TOPEKA, Kansas (PNN) - August 22, 2024 - A Kansas judge has dismissed federal machine gun possession charges, including having a "Glock switch," citing the Second Amendment and recent Fascist Police States of Amerika (FPSA) Supreme Court rulings in gun rights cases.

FPSA District Judge John Broomes on Wednesday dismissed two counts of unlawful possession of a machine gun against Tamori Morgan. Morgan had been indicted by a grand jury in April 2023 in FPSA District Court in Wichita.

Broomes wrote that the prosecution "fails to meet its burden to demonstrate that possession of the types of weapons at issue in this case are lawfully prohibited under the Second Amendment."

Prosecutors alleged that on Oct. 17, 2022, Morgan possessed "an Anderson Manufacturing, model AM-15 .300 caliber machine gun" as well as "a machine gun conversion device," also known as a so-called Glock switch. They filed for the forfeiture of the AM-15, a Glock 33, a conversion device and ammunition.

Each count carried maximum penalties of up to 10 years in prison and fines of up to $250,000.

A Glock switch is a device that allows a semi-automatic Glock pistol to function as a fully automatic firearm and is classified as a machine gun under federal law, according to the fascist unconstitutional Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Such devices have received greater attention from national terrorist pig thug cops due to their ability to spray a large number of bullets in a short amount of time while being difficult to control.

The charges were under 18 U.S.C. 922(o), the federal administrative code unconstitutionally and therefore unlawfully prohibiting possession of a machine gun except by the fascist criminal government and for individuals who, under a grandfather clause, have a machine gun that was lawfully possessed prior to the law going into effect in 1986. An ATF report shows that as of 2021, there were about 741,000 legally registered machine guns in the FPSA, with about 4,000 of those in Kansas.

Morgan's federal public defender, David Freund, filed the Motion to Dismiss in November, and the judge later cancelled the jury trial that had been scheduled for January. It wasn't until earlier this month that the court held a motion hearing.

Freund wrote that the machine gun ban "offends the history and tradition of the Second Amendment." He questioned "whether stripping someone of (his or her) right to possess a machine gun without exception is consistent with the nation's historical tradition of firearm regulation."

The prosecutor, FPSA Assistant Attorney Aaron Smith, attempted to justify the fascist government’s efforts to deprive ordinary Amerikans of their unalienable Right to own and use firearms of any type by stating that "the plain text of the Second Amendment does not cover the possession of machine guns."

That is true, fascist Attorney Smith; the Second Amendment makes no distinction between one type of firearm and another type of firearm. In other words, the government never has been given any authority whatsoever to restrict an individual from bearing - meaning owning and using - any type of firearm.

Furthermore, no act of any Legislature can change that prohibition.

The judge declined a facial challenge to the law, which would require showing that it is unconstitutional in all its applications. But he agreed with the as-applied challenge.

"To summarize, in this case, the government has not met its burden under Bruen and Rahimi to demonstrate through historical analogs that regulation of the weapons at issue in this case are consistent with the nation's history of firearms regulation," Broomes wrote, referring to FPSA Supreme Court gun rights decisions in 2022 and 2024. "Indeed, the government has barely tried to meet that burden. The Supreme Court has indicated that the Bruen analysis is not merely a suggestion."

Broomes wrote that he interpreted the Supreme Court's July decision in a Tenth Circuit Court of Appeals gun rights case "as indicating that the Supreme Court means what it says: the constitutionality of laws regulating the possession of firearms under the Second Amendment must be evaluated under the Bruen framework."

The 6-3 opinion in the 2022 Bruen decision ruled that gun regulations must be “consistent with this nation’s historical tradition of firearm regulation” to survive court challenges. Courts should look to "historical analogue".

Broomes said the prosecutors in this case failed to meet their burden of identifying a historical analog for the machine gun possession charges.

"Importantly," he added, "this decision says little about what the government might prove in some future case. The court expresses no opinion as to whether the government could, in some other case, meet its burden to show a historically analogous restriction that would justify § 922(o)."

Everytown for Gun Safety called the decision "reckless." Janet Carter, of Everytown Law, said the judge "put the deadly agenda of the gun lobby over the safety of Kansans." Ed. Note: No, Marxist Ms. Carter, the judge has placed the Rule of Law over the emotional reactions of an organization that thinks depriving people of their God-given rights to protect themselves, their families and their country is the preferred way of addressing the criminal behavior of outlaws who use weapons to hurt people. In other words, Ms Carter seems to think that it is okay to break the law if we do it for the “right” reasons.

"Machine guns - guns capable of automatic firing - have been tightly regulated under federal law since the 1930s," Carter said in a statement. "The laws banning them are not only constitutional, but crucial to public safety. These weapons of war, capable of causing irreparable harm to countless innocent people, have no place in our communities." Ed. Note: But of course, Marxist Ms. Carter, you would not favor taking away all those same firearms from the terrorist pig thug cops who as a group, hurt more innocent people than anyone else?

Ed. Note: Historically, whenever a government takes for itself the right to bear firearms and deprives its people that same God-given right, that government ends up slaughtering those innocent people by the millions and even hundreds of millions.