District Court ruling on machine guns.

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District Court ruling on machine guns.

Postby Ranb on Thu Aug 22, 2024 6:39 pm

Some progress on easing Reagan era restrictions on machine guns.
§922. Unlawful acts
(o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to-
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.


Recently in the case USA v Tamori Morgan in the US District Court, it seems that Section 922 (o) might no longer be in force. Maybe, eventually. Or not.

https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2023cr10047-35
The motion to dismiss on Second Amendment grounds (Doc. 26) is GRANTED. The
motion to dismiss on Commerce Clause grounds (Doc. 25) is DENIED AS MOOT.


https://www.news2a.com/national/us-district-court-judge-defends-machine-gun-possession/
In a case known as US v. Morgan, Tamori Morgan was charged with two counts of possessing a machinegun in violation of 18 U.S.C. § 922(o). He possessed an Anderson Manufacturing, model AM-15 .300 and a so-called “Glock switch” which allows a firearm to fire as an automatic weapon.

This court decision is likely the first of its kind, and could pave the way for a brand-new flavor of litigation as gun rights groups capitalize on the significance of the ruling and run with it in related litigation. It could also be overturned by another court that digs up archaic analogues that ‘satisfies the state’s burden’ as required in Bruen.
My gun collection has killed at least five fewer people than the Kennedy clan has with automobiles, airplanes and golf clubs.
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Re: District Court ruling on machine guns.

Postby bstrawse on Thu Aug 22, 2024 8:18 pm

I wouldn't get too excited about this - I'd expect an appeal and don't give that appeal very good odds.

This is also a federal district court opinion so it is does not create precedent - and the judge didn't vacate the law (i.e. strike it down nationwide) - they just dismissed the case.
b
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Re: District Court ruling on machine guns.

Postby Lumpy on Thu Aug 22, 2024 9:08 pm

States still want to ban "assault weapons"; of course any ruling that automatic firearms cannot be banned will be appealed all the way to the SCOTUS.
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Re: District Court ruling on machine guns.

Postby Ranb on Thu Aug 22, 2024 9:52 pm

Exciting or not, it is nice to see the courts waking up and protecting us after various politicians, on the right and the left, have been chipping away at our civil rights
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Re: District Court ruling on machine guns.

Postby Lumpy on Fri Aug 23, 2024 9:08 pm

Which is one of many reasons why originalist justices are under attack, and there are calls to completely revamp the SC if necessary to return it to what the progressives insist it "ought" to be.
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Re: District Court ruling on machine guns.

Postby Jackpine Savage on Sat Aug 24, 2024 5:36 am

Judge John W. Broomes is a United States District Judge for the District of Kansas, appointed by President Donald Trump in 2018.
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Re: District Court ruling on machine guns.

Postby crbutler on Sat Aug 24, 2024 9:14 am

I agree that it is unlikely to go anywhere, but also that it is encouraging.
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Re: District Court ruling on machine guns.

Postby Ranb on Sun Aug 25, 2024 12:17 pm

My gun collection has killed at least five fewer people than the Kennedy clan has with automobiles, airplanes and golf clubs.
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