefty load can hinder your progress and wear you out, especially if you’re not accustomed to hauling a 60-pound pack regularly. Instead, focus on the essentials and aim to keep your pack under 25 pounds.

The temptation to fill your bag with gadgets and gear can be strong, but it’s important to remember that the more you know, the less you need to carry. By honing your survival skills, you can significantly reduce the amount of equipment you need to lug around. This approach is particularly beneficial in a “Get Out Of Dodge” situation, where speed and agility are paramount.

Your gear should be streamlined, with a focus on necessities. Some redundancies are wise for critical items, but avoid overloading your pack. A durable backpack in natural colors like grey, muted greens, browns, or blues is ideal, as it blends well in both woodland and urban environments. Avoid camo patterns or tactical-looking bags that might draw unwanted attention in urban areas.

When it comes to shelter, think versatile and lightweight. A shelter kit should include something to sleep under, on, and in, along with cordage for assembly. A tarp can be more advantageous than a tent, offering flexibility and doubling as rain gear if needed. For bedding, consider filling contractor-grade trash bags with leaves or grass, or opt for a high-tech sleeping pad. An emergency blanket or poncho liner, often called a “woobie,” can serve as your sleeping bag.

“Try using 550 paracord just for the ridgeline – this means you will only need to pack about 60 feet of it.” For the rest of your shelter construction, #36 bankline is a solid choice. While stakes can be fashioned from natural materials, packing six aluminum or titanium tent stakes can be beneficial, especially if you’re dealing with challenging conditions.

Fire-making is another critical skill. It’s wise to have at least three methods for starting a fire: a Bic lighter, a ferro rod, and a Fresnel lens are good options. Ready-made tinder, such as cotton balls with Vaseline or a tin of mini-infernos, can be invaluable when you’re cold and wet, and your dexterity is compromised.

In summary, lightening your load is about prioritizing skills over equipment and ensuring your gear is both efficient and effective. By doing so, you can cover ground quickly and meet your immediate needs without unnecessary strain.


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