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9th Circuit Ruling Says Federal Ban on Homemade Machineguns Exceeds Commerce Clause Authority
Keep and Bear Arms ^
| 14 November 2003
| staff
Posted on 11/14/2003 12:40:55 PM PST by 45Auto
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Very interesting - at least until the en banc court gets to it.
1
posted on
11/14/2003 12:41:01 PM PST
by
45Auto
To: *bang_list
BANG
2
posted on
11/14/2003 12:42:57 PM PST
by
phasma proeliator
(it's better to die with honor than to live without it.)
To: 45Auto
9th Circuit Ruling Says Federal Ban on Homemade Machineguns Exceeds Commerce Clause AuthorityI almost **** a brick just reading the headline...
To: 45Auto
Surprised to read this out of the 9th is an understatement. However, I have to agree that the en banc panel is unlikely to support it.
4
posted on
11/14/2003 12:46:43 PM PST
by
zx2dragon
(I could never again be an angel... Innocence, once lost, can never be regained.)
To: 45Auto
He was convicted of being a felon in possession of a firearm and of possessing several unregistered machineguns -- homemade machineguns. Did he machine all the parts or just convert another weapon? "Homemade" makes it sound like he built it from scratch.
To: 45Auto
Isn't this the "9th circus" that has handed down so many crazy liberal rulings?
Carolyn
6
posted on
11/14/2003 12:47:03 PM PST
by
CDHart
To: 45Auto
Buda-Buda-Buda Ping
To: 45Auto
Kozinski tried to distinguish Wickard, but you really can't. That case is so broad that it basically covers everything. The Supremes ought to ditch it.
8
posted on
11/14/2003 12:49:14 PM PST
by
XJarhead
To: 45Auto
In my opinion, the Congress has greatly over-stepped its authority in its overly broad interpretation of what it can regulate under the Commerce Clause. Congress has taken that to ridiculous levels, such that they can overrule anything in the Bill of Rights based on the Commerce Clause. That is tantamount to treason in my book.
For example, if one lived in Wyoming and one purchased a fine Freedom Arms Revolver and then the gun was involved in a criminal act, it could become a federal issue because the federal DOJ could argue that the Commerce Clause applies since the paper used by Freedom Arms in their invoicing system came from a pulp mill in Oregon and had to be sold across state lines and thus, the entire operation falls under the Commerce Clause. That's how crazy the commerce clause has become.
9
posted on
11/14/2003 12:53:09 PM PST
by
45Auto
(Big holes are (almost) always better.)
To: DeFault User
Without seeing the weapons it's hard to say. I've seen several 'deactivated' MGs that with a bit of machine work could be brought back to full auto. Many of the older machine-pistols such as the C-96 Mauser or Lugers have the capability of being converted to such. I've seen a 1917 artillary luger with the 'trommel magazine' of 32 rounds fire off the entire mag in about 15 seconds after inserting a sear that allowed for full auto functioning.
To: DeFault User
I need to add that I've only 'seen'(can't seem to remember where exactly) and heard of these these things...ahem. The tendancy of such small handguns under full auto to walk up the wall would make them very innacurate and it would also be very hard on the mechanisms and barrels, ruining the gun after only a few such uses....
To: 45Auto
It's about time someone in the courts got their head out of their posterior. Even if this gets shot down en banc, it still sets up a higher challenge.
Groovy... A business opportunity!
12
posted on
11/14/2003 1:10:20 PM PST
by
Dead Corpse
(For an Evil Super Genius, you aren't too bright are you?)
To: 45Auto; billbears; 4ConservativeJustices
The federal government has been abusing the commerce clause for decades, to the detriment of individual liberties from sea to shining sea.FWIW the commerce clause is more proof the Constitution is a myth, a relic, a phantom; thus, any talk about this or that being constitutional or unconstitutional is nothing but smoke'n'mirrors, or bovine manure to feed the masses...
13
posted on
11/14/2003 1:13:09 PM PST
by
Ff--150
(Now unto Him Who is able to do)
To: 45Auto
There's a limit to commerce clause authority? There goes 3/4 of the government...
14
posted on
11/14/2003 1:14:57 PM PST
by
thoughtomator
("A republic, if you can keep it.")
To: CDHart
Indeed, the 9th is overturned moe than 70% of the time, but this one at least makes it clear that they are READING THE LAW, NOT MAKING IT, for a change!
15
posted on
11/14/2003 1:18:14 PM PST
by
pageonetoo
(In God I trust, not the g'umt! and certainly not the Dims!)
To: 45Auto; Dan from Michigan; Travis McGee
Is this ruling for real or is this an urban myth that's just getting reprinted?
I ask because I was under the impression that the 9th Circuit was ruling on the Interstate Commerce Clause as not being applicable to a porno case, something much more in line with the 9th Circuit's ideology (as in: the 9th saying that the Federal government couldn't use the Interstate Commerce Clause to regulate porn...somehow getting urbanized into a myth that the ICC likewise wouldn't apply to federal firearms laws).
16
posted on
11/14/2003 1:20:44 PM PST
by
Southack
(Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
To: Southack
17
posted on
11/14/2003 1:24:15 PM PST
by
spunkets
To: 45Auto
For example, if one lived in Wyoming and one purchased a fine Freedom Arms Revolver and then the gun was involved in a criminal act, it could become a federal issue because the federal DOJ could argue that the Commerce Clause applies since the paper used by Freedom Arms in their invoicing system came from a pulp mill in Oregon and had to be sold across state lines and thus, the entire operation falls under the Commerce Clause. That's how crazy the commerce clause has become. The sort of "reasoning" that goes on every day with regard to the Constitution would have earned me a firm backhand from my father growing up.
Most of these twits would exceed their potential patroling a mall parking lot in a golf cart.
To: spunkets
Thanks, I must have been thinking about US v McCoy that the 9th Circuit just ruled on.
Still, it's pretty amazing to see the 9th actually follow Constitutional law for their *reasoning* in any of their rulings. Makes one wonder just what they're up to...
19
posted on
11/14/2003 1:35:48 PM PST
by
Southack
(Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
To: Southack
"9th actually follow Constitutional law for their *reasoning* in any of their rulings."Well they got this 1/2 and 1/2.
"Makes one wonder just what they're up to...
I suspect some sort of hard drug. < /LOL > I'll bet they're thinking ahead to protecting drug use somehow under the guise of homemade, or homegrown.
20
posted on
11/14/2003 1:42:50 PM PST
by
spunkets
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