By Nate Raymond | Denver Gazette
A federal judge has dismissed charges against a Kansas man for possessing a machine gun, saying prosecutors failed to establish that a federal ban on owning such weapons is constitutional.
The decision by U.S. District Judge John Broomes in Wichita on Wednesday appeared to mark the first time a court has held that banning machine guns is unconstitutional after the conservative-majority U.S. Supreme Court in 2022 issued a landmark ruling that expanded gun rights.
In that ruling, New York State Rifle & Pistol Association v. Bruen, the Supreme Court established a new test for assessing firearms laws, saying restrictions must be “consistent with this nation’s historical tradition of firearm regulation.”
The Supreme Court clarified that standard in June as it upheld a ban on people subject to domestic violence restraining orders having guns, saying a modern firearms restriction needs only a “historical analogue,” not a “historical twin,” to be valid.