Trump-Appointed Judge Takes on Major Second Amendment Case
During his presidency, Donald Trump appointed a series of judges, including Judge John W. Broomes, who was appointed to the U.S. District Court for the District of Kansas.
Broomes’ Background in Law and Judicial Philosophy
Before being appointed as a U.S. District Judge, Broomes was a private practicing lawyer whose primary focus was complex commercial litigation and environmental law.
Conservative Leanings Influence Broomes’ Rulings
Now that Broomes is a federal judge, his rulings typically align with conservative beliefs, especially regarding constitutional interpretation and federal regulations.
Broomes Sides With Gun Rights in Machine Gun Case
In his latest case, Broomes’ conservative leaning has remained strong as the case centered on Tamori Morgan’s possession of a machine gun and a conversion device.
Federal Regulations on Machine Guns Challenged
Broomes ruled that the federal government failed to prove that their regulations on machine guns align with the nation’s historical tradition of firearm regulation established by the Second Amendment.
Supreme Court’s Bruen Decision Influences Ruling
The decision was also heavily influenced by the 2022 Supreme Court case of New York State Rifle & Pistol Association v. Bruen, which further expanded gun rights.
Historical Interpretation of the Second Amendment at Play
The Supreme Court’s decision to side with Bruen set the precedent that lower courts could now reinterpret the Second Amendment based on historical records.
Broomes Declares Machine Guns as “Bearable Arms”
As a result, Judge Broomes wrote in his ruling, “The court finds that the Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning of the amendment.”
Government’s Burden to Prove Historical Consistency
“The government has the burden to show that the regulation is consistent with this nation’s historical firearm regulation tradition,” Judge Broomes wrote.
Concerns Over Judicial Authority in Gun Cases
An associate law professor at Pepperdine University, Jacob Charles, has pointed out that this Supreme Court decision may actually provide lower courts with too much authority on the subject.
Law Professor Warns of Selective Interpretation
Charles told the Associated Press that the decision allows judges to ”pick and choose the historical record in a way that they think the Second Amendment should be read.”
Historic First
Now, Judge Broomes’ decision is the first time in U.S. history that a machine gun ban has been found unconstitutional in its application, which could have major consequences on gun control thanks to the precedent it sets.
Legal Experts Expect Ruling to Be Overturned
However, Eric Ruben, an associate law professor at Southern Methodist University, expects that this ruling will eventually be overturned thanks to existing Supreme Court precedents on machine guns.
Ruling Could Affect Future Gun Regulations
Despite Ruben’s expectations, if the decision is not overturned, gun regulations could be significantly affected for not only machine guns but also homemade automatic weapons.
Law Enforcement Expresses Concern Over Ruling
As a result, law enforcement agents have already shared concerns over the issues as guns equipped with conversion devices, such as the one found in Morgan’s possession, have been used in several mass shootings.
Federal Prosecutors’ Argument Ignored by Broomes
Federal prosecutors tried arguing in the Morgan case that the Supreme Court has set a precedent that machine guns fall outside the protections offered by the Second Amendment, but Broomes ultimately ignored this.
Gun Control Advocates Criticize the Decision
Shira Feldman of Brady United Against Gun Violence was quick to respond to the ruling and highlighted the dangers she believes this decision may play a part in creating.
Feldman Calls Ruling “Incredibly Dangerous”
Feldman said Judge Broomes made “an incredibly dangerous decision, and it’s inconsistent with what the Supreme Court has said the Second Amendment means.”
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