A Kansas district court has ruled that the federal ban on machine guns is unconstitutional, marking a significant victory for Second Amendment advocates.
Judge John W. Broomes, appointed by President Donald Trump, dismissed charges against a man accused of possessing two machine guns, arguing that the weapons are protected as “bearable arms” under the Constitution. This decision directly challenges decades-old federal laws, particularly the 1934 National Firearms Act, which has restricted automatic weapons for nearly 90 years.
The ruling centers on 18 U.S.C. § 922(o), a law that prohibits owning or transferring machine guns. Judge Broomes cited the Supreme Court’s Bruen decision as the foundation for his ruling, asserting that the government failed to prove any historical precedent for such a ban. The judge’s analysis dismantled the government’s arguments, including their reliance on Heller, noting that machine guns were not addressed in that case.
Broomes’ decision emphasized that machine guns have been widely available and legally owned by thousands of Americans, undermining the claim that they are “dangerous and unusual.” He also pointed out that the ban was not imposed until 1986, decades after the National Firearms Act initially regulated these weapons. The court’s ruling could lead to further scrutiny of federal firearm regulations.
Legal analysts predict that the ruling will be appealed, likely heading to the 10th Circuit Court of Appeals. The Department of Justice is expected to challenge the decision vigorously, fearing that it could lead to a dismantling of key gun control measures. While gun-rights supporters see this as a major step forward, they acknowledge that the legal battles are far from over.
