A U.S. judge has dismissed charges against a woman who possessed a machine gun, citing a U.S. Supreme Court decision that shifted the framework for how courts analyze cases dealing with constitutional rights.
Machine guns fall under the U.S. Constitution’s Second Amendment, U.S. District Judge John Broomes found.
That means prosecutors must show that the law barring possession of machine guns is rooted in historical firearm restrictions, under the 2022 Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen, he added.
“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 in his 10-page ruling on Aug. 21. “Indeed, the government has barely tried to meet that burden. And the Supreme Court has indicated that the Bruen analysis is not merely a suggestion.”
Supreme Court Justice Clarence Thomas, writing for the majority in Bruen, said that when the Second Amendment is found to apply, government officials must show that the regulation in question “is consistent with this nation’s historical tradition of firearm regulation.” […]
— Read More: www.theepochtimes.com
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