By Mark Chesnut The Truth About Guns
A federal judge in Wichita, Kansas, has tossed the case against a Kansas man who was facing charges of illegally possessing a machine gun.
In his decision in the case U.S. v Morgan, U.S. District Judge John Broomes of the U.S. District Court for the District of Kansas, ruled that the federal law tightly regulating the ownership and transfer of full-auto firearms is unconstitutional under the 2022 Bruen decision. The ruling marked the first time the machine gun restrictions have been found unconstitutional.
Judge Broomes, a Donald Trump appointee, wrote in the ruling that the government's inability to cite historic bans as required by the second Bruen standard was important in determining the constitutionality of the law.
“Defendant argues that the government cannot meet its burden to show that [the statute] is consistent with this nation's history of firearm regulation,” Judge Broomes' ruling stated. “To meet its burden, the government advances only two potential historical analogs. First, the government points to English common law, which it asserts prohibited riding or going armed with dangerous or usual weapons. Second, the government cites one case from the North Carolina Supreme Court in 1824 that recognized an offense to arm oneself ‘with dangerous and unusual weapons, in such a manner as will naturally cause a terror to the people.' But both examples are disanalogous to what Defendant is charged with here—simple possession of a machine gun.”
The key to the case, according to Judge Broomes, was the laws cited by the government dealt with how arms were carried or used, not their simple ownership.
“In contrast with the aforementioned historical examples, § 922 says nothing about the manner in which machine guns are carried or displayed,” the ruling stated. Instead, [it] criminalizes the mere possession of such weapons without regard to how the possessor uses them. 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 … as one who takes the same weapon out on the public streets and displays it in an aggressive manner. The statute requires no more than possession, and, more importantly in an as-applied challenge, the indictment in this case alleges nothing more.”
In the end, Judge Broomes said the government's poor case required him to rule for a dismissal on Second Amendment grounds.
“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,” the ruling stated. “Indeed, the government has barely tried to meet that burden. And the Supreme Court has indicated that the Bruen analysis is not merely a suggestion.”
Find the original article in its entirety on The Truth About Guns.
READ NEXT: [ALERT] Trump Agrees To Crucial Event After HUGE Concession
Judge Dismisses Machine Gun Case, Says Law Is Unconstitutional
Does US Really Need Vulnerable Land-Based Nukes?
FRIDAY PDB – As costs soar, Air Force says it “neglected” Sentinel infrastructure. The Pentagon is spending billions of dollars on weapons relevant to yesteryear. One of the biggest offenders is a hive of sitting-duck nuclear weapons in the middle of the country.
The Air Force wants to replace hundreds of aging Minuteman III Intercontinental Ballistic Missiles (ICBMs) with the Northrop Grumman-made Sentinel, tipped with the National Nuclear Security Administration's W87-1 warhead.
The initial price tag read $78 billion. But estimates ballooned to $141 billion, or.
Harris Campaign Says She Will Ban ‘Assault Weapons’ As She Claims Gun Ownership In Debate
This Is Why You Shouldn’t Store Guns In Ovens
Pope Francis Urges Voters To Choose ‘The Lesser Evil’ In 2024 Election
MSNBC’s Scarborough Claims Trump Will Take TV Stations Off Air & Jail Random People
By Mark Chesnut The Truth About Guns
A federal judge in Wichita, Kansas, has tossed the case against a Kansas man who was facing charges of illegally possessing a machine gun.
In his decision in the case U.S. v Morgan, U.S. District Judge John Broomes of the U.S. District Court for the District of Kansas, ruled that the federal law tightly regulating the ownership and transfer of full-auto firearms is unconstitutional under the 2022 Bruen decision. The ruling marked the first time the machine gun restrictions have been found unconstitutional.
Judge Broomes, a Donald Trump appointee, wrote in the ruling that the government's inability to cite historic bans as required by the second Bruen standard was important in determining the constitutionality of the law.
“Defendant argues that the government cannot meet its burden to show that [the statute] is consistent with this nation's history of firearm regulation,” Judge Broomes' ruling stated. “To meet its burden, the government advances only two potential historical analogs. First, the government points to English common law, which it asserts prohibited riding or going armed with dangerous or usual weapons. Second, the government cites one case from the North Carolina Supreme Court in 1824 that recognized an offense to arm oneself ‘with dangerous and unusual weapons, in such a manner as will naturally cause a terror to the people.' But both examples are disanalogous to what Defendant is charged with here—simple possession of a machine gun.”
The key to the case, according to Judge Broomes, was the laws cited by the government dealt with how arms were carried or used, not their simple ownership.
“In contrast with the aforementioned historical examples, § 922 says nothing about the manner in which machine guns are carried or displayed,” the ruling stated. Instead, [it] criminalizes the mere possession of such weapons without regard to how the possessor uses them. 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 … as one who takes the same weapon out on the public streets and displays it in an aggressive manner. The statute requires no more than possession, and, more importantly in an as-applied challenge, the indictment in this case alleges nothing more.”
In the end, Judge Broomes said the government's poor case required him to rule for a dismissal on Second Amendment grounds.
“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,” the ruling stated. “Indeed, the government has barely tried to meet that burden. And the Supreme Court has indicated that the Bruen analysis is not merely a suggestion.”
Find the original article in its entirety on The Truth About Guns.
READ NEXT: [ALERT] Trump Agrees To Crucial Event After HUGE Concession
The Truth About Guns
Trump-Era White House Official Pushes Back On Trump’s Debate Rejection
Search
follow us
subscribe
Trending Stories
Give Ukraine Weapons And Permission To Hit Deep Russian Targets
ANALYSIS – There are those who say weABC News Blasted For Gross Debate Bias Against Trump
ANALYSIS – While former President Donald Trump wasn’tBiden And Harris Plotting To Restrict Lead Ammunition While Harris Campaigns To Hunters
At the same time Vice President Kamala Harris’Earthquake Strikes Los Angeles Area During Rush Hour
UPDATE (11:15 EDT) A 4.7-magnitude earthquake struck nearCommentary
Does US Really Need Vulnerable Land-Based Nukes?
Harris Campaign Says She Will Ban ‘Assault Weapons’ As She Claims Gun Ownership In Debate
This Is Why You Shouldn’t Store Guns In Ovens
Give Ukraine Weapons And Permission To Hit Deep Russian Targets
Security
Does US Really Need Vulnerable Land-Based Nukes?
Report: White House Set To Approve Strikes Deep Inside Russia Using Western Missiles
Report: Homeland Security Designates Jan. 6 As National Security Event
Biden Designates Upcoming Jan. 6 A National Special Security Event
Foreign Affairs
Pope Francis Urges Voters To Choose ‘The Lesser Evil’ In 2024 Election
Cubans Forced To Dig Through Trash For Food
Report: White House Set To Approve Strikes Deep Inside Russia Using Western Missiles
Millionaires Expected To Flee Britain In Droves Ahead Of Labour Party Tax Raids
Business & economics
Millionaires Expected To Flee Britain In Droves Ahead Of Labour Party Tax Raids
Biden Admits Inflation Reduction Act Was Deceptively Named
Services And Manufacturing Industries Facing Severe Challenges – What’s Behind The Numbers?
August Private Payrolls Rise By Just 99,000, Marking Smallest Gain Since 2021
heath & science
New York Governor Reveals Cancer Diagnosis
Congressman Joe Wilson Hospitalized After Medical Emergency At Washington, DC Event
Princess Of Wales Shares Rare Update Amid Cancer Fight
James Darren, Known For ‘Gidget’ And ‘TJ Hooker,’ Dies At Age 88
American Liberty Arms
Marine Veteran Arrested After Writing Book Detailing His Involvement In The Jan. 6 Riot
Democrats Don’t Let The Constitution Get In The Way Of Stripping Americans’ Of Their Gun Rights
Armed Citizen Sends 2 Robbers To The Hospital
Second Amendment Foundation Celebrates 50th Anniversary In Defense Of Your 2A
At American Liberty News, we eschew the mainstream media’s tightly controlled narrative to provide our readers with real news, real insights, and the means to take action. We seek out insightful coverage – and partner with knowledgeable and experienced people and organizations to bring you the information and insight our readers demand.
We humbly seek to provide the tools and information necessary for our readers to decide for themselves what is true and what is right.
TOP TAGS
TOP CATEGORIES
FEATURES
American Liberty News ©2022
Evolution Digital Media | 1900 Reston Metro Plz | Suite 600 | Reston, VA 20190