Aug 23, 2024, 8:13 PM
Aug 23, 2024, 1:28 PM

Kansas Judge Dismisses Machine Gun Charge Citing Second Amendment

Highlights
  • A federal judge in Kansas dismissed a machine gun possession charge.
  • The judge cited the Second Amendment and questioned the constitutionality of gun bans.
  • The decision was based on a U.S. Supreme Court ruling.
Story

A federal judge in Kansas has dismissed charges against Tamori Morgan, who was accused of illegally possessing a machine gun, citing a recent U.S. Supreme Court decision that alters how courts assess constitutional rights. U.S. District Judge John W. Broomes ruled that the government failed to demonstrate that the machine gun ban aligns with historical legal precedents. The judge emphasized that the burden lies with the government to identify historical analogs to justify such restrictions, a challenge they did not meet in this case. Morgan's defense argued that the law prohibiting machine guns is unconstitutional, noting that the federal ban was only enacted in 1968 and that many machine guns are legally owned under a grandfather clause established in 1986. The ruling raises questions about the legality of machine gun bans, particularly as the nation grapples with rising gun violence linked to converted automatic weapons. Broomes' decision could set a significant precedent if upheld on appeal, potentially impacting regulations surrounding both legal and homemade automatic firearms. Legal experts anticipate that the ruling may be overturned, as it contradicts established Supreme Court precedents that allow for the regulation of machine guns. Critics, including gun control advocates, have labeled the decision as dangerous and inconsistent with the Supreme Court's interpretation of the Second Amendment. The ruling comes amid a notable increase in shootings involving converted firearms, highlighting ongoing concerns about gun violence in the U.S.

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