Kansas: Federal Judge Rules Machine Gun Ban is Unconstitutional

A wise man once observed that America is a fag nation. Among other things, this was proven by the fact that, like a bunch of fags, America banned machine guns. Only a fag nation would ban machine guns.

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.”


Judge John Broomes

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.

Based.

The Anderson is just a normal AR platform. (The .300 is a bit more hardcore than the normal 5.56×45mm NATO.)

The Glock switch is something separate. It’s a little piece of metal that will turn a Glock handgun into a fully automatic.

The court is legalizing both machine rifles and pistols at the same time.

At least, that is the implication, if this is not appealed and overruled.

Broomes said the impetus was on the government to prove there was a historical basis for banning machine guns. 

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.

Assuming everything goes through, this is the biggest win for gun rights in most of our lifetimes.

As Andrew Anglin oft notes, if the people are not allowed to own and carry concealed machine pistols, the First Amendment is null and void, given that these are clearly “bearable arms.”

This will open a new industry on manufacturing automatic weapons as well as allowing the Glock switch and other mods to be widely sold and implemented.

The ATF has been obsessed with Glock switches since the 1980s. Now, assuming all goes well, you’re just going to be able to order them online.

Very big news.