66
Courts Rethinking Machine Gun Ban in the Post-Bruen World In 2008, U.S. Supreme Court Justice Antonin Scalia, now deceased, called the prospect that a court would rule that fully automatic firearms were protected by the Second Amendment “startling.” Two U.S. District Court judges have issued such rulings based on the 2022 U.S. Supreme Court decision in New York State Rifle and Pistol Association Inc. v. Bruen. Bruen states that a gun law is constitutional if it fits the plain text of the Second Amendment and has a historical analogue from the time of the Second Amendment’s ratification. Judges in Kansas and Mississippi found that the 1986 ban on civilian ownership of fully automatic firearms fails the Bruen test and is, therefore, unconstitutional. In 2022, Bureau of Alcohol, Tobacco, Firearms, and Explosives agents found machine gun conversion devices (MCD) and a machine gun during a search of Justin Bryce Brown’s home in Mendenhall, Mississippi. He was charged with posse...