BREAKING! Supreme Court Decision Strikes Down Machine Gun Possession Law & Charges!

Published on February 19, 2025
Duration: 9:21

This expert-level analysis from Armed Scholar details how federal machine gun possession laws are being challenged and struck down in federal courts, citing the Second Amendment and the Supreme Court's Bruen decision. The video explains the reasoning in US v. Morgan and US v. Brown, where courts found machine guns and conversion devices to be 'bearable arms' protected by the Second Amendment. The government's failure to provide sufficient historical analogs to justify these restrictions is highlighted, with the Morgan case now on appeal to the 10th Circuit.

Quick Summary

Federal courts are increasingly dismissing machine gun possession charges, citing the Second Amendment and the Supreme Court's Bruen decision. Cases like US v. Morgan have found that machine guns and conversion devices are 'bearable arms' protected by the Second Amendment, and the government has failed to provide sufficient historical justification for bans.

Chapters

  1. 00:00Introduction to Machine Gun Case & 10th Circuit Review
  2. 00:11Sponsor Message: 1st Phorm Supplements
  3. 00:47Federal Court Dismisses Machine Gun Charge (2nd Amendment & Bruen)
  4. 01:03US v. Brown Case: Machine Gun Convictions Dismissed
  5. 01:21US v. Morgan Case Details: Kansas District Court Ruling
  6. 01:54Morgan's Charges: Machine Gun & Glock Switch
  7. 02:23Court's Bruen Analysis: Machine Guns as 'Bearable Arms'
  8. 03:10Heller Interpretation & Modern Arms Protection
  9. 04:01Miller Analysis & Militia Purpose Context
  10. 04:47Morgan Case vs. Miller Precedent Distinction
  11. 05:14Government Fails Historical Analog Burden
  12. 05:36Summary of Government's Failure to Justify Restrictions
  13. 06:10Government's Lack of Evidence in Morgan Case
  14. 06:38Impact of Morgan and Brown Decisions on Machine Gun Laws
  15. 07:25Morgan Case Appeal to the 10th Circuit Court of Appeals
  16. 08:49Conclusion & Call to Action: Follow 10th Circuit Appeal

Frequently Asked Questions

What federal court decisions are striking down machine gun possession laws?

Federal courts, including district courts in Kansas (US v. Morgan) and Mississippi (US v. Brown), have dismissed machine gun possession charges. These rulings cite the Second Amendment and the Supreme Court's Bruen decision, finding that machine guns and conversion devices are protected 'bearable arms'.

How does the Bruen decision impact machine gun laws?

The Bruen decision mandates that Second Amendment protections apply to arms 'in common use' for lawful purposes. Courts are now interpreting this to include machine guns and conversion devices, finding that the government has failed to provide sufficient historical analogs to justify bans on their mere possession.

What is the significance of the US v. Morgan case?

In US v. Morgan, a federal judge ruled that possessing a machine gun and a Glock switch is protected by the Second Amendment. The court found these to be 'bearable arms' and rejected the government's historical arguments, setting a precedent for similar cases.

Where is the US v. Morgan machine gun case currently?

The US v. Morgan case, where machine gun possession was found to be a Second Amendment violation, has been appealed by the federal government to the 10th Circuit Court of Appeals for review. This case could be elevated to higher courts.

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