Current:Home > MarketsKansas judge throws out machine gun possession charge, cites Second Amendment -CapitalSource
Kansas judge throws out machine gun possession charge, cites Second Amendment
View
Date:2025-04-19 21:20:53
A federal judge in Kansas has tossed out a machine gun possession charge and questioned if bans on the weapons violate the Second Amendment.
If upheld on appeal, the ruling by U.S. District Judge John W. Broomes in Wichita could have a sweeping impact on the regulation of machine guns, including homemade automatic weapons that many police and prosecutors blame for fueling gun violence.
Broomes, an appointee of President Donald Trump, on Wednesday dismissed two machine gun possession counts against Tamori Morgan, who was indicted last year. Morgan was accused of possessing a model AM-15 .300-caliber machine gun and a machine gun conversion device known as a “Glock switch” that can make a semi-automatic weapon fire like a machine gun.
“The court finds that the Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning of the amendment,” Broomes wrote. He added that the government “has the burden to show that the regulation is consistent with this nation’s historical firearm regulation tradition.”
As of Friday, no appeal had been filed. A spokeswoman for the U.S. Attorney’s Office in Wichita declined comment.
Federal prosecutors in the case said in earlier court filings that the “Supreme Court has made clear that regulations of machineguns fall outside the Second Amendment.”
A June 2022 Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen was seen as a major expansion of gun rights. The ruling said Americans have a right to carry firearms in public for self-defense.
Jacob Charles, an associate law professor at Pepperdine University who tracks Second Amendment cases, said the Kansas ruling is direct fallout from the Bruen decision.
“It gives lower court judges the ability to pick and choose the historical record in a way that they think the Second Amendment should be read,” Charles said.
Charles expects Broomes’ ruling to be overturned, citing Supreme Court precedent allowing for regulation of machine guns.
Communities across the U.S. have dealt with a surge of shootings carried out with weapons converted to fully automatic in recent years. These weapons are typically converted using small pieces of metal made with a 3D printer or ordered online.
Guns with conversion devices have been used in several mass shootings, including one that left four dead at a Sweet Sixteen party in Alabama last year and another that left six people dead in a bar district in Sacramento, California, in 2022. In Houston, police officer William Jeffrey died in 2021 after being shot with a converted gun while serving a warrant.
The Bureau of Alcohol, Tobacco, Firearms and Explosives reported a 570% increase in the number of conversion devices collected by police departments between 2017 and 2021, the most recent data available, The Associated Press reported in March.
veryGood! (9377)
Related
- $73.5M beach replenishment project starts in January at Jersey Shore
- Al Pacino Makes Rare Appearance at 2024 Oscars to Present Best Picture
- 4 adults, 1 child killed after small plane crashes in Bath County, Virginia woods: Police
- See Sofía Vergara, Heidi Klum and More Stars' Show-Stopping Arrivals at the 2024 Oscars After-Parties
- Jury finds man guilty of sending 17-year-old son to rob and kill rapper PnB Rock
- Ryan Gosling and Emily Blunt trade 'Barbenheimer' barbs in playful Oscars roast
- Brutally honest reviews of Oscar best song performances, including Ryan Gosling
- Kate Middleton Breaks Silence on Edited Family Photo Controversy
- Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Triathlon
- How much is an Oscar statue worth? The resale value of Academy Awards statues is strictly regulated
Ranking
- Pregnant Kylie Kelce Shares Hilarious Question Her Daughter Asked Jason Kelce Amid Rising Fame
- Oscars 2024 winners list: See who's taking home Academy Award gold in live time
- USWNT defeats Brazil to win inaugural Concacaf W Gold Cup
- Who won best picture at the Oscars? Al Pacino's announcement sparks confusion
- Shilo Sanders' bankruptcy case reaches 'impasse' over NIL information for CU star
- Victims of Catholic nuns rely on each other after being overlooked in the clergy sex abuse crisis
- Josef Newgarden opens 2024 IndyCar season with dominating win in St. Petersburg Grand Prix
- Counselor recalls morning of Michigan school attack when parents declined to take shooter home
Recommendation
Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Triathlon
How John Cena Pulled Off Naked Look at 2024 Oscars
Charlize Theron Has Best Reaction to Guillermo's Tequila Shoutout at 2024 Oscars
Sen. Katie Britt accused of misleading statement in State of the Union response
$1 Frostys: Wendy's celebrates end of summer with sweet deal
Emma Stone Has Wardrobe Malfunction While Accepting Best Actress Award at 2024 Oscars
John Mulaney and Olivia Munn Are a Perfect Match in Custom Fendi at 2024 Oscars
Jimmy Kimmel and Molly McNearney on preparing for Oscar's big night