A Trump judge ruled there's a Second Amendment right to own machine guns

[Nevilledog]

https://www.kansascity.com/news/politics-government/article291318960.html

No paywall link
https://archive.li/WJK1b

A U.S. District Court judge in Kansas on Wednesday dismissed machine gun possession charges against a defendant, finding that prosecutors hadn’t proven the weapons can be banned under the Second Amendment.

The decision marks a potentially seismic shift in firearm regulations if it is appealed and stands. Machine guns have been prohibited for decades – a ban that has remained in place even as restrictions on guns have been dramatically weakened in Kansas, Missouri and other states over time.

Judge John W. Broomes, an appointee of former President Donald Trump, dismissed two machine gun possession counts against Tamori Morgan, who was indicted by a federal grand jury in April 2023.

Broomes wrote that prosecutors hadn’t met their burden under two landmark U.S. Supreme Court gun rights cases – called Bruen and Rahimi – that require firearms restrictions to have historical analogs at the time of the nation’s founding.

The government “fails to meet its burden to demonstrate that possession of the types of weapons at issue in this case are lawfully prohibited under the Second Amendment,” Broomes wrote.

*snip*


Another Trump appointed moron

Edit to change title to Milhiser's more accurate one

[Irish_Dem]

1. Another judge who hates Americans and advocates violence.

He knows our founding fathers did not want the whole sale slaughter of children
by military grade weapons.

Gun violence is the leading cause of death for American children.

The judges are so proud of themselves.

[sinkingfeeling]

2. Pathetic.

[Nevilledog]

3. A Trump judge ruled there's a Second Amendment right to own machine guns

https://www.vox.com/scotus/368616/supreme-court-second-amendment-machine-guns-bruen-broomes

On Wednesday, a Trump judge in Kansas ruled that the Second Amendment invalidates criminal charges against a defendant charged with illegally possessing a machine gun. The case is United States v. Morgan.

Judge John Broomes’s decision in Morgan is obviously wrong, even under the Supreme Court’s most aggressively pro-gun opinion, which Broomes relied on heavily.

The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen (2022) cast a cloud of uncertainty over nearly all US gun laws, requiring the government’s lawyers to prove that any gun law challenged in court is consistent with “this Nation’s historical tradition of firearm regulation.” Judges across the country have struggled to interpret and apply that vague standard, and many of them have openly complained that Bruen is unworkable in their published opinions.

Read in isolation, Bruen’s vague “historical tradition” test might be read to support Broomes’s decision. But Bruen left in place a previous legal rule, first announced in District of Columbia v. Heller (2008), which permits the government to ban “dangerous and unusual weapons.” Heller also includes a line stating that it would be “startling” to conclude that one of the Court’s early Second Amendment decisions invalidates the federal ban on machine guns.

*snip*

[Kaleva]

9. There is no federal ban on machine guns

They are strictly regulated and most everyone here at DU can legally own one or more

[bucolic_frolic]

4. Bazookas. Grenades. Heck, bring the heat. Flame throwers.

Cybertrucks look like a tank, don't they?

Need to compete with the latest weaponry.

[Wednesdays]

11. Small potatoes.

Let's all go get ourselves some nukes!

[central scrutinizer]

5. Machine guns were vital in 1776

They protected the airports.

[Fiendish Thingy]

6. I thought machine guns weren't technically banned

But the federal excise tax stamp was prohibitively expensive, something like $50k per weapon?

[DetroitLegalBeagle]

8. The tax stamp is $200

The guns themselves are really expensive due to the registry closure in 1986. It severely limited the supply. Some people actually buy them as investments because their value has consistently increased year over year.

[magicarpet]

7. Yee Haaa,..

Every sixteen year old kid should be able to bring a machine gun to school and keep it in his locker.

What about heat seeking shoulder fire rocket launchers. Has this judge yet ruled that's okay for teenagers to brandish that upon their discretion, because it is their Constitutional Right ?

[Initech]

10. Oh fucking a, these morons are the reason we can't have nice things.