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Kansas judge throws out machine gun possession charge, cites Second Amendment

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Kansas judge throws out machine gun possession charge, cites Second Amendment


A federal judge in Kansas has tossed out a machine gun possession charge and questioned if bans on the weapons violate the Second Amendment.

If upheld on appeal, the ruling by U.S. District Judge John W. Broomes in Wichita could have a sweeping impact on the regulation of machine guns, including homemade automatic weapons that many police and prosecutors blame for fueling gun violence.

Broomes, an appointee of President Donald Trump, on Wednesday dismissed two machine gun possession counts against Tamori Morgan, who was indicted last year. Morgan was accused of possessing a model AM-15 .300-caliber machine gun and a machine gun conversion device known as a “Glock switch” that can make a semi-automatic weapon fire like a machine gun.

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“The court finds that the Second Amendment applies to the weapons charged because they are ‘bearable arms’ within the original meaning of the amendment,” Broomes wrote. He added that the government “has the burden to show that the regulation is consistent with this nation’s historical firearm regulation tradition.”

As of Friday, no appeal had been filed. A spokeswoman for the U.S. Attorney’s Office in Wichita declined comment.

Federal prosecutors in the case said in earlier court filings that the “Supreme Court has made clear that regulations of machineguns fall outside the Second Amendment.”

A June 2022 Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen was seen as a major expansion of gun rights. The ruling said Americans have a right to carry firearms in public for self-defense.

Jacob Charles, an associate law professor at Pepperdine University who tracks Second Amendment cases, said the Kansas ruling is direct fallout from the Bruen decision.

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“It gives lower court judges the ability to pick and choose the historical record in a way that they think the Second Amendment should be read,” Charles said.

Charles expects Broomes’ ruling to be overturned, citing Supreme Court precedent allowing for regulation of machine guns.

Communities across the U.S. have dealt with a surge of shootings carried out with weapons converted to fully automatic in recent years. These weapons are typically converted using small pieces of metal made with a 3D printer or ordered online.

Guns with conversion devices have been used in several mass shootings, including one that left four dead at a Sweet Sixteen party in Alabama last year and another that left six people dead in a bar district in Sacramento, California, in 2022. In Houston, police officer William Jeffrey died in 2021 after being shot with a converted gun while serving a warrant.

The Bureau of Alcohol, Tobacco, Firearms and Explosives reported a 570% increase in the number of conversion devices collected by police departments between 2017 and 2021, the most recent data available, The Associated Press reported in March.

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How to Watch: No. 8 Kansas Jayhawks vs. Brown Bears

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How to Watch: No. 8 Kansas Jayhawks vs. Brown Bears


LAWRENCE, Kan. — The No. 8 Kansas Jayhawks are back at Allen Fieldhouse this Sunday afternoon to take on the Brown Bears in what promises to be an exciting matchup.

Kansas (8-2) is looking to build momentum after a commanding bounce-back victory over NC State, while Brown enters the contest riding high on a six-game win streak.

The Bears, representing the Ivy League, hold a 7-3 record and are currently third in their conference standings. Their recent stretch of success will be tested as they take on a Kansas team with a rich a roaring home-court advantage.

This will be the third meeting between the Jayhawks and the Bears. The teams last faced off in 1997, with Kansas securing a dominant 107-49 victory. The only other encounter dates back to 1989, when the Jayhawks claimed another lopsided win, 115-45.

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Where: Allen Fieldhouse
When: Sunday, 2 p.m. CT
TV: ESPN
Streaming: FUBO TV, YouTube TV

The Jayhawks will look to maintain their strong start to the season and add another win to their record, while the Bears aim to extend their streak against a tough Big 12 opponent.

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Drake men’s basketball outlasts Kansas State in overtime thriller in Kansas City

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Drake men’s basketball outlasts Kansas State in overtime thriller in Kansas City


Drake basketball player Bennett Stirtz broke the hearts of the team he grew up rooting for on Tuesday night.

Stirtz’s 3-pointer with 4 seconds left in overtime gave the Bulldogs a 73-70 victory over the Wildcats at the T-Mobile Center in Kansas City.

Stirtz, a native of Liberty, Mo., and a lifelong K-State fan, scored 22 points to help Drake improve to 10-0. The Bulldogs are receiving votes in the national polls and turning heads in coach Ben McCollum’s first season at the helm.

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Stirtz scored eight of Drake’s 10 points in overtime.

“It had everything to do with their toughness and their will to win,” McCollum said of the victory. “To Bennett specifically, I’ve had a lot of good guards, and I remember each of their ‘We’re not going to lose this game’ moments, and that was one of those moments. That says a lot about him and that says a lot about his teammates to trust him to be able to do that.”

Drake’s Mitch Mascari led all scorers with 25 points and went 8-for-10 from three-point range. Stirtz was next with 22 to go along with four assists, two rebounds and three steals. Cam Manyawu was the other Bulldog in double figures with 11 points and seven rebounds.

Mascari was 6-for-6 from 3-point distance in the first half.

The Bulldogs have crafted an impressive resume in non-conference play, beating Miami (Fla.), Vanderbilt and now Kansas State.

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Drake is one of four Division I teams still undefeated (Florida, Oklahoma, Tennessee are the others). The Bulldogs improved to 5-0 in games played away from home (4-0 neutral site, 1-0 road).

Drake will play host to Green Bay at 5 p.m. Saturday at the Knapp Center.

The Drake sports information department contributed to this report.



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Kansas State basketball vs Drake live score updates: Wildcats pay a visit to Kansas City

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Kansas State basketball vs Drake live score updates: Wildcats pay a visit to Kansas City


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KANSAS CITY, Mo. — Kansas State basketball ends a 10-day layoff at its home away from home Tuesday against unbeaten Drake at T-Mobile Center.

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The Wildcats (6-3) will try to get back on track after a second-half collapse resulted in an 88-71 loss at St. John’s on Dec. 7 as part of the Big 12/Big East Bash series. But they face a red-hot Drake team that is off to a 9-0 start under first-year coach Ben McCollum, including victories over Miami (Fla.), Florida Atlantic and Vanderbilt.

McCollum, who won four NCAA Division II championships at Northwest Missouri State, brought four starters with him to Drake, including top three scorers Bennett Stirtz (17.8 points, 6.1 assists per game), Daniel Abreu (13.9 points) and Mitch Mascari (12.2 points). The Bulldogs have five players on their roster from the Kansas City metro area.

Watch Kansas State basketball vs Drake live on ESPN+

K-State is playing its first game without backup forward Achor Achor, who left the team last week for personal reasons. Villanova transfer Brendan Hausen leads the Wildcats in scoring with 15.2 points per game, followed by super-senior forward David N’Gussan with 14.2 points and 6.8 rebounds.

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With the shot clock winding down, Drake’s Mitch Mascari leans in for a 3-pointers — he’s now 5-for-5 — and K-State falls behind 29-9.

With 7:39 left in the half, K-State still hasn’t cracked double digits, trailing Drake, 25-8. Drake is 9 of 15 from the floor, including 4 of 7 from 3 — Mitch Mascari 4-for-4 — while the Wildcats are 4 of 15 and have been outrebounded 11-6 and turned the ball over four times.

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Drake has hit 5 of 9 shots and has assisted on each basket, and leads 14-4 with 11:48 left in the half.

K-State is 2 of 10, 0-for-5 from 3, with three turnovers.

Mobi Ikegwuruka, who had been sidelined with an injury, was the first Wildcat off the bench along with Dug McDaniel for David Castillo at the point two minutes into the game.

Drake races to a 9-0 lead, forcing Jerome Tang to burn a timeout with 15:27 left in the half. The Wildcats are 0 of 5 shooting, including three 3-pointers, and have turned the ball over twice.

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Drake, on the other hand, is 4 of 6 with a 3-pointer and looks like the better team so far and it’s not close.

Freshman David Castillo gets his first start for K-State

The Kansas State point guard merry-go-round continues to spin. True freshman David Castillo gets his first career start tonight against Drake, making him the Wildcats’ third point guard to open a game this season.

CJ Jones started eight of the previous nine games and Dug McDaniel one. Interestingly, Castillo played just two minutes the last time out in the Wildcats’ 88-71 loss at St. John’s.

The other starters for the Wildcats tonight are the usual: guards Brendan Hausen and Max Jones, with Coleman Hawkins and David N’Guessan at forward.

Kansas State vs Drake game time today

  • Date: Tuesday, Dec. 17
  • Time: 7 p.m.
  • Location: T-Mobile Center, Kansas City, Mo.

What channel is Kansas State vs Drake game on today?

Kansas State vs Drake prediction

K-State is a slim favorite and desperate for a victory to build momentum heading into Big 12 play, but Drake has outscored its opponents by nearly 20 points per game and ranks second nationally in scoring defense. Give a slight edge to the Bulldogs.

Prediction: Drake 70, Kansas State 65

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Kansas State vs Drake betting odds

Game lines and odds from BetMGM as of Tuesday afternoon:

  • Spread: Kansas State -1.5
  • Over/under: 134.5 points

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Arne Green is based in Salina and covers Kansas State University sports for the Gannett network. He can be reached at agreen@gannett.com or on Twitter at @arnegreen.



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