A federal judge ruled in favor of Kansas resident Tamori Morgan last month after he was charged with possessing a machine gun, dismissing the allegations completely after declaring them unconstitutional.\n\n\n\n
Morgan faced two counts of illegal machine gun possession under 18 U.S.C. \u00a7 922(o), which makes it unlawful for anyone to transfer or possess such weapons, the Daily Caller\u00a0reported. U.S. District Judge John Broomes, a Trump appointee, ruled that the ban was a violation of the Second Amendment\u2019s right \u201cto keep and bear arms.\u201d\n\n\n\n According to court filings, prosecutors charged Morgan with possessing an Anderson Manufacturing AM-15 .300 caliber machine gun and a \u201cGlock switch,\u201d a device that converts a Glock into an automatic weapon.\n\n\n\n Broomes argued that it is the federal government\u2019s duty to prove that there is a historical precedent for the charges against Morgan. The Supreme Court\u2019s decision in New York State Rifle & Pistol Association v. Bruen established a legal precedent that gun restrictions are constitutional only if they adhere to a historical tradition of firearms regulation in the U.S.\n\n\n\n New York had mandated that individuals must demonstrate a \u201cspecial need\u201d to obtain an unrestricted concealed carry license. However, the Supreme Court ruled that the right to carry a firearm for self-defense is deeply rooted in American history.\n\n\n\n Congress sought to regulate machine guns with the National Firearms Act of 1934 and later prohibited their possession with the Firearms Owners Protection Act of 1986 without obtaining a special license and paying an annual fee, along with registering those weapons with the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Prosecutors argued that Tamori\u2019s weapons did not fall under Second Amendment protections.\n\n\n\n Advertisement\n\n\n\n But Broomes vehemently disagreed, stating they are protected \u201cwithin the original meaning of the amendment.\u201d He said the government failed to justify the law\u2019s application in this case.\n\n\n\n It\u2019s not clear if the Biden-Harris Justice Department will appeal Broomes\u2019 ruling, according to the Caller, but that seems likely.\n\n\n\n Meanwhile, in May, another federal judge <a href=\u201dhttps:\/\/conservativebrief.com\/federal-blocks-83273\/\u201d target=\u201d_blank\u201d rel=\u201dnoopener\u201d>ruled<\/a> that the Biden-Harris administration could not enforce a gun sale rule in Texas that required firearms dealers to conduct background checks on gun show buyers or other places outside of their brick-and-mortar locations.\n\n\n\n Advertisement\n\n\n\n U.S. District Judge Matthew Kacsmaryk, another Trump appointee, issued a ruling just before a new regulation was set to take effect. His order blocks the federal government from enforcing the rule against several gun-rights groups, including Gun Owners of America. However, the ruling does not apply to Louisiana, Mississippi, and Utah, which are also parties to the lawsuit.\n\n\n\n \u201cPlaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,\u201d Kacsmaryk wrote in his decision.\n\n\n\n Earlier that month, twenty-six Republican attorneys general filed lawsuits in federal courts in Arkansas, Florida, and Texas to prevent the enforcement of a new rule. The plaintiffs claim that the rule infringes upon the Second Amendment of the U.S. Constitution and argue that President Joe Biden lacks the authority to implement it.\n","protected":false},"excerpt":{"rendered":" A federal judge ruled in favor of Kansas resident Tamori Morgan last month after he was charged with possessing a machine gun, dismissing the allegations […]\n","protected":false},"author":2,"featured_media":4596,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/posts\/4595"}],"collection":[{"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/comments?post=4595"}],"version-history":[{"count":1,"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/posts\/4595\/revisions"}],"predecessor-version":[{"id":4597,"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/posts\/4595\/revisions\/4597"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/media\/4596"}],"wp:attachment":[{"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/media?parent=4595"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/categories?post=4595"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/runeecho.com\/wp-json\/wp\/v2\/tags?post=4595"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}