9th Circuit Ruling Says Federal Ban on Homemade Machineguns Exceeds Commerce Clause Authority

Keep and Bear Arms ^ | 14 November 2003 | staff

[Travis McGee]

One of the recent Stewart threads said that he had been convicted (? or charged? My memory is hazy) last summer of soliciting the murder of his judge, and he got (? or could get?) 20 years for that, regardless of what happens with the machine gun charges.

[Boot Hill]

"One of the recent Stewart threads said that he had been convicted (? or charged? My memory is hazy) last summer of soliciting the murder of his judge..."

I never heard that so I ran a Google check and found zip. Only thing I can figure is that somebody must be confusing the Stewart case with the Simkanin case in Texas.

--Boot Hill

[Boot Hill]

This looked like an interesting thread that either of you might want to read and maybe comment on.

--Boot Hill

[harpseal]

I am really glad to see this decision. I always enjoy seeing the commerce clause limited to something that might someday approach a sane limitation on it. The specifics of the case seem to indicate there will be a market for components to build one's own machine gun machining those parts necessary for the final product. Of course we will have leechocrats debating like medevil theologians just where the limit of home manufacture ends and interstate commerce begins. (How many angels can dance on the head of a pin. What we do need is one SCOTUS ruling that the Second clear states an individual right. Such along with the commerce clause would do much to halt the Federal encroachment on individual liberties.

In short I applaud any ruling that limits the Commerce Clause authority or upholds teh individual right to keep and bear arms.

[Travis McGee]

I certainly hope that my memory was faulty!