Tag: bruen

Fourth Circuit Defies Bruen by Upholding Registration Scheme

Posted on | by Chris M

September 4, 2024

In a blatant defiance of the Supreme Court’s Bruen decision, the Fourth Circuit Court has upheld Maryland’s Handgun Qualification License (HQL) law, which requires citizens to obtain a permit simply to purchase a firearm.

This ruling, handed down by a more liberal-leaning court, goes far beyond the original scope of Bruen, which struck down laws requiring permits to carry handguns, and instead imposes a government-controlled registry of every gun and gun owner in the state.

The Bruen decision, authored by Justice Clarence Thomas in 2022, was a monumental victory for gun rights advocates, establishing that any law restricting gun ownership must align with the nation’s historical tradition of firearm regulation.

The ruling struck down “may-issue” laws, which required individuals to prove a specific need to carry a handgun in public, affirming that the Second Amendment guarantees the right to carry firearms without excessive government interference.

However, Maryland’s HQL law takes this a step further by requiring law-abiding citizens to jump through numerous bureaucratic hoops—four hours of training, live-fire testing, fingerprinting, and a waiting period—just to purchase a handgun. In essence, this law functions as a de facto registry, tracking every gun owner and their firearms through state control, an undeniable infringement on the Second Amendment.

The Fourth Circuit’s ruling is not only a defiance of Bruen, but it also sets a dangerous precedent. By allowing states to require permits simply to purchase a firearm, it opens the door for widespread gun registries—an outcome that is not only unconstitutional but also unthinkable to the Founding Fathers, who fought against government overreach.

“The Fourth Circuit is clearly disregarding the Bruen decision and the Second Amendment,” said Texas Gun Rights President Chris McNutt. “This permit-to-purchase law serves as nothing more than a state-controlled gun registry, and it’s an affront to the freedoms our Founding Fathers intended for us. Texas Gun Rights will continue to fight these rulings and ensure that the rights of gun owners are fully restored.”

Maryland’s HQL law is a prime example of how the left continues to undermine Bruen and chip away at the Second Amendment. For anti-gun politicians, permit systems like this are a dream—allowing them to collect data on every gun and gun owner, while imposing lengthy delays and barriers that could discourage law-abiding citizens from exercising their constitutional rights.

The Fourth Circuit’s decision is a reminder that the fight for gun rights is far from over. With liberal courts determined to undo the progress made by Bruen, gun rights organizations like Texas Gun Rights are more important than ever in defending the freedoms guaranteed by the Second Amendment.

Support Texas Gun Rights as we continue to fight for your freedoms and ensure the Second Amendment is restored to its full strength.

Federal Judge: Machine Guns are Protected Under the Second Amendment

Posted on | by Chris M

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.