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.
Preparedness
German Activist Fined After Surviving Brutal Attack at Rally
In a striking turn of events, a German activist known for his vocal criticism of political Islam has been fined by a regional court, following an attack on him earlier this year. Michael Stürzenberger, an activist with the Citizens’ Movement, Pax Europa, was among those injured during a stabbing spree by an Afghan migrant at an anti-jihad rally in Mannheim on May 31. The violent incident left him with severe injuries, including a stab wound to the thigh and a “gaping open wound” on his face.
Despite these traumatic events, Stürzenberger found himself facing legal repercussions for statements made at a rally in 2020. The Hamburg District Court had initially sentenced him to six months in prison for incitement, a decision that he appealed. Although the sentence was later suspended, the court ultimately upheld the conviction, imposing a fine of $3,804.65.
The charges against Stürzenberger stemmed from his comments on German immigration policy and his critique of political Islam. At the rally, he had pointed out that Muslim migrants from certain regions were disproportionately involved in crimes, and emphasized the need to address the influence of political Islam on women’s rights.
Stürzenberger clarified his stance, stating, “I have always spoken about political Islam. Always said: It is not against Muslims!” He further explained, “My criticism is only directed against the dangerous components of the ideology and those radicals who commit acts of violence as a result of it.”
The activist’s conviction is part of a broader trend in Germany, where individuals have faced legal consequences for expressing concerns about the impacts of mass immigration. This has been a contentious issue, especially as reports indicate a rise in violent crimes linked to immigrant populations.
German Interior Minister Nancy Faeser recently acknowledged challenges associated with young men of migrant backgrounds, who are often involved in acts of violence. She emphasized the need for effective education and integration programs to address these issues.
The situation has further highlighted safety concerns in German cities, with certain areas becoming increasingly unsafe for minorities. Berlin’s chief of police, Barbara Slowik, advised caution for individuals in specific neighborhoods, particularly those with significant Arab populations.
These developments underscore the complexities and tensions surrounding immigration and integration in Germany. As the country grapples with these issues, the case of Michael Stürzenberger serves as a reminder of the delicate balance between free expression and the need to address hate speech.
Let us know what you think, please share your thoughts in the comments below.
Preparedness
Clerk’s Quick Reaction Sparks Debate on Self-Defense Rights
In a recent incident that has sparked considerable debate, a New Orleans convenience store clerk fatally shot a 16-year-old armed robber during an attempted robbery. The event unfolded when two armed individuals entered the store, demanding cash. Surveillance footage captured 16-year-old Cecil Batiz pointing a gun with an extended magazine at the clerk working at the cell phone counter of Sam’s Meat Market.
As the situation escalated, Batiz was seen stuffing cash and other items into his pockets. The other suspect, 18-year-old Teony Juarez, was wearing a black ski mask. As the suspects attempted to leave the store, the clerk retrieved a firearm and discharged it, striking Batiz in the abdomen, causing him to collapse. The surveillance video further showed the clerk stepping out of camera view, only to return moments later and fire additional shots at Batiz as he lay on the store floor. Batiz succumbed to his injuries later at a hospital.
Juarez, in the midst of the chaos, returned fire and sustained an injury to his right forearm while fleeing the scene. An unidentified woman transported Juarez to a hospital, where he was treated and subsequently arrested. Juarez faces multiple charges, including armed robbery, aggravated battery, and illegal use of a weapon, with his bond set at $170,000.
The store clerk has not been charged, and Loyola Law Professor Dane Ciolino expressed skepticism about the likelihood of charges being filed.
“That clerk was in an obviously high-stress situation and saw the perpetrator still moving with a gun, and it’s hard to second-guess his decision to use deadly force yet again.”
Ciolino also clarified that under Louisiana law, Juarez cannot be charged for Batiz’s death, as the fatal act was committed by the victim, not a co-felon.
Orleans Parish District Attorney Jason Williams refrained from delving into case specifics but remarked,
“Once somebody puts a gun in your face, the rules change.”
He further noted,
“It’s painfully obvious to anyone who saw that video what those two people were doing in that store, and that shop owner did not ask for that exchange.”
Williams, who was elected in December 2020 with support from a PAC funded by George Soros, has recently undergone a shift in perspective regarding crime and punishment. This change came after a personal experience where he and his 78-year-old mother were victims of a carjacking. Following the incident, Williams recused himself from the carjacking case and acknowledged a transformation in his views, even reversing some of his previous campaign promises.
Watch a local news report about the incident below:
Let us know what you think, please share your thoughts in the comments below.
Preparedness
Daring Homeowner Defends Home Against Burglar, Ignites Wild Police Chase
In a dramatic sequence of events in Sacramento, California, a homeowner took action against a suspected burglar, setting off a chain of incidents that culminated in a high-speed police chase. The Sacramento County Sheriff’s Office reported the initial burglary attempt occurred around 3 p.m. on Chandler Drive in south Sacramento.
Amar Gandhi, a spokesperson for the sheriff’s department, described the suspect as a “lifelong criminal” with a history spanning over two decades. “Theft charges, gun charges, drug charges — you name it, he’s got everything under the sun,” Gandhi remarked, highlighting the suspect’s extensive criminal past.
The alleged thief, identified as 40-year-old Emelio Correa, attempted to force his way into a home. Despite the family’s efforts to deter him by shouting for him to leave, Correa persisted. Authorities revealed that the homeowner, a legal gun owner, fired at least one shot, striking Correa in the hand. Blood evidence was reportedly left at the scene.
The confrontation left a visible mark, with police investigating a front-entrance window that bore a large bullet hole. However, the incident did not end there.
Correa managed to enter a different residence shortly after. The owner of this second home, Cuong Nguyen, explained that the suspect gained access because the front door had been inadvertently left unlocked. Once inside, Correa found keys on a truck’s front seat in the garage.
Nguyen, who was not present during the break-in, recounted how Correa drove the truck through the garage door, leaving half of it “in the middle of the street” upon Nguyen’s return. This theft led to a high-speed pursuit on Highway 99.
The chase concluded when Correa encountered spike strips near Arno Road, causing the truck to roll into a ditch. He was subsequently taken into custody.
Correa suffered minor injuries and is currently held in Sacramento County jail on a $100,000 bond. He faces four felony charges and is scheduled to appear in court on Tuesday.
The incident underscores the importance of home security and the unpredictable nature of criminal activity, as even a brief lapse in vigilance can lead to significant consequences.
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.
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.
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.