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Federal Judge Questions Machine Gun Ban's Constitutionality

A finger points to a pin of an M-16 that makes it a fully automatic machine gun receiver, in a row of AR-15 style rifles at the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Nation

A federal judge in Kansas has dismissed a machine gun possession charge and raised concerns about the constitutionality of bans on these weapons. U.S. District Judge John W. Broomes in Wichita ruled that the Second Amendment may apply to machine guns, potentially impacting the regulation of these firearms, including homemade automatic weapons.

The case involved Tamori Morgan, who faced charges for possessing a model AM-15 .300-caliber machine gun and a device called a 'Glock switch' that can convert a semi-automatic weapon into a machine gun. Judge Broomes stated that the government must demonstrate that regulations align with the nation's historical firearm regulation tradition.

While federal prosecutors argued that machine gun regulations are outside the scope of the Second Amendment, Judge Broomes' decision was influenced by a recent Supreme Court ruling that expanded gun rights. Legal experts anticipate that the ruling may be overturned based on existing Supreme Court precedent allowing for machine gun regulation.

The ruling has sparked debate, with gun control advocates expressing concerns about the potential implications on public safety. The use of converted weapons in recent mass shootings has raised alarm, with law enforcement agencies reporting a significant increase in the seizure of conversion devices in recent years.

Despite the ruling's potential impact, no appeal had been filed as of the latest update. The decision underscores the ongoing legal battles surrounding gun rights and regulations in the United States.

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