WICHITA, Kan — 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.

“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.

“The Glock switch has been illegal since 1986 for any civilians to own it. Outside of military and law-enforcement, it was illegal. This new case that has occurred has kind of set a new precedent in that regard,” said Josh Bowler, manager at The Bullet Stop in Wichita.

Bowers said Glock switches are also deadly.

“Spray and pray, you’re putting a lot of rounds down range, a lot of lead down range and you lose control. Accuracy is just not there, semiautomatic is going to be a lot more controlled, a lot more accurate,” he said.

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.

“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.

Defense Attorney Dan Monnat who is not associated with the Wichita case, said moving forward, others charged with possession will try to use this ruling to their benefit.

“I presume everybody accused of possessing machine guns will use this case as precedent to contend that the cases can’t be prosecuted,” he said.

But he said this case is not yet settled law.

“No, unless double jeopardy attaches, the government can appeal this case to the 10th Circuit U.S. Court of Appeals or ask for review in the United States Supreme Court,” Monnat said.

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.

See full story at KWCH.com

AUGUSTA, Kan. — Questions still linger after two Augusta teens arrested in connection to the murder of 93-year-old Joanne Johnson. There are a lot of factors that go into whether prosecutors will attempt to try the suspects in this murder case as adults. The real question is, how realistic is it? And, how realistic is it they will succeed?

Wichita attorney Dan Monnat says prosecutors will have to jump through a lot of hoops. First, Monnat says it is important to remember that juveniles are not adults. Only in extreme cases will a prosecutor ask a judge to treat a child as an adult.

“In that circumstance, the prosecutor has to file a motion and the judge has to find by the greater weight of the evidence that the community will be better served by the child being treated as an adult,” Monnat said.

There are several key factors for a judge to consider when making that decision, including the
seriousness of the crime.

“Whether the offense is against a person or a piece of property, whether the offense is committed in an extremely aggressive, violent or premeditated way,” Monnat said.

The judge will also consider the juvenile’s homelife and upbringing and their mental status.

But will that happen? It’s hard to know.

“Not every case is the same. Not every murder case is the same,” Monnat says. “I don’t think there is any way we could generalize to say that yes, fair-minded, wise prosecutors always seek an adult prosecution where a juvenile is arrested or accused of murder.”

Monnat says that if the suspects are tried as adults they could face life in prison. However, if they are tried as juveniles, they would face a minimum of 60 months in a Kansas juvenile correctional complex with a maximum imprisonment until they are 22 ½ years old.

They could also receive both a juvenile and adult sentence and the adult sentence would be stayed. But if they do violate the conditions of the juvenile system, they would receive that adult sentence.

See full story at KWCH.com

Three attorneys of Monnat & Spurrier, Chartered, have been honored by Best Lawyers in America® 2025, including firm President Dan Monnat, who was named to the prestigious list for the 37th consecutive year.

Dan Monnat has practiced throughout Kansas and the United States for nearly 50 years, waging relentless defenses for clients facing high-stakes trials, grand juries, federal and state appellate courts, and regulatory/governmental investigations. First named to the Best Lawyers in America list in 1989, Monnat makes his 37th consecutive appearance on the list of legal luminaries, this year recognized for his work in Criminal Defense-General Practice; Criminal Defense-White Collar; Bet-the-Company Litigation; and Appellate Practice.

A prolific author and lecturer on criminal defense topics, Monnat is a cum laude graduate of California State University, with a J.D. from Creighton University School of Law. He is a graduate of Gerry Spence’s Trial Lawyer’s College.

Stan Spurrier, who co-founded the firm with Monnat in 1985, was recognized by Best Lawyers in the areas of Appellate Practice; Criminal Defense: General Practice; and Criminal Defense: White-Collar.

Well-known for his keen legal scholarship, Spurrier earned his bachelor’s degree from Wichita State University and his J.D., magna cum laude, from Washburn University School of Law.

Eli O’Brien is an associate attorney whose trial practice includes defense of serious felony accusations, as well as significant DUI / DWI cases. He was honored by Best Lawyers in the practice areas of Criminal Defense: General Practice; Criminal Defense: White-Collar; and DUI / DWI Defense.

Before joining Monnat & Spurrier in 2015, O’Brien was a trial attorney with the Sedgwick County Public Defender’s Office. O’Brien is a graduate of Washburn University School of Law and the National Criminal Defense College Trial Practice Institute at Roger Williams School of Law in Bristol, Rhode Island.

Grace (Xiaogao) Wu-Monnat ’91 garnered lifetime achievement accolades at the 2024 Tiger Claw Elite KungFuMagazine.com competition for her career as an elite martial artist and spirited promoter of wude (martial ethics).

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WICHITA, Kan. – Chambers USA 2024 has ranked Dan Monnat, of Monnat & Spurrier, Chartered, in the top tier of Kansas litigators for White-Collar Crime and Government Investigations, describing him as “a widely venerated litigator, respected in the market for his expert representation in trial and appellate white-collar criminal proceedings… and one of the best-known criminal defense lawyers in Wichita.”

Monnat’s work in healthcare and financial investigations has earned him a place on Chambers’ top-tier list for 14 consecutive years. His clients have included both individuals and companies involved in matters investigated by bodies such as the DOJ, the US Attorneys’ Office, and Kansas AG.

“In the area of white-collar crime and government investigations, Chambers bestowed this top-tier ranking on only six attorneys across Kansas,” Monnat said. “I’m honored to be considered among this prestigious group of colleagues.”

Monnat has practiced criminal law, white-collar criminal law, and appellate law statewide for nearly 50 years. Highly regarded by peers and clients, Monnat consistently ranks among Super Lawyers’ Top 100 Lawyers in Missouri and Kansas, and five times has been named among its Top 10 Lawyers. A graduate of California State University, he received his J.D. from Creighton University School of Law. He also is a graduate of Gerry Spence’s Trial Lawyer’s College.

A frequent editorial contributor on criminal defense topics, Monnat is co-author of “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 5th edition.

Monnat has earned distinction as a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, the American Board of Criminal Lawyers, the American Bar Foundation, and the Kansas Bar Foundation. He currently sits on the Kansas Association of Trial Lawyers’ Board of Editors and contributes legal articles annually.

Monnat is a member of the National Trial Lawyers Association. He is a past member of the Board of Directors of the National Association of Criminal Defense Lawyers and lectures frequently at NACDL conferences and seminars nationwide.

A longtime Wichita resident recently received one of the country’s most prestigious honors in martial arts.

Grace Wu-Monnat, who has taught martial arts in downtown Wichita since 1986, was honored with a Lifetime Achievement Award on May 5 at the Tiger Claw Elite KungFuMagazine.com competition in San Jose, Calif.

Wu-Monnat, an internationally renowned master, teacher and judge of professional Chinese Martial Arts competitions, has judged the Tiger Claw Elite competition for the past 18 years. She has critiqued kung fu, modern wushu and tai chi, as well as other styles and disciplines.

The award was presented by event organizers to recognize Wu-Monnat for her lifetime career as an international competitor and judge, as a master instructor in her own school and for her contribution to promoting the spirit and practice various styles of Chinese martial arts.

“Studying Chinese martial arts has brought physical health, mental strength, joy and better character to me,” Wu-Monnat said in a release. “Wherever I am, it is always my honor to share this treasure of Chinese culture with the world.”

Wu-Monnat is best known locally as the founder of the Grace Wu Kung Fu School, located at 122 N. St. Francis, where she has taught shaolin kung fu, tai chi and bagua to children and adults since 1986. She also works as the office manager for the law firm of Monnat & Spurrier, which her husband, Dan Monnat, co-founded in 1985.

She was born in Shanghai, China, and began training at the age of 3 with three of China’s most famous and influential martial artists: her grandfather, Gradmaster Wang Ziping, and her mother, Madame Wang Jurong, a national martial arts champion and first generation woman wushu grandmaster, and her father, Dr. Wu Cheng-de, a prominent wushu master.

Wu-Monnat earned a bachelor’s degree in Chinese Martial Arts from Shanghai Teachers University. After emigrating to the United States, she received a master’s in sports administration from Wichita State.

Full story at Kansas.com

WICHITA, Kansas — Wichita’s Grace Wu-Monnat – an internationally renowned Master, teacher and judge of professional Chinese Martial Arts competitions worldwide – was honored with a Lifetime Achievement Award on May 5, at the 2024 Tiger Claw Elite KungFuMagazine.com competition in San Jose, Calif. Tiger Claw Elite is the largest, most prestigious Kung Fu and Tai Chi tournament on the West Coast and one of the most important competitive arenas in the U.S.

Wu-Monnat has judged the competition for the past 18 years, critiquing Kung Fu, Modern Wushu, Tai Chi and other styles and disciplines. The Life Achievement Award was presented by event organizers to recognize Wu-Monnat for her lifetime career as an international competitor and judge, as a Master instructor in her own school, and for her contribution to promoting the spirit and practice various styles of Chinese martial arts and wude (martial ethics).

Locally, Wu-Monnat is best known as founder of the Grace Wu Kung Fu School at 122 N. St. Francis, where, since 1986, she has taught all forms of Shaolin Kung Fu, Tai Chi and Bagua to children and adults. She also serves as Office Manager for the law firm of Monnat & Spurrier, Chartered, which her husband, nationally known criminal defense attorney Dan Monnat, co-founded in 1985. It was through the law firm that Grace and Dan began to share the philosophy of Chinese martial arts beyond the sports world, incorporating the concepts of Sun Tzu’s “The Art of War” into the firm’s successful courtroom defense strategy.

Taking the concept a step further, the two developed a continuing legal education program to share the strategies and practical legal principles with thousands of lawyers across the country in their seminar, “Crouching Tiger, Hidden Dragon: Kung Fu Strategies for Trial.” The event is standing-room-only each time it is featured at national and regional legal conferences offered by the National Association of Criminal Defense Lawyers and others.

“Studying Chinese martial arts has brought physical health, mental strength, joy and better character to me,” Wu-Monnat said. “Wherever I am, it is always my honor to share this treasure of Chinese culture with the world.”

Wu-Monnat, whose family lineage of martial arts prowess stems back generations and multiple Grandmasters, is the daughter of Madame Wang Jurong and Dr. Wu Chengde, two of the earliest pioneers who brought Chinese martial arts and Traditional Chinese Medicine to the United States. Wu-Monnat began training under her mother and her grandfather, Grandmaster Wang Ziping, at age 3. She received her bachelor’s degree in Chinese Martial Arts from Shanghai Teachers University. After emigrating to the United States, she earned a Masters’ Degree in Sports Administration from Wichita State University.

VALLEY CENTER, Kan. — The Valley Center police department says it will be wrapping up its investigation into the Valley Center boys’ varsity baseball team in about a week.

Police Chief Lloyd Newman told KAKE News the investigators have basically gathered all they can and should be finalizing their findings soon. He says the department is working on getting a presentation scheduled with the Sedgwick County District Attorney’s Office, but it will be about a month before they’re able to meet and the office could possibly set charges.

Dan Monnat, a defense attorney at Monnat & Spurrier, says it might seem like there’s a delay in the process, but this is because the district and city attorney’s offices get hundreds of cases each year that they have to go through and not all cases have the same timeline.

“The case being investigated that poses the greatest danger to the public has to be investigated and charged first,” said Monnat.

Monnat explains there’s no rush for the DA to possibly make charges because there’s no threat to the public and the Valley Center Police Department said there’s no one in custody.

“If a person is imprisoned, then the investigation and charging has to be concluded that much more quickly because you may be incarcerating an innocent person,” said Monnat.

Newman and Monnat say for a case with no threat to the public this timeline isn’t bad or unusual. Especially since there’s a major backlog in the criminal justice system nationwide.

“It cannot be underestimated how backlogged and taxed our national and local criminal justice systems are because of the backlog from the pandemic,” said Monnat. He said low staffing is another reason there’s backlog.

The Valley Center Police Department said it will be wrapping up its investigation into this in about a week.

Last month it said it was investigating the Valley Center boys’ varsity baseball team after getting a report about animal cruelty. Police said a chicken was killed on the baseball field before the team left for an away game.

See the full story at KAKE.com

WICHITA – It’s still illegal. Even if the U.S. Drug Enforcement Administration moves forward with reclassifying marijuana to make it considered a less serious drug, some point out this will not immediately make weed legal on the state or even federal levels.

“Today’s reclassification of marijuana from a Schedule I substance to a Schedule III substance makes good sense. Right now, it’s lumped in with heroin and LSD as a substance with a high potential for abuse and no accepted medical use,” said KSN legal analyst Dan Monnat. “On the other hand, in the modern world, we know it has a lower potential for abuse than Schedule I or Schedule II substances, and it has accepted medical uses.”

Why Kansans can’t put marijuana on the ballot

Monnat points out this is only a reclassification by one part of the federal government, the DEA, and it’s not a done deal yet. He also says existing drug convictions will still stand.

“It’s important to remember what has been recommended today has been reclassification,” said Monnat. “However, even if reclassified, this is not going to throw open the doors of the penitentiary.”

Law enforcement says marijuana will still be illegal in Kansas.

“That’s still illegal here, so them changing it to a Class I or Schedule I doesn’t make it legal to use any time you want,” said Sedgwick County Sheriff Jeff Easter. “It’s still illegal here in the State of Kansas. So I really don’t see any changes to it. You know, most of the marijuana we get here is the high-grade marijuana coming out of Colorado or Oklahoma, which is the black market. It’s not like it’s being sold legally there, either. That’s the black market stuff that’s coming here in hundreds of pounds.”

Kansas won’t have legal medical pot or expand Medicaid for at least another year

Sheriff Easter says the concern with many law enforcement officers remains the strength of the marijuana being sold on the streets. He says many of the “vape pens” containing marijuana will have a THC content as high as 90%.

“The folks that want to see this stuff passed and the medical marijuana and those types of things, they don’t see the back side of what we see every day. Whether you legalize it or not, we are still going to have drug addicts, robberies, and shootings over it because you are still selling it illegally. And what we’ve seen in these other states is those crimes have gone up. In my opinion it comes down to marijuana is somewhat, I get the argument, is like alcohol especially the old kind of marijuana. Is alcohol addictive? Yes, it is. And so what you’re trying to introduce here is another addictive drug that could be detrimental to society,” said Sheriff Easter.

See the full story at KSN.com

WICHITA — A hearing for the Carr brothers is scheduled to take place Monday. Jonathan and Reginald Carr are seeking to be re-sentenced for several murders in a weeklong crime spree in 2000. The brothers were found guilty of abusing and terrorizing five people, killing Aaron Sander, Brad Heyka, Heather Muller and Jason Befort. They also killed Ann Walenta in a separate incident.

The case has a long history of appeals and has been heard in front of the Kansas and U.S. Supreme Court. Along the way some of the charges the brothers faced have been vacated voided or reversed.

Initially, the brothers were tried and convicted of capital murder together, which is what their attorneys are now trying to change. Attorneys representing each brother have filed for resentencing, but this time they want it done separately.

Defense attorney Dan Monnat, who is not involved with the case, says cases like this one need to be handled the right way.

“Is all that necessary in a death penalty case? Absolutely,” said Monnat. “Whenever government anywhere seeks to render the ultimate penalty, the ultimate degree of care and fairness must be assured.”

Monday’s hearing is considered a status conference to determine the next steps for the attorneys to argue the motion for a new sentencing hearing. The state has filed responsive pleadings in each case opposing the request.

See full interview at KWCH.com