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KenpoProfessor
11-21-2007, 2:18 AM
http://caselaw.lp.findlaw.com/data2/circs/9th/0210318p.pdf

http://lawschool.mikeshecket.com/constitutionallaw/unitedstatesvstewart.htm

This is a case I found this morning and was wondering why more people haven't referenced it regarding OLL's. This is very unlike the 9th, who, even in this decision, regard the 2nd amendment as a collective right. I also wonder why the NRA hasn't pounced on this as in issue either, I mean, c'mon, it's 4 years old and I don't remember this ruling getting much attention.

I think I have a bit more discovery to do here but if we win Heller, this ruling has already opened the door to possess MGs that you've made, but soon, we'll be able to buy newly manufactured ones legally again. Being as AZ is an NFA legal state, I'm gonna see where this goes. Who knows, daddy may need a new (self made) MG for Xmas :D

Have a great gun carryin' Kenpo day

Clyde

M. Sage
11-21-2007, 5:13 AM
Hmm, it's not from a 2A angle, though. They won on interstate commerce.

It doesn't affect the CA "no machine gun" law, either.

Still... interesting stuff.

JawBone
11-21-2007, 6:39 AM
Wrong. No one cites to that case because cert was granted and the Judgment was vacated by SCOTUS in 2005. U.S. v. Stewart, 545 U.S. 1112.

Just because an opinion was written does not mean it is still good law.

The case was remanded back to the 9th Circuit and they "reconsidered" their ruling in light of additional SCOTUS decisions (shocker).

U.S. v. Stewart, 451 F.3d 1071 (9th Cir. Jun 30, 2006):

Statute criminalizing the possession of homemade machineguns manufactured intrastate was not an unlawful extension of Congress's commerce powers; even if the machineguns never traveled in interstate commerce and were unique in design, the statute was part of a comprehensive legislative regime regulating interstate commerce in firearms, and the possession of homemade machineguns in the aggregate could substantially affect the national market for commercial machineguns, which was established and lucrative. U.S.C.A. Const. Art. 1, 8, cl. 3.; 18 U.S.C.A. 922( o).

FreedomIsNotFree
11-21-2007, 11:10 AM
With a positive outcome in Heller, those folks in NFA friendly states will likely see those federal requirements lifted. Can you hold out a few more months?