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US v Tamori Morgan (federal district court rules full auto weapons covered under 2nd Amendment Bruen decision)
USCourts.gov website ^ | Kansas District Court

Posted on 08/22/2024 11:51:57 AM PDT by PapaBear3625

MEMORANDUM AND ORDER

This matter is before the court on Defendant’s motion to dismiss based on Second Amendment grounds. (Doc. 26.) A response and a reply have been filed (Docs. 28, 29), and the court held a hearing to establish additional facts about the weapons charged. The motion is thus ripe for review. The court finds that the Second Amendment applies to the weapons charged because they are “bearable arms” within the original meaning of the amendment. The court further finds that the government has failed to establish that this nation’s history of gun regulation justifies the application of 18 U.S.C. § 922(o) to Defendant. The court therefore grants the motion to dismiss.

(Excerpt) Read more at ecf.ksd.uscourts.gov ...


TOPICS: Breaking News; Constitution/Conservatism; Government; Politics/Elections; US: Kansas
KEYWORDS: banglist; bruen; dkansas; johnbroomes; johnwbroomes; kansas; trumpjudge; voicevote
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Federal Court declares that full-auto weapons (in this case a Glock with a "switch" that allows full auto discharge) which are "bearable" (can be carried and used by a single individual) are covered under the Second Amendment in light of Heller and Bruen decisions
1 posted on 08/22/2024 11:51:57 AM PDT by PapaBear3625
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To: PapaBear3625

Bump


2 posted on 08/22/2024 11:53:50 AM PDT by Jet Jaguar
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To: marktwain; Libloather; whyilovetexas111

ping


3 posted on 08/22/2024 11:54:07 AM PDT by PapaBear3625 (Your agenda is just words, unless you FIRST focus on gaining power.)
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To: PapaBear3625

The meat of the decision:

Under the Second Amendment, “the right of the people to keep and bear Arms, shall not
be infringed.” U.S. Const. amend. II. “[T]he Second Amendment extends, prima facie, to all
instruments that constitute bearable arms, even those that were not in existence at the time of the
founding.” D.C. v. Heller, 554 U.S. 570, 582 (2008). To keep arms means, simply, to possess
arms. Id. at 583. If the plain text of the Second Amendment applies to a defendant’s conduct, the
government has the burden to show that the regulation is consistent with this nation’s historical
firearm regulation tradition. New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 17
(2022). This standard requires a “historical analogue” between the modern regulation and
historical regulations, not a “historical twin.” United States v. Rahimi, 144 S. Ct. 1889, 1902–03
(2024).


4 posted on 08/22/2024 11:57:21 AM PDT by PapaBear3625 (Your agenda is just words, unless you FIRST focus on gaining power.)
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To: PapaBear3625

uh,oh, chongo.


5 posted on 08/22/2024 11:58:04 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
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To: PapaBear3625

This was decided yesterday. It does not apply as precedent nationwide, but I can see it being appealed to the Supreme Court (Or maybe not — the feds may not want to risk it)


6 posted on 08/22/2024 11:58:44 AM PDT by PapaBear3625 (Your agenda is just words, unless you FIRST focus on gaining power.)
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To: PapaBear3625

So full-auto is cool in Kansas now? I'm not a fan of full-auto handguns, but rifles are fun.


7 posted on 08/22/2024 12:04:38 PM PDT by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: so_real

Can you bear it?


8 posted on 08/22/2024 12:07:03 PM PDT by No Whey Jose (What's a tagline?)
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To: PapaBear3625

9 posted on 08/22/2024 12:07:04 PM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: No Whey Jose

I could bear having a Thompson Sub gun.


10 posted on 08/22/2024 12:11:02 PM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: PapaBear3625

I need a machine gun. Gophers.


11 posted on 08/22/2024 12:12:17 PM PDT by Billthedrill
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To: PapaBear3625

I can’t wait to get a Thompson :)

I know they make a semi-auto version here:
https://www.auto-ordnance.com/thompson-m1/

Unfortunately they don’t take drums with this version...hopefully they’ll update it :)


12 posted on 08/22/2024 12:13:31 PM PDT by reed13k
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To: PapaBear3625

Back when the NFA was passed in 1934, Congress knew that it didn’t have the power under the Constitution to ban anything. (What a quaint, old-fashioned idea!) So it used its power to tax.

Want a machine gun, short-barreled rifle or silencer? Fine! Just buy a $200 tax stamp from the IRS (that would be $4700 in today’s money). Oh, and we reserve the right to kill you for not paying the tax.

If SCOTUS were to rule that the NFA (and the Gun Control Act of 1968) is unconstitutional, the libs and the dems would go crazy.


13 posted on 08/22/2024 12:17:52 PM PDT by hanamizu ( )
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To: Billthedrill

I want select fire on at least one of my AR-15’s


14 posted on 08/22/2024 12:18:43 PM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: Magnum44

Yup. I’ll tell my friends I’m “pro-choice”. Semi or full?


15 posted on 08/22/2024 12:20:03 PM PDT by Billthedrill
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To: MtnClimber

About 25 grand a pop last I checked.


16 posted on 08/22/2024 12:20:38 PM PDT by Resolute Conservative
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To: PapaBear3625

What ever arms a US infantry soldier is issued is the same arms the unorganized should have The second amendment ain’t about deer hunting.


17 posted on 08/22/2024 12:25:48 PM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: MileHi

Btt


18 posted on 08/22/2024 12:26:40 PM PDT by Fellow Traveler
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To: MileHi

unorganized militia...


19 posted on 08/22/2024 12:27:07 PM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Resolute Conservative
About 25 grand a pop last I checked.

But, not if they could be manufactured again.

20 posted on 08/22/2024 12:29:33 PM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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