Preparedness
Trump Appointed Judge Challenges Federal Machine Gun Ban
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.
Let us know what you think, please share your thoughts in the comments below.
A tragic incident in Michigan has resulted in a teenage boy facing severe charges after allegedly shooting another teen and fatally wounding the teen’s mother, who was trying to protect her son.
Anthony Deshawn Sneed, 15, is being charged as an adult with multiple serious offenses stemming from the incident that occurred on September 4th in Clinton Township.
The charges against Sneed include felony murder as a juvenile defendant, second-degree murder, assault with intent to murder, armed robbery, and four counts of felony firearm possession.
According to the Wayne County Prosecutor’s Office, the conflict began when Sneed got into a fight with the son of Tanseen Sherrod.
During the altercation, Sneed allegedly stole a handgun from the other teen.
When Sherrod attempted to intervene in hopes of calming the situation, she was tragically shot by Sneed, authorities reported.
Details surrounding the exact nature of the fatal confrontation have not been made public.
The other teen involved in the incident was also shot and sustained critical injuries, though his current condition has not been disclosed.
Following the shooting, Sneed fled the scene but turned himself in to Detroit authorities the following day.
Let us know what you think, please share your thoughts in the comments below.
An Arizona man has been charged with the murder of his childhood friend after the headless body of Alijah Bradley was discovered in the desert. The remains of the 24-year-old were found near Gila Bend, just days after his family had reported him missing.
Samuel Bush, 23, faces charges of second-degree intentional murder and concealing a body, with the charges being filed on September 4.
Bradley’s family was left puzzled over the motive behind the murder. A relative, who wished to remain anonymous, expressed their confusion to local news outlets KPHO and KTVK, stating, “We honestly don’t know. He was Sam’s best friend. He was Sam’s only friend.”
The family had reported Bradley missing on August 15 after he failed to show up for work and his mother had not heard from him. Bush had initially told the family he was unaware of Bradley’s whereabouts.
Using GPS coordinates, Bradley’s car was tracked to a remote desert location. On August 19, police found both the car and Bradley’s remains.
Authorities revealed that Bradley’s body had been dismembered, and confirmed that all parts of his remains had been recovered. The Maricopa County Sheriff’s Office has yet to comment on a potential motive for the crime.
Bradley’s aunt, Melissa McNeal, shared her sorrow with ABC15, stating, “It’s devastating. He was just beginning his adulthood.” She added, “I don’t feel a relief or anything because – it doesn’t bring him back. It doesn’t fix anything.”
Bradley’s mother, who chose not to be named, committed herself to seeking justice for her son, saying, “I’m committing my life to obtaining justice for my son.”
Bradley was a Northern Arizona University graduate and had recently celebrated his birthday. A fundraising page set up for his family described him as being “known for his free spirit and wild soul.”
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A California family experienced a terrifying ordeal during their Labor Day picnic when their 5-year-old son was attacked by a mountain lion. The incident occurred just before 4:30 p.m. on Sunday at the Tapia Day Use Area of Malibu State Creek Park in Calabasas, as reported by the Los Angeles County Sheriff’s Office.
The boy’s family and several other adults and children were enjoying their time when the mountain lion suddenly grabbed the child by the head and began to run.
“Somebody screamed the baby’s name, and his dad started running,” the boy’s aunt recounted.
“The father grabbed the mountain lion with his hands, and he just fought. Then the mountain lion let go.”
The dramatic rescue unfolded in front of about 40 onlookers, some of whom noted that the mountain lion appeared completely unafraid during the attack.
Male mountain lions can weigh up to 150 pounds and measure up to 8 feet in length, making the father’s actions even more heroic.
The boy was promptly airlifted to Northridge Hospital Medical Center with non-life-threatening injuries. He was released later that Sunday but had to return to the hospital on Monday due to complications involving his eyes.
Upon arrival at the scene, California State Park rangers and California Department of Fish and Wildlife (CDFW) officers found the mountain lion crouched in a tree near the picnic area.
The animal was deemed a threat to public safety and was euthanized by a ranger.
Wildlife officers collected evidence from the boy’s injuries, including DNA swabs from the bite marks, which were matched to the mountain lion.
“CDFW and State Park officials are thankful that the family is safe, and the child is recovering and no one else was injured,” the CDFW stated.
Watch a local news report about the incident below:
Let us know what you think, please share your thoughts in the comments below.
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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.