A federal court in Kansas has struck down the federal ban on machine guns, ruling that the law is unconstitutional under the Second Amendment.
Judge John W. Broomes, a Trump appointee, dismissed charges against a defendant for possessing two modified firearms, arguing that the government failed to justify the ban with historical precedent. The decision questions the legality of the National Firearms Act, a nearly 90-year-old law that has governed machine guns and other restricted weapons since 1934.
The ruling hinges on 18 U.S.C. § 922(o), which prohibits the ownership and transfer of machine guns. Judge Broomes concluded that the ban is not supported by this country’s historical traditions, a key point emphasized in the Supreme Court’s Bruen decision. Broomes noted that machine guns are widely owned and legally registered in the United States, countering the government’s argument that they are “dangerous and unusual.”
The government’s defense largely relied on the Heller decision, but Broomes dismissed this as irrelevant, pointing out that the case did not involve machine guns. The judge also criticized the government’s attempt to draw parallels to historical bans on carrying dangerous weapons, noting that these analogs do not justify banning simple possession of machine guns.
Legal analysts expect the Department of Justice to appeal the decision quickly, taking the case to the 10th Circuit Court of Appeals. Pro-gun advocates are cautiously optimistic, viewing the ruling as a major victory but recognizing that the road ahead will be difficult. This case could set a precedent that reshapes the legal landscape for firearm regulations nationwide.
