Judge throws out machine gun possession charge, cites Second Amendment – IOTW Report

Judge throws out machine gun possession charge, cites Second Amendment

A federal judge in Kansas has tossed out a machine gun possession charge and questioned if bans on the weapons violate the Second Amendment. If upheld on appeal, the ruling by U.S. District Judge John W. Broomes in Wichita could have a sweeping impact on the regulation of machine guns, including homemade automatic weapons that many police and prosecutors blame for fueling gun violence. Broomes wrote in his ruling Wednesday that the “Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning of the amendment.” Second Amendment experts say the expect Broomes’ ruling to be overturned on appeal.

19 Comments on Judge throws out machine gun possession charge, cites Second Amendment

  1. I’ve been following this law suit. The defense was rock solid. It will be fascinating to see where it goes from here. If the court rules in favor of the suit then the gun laws enacted in 1934 and 1968 are null a void too.
    Me, I just want to be able to carry a 10 inch 300 Blackout AR in my truck legally.

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  2. Nobody is using Sten guns, or Chicago Typewriters, or any of that Miami Vice FULLY AUTOMATIC TWO-TONED MAC 10 bullshit these days to rob fucking liquor stores and wallyworld.

    “It’s Me BREN Gun!”

    It’s all Hollywood shit. The assholes don’t know how they work. Can’t load them, can’t charge them, can’t shoot them.

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  3. Dumbassious Felonius Smiff-Jones- Johnson III

    Yikes. I’m assuming you’re referring to the Bren Ten. An awesome weapon. A 10 mil built on a 1911 platform. Fame killed them. They covered all their internal increased demands but forgot their subcontractors. To be specific, magazines. To this day Bren Ten Mags are tough to find. Miami Vice actually did one hell of a job with realistic fire arms training. Starting and ending with this guy. He’s the real deal

    https://youtu.be/fXv8IepBVJQ

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  4. Brad, same here.

    I have long held both the ’34 & ’68 laws to be blatantly unconstitutional over-reaches. Juxtaposed against the 2A, I’ve never understood how they ever passed SCOTUS muster. That august body does have, unfortunately, a rather extensive history of seriously wrong-headed rulings, which typically take far too long a time to rectify. Maybe now’s the moment to correct these two onerous infringements.

    My ideal truck piece would be a DT-Quattro, LawTac-folder, Strike Ind stock, rig with Cry Hav-Tac adapters for a 12″ suppressed 300BLK, and an 18-20″ Grendel.

    We live way out in the boonies, so that cal. combo works.

    IATS
    This We Defend

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  5. The Bren Ten was an amazing pistol! I seriously wanted one, back in the day, but they just vanished…if I recall correctly, later models had a bit of QA issues.

    Incidentally, I believe the Bren, being DA, was actually based off a Czech version of the Hi-Power, though the Hi-Power was JMB’s natural evolution from the 1911.

    IATS
    TWD

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  6. @ Dumbassious Felonius Smiff-Jones- Johnson III
    These days it’s Draco pistols in 7.62×39 that the gangsters all seem to want.

    My kid got into a my dad vs your dad with another kid and when the other kid said his dad has an AR15, my kid told him my dad makes machine guns. Holy shit! your dad buys rusty and beat up hundred year old single shot or lever action Winchesters and shit like that and restores them. Most that show up here are refugees from the gun breakers they are so far gone. if I’m not doing that, I’m building a varmint rifle. The last thing he needs is my fucking front door being kicked in in the middle of the night.

    Not that I wouldn’t have a ball restoring a Tommy gun, I think they are cool as hell. But for Christ’s sake don’t go around saying shit like that.

    A sub machine gun isn’t that hard to make, particularly if they fire from an open bolt. But who the hell would want to make one? Making a nice falling block takes talent and would be a hell of a lot more fun.

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  7. Firearms Refresher Course … Simple as this!

    1. “Those who hammer their guns into plows will plow for those who do not.”
    ~Thomas Jefferson

    2. “Those who trade liberty for security have neither.” ~ John Adams

    3. Free men do not ask permission to bear arms.

    4. An armed man is a citizen. An unarmed man is a subject.

    5. Only a government that is afraid of its citizens tries to control them.

    6. Gun control is not about guns; it’s about control.

    7. You only have the rights you are willing to fight for.

    8. Know guns, know peace, know safety.
    No guns, no peace, no safety.

    9. You don’t shoot to kill; you shoot to stay alive.

    10. Assault is a behavior, not a device.

    11. 64,999,987 firearms owners killed no one yesterday.

    12. The United States Constitution (c) 1791. All Rights Reserved.

    13. The Second Amendment is in place in case the politicians ignore the others.

    14. What part of ‘shall not be infringed’ do you NOT understand?

    15. Guns have only two enemies; rust and politicians.

    16. When you remove the people’s right to bear arms, you create slaves.

    17. The American Revolution would never have happened with gun control.

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  8. A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
    2nd Amendment to the US Constitution

    The 2nd Amendment DOES NOT give me the right to bear arms. It simply documents it. Trash it if you want. If you come for my guns, your fate at the bottom of my driveway will be the same regardless of what is written on a piece of paper.

    64,999,987 firearms owners killed no one yesterday.

    “A fear of weapons is a sign of retarded sexual and emotional maturity.” Sigmund Freud

    “He [Jesus] said to them, ‘But now if you have a purse, take it, and also a bag; and if you don’t have a sword, sell your cloak and buy one.’ ” (Luke 22:36)

    “You don’t look too bad, here’s another.”
    -Bernhard Goetz, 12/22/1984

    “Why should I, or the NRA, go sit down with a group of people that have spent a lifetime trying to destroy the second amendment…?” – Wayne LaPierre

    “The only thing that stops a bad guy with a gun is a good guy with a gun.”
    -Wayne LaPierre

    The Second Amendment is the RESET button of the United States Constitution.
    -Doug McKay

    When democracy devolves into tyranny the armed citizen still gets to vote.
    -Mike Vanderboegh

    The difference between a communist and socialist is that a socialist is a communist who has not found his AK-47 and the will to use it, and a communist is a socialist with an AK-47 who IS ready to use it.
    — Mike Vanderboegh

    “UN A LIEN ABLE’ = This is how it’s correctly pronounced people!! The inability to place a lien/restriction upon a thing, namely our rights!
    – Walt Milem

    An armed society is a polite society. Manners are good when one may have to back up his acts with his life.
    – Robert A. Heinlein

    When they come for your guns, you know it’s finally time to use them.

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  9. @ Jethro SATURDAY, 24 AUGUST 2024, 9:16 AT 9:16 AM

    Exactly, rights are God given, the government either chooses to recognize and respect them or not. The, so called, rights that are conjured out of thin air by shitbag politicians are bullshit and people who fall for that nonsense are fools. There isn’t a single “right” that is not a God given right that is either just or does not bring “unintended” consequences that increase innocent human suffering, misery and death. I’m not so sure how unintended the consequences are either. Given that the progressive/Marxist/Satanists are not hiding what they are and who they serve… it’s kind of naive to assume good intentions have ever had anything to do with their agenda.

    Nothing burns my ass more than some propagandist disguised as a journalist spouting off that some politicians or judge(s) created a right to… I recognized that as usurpation of that which is not only not possible, it is preposterous, when I was very young.

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  10. @ Ho Down

    Number 11 – Way way more than 65 million guns in the country. Closer to 500 million.

    Number 17. Attempted gun control was the start of the American Revolution.

    They were trying to confiscate the peoples cannon, then a shot that was heard around the world was fired towards the British at some point.

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  11. This We Defend

    Be careful of the Grendel. The Grendel rounds built around a 7.62 by 39 casing which means you have less then .0625 thickness on your bolt lugs. There’s a type 1 and a type 2 bolt and chamber for that round. Type 1 is a .125 deep bolt face. Type 2 is a .135 thick bolt face and you need the corresponding matching chamber in your barrel. We built a bullet proof, pun intended, 7.62 by 39 bolt. It wasn’t cheap. And there lays the problem. People that purchase a 7.62 by 39 AR do it because of dirt cheap ammo. They’re not going to pay $200.00 for a bolt. Having said that we’ve built about 6 Grendals for varmint guys. They’re reaching out 1100 yards killing coyotes. We stopped building that bolt 10 plus years ago because there was no money in it. We’re still notorious on AR15.com. Do yourself a favor and step up to the 308 platform in .243.

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