Kansas judge dismisses machine gun and
Glock switch charges, citing 2nd Amendment
Topeka Capitol-Journal,
by
Jason Alatidd
Original Article
Posted By: sunset,
8/24/2024 3:51:02 AM
A Kansas judge has dismissed federal machine gun possession charges, including for having a "Glock switch," citing the Second Amendment and recent U.S. Supreme Court rulings in gun rights cases.
U.S. District Judge John Broomes on Wednesday dismissed two counts of unlawful possession of a machine gun against Tamori Morgan. Morgan had been indicted by a grand jury in April 2023 in U.S. District Court in Wichita.
Broomes wrote that the prosecution "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."
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Reply 1 - Posted by:
Strike3 8/24/2024 6:35:43 AM (No. 1783986)
"...possession of a machine gun except by the government..."
That right there is the problem. In the case of firearms, it's not what you have, it's how you use it that counts.
11 people like this.
Reply 2 - Posted by:
DVC 8/24/2024 7:57:27 AM (No. 1784029)
Very interesting. Will this stand?
4 people like this.
Reply 3 - Posted by:
Mizz Fixxit 8/24/2024 8:37:04 AM (No. 1784057)
A judge in Kansas dismissed these charges. In May, a Brooklyn software engineer and hobby gunsmith was sentenced to 10 years in prison for manufacturing “ghost guns.” During the trial, the judge admonished the defense with —- “Do not bring the Second Amendment into this courtroom. It doesn’t exist here. So you can’t argue Second Amendment. This is New York.“
13 people like this.
Reply 4 - Posted by:
Laotzu 8/24/2024 9:28:27 AM (No. 1784082)
The Swamp is obsessed with status crimes and little interested in actually making the world a safer place.
8 people like this.
Reply 5 - Posted by:
cor-vet 8/24/2024 9:33:37 AM (No. 1784087)
It's interesting that the government argues about the 'historical' tradition, in this case, of banning dangerous weapons, but historical traditions are not important when the powers that be want to do something. Take the anointing of Harris as the dem candidate or aliens voting as prime examples.
8 people like this.
Reply 6 - Posted by:
sw penn 8/24/2024 9:48:19 AM (No. 1784101)
Expect to see the "in common use" test in the appeal.
Which would not even be applicable
if the government hadn't
put it's foot on the scale in '34...
2 people like this.
Reply 7 - Posted by:
chumley 8/24/2024 10:02:50 AM (No. 1784115)
It might be fun to own a fully automatic weapon, and it would certainly be a good thing for freedom in a time when there isn't much left. My problem is I cant afford to feed one, and I can miss the target with a semi-auto plenty fast enough. I'd miss even faster with a full auto.
8 people like this.
Reply 8 - Posted by:
DVC 8/24/2024 10:07:17 AM (No. 1784121)
The first test under Bruen is 'compliance with the clear language of the amendment'.
It says "keep and bear arms." No adjectives on arms, so ALL arms are protected.
Second test under Bruen is that only restrictions that were laws when the Constitution was approved could be valid.
The judge hot this exactly right .
5 people like this.
Reply 9 - Posted by:
nelsonted1 8/24/2024 10:49:19 AM (No. 1784150)
The problem is machine guns aren't illegal federally and in several states. One must pay in the $200 fee and pass the background check. Once passed and you find one that you can afford - they can cost tens of thousands - you have your machine gun.
3 people like this.
Reply 10 - Posted by:
Vaquero45 8/24/2024 10:53:18 AM (No. 1784153)
The dam is cracking....
1 person likes this.
Reply 11 - Posted by:
Mushroom 8/24/2024 11:07:53 AM (No. 1784160)
#9 is dead on. Since 1934 these weapons have been TAXED. Not illegal. I challenge the '86 law as well.
My position is , how can it be constitutional to tax a right protected in the Bill of Rights. Seems to me the rulings that stopped Poll Taxes would be the same logic.
5 people like this.
Reply 12 - Posted by:
heartsurgeon 8/24/2024 11:51:26 AM (No. 1784185)
This ruling suggests that prosecution under "assault weapon ban" provisions in some states may also fail the Bruen test.
2 people like this.
Reply 13 - Posted by:
DVC 8/24/2024 1:05:44 PM (No. 1784245)
Re #9, they passed a law in 1986 which stopped any new full auto gun from being sold to ordinary persons, they cannot be legally registered, thereby freezing the supply of machine guns. The demand continued to grow, so prices are very high, just crazy,
A new AR15 semiauto can be had at $1,000 or less. Add $50-$150 in parts to make it full auto, if the laws permitted, a new full auto version should sell for $1200 or less. but, with the artificially created shortage, a legal full auto AR15 or M16 costs $30-40,000.
Some value is historic, too. If there were no government restriction, a WW2 authentic Thompson would sell for more than a duplicate made this year. but a Thompson can bring $150K these days, a mix of historic rarity and government craziness.
0 people like this.
Reply 14 - Posted by:
preciosodrogas 8/24/2024 2:13:39 PM (No. 1784284)
It would be cool to own one, well, but for the agencies that would be crawling all over ya inside and out. But still cool. I agree about to cost - and availability - of ammo. I see it as a win for the Constitution. OTOH the body count in chi town will be unimaginable. That goes for the border.
It is also a win for self-defense, the bad guys are carrying autos now. And a win, I suppose, sometime in the distant future, for those that are trigger happy about a second civil war. These court decisions last for a very long time.
0 people like this.
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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.