A federal judge in Kansas has ruled that the federal prohibition on machine guns is unconstitutional, a decision that could lead to broader legal battles over federal firearm regulations.
Judge John W. Broomes, appointed by President Donald Trump, dismissed charges against a defendant for possessing two modified firearms, arguing that the ban on machine guns under 18 U.S.C. § 922(o) violates the Second Amendment. The ruling puts nearly 90 years of gun control regulations under scrutiny.
Judge Broomes’ decision heavily relies on the Supreme Court’s Bruen ruling, which requires modern gun laws to align with historical traditions. The judge determined that machine guns qualify as “bearable arms” under the Second Amendment and that the government failed to provide historical examples to justify banning them. This decision could signal a significant challenge to the National Firearms Act of 1934, which has restricted machine guns since its inception.
The ruling dismissed the government’s argument that machine guns are inherently “dangerous and unusual,” pointing out that there are over 740,000 legally registered in the United States. Broomes also rejected the relevance of Heller, noting that the case did not address machine guns specifically. The judge emphasized that the government’s attempts to draw historical parallels fell short, leading him to dismiss the charges.
This decision is likely to be appealed to the 10th Circuit Court.
