By David Krayden – The Post Millennial
A federal judge on Friday ruled that a ban on possessing a machine gun is unconstitutional as he dismissed charges against Tamori Morgan, who had been charged with two counts of illegally owning a machine gun, the Daily Caller reported.
Trump-appointed Judge John Broomes, of the US District Court for the District of Kansas, wrote, “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. The court therefore grants the motion to dismiss.” Prosecutors had charged Morgan with violations of 18 United States Code § 922(o) – which says, “it shall be unlawful for any person to transfer or possess a machine gun.”
Prosecutors charged Morgan because he had an Anderson Manufacturing, model AM-15 .300 caliber machine gun in his possession as well as a “Glock switch,” a device that converts the Glock to an automatic weapon, court documents state.
Broomes said the impetus was on the government to prove there was a historical basis for banning machine guns. The Supreme Court has previously ruled in New York State Rifle & Pistol Association v. Bruen that restrictions on machine guns could be justified if demonstrated in US history, the Caller noted.
In New York, anyone seeking an unrestricted concealed carry license must demonstrate a “special need” to do so. But the Supreme Court has ruled that gun ownership for personal protection is part of American history and tradition.
Congress has tried to control the ownership of machine guns with the National Firearms Act of 1934 and with the outright ban in 1986. Prosecutors in the Morgan case had insisted that his machine gun was not covered by Second Amendment rights.
Broomes upended that assumption by saying machine guns are protected “within the original meaning of the amendment.” The Department of Justice (DOJ) can choose to appeal the ruling. “Plaintiff is charged with two counts of machinegun possession, and both counts apply to arms that can be carried in the hand. Thus, by definition, the machinegun and Glock switch are bearable arms within the plain text of the Second Amendment,” Broomes wrote.
The National Association of Gun Rights posted on X following the ruling, “This is incredible.”