Very interesting - at least until the en banc court gets to it.
posted on 11/14/2003 12:41:01 PM PST
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.)
9th Circuit Ruling Says Federal Ban on Homemade Machineguns Exceeds Commerce Clause Authority
I almost **** a brick just reading the headline...
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.
posted on 11/14/2003 12:46:43 PM PST
(I could never again be an angel... Innocence, once lost, can never be regained.)
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.
Isn't this the "9th circus" that has handed down so many crazy liberal rulings?
posted on 11/14/2003 12:47:03 PM PST
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.
posted on 11/14/2003 12:49:14 PM PST
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.
posted on 11/14/2003 12:53:09 PM PST
(Big holes are (almost) always better.)
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!
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...
posted on 11/14/2003 1:13:09 PM PST
(Now unto Him Who is able to do)
There's a limit to commerce clause authority? There goes 3/4 of the government...
posted on 11/14/2003 1:14:57 PM PST
("A republic, if you can keep it.")
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).
posted on 11/14/2003 1:20:44 PM PST
(Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
GO BOB!!! Was wondering how/what he was doing. WOO-HOO!!!
Hot digidy dog! Now I can dig up my old issues of FIREPOWER Magazine and my copy of WEAPONS OF THE AMERICAN UNDERGROUND!
LOCK and LOAD, ROCK and ROLL!
posted on 11/14/2003 3:52:56 PM PST
by Ruy Dias de Bivar
(Could you spare a dollar for a fellow American down on his luck?)
By inference, home made pistols and silencers would not be regulated as well.
Anyone with access to car leaf spring steal, a home made propane forge, and machine tools could make their own firearms and not get in trouble with the law - as long as the firearm is not sold.
posted on 11/14/2003 6:41:12 PM PST
(People are entitled to their opinion - no matter how wrong it is.)
I can't believe the 9th Circuit Ruling Says Federal Ban on Homemade Machineguns Exceeds Commerce Clause Authority.
I wonder how this is going to end?
posted on 11/14/2003 11:19:33 PM PST
("It is when people forget God that tyrants forge their chains." -- Patrick Henry)
To: tpaine; harpseal
This looked like an interesting thread that either of you might want to read and maybe comment on.
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