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In a BIG decision that has sent shockwaves through the 2A community, the United States District Court for the District of Kansas ruled that the federal ban on machine guns, under 18 U.S.C. § 922(o), is unconstitutional!!!
This ruling stems from the case of United States v. Tamori Morgan, where the court found that prohibiting the possession of machine guns violates the Second Amendment.
William Kirk, President of Washington Gun Law, broke down the ruling with palpable excitement.
“We got a huge, and I mean a huge, ruling out of the United States District Court for the District of Kansas today,” said Kirk on Friday. “They have found 18 United States Code, Section 922, Subsection O—the prohibition against machine guns—unconstitutional. Not making it up.”
The case involved Tamori Morgan, who was charged with possessing two automatic weapons: a 300 Blackout with a full-auto setting and a Glock equipped with a “switch.”
The government argued that the 2A does not cover such firearms, citing the language in Heller that suggests machine guns are dangerous and unusual and thus could be restricted.
Kirk explained that the court took a different approach, refusing to exclude modern weapons from 2A protections.
SEE ALSO: California Must Issue Permits to Non-Residents!
“The court here, however—yeah, they did not fall into that trap,” he emphasized.
Kirk also pointed out the significance of the United States v. Miller case, often cited to uphold bans on so-called “dangerous and unusual” weapons.
He said:
But the court very correctly points out, in relying upon Miller, “In Miller, the Supreme Court rejected a challenge to the National Firearm Act’s prohibition against carrying an unregistered sawed-off shotgun across state lines. Interestingly, over half of the opinion in Miller was devoted to explaining how in the years preceding and immediately following the enactment of the Second Amendment, one of the lawful purposes for which law-abiding citizens possess modern, for that era, firearms was for service in the militia. The court surveyed several laws from that era that not only permitted but essentially required law-abiding citizens to provide for their own use modern military-style small arms. Against that backdrop, the court concluded that a sawed-off shotgun was not the type of weapon that would be useful for military service.”
The court also concluded that the mere possession of a machine gun, without any criminal intent or use, falls under the protection of the 2A.
Kirk highlighted the court’s recognition that over 740,000 legally registered machine guns exist in the United States, noting, “If a mere 200,000 stun guns constitute ‘in common use’ under Caetano, how much does over 740,000 lawfully registered machine guns constitute under the common use test?”
A machine gun possession charge was dismissed by a district court in Kansas yesterday on Second Amendment grounds.
— Kostas Moros (@MorosKostas) August 22, 2024
The court found that machine guns are clearly bearable arms, and in this case at least, the government failed to show a historical tradition to justify their ban. pic.twitter.com/tCou5USFmE
This ruling, however, is just the beginning.
“This is a huge ruling, but it’s not the end,” Kirk warned. “The appeal is probably being written as we speak.”
No doubt it is. But for now, this is a massive win for gun rights advocates. Let’s hope this is the beginning of the end of the Fed’s machine gun ban.
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Will it mean former Sheriff Wendt will be released fron prison sooner than 5 years from now maybe?
You can get your M551 on ebay, from a guy in California.
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I read on another website that there is no way the Supreme Court will overturn the NFA rules. This all may have to work its way through the courts but the Supreme Court has been playing games with gun owners by occasionally throwing out a meaningless 2A decision so they can look pro-gun but they are anything but pro-gun.
Maybe Kamala will promise a $25000 federal grant to existing homeowners for the purchase of a new machine gun to defend themselves from the flood hordes of illegals she let in the country
I believe the Swiss are allowed to own fully automatic weapons for the defense of their nation. The way the world is going, maybe that would be a wise thing for the US too. Maybe with some reasonable restrictions like requiring either past military or police service, training and background checks, etc.
With the decline in the number of US military personnel, having a well armed citizenry might be a great deterrent to any country thinking about invading the US when WW3 eventually occurs.
FACT: no legally registered (taxed) weapon has been used in a crime since 1934.
SOURCE: BATF
That’s awesome. I want one with 3 round bursts. Let’s hope this goes to the Supreme Court and we get get the NFA Act of 1933 overturned.
I’d settle for just a repeal of the May 5, 1986 ban on future manufacture. Up until then you could make and register your own MG and gun companies still made registered MGs to be sold to the public. Apparently no one did any reassign before this was enacted.
If an obscure judge in a backwater somewhere rules that a law requiring citizenship to vote, or blocking terrorist suspects from entering the country is unconstitutional, the ruling will supersede the law immediately and the aliens and terrorists will be released to run rampant.
In this case, the judge is not one of those whose rulings “count”, and you will not now, nor likely ever, be able to go down to your local Bass Pro and pick up that MP5 you wanted.
This is just something to plant false hopes.
We used to be able to own Machine guns legally before they passed the NFA act of 1934. All gun laws are unconstitutional.
If a higher federal court doesn’t place an injunction against this ruling, what’s to stop Colt, et.al. from producing and selling MGs in any 2A friendly state?
I would be very happy with the Hughes Amendment going tango-uniform.
As evidenced by the kid in that case, they already can get them and use them. The real problem here is not any gun, bomb, sword, knife, cudgel or other weapon or device… banned or not. It’s that you have a society so broken that deadly violence becomes a way of expressing teen angst.
I’d be happy if I could just make a gun muffler for quiet practice without going to jail for respecting the noise pollution in the community because I forgot to cross a T somewhere or some plant was found by the roadside. They have broken the rule of law to the point of massive corporate ownership fuedalism and corruption, and at some point the folks will have had enough of the jack boot brow beating.
Never happen.
The Supreme Court Will see it differently!
Cool, now I must go on a shopping spree. Anyone know where I can purchase a fully functional M551 Sheridan?
Rest your sphincters, demo-RATS, the above was an example of “snark-casm” just because I am fully aware that many of you “liberals” (looking at you David Hogg) are now drooling, thinking of the stupid _hit you’re going to be bloviating about over the working man’s holiday.
Althought mounting a Ma Deuce on an M24 pedestal mount to the bed of my 1946 Powerwagon and painting a snarling sharks mouth on the hood is an idea. 🤔
So, I wonder how this decision will affect magazine size limitations in states like California. Not much point in a machine gun with a ten round mag!
How will this ruling potentially affect all my rifles that are presently non-full auto? Can their firing pins possibly be reconfigured?
That was the most ridiculous statement all around.
I can’t afford to run a machine gun. Maybe if it was in .22LR… otherwise I really don’t need one. Even in a SHTF scenario I can’t think of how it would be useful, only a good way to draw attention and get taken out. Machine gunners are always high value targets on the battlefield.
Yes, we should celebrate the “Good News”. Keep in mind this was a trial court judge and his ruling only applies to this case and the person on trial. The government will appeal and the decision will likely be overturned. Even if it doesn’t, it’s not a good case to take to the Supreme Court.
Ideally, Trump actually drains the Swamp and eliminates BATFE and the NFA and replaces it with licensing and inspections of FFL/SOT done by non-law enforcement employees at the Commerce Dept. Legislation to regulate real “Dangerous and Unusual” weapons like nukes, biologicals, nerve agents, poisons and set-guns, explosives and robot controlled weapons, etc. needs to be crafted. It will be hard to argue that anything used my a modern infantry company is not a suitable weapon for civilian use. Trusting a Court to create and/or restore an incomplete framework of our Rights is just not going to work, as we have seen civil disobedience from states and localities or concealed carry permits, etc. Likely we are going to need National preemption, whereby the states and their sub-division can no longer craft and firearms rules, laws or regulations. Congress needs to do it.
SHALL NOT INFRINGE…COURTS MUST APPLY THE TERMS OF THE CONSTITUTION AS WRITTEN, AND THEY ARE NOT AT LIBERTY TO SEARCH FOR MEANING BEYOND THE INSTRUMENT [16AM JUR2D.. SEC.117]
I don’t have one, but the way things are going I WILL GET ONE!!
I disagree with the statement “machine gun ban”. There is no ban. A citizen who is legally permitted to own a gun can own a machine gun. The only additional requirement is that the weapon be registered with the ATF and a $200 tax be paid. I do think the ATF requirement is unconstitutional and should be removed.
You could argue that there is a partial ban because only machine guns manufactured prior to 1986 are eligible for sale this banning everything post 1986. That law also drove the prices of full auto’s in the US so high as to make them unobtanium by much of the population. While I agree the NFA should be abolished and full auto’s should be legal, I don’t expect this ruling to last long.
Price will fall like ducks on a Junebug. Every firearms manufacturer scramble for a piece of the pie.
You are wrong Wickersham. You cannot buy/possess a machine gun in CA. I don’t know about other states but I do know about CA.
Thomas D Brennan
Well, here in America (in my case, Texas) we CAN own machine guns. Let freedom ring! Also, sounds like it’s past time for you to move!
So now kids can use machine guns to kill more in school shootings? Heck, just look at Las Vegas. Rules are there for a purpose, you can’t yell fire in a crowded room even though you have a First Amendment right.
You need to read the book BEHOLD A PALE HORSE by BILL COOPER ….Chapter 12 “THE SECRET GOV’T” page 225 . USING DRUGS & HYPNOSIS ON MENTAL PATIENTS IN A PROCESS CALLED ORION THE CIA INCULCULATED THE DESIRE FOR PEOPLE TO OPEN FIRE ON SCHOOLYARDS AND THUS INFLAME THE ANTIGUN LOBBY IN ORDER TO GET PEOPLE TO DISARM THEMSELVES…Book was written in 1991 by COOPER an x Naval intell officer who also predicted 9/ll and that BIN LADEN would falsely blamed….FEDS murdered the author while he was standing on his front porch in front of his kids. Supposedly over back taxes
You will be one of the modern Jews in a concentration camp because you have very little knowledge about this and you would make a comment about kids shooting schools up it’s all parenting and education and you my friend should seek the education part guns don’t kill people do I could kill just as many with a pellet rifle why don’t you research that
That was the most ridiculous statement all around.
James Frank Scheiner, do you or have you got “Kid’s” that may be going OUT to machine Gun People? If so, Don’t you think You should be a Better Parent? Teach better children/kids to be just a bit more Respectful, Reasonable in their use of Fire Arms. As YOU ALSO SHOULD BE! COMRADE JAMES.
Your comments demonstrate why people are going restrict our rights. You are not a responsible gun owner.
No James, you are no fun owner and the reason things have gotten out of control. You lack the ability to take responsibility for your own actions. Also you lack at being a proper and decent parent teaching your kids morals and that you are what you are born with. Get out of here with your fud attitude.
If they weren’t telling kids they can be a boy today and a girl tomorrow, or that men can play women’s sports, or there’s really nothing wrong with staying stoned all the time, or that there is no such thing as absolute truth… maybe they wouldn’t be shooting, knifing, or bludgeoning one another to begin with. Automobiles will ALWAYS kill more people in the US than guns… you wanna turn over the keys? Punish the criminal, not the tool.
Ted Kennedy killed more People with his Car, than I ever did with my Firearm..
And anyone who wants to can still yell “fire” in a crowded room. We have laws against murder but we have murders daily. We have laws against carrying guns in certain areas to make people “feel” safe but bad guys walk right past those signs and still do bad guy things. These laws do NOTHING to stop criminals because guess what? Criminals don’t obey laws. You hide behind the safety blanket of strict laws all while ignoring that they do NOTHING to protect you.
What kind of a country have we become? Oh, my pearls! My fainting couch!
News for ya, Tinkerbelle. If that little sh*t who shot up Newtown had a machine gun, he would have been surrounded by empty cases before he killed half of what he did when forced to one trigger pull, one shot. Most average citizens would have no idea how to control a trigger in automatic fire.
You are an idiot.
We need to repeal gun free zone legislation and get marksmanship back in high schools, where teenagers are taught to respect firearms.
Most school shootings are carried out with handguns.