A federal judge has struck down criminal charges relating to machine guns, ruling that such weapons constitute "bearable arms" in accordance with the Second Amendment.
On Wednesday, U.S. District Judge John W. Broomes in Wichita, Kansas, dropped two counts of possessing a machine gun in defiance of federal law assessed against defendant Tamori Morgan. Last year, the DOJ indicted Morgan for possessing an Anderson Manufacturing model AM-15 .300 caliber machine gun as well as a "Glock switch" which made his Glock model 33 .357 SIG fire like an automatic weapon.
Federal prosecutors involved in the case insisted that the "Supreme Court has made clear that regulations of machineguns fall outside the Second Amendment," the AP reported.
Morgan filed a motion to dismiss the charges against him, claiming that the federal statute under which he had been charged, 18 U.S. Code § 922, violated his constitutional rights. Judge Broomes agreed.
