Federal Judge Throws Out Machine Gun Possession Charge

A federal judge in Kansas dismissed two machine gun possession counts and questions if bans on such weapons violate the Second Amendment.

U.S. District Judge John W. Broomes dismissed machine gun possession counts against Tamori Morgan, who was accused of possessing a model AM-15 .30 caliber machine gun and “Glock switch.”

Judge Broomes said:

“The court finds that the Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning on the amendment. [The government] has the burden to show that the regulation is consistent with this nation’s historical firearm regulation tradition.”

Federal prosecutors are arguing the Supreme Court has made clear that regulations of machine guns fall outside the Second Amendment.”

If upheld on appeal, the ruling could have a sweeping impact on the regulation of machine guns, including homemade automatic weapons.

Read more at ABC News.

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