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Trump Judge Rules that Machine Guns Are Legal

  
Via:  John Russell  •  3 weeks ago  •  16 comments

By:   dianeravitch (Diane Ravitchs blog)

Trump Judge Rules that Machine Guns Are Legal
To anyone who wonders if there is a difference between the two parties, here's a big one: gun control. A Trump-appointed federal judge in Kansas struck down a ban on machine guns. He was following the advice of Justice Thomas, who made the wacky argument that if something was okay when the Constitution was written,…

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By dianeravitch August 24, 2024 // 22

To anyone who wonders if there is a difference between the two parties, here's a big one: gun control. A Trump-appointed federal judge in Kansas struck down a ban on machine guns. He was following the advice of Justice Thomas, who made the wacky argument that if something was okay when the Constitution was written, then it's okay now. The Founding Fathers did not ban machine guns: why should we?

Politico wrote:


Up next in the arms of school shooters: fully automatic machine guns.
Trump appointee U.S. District Judge John Broomes (Kansas) ruled that the ban on owning fully-automatic machine guns that's been part of American law since the 1930s is unconstitutional. Citing Clarence Thomas' argument that if something wasn't illegal at the time the Constitution was written it shouldn't be illegal now, Broomes has set up a new case that'll almost certainly end up before the six rightwing cranks on the US Supreme Court.


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JohnRussell
Professor Principal
1  seeder  JohnRussell    3 weeks ago

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JohnRussell
Professor Principal
1.1  seeder  JohnRussell  replied to  JohnRussell @1    3 weeks ago

 
 
 
Tessylo
Professor Principal
1.2  Tessylo  replied to  JohnRussell @1    3 weeks ago

Machine guns.  Jesus Christ.

 
 
 
JohnRussell
Professor Principal
2  seeder  JohnRussell    3 weeks ago
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Vox

A Trump judge ruled there’s a Second Amendment right to own …

1 day ago  · On Wednesday, a   Trump judge   in Kansas ruled that the Second Amendment invalidates criminal charges against a defendant charged with illegally possessing a machine gun. The case is United States v ...

 
 
 
Ozzwald
Professor Quiet
2.1  Ozzwald  replied to  JohnRussell @2    3 weeks ago
Trump judge   in Kansas ruled that the Second Amendment invalidates criminal charges against a defendant charged with illegally possessing a machine gun. The case is United States v ...

Hey the Constitution didn't outlaw owning nuclear weapons when it was written either.

 
 
 
Drinker of the Wry
Senior Expert
2.1.1  Drinker of the Wry  replied to  Ozzwald @2.1    3 weeks ago
Hey the Constitution didn't outlaw owning nuclear weapons when it was written either.

Hey great point, tell us more, please.

 
 
 
Hal A. Lujah
Professor Guide
2.1.2  Hal A. Lujah  replied to  Ozzwald @2.1    3 weeks ago

There was a member here years ago (Gene, I think, dead now) who literally was of the opinion that citizens should have access to every weapon the military does, including nuclear weapons. He died young of something or other, but if I were a religious man I’d say that god exterminated him for the sake of mankind.

 
 
 
JohnRussell
Professor Principal
2.1.3  seeder  JohnRussell  replied to  Hal A. Lujah @2.1.2    3 weeks ago
There was a member here years ago (Gene, I think, dead now) who literally was of the opinion that citizens should have access to every weapon the military does, including nuclear weapons. 

Thats essentially what the proponents of this judges ruling say. I have been reading some online comments on a gun love site. 

 
 
 
JohnRussell
Professor Principal
2.1.4  seeder  JohnRussell  replied to  Hal A. Lujah @2.1.2    3 weeks ago

I watched a video about the ruling and evidently the judge ruled that machine guns cant be banned until after they are used. 

The Huge Ruling That Says Machine Gun Bans Are Unconstitutional (youtube.com)

 
 
 
Ronin2
Professor Quiet
3  Ronin2    3 weeks ago

The faux outrage from leftists.

Remember when Obama allowed the sale of bump stocks for semi automatic rifles? You know, like the one that was used by the domestic terrorist in the Las Vegas Massacre of people attending a country music concert.

Those do the same damn thing as a "Glock Switch" for hand guns. Allow a semi automatic to fire like a fully automatic weapon.

The weapons themselves are not fully automatic- which throws the whole damn "machine gun" argument out the window.

As for bump stocks- Trump reversed Obama and banned them- the Supreme Court overturned that ban in 2024.

So it is still illegal to own a fully automatic weapon w/o a special permit/license (which includes a stiff licensing fee) from the US government. 

 
 
 
JohnRussell
Professor Principal
3.1  seeder  JohnRussell  replied to  Ronin2 @3    3 weeks ago

The article you link at the bottom is ridiculously inappropriate to try and debate what the judge did recently. 

 
 
 
GregTx
Professor Guide
4  GregTx    3 weeks ago
I. Background Defendant Tamori Morgan is charged with two counts of possessing a machinegun in violation of 18 U.S.C. § 922(o).  (Doc. 1.)  Specifically, Defendant is charged with possessing an Anderson Manufacturing, model AM-15 .300 caliber machinegun and a machinegun conversion device.  It was established at the hearing that the conversion device is a so-called “Glock switch” which allows a Glock, model 33, .357 SIG caliber firearm to fire as an automatic weapon. 

Things that make you go hmmmm....

How do you attach a device designed for a striker fired pistol to a gas piston driven rifle?....

 
 
 
JohnRussell
Professor Principal
4.1  seeder  JohnRussell  replied to  GregTx @4    3 weeks ago

would you like to comment on what the article is about?

The court finds that the Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning of the amendment , ” Broomes wrote. He added that the government “has the burden to show that the regulation is consistent with this nation’s historical firearm regulation tradition.” Kansas judge throws out machine gun possession charge, cites Second Amendment | AP News
 
 
 
GregTx
Professor Guide
4.1.1  GregTx  replied to  JohnRussell @4.1    3 weeks ago
would you like to comment on what the article is about?

I thought I did,... the background given in the court documents makes no sense to me. If they're conflating something like a binary trigger with a glock switch then they're gonna lose.

The court finds that the Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning of the amendment

And they were considered bearable from the time they were invented until 1934. Are you surprised that an originalist interpretation could be used?

 
 
 
CB
Professor Principal
5  CB    3 weeks ago

Clarence Thomas is a SCOTUS Justice fool. Why do we allow fools to hold their jobs?   WHY?! 

We don't suffer fools to lead us anywhere else. . . why do so now? If somebody, anybody, is manipulating the law because they hold the damn office. . . then act to remove the offensive individual or individuals!

 
 
 
Buzz of the Orient
Professor Expert
6  Buzz of the Orient    3 weeks ago

I used to love the USA, spent so much of my time there, went to so many places and met so many great people, and now I would rather walk into an insane asylum than step one foot into the USA.  

 
 

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