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Lance on Regulation
November 16, 2003Appeals court overturns machine gun convictionSo much for the idea that the 9th Circuit Court is some sort of liberal juggernaut I guess. This is a pretty impressive ruling -- I hadn't realized that there were still courts around who thought the Commerce Clause had limits to its reach. Good for them! It probably won't have much impact on the gun movement, as the lawyer asserts in the article, but it's still and interesting ruling, in the consitutional sense. Next thing you know, some court might figure out that the DEA has no business busting medical marijuana clinics or growers that do all their business locally (meaning the commerce is not "among the several states", as the abused Commerce Clause specifies). But I digress. Appeals court overturns machine gun conviction DAVID KRAVETS SAN FRANCISCO - A federal appeals court Thursday overturned a Mesa, Ariz. man's federal conviction of possessing five machine guns. A three-judge panel of the 9th U.S. Circuit Court of Appeals of San Francisco reversed the conviction, ruling that the congressional ban does not apply to homemade machine guns and their parts because they were never in the stream of commerce. The court ruled that there was neither a transfer nor sale of the weapons or their parts, so Congress did not have the power under the Commerce Clause to regulate homemade guns crafted from scratch. ... Read It Rating: 6 Comments
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