Federal judge tosses Kansas machine gun possession case on Second Amendment grounds

www.kansascity.com... so this happened and so far is pretty interesting as of this post there has yet to be a challenge to the judges ruling, he dismissed the charges for possession of a fully automatic 300 black out ar style rifle and a glock with a switch

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. Judge John W. Broomes, an appointee of former President Donald Trump, dismissed two machine gun possession counts against Tamori Morgan, who was indicted by a federal grand jury in April 2023. Broomes wrote that prosecutors hadn’t met their burden under two landmark U.S. Supreme Court gun rights cases – called Bruen and Rahimi – that require firearms restrictions to have historical analogs at the time of the nation’s founding. The government “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,” Broomes wrote. Read more at: www.kansascity.com...=cpy

the actual ruling is at above source and every town gun safety is all ready having kittens about it but as this was federal court it seemingly sets an interesting prescient post bruan an could if were lucky lead to a full on repeal of the NFA, an with it not being challenged yet.... is a pretty interesting case as far as the 2nd goes

www.youtube.com... lawyers reaction to it who coveres this kind of thing

a reply to: RalagaNarHallas

29 States have Constitutional Carry. I think people are getting fed up with all the gun control crap while the violent crime rate keeps going up, while Liberal DAs and Mayors just keep turning them loose. Innocent people who just want to protect themselves and their family go to jail and everybody feels sorry for the criminal who got shot.

a reply to: RalagaNarHallas
Even if they repealed NFA, I would probably stick to semi-autos just for the sake of ammo conservation and good grouping. I feel like the best use of full auto is in CQB environments anyways, or as suppressive fire to cover your partners. Of course there is always the feel good enjoyment of just emptying a magazine in a couple of blinks.

Supreme Court Justice Candidate.

That's all I have to say.

this is both huge and scary. I know a few folks who don't need fully autos.

Ammo is way to Expensive and you miss more than you hit with Full Auto.

originally posted by: worldstarcountry
a reply to: RalagaNarHallas
Even if they repealed NFA, I would probably stick to semi-autos just for the sake of ammo conservation and good grouping. I feel like the best use of full auto is in CQB environments anyways, or as suppressive fire to cover your partners. Of course there is always the feel good enjoyment of just emptying a magazine in a couple of blinks.

originally posted by: network dude
this is both huge and scary. I know a few folks who don't need fully autos.

Ok, if the Chinese are definitely staying at home (probably not) the gang bangers from S America will fill the void of those who might invade violently. Auto works better in those situations. You can lay down a "field of fire" where the people can't move toward your position for one. Those fighters WILL have an automatic machine gun style rifle.

fully automatic is really only good for one thing, spraying and praying.
sure you might get lucky with the first couple of rounds, and if your really good you will hit with the all of first few, but after that you need to let go of the trigger.

when ever we went to the range, every automatic weapon was short bursts.

originally posted by: BernnieJGato
fully automatic is really only good for one thing, spraying and praying.
sure you might get with the first couple of rounds, and if your really good you will hit with the first few rounds.

when ever we went to the range, every automatic weapon was short bursts.

War time weapon and we may be have to deal with an invasion to take over America. Our border security issues alone make this a real possibility.

originally posted by: DAVID64
a reply to: RalagaNarHallas

..... I think people are getting fed up with all the gun control crap while the violent crime rate keeps going up, while Liberal DAs and Mayors just keep turning them loose. Innocent people who just want to protect themselves and their family go to jail and everybody feels sorry for the criminal who got shot.

The violent crime rate is not going up significantly. Take a look at this graph:



From: "Reflections on Criminal Justice Reform: Challenges and Opportunities", December 2022American Journal of Criminal Justice 47.

The prevalence of violent crime basically follows the fraction of the population that is young men between ages 17 to 26. That peaked around 1990 because of the post-WWII baby boom.

It went down naturally without everyone carrying a machine gun.

Dude are you an American? If so, do you think an Army from China or Mexico would want us to have machine guns or not?

originally posted by: Boomer1947

originally posted by: DAVID64
a reply to: RalagaNarHallas

..... I think people are getting fed up with all the gun control crap while the violent crime rate keeps going up, while Liberal DAs and Mayors just keep turning them loose. Innocent people who just want to protect themselves and their family go to jail and everybody feels sorry for the criminal who got shot.

The violent crime rate is not going up significantly. Take a look at this graph:

From: "Reflections on Criminal Justice Reform: Challenges and Opportunities", December 2022American Journal of Criminal Justice 47.

The prevalence of violent crime basically follows the fraction of the population that is young men between ages 17 to 26. That peaked around 1990 because of the post-WWII baby boom.

It went down naturally without everyone carrying a machine gun.

a reply to: RalagaNarHallas

a reply to: Justoneman
While I think the decision is a good one, this isn't Red Dawn.

Your military has machine guns and a whole lot more. You make it sound like if private citizens don't have machine guns anybody can just walk in and take over the US.

it will be very interesting if its not challenged as i get the vibe they dont want it going before the sitting scotus we have now ,sorry for delayed responses we had a wind storm fire up so i just got my power back.


at david 64 its not so much violent crime where I live but the cities can be treacherous these days ,as far as i know class 3 was only used in self defense once officially and with out charges (gun store owner) but for say secuirty details for vips and the like and the more rural humans then the urban dwellers id assume.


@ world star country sub guns and what id want at least fully auto 22 would be swell with less seemingly on paper risk of collateral damage but i do hear its harder to do the auto sears for 22s vs say 223 or 9mm and with price of ammo these days full auto fun days at the range(if they allowed it) would be a treat but a seldom used one

@ advisor hes currently a semi green federal judge (appointed by trump ) but he could reach the bench in a 2nd trump term which also would be an interesting issue with this,once trumps running the doj does he officially let the government challenge this ruling

@ network dude yeah with any law or in this case right they come with risks i would assume there will be a few bad apples trying to ruin the bunch but outside mob/prohibition violence historically machine guns in private hands werent used for too much evil back in the day by average citizens

@ blue and gato yeah ammo prices would make rage days vastly more expensive with full auto


whats more interesting is the wording used by the judge and his citing of previous rulings like the stun gun one where only 200k were in circulation but they ruled it was "common enough" to allow where close to 800k fully automatic weapons are in circulation currently (that we know of) so it seemed like he was trying to set up a ruling that would not be easy to overturn in a lazy fashion


im butchering the wording a bit as the wind picked back up and dont wanan loose the post if power goes out again

BETTER INVEST IN MINIGUNS
men across america will be mounting them as hood ornaments

a reply to: RalagaNarHallas

a reply to: RalagaNarHallas

Good news! Now he can retain his glorified automatic AR15, for Moose on phencyclidine that need 30 .308 rounds to go down!

Just kidding. No problem with guns.

Its actually been too distracted but indeterminate of a year for derranged mass casualty events with assault rifles. The ONLY mass shooting to use an AR this year was the assassination attempt. Last one prior to that was Lewiston.

Weirdly enough, Ive just read most AR 15s are bought for small game, like foxes and other small animals... who are also on phencyclidine.

Go constitutionally granted mass overkill weapons!

Only been an issue once this year.

Plus I've picked enough left/right battles the past few days.

a reply to: Boomer1947

Also interesting is how your graph correlates with the implementation and sunsetting of the assault weapon ban.....

a reply to: watchitburn

I like this argument.

It should absolutely shred the NFA and GCA in one swoop.

But do we tear up the entire NFA, or just the machine gun part? Starting from scratch would be nice but .... do we really want crazy high schoolers making destructive devices without consequence?

I think it letting people buy cans again in peace is good too, so we can leave that out of any amended regulations. Maybe we can increase the max load for fireworks too, that would be fun. We can get some serious effects with just a little more powder per shell. Maybe like go from 60 to 75 grams per shell maximum and/or maximum load per large piece up from 500 grams to like 800.

My neighborhood loves my displays and I bet they would not mind a flashier show .


I don't know if that fireworks stuff is related to the NFA or not, but why not explore that too.

originally posted by: worldstarcountry
But do we tear up the entire NFA, or just the machine gun part? Starting from scratch would be nice but .... do we really want crazy high schoolers making destructive devices without consequence?

I think it letting people buy cans again in peace is good too, so we can leave that out of any amended regulations. Maybe we can increase the max load for fireworks too, that would be fun. We can get some serious effects with just a little more powder per shell. Maybe like go from 60 to 75 grams per shell maximum and/or maximum load per large piece up from 500 grams to like 800.

My neighborhood loves my displays and I bet they would not mind a flashier show .


I don't know if that fireworks stuff is related to the NFA or not, but why not explore that too.

this might sound wrong coming from a "second amendment" guy, but I think if we enabled anyone to have a machine gun (fully auto) there would be a lot of deaths from that alone. And I don't mean intentional ones. If you have ever shot full auto, it's a LOT different than semi. And not just how many pew pews you can make. The barrel rise will throw most rounds well above the intended target if you aren't prepared for it, and once that bullet is free in the air, along with all it's little friends, they will go just as far as they can, until they can't. Then they come down. If they come down on a family playing in the yard, then sorry, don't cry over spilled blood.

Just remember the rule Spider man gave us. With great power, comes great responsibility. I think some (Imabout to puke) responsible measures, should be included with a gutting of the NFA. But as far as can's go, having them on the NFA list is idiotic beyond comprehension.

What do others who know full auto think? Am I turning into a leftie, or is that prudent?