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.
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.