"home made" full auto machine guns legal in the 9th Circuit?

[dantodd]

Thanks Kharm. I found the docket on the SCOTUS website. Case Number is 04-617. The subsequent 9th Circuit opinion upholding 922(o) can be found at http://www.ca9.uscourts.gov/datastor...df?openelement

Tnx for posting that.

[submaniac]

There is also the case of U.S. v. Dalton in which the 10th circuit invalidated FOPA.

http://www.constitution.org/2ll/court/fed/us_v_dalton.htm

[Quiet]

Who knew Illinois of all places you could build a FA gun... talk about enemy territory.

Under IL state laws, AOWs are the only NFA firearms a non-exempt person can own/possess in IL.
DD, MG, NS, SBR & SBS are illegal for all non-exempt persons in IL.

[Bhobbs]

The Government appealed Stewart the same term as Raich. Supreme Court held Stewart, granted Raich cert, went through the motions and found that growing pot in your backyard does affect interstate commerce. Stewart was GVR'ed with "reconsider in light of Raich", the Circuit Court reexamined the issue and home-built MGs were found to affect interstate commerce as you could have bought an out-of-state MG, thus 922(o) was legit.

Well in CA 922(o) can't be legit because, without impossible to get licenses, we cannot buy MGs.

[6172crew]

This comes up every year or so.

Some guy built a Sten in garage and cops busted him. The DA went after him under the commerce act and the 9th said the Sten wasn't going to sold so it shouldn't fall under commerce act but then the whole 9th reviewed and said the commerce act does apply. So for a few months you could have been in limbo if you made your own Sten.

I might have missed some details but I'm pretty sure this sums up what the OP was talking about.

Nothing to see here folks/These are not the Droids your looking for.

[m03]

This comes up every year or so.

Some guy built a Sten in garage and cops busted him. The DA went after him under the commerce act and the 9th said the Sten wasn't going to sold so it shouldn't fall under commerce act but then the whole 9th reviewed and said the commerce act does apply. So for a few months you could have been in limbo if you made your own Sten.

I might have missed some details but I'm pretty sure this sums up what the OP was talking about.

Nothing to see here folks/These are not the Droids your looking for.

Yup, the case was discussed extensively on SubGuns.com back when it was still on-going.