A federal judge in Kansas has ruled that the federal ban on machine guns is unconstitutional, setting the stage for what could be a pivotal legal battle over gun rights.
U.S. District Judge John W. Broomes, nominated by President Donald Trump, dismissed charges against a defendant accused of possessing two machine guns. The ruling challenges the long-standing National Firearms Act, which has restricted machine guns since 1934.
Judge Broomes based his decision on the Supreme Court’s Bruen ruling, which emphasized that modern firearm regulations must align with historical traditions. Broomes argued that the government failed to provide sufficient historical analogs to justify banning machine guns. He also highlighted that these weapons are considered “bearable arms” and are thus protected under the Second Amendment.
The ruling comes as a blow to federal gun control efforts, with the judge pointing out that machine guns are neither rare nor inherently more dangerous than other firearms. With over 740,000 legally registered machine guns in the U.S., Broomes rejected the notion that they are “unusual” weapons. His decision also criticized the government’s reliance on Heller, noting that the case did not involve machine guns.
This ruling is expected to be appealed, with legal experts anticipating that the 10th Circuit Court of Appeals will take up the case. The Department of Justice will likely argue that overturning the ban could have far-reaching consequences for federal gun laws. While gun-rights advocates celebrate the decision, they are preparing for a long legal fight that could reshape the future of firearm regulations in America.
