September 4, 2024
A federal judge in Kansas has ruled that machine guns are protected under the Second Amendment, marking a significant victory for gun rights advocates.
U.S. District Judge John Broomes, a Trump appointee, handed down the ruling in United States v. Morgan, where Tamori Morgan was charged with two counts of illegal machine gun possession. Broomes dismissed the charges, using the Supreme Court’s landmark Bruen decision to argue that the government failed to demonstrate that machine gun regulations align with the nation’s historical firearm traditions.
Morgan’s defense invoked the Bruen ruling, which came down in 2022, establishing that any firearm regulation must be consistent with “this Nation’s historical tradition of firearm regulation.” The decision, written by Justice Clarence Thomas for the Republican-appointed majority, created a new standard for judging gun laws, one that Judge Broomes used to determine that federal machine gun restrictions are unconstitutional. Broomes emphasized that the government could not provide historical precedents supporting such regulations, leading to his conclusion that the Second Amendment protects even fully automatic firearms.
This ruling has the potential to be a game-changer in the fight for gun rights. For years, gun control advocates have pushed the narrative that certain firearms — particularly so-called “weapons of war” — should be banned or heavily restricted. But as Judge Broomes’ decision demonstrates, those same weapons are precisely the kinds of arms the Second Amendment was intended to protect. After all, the founders wrote the amendment to ensure citizens could defend themselves and the security of a free state, which necessarily includes access to the same kinds of weapons the military uses.
The Bruen decision has been instrumental in undoing decades of unconstitutional gun control. Its insistence on historical precedent has thrown gun laws across the country into question, providing the legal foundation for overturning restrictions that infringe on Americans’ Second Amendment rights. The decision is already having a ripple effect, with rulings like Broomes’ sending a clear message: all gun laws — including those targeting so-called “dangerous and unusual” weapons — are forms of gun control and are unconstitutional.
Texas Gun Rights President Chris McNutt expressed his strong support for this ruling, calling it a major victory for gun owners across America:
“This ruling reaffirms what we’ve been saying all along: all gun laws are unconstitutional. The Second Amendment was written to protect ‘weapons of war’ because the people must be armed to stand against tyranny. We hope this decision sets the stage for dismantling every anti-gun law in America, and Texas Gun Rights will continue supporting these efforts until the Second Amendment is fully restored.”
For pro-gun advocates, this is exactly the kind of ruling needed to roll back federal overreach. Weapons like machine guns, AR-15s, and other firearms routinely targeted by gun control advocates are no different from muskets and rifles of the 18th century. The Second Amendment protects the right to bear arms, without any distinction between types of weapons.
As the Bruen decision continues to reshape the judicial landscape, it becomes clearer that all gun control laws — from federal bans on automatic weapons to local restrictions on magazine capacities — are unconstitutional restrictions on our God-given rights.
Organizations like Texas Gun Rights have been at the forefront of this battle, supporting legal efforts to restore the Second Amendment and undo the damage done by decades of anti-gun legislation. The Morgan case is just one example of how Bruen is helping to overturn these infringements, and Texas Gun Rights will continue to support similar efforts.
Stay vigilant and support Texas Gun Rights as we fight to restore your Second Amendment rights nationwide.
