In a landmark decision, U.S. District Judge John W. Broomes ruled that federal restrictions on machine guns violate the Second Amendment, leading to the dismissal of charges against a Kansas man.
The ruling directly challenges the National Firearms Act of 1934, which has heavily regulated machine guns since its enactment. The decision could pave the way for further legal challenges to federal gun control laws, potentially shaking up nearly a century of established regulations.
Judge Broomes’ ruling revolves around 18 U.S.C. § 922(o), a statute that bans the ownership and transfer of machine guns. The judge concluded that the government failed to establish a historical tradition that would justify such a ban, pointing to the Supreme Court’s recent Bruen decision as critical to his analysis. He argued that machine guns fall under the category of “bearable arms” protected by the Second Amendment.
The judge rejected several government arguments, including their reliance on Heller, which he dismissed as irrelevant to this case. Broomes also noted that machine guns have been legally owned in the United States for decades, with over 740,000 currently registered. He emphasized that these weapons are neither rare nor inherently dangerous compared to other firearms, making the ban difficult to justify under the Constitution.
Legal experts believe this ruling will be appealed quickly, with the case likely heading to the 10th Circuit Court of Appeals. The Department of Justice is expected to argue that the ruling endangers federal firearm regulations. Pro-gun advocates view the decision as a major breakthrough, but they remain cautious about the potential obstacles in higher courts.
