Judge Rules Possession Of Machine Guns Constitutional In Groundbreaking Case
In a significant ruling, U.S. District Judge John W. Broomes found that the federal prohibition on machine guns violates the Second Amendment. The Trump-appointed judge, who serves in Kansas, dismissed charges against a defendant who had modified firearms to function as machine guns. The decision challenges the 1934 National Firearms Act, which has long restricted ownership of automatic weapons. The case could be the beginning of a broader legal battle over the federal government’s authority to regulate firearms, potentially leading to a challenge at higher courts.
The law in question, 18 U.S.C. § 922(o), makes it illegal to own or transfer machine guns. However, Judge Broomes concluded that this regulation is inconsistent with the nation’s historical tradition of gun laws, referencing the Supreme Court’s recent Bruen decision as the basis for his judgment. The judge noted that machine guns are classified as “bearable arms” and that the government failed to show historical precedent for banning such weapons.
Broomes highlighted the fact that machine guns have been legally owned in the U.S. for decades, with over 740,000 currently registered. He rejected the government’s argument that these firearms are “dangerous and unusual,” pointing out that they are neither rare nor prohibited under earlier laws. The judge’s ruling could undermine the constitutionality of longstanding gun regulations.
Legal experts anticipate that the Department of Justice will appeal the decision. The case may be taken to the liberal-leaning 10th Circuit Court, which could lead to a prolonged legal battle. While gun-rights advocates celebrate the ruling as a victory, they remain cautious about the challenges ahead, recognizing that the future of federal firearm regulations hangs in the balance.