A federal judge in Kansas recently dismissed a machine gun possession charge and raised concerns about the constitutionality of bans on such weapons under the Second Amendment. U.S. District Judge John W. Broomes in Wichita made the ruling, indicating its potential broad impact on the regulation of machine guns, including homemade automatic firearms often linked to gun violence.

The case involved Tamori Morgan, accused of owning a model AM-15 .300-caliber machine gun and a device called a “Glock switch” that enables a semi-automatic firearm to function like a machine gun. Judge Broomes stated that the Second Amendment applies to the weapons in question as they are considered ‘bearable arms’ in alignment with the amendment’s original intent. He emphasized that the government must demonstrate that the regulation aligns with the nation’s historical firearm regulation practices.

Although no appeal had been filed by Friday, the U.S. Attorney’s Office in Wichita declined to provide any comments on the matter. Federal prosecutors had previously argued that regulations concerning machine guns are not protected under the Second Amendment, citing a Supreme Court ruling.

The Supreme Court’s decision in the New York State Rifle & Pistol Association v. Bruen case in June 2022 was viewed as a significant expansion of gun rights. This ruling affirmed Americans’ right to carry firearms in public for self-defense, prompting a ripple effect in the legal realm regarding Second Amendment interpretations.

Experts like Jacob Charles, an associate law professor at Pepperdine University specializing in Second Amendment cases, believe that Judge Broomes’ ruling is likely to be overturned due to established Supreme Court precedents allowing for the regulation of machine guns. Nevertheless, communities in the U.S. have witnessed an increase in shootings involving weapons modified to fully automatic in recent times, with some incidents resulting in tragic fatalities.

Notably, the Bureau of Alcohol, Tobacco, Firearms and Explosives reported a substantial 570% rise in the number of conversion devices seized by police departments between 2017 and 2021. Incidents involving guns equipped with such devices have occurred in several mass shootings, underscoring the ongoing concerns surrounding the proliferation of these modified firearms in society.