"Oops!!!" Homemade machineguns now legal in the 9th Circuit?

[DoNotRefill]

http://caselaw.lp.findlaw.com/data2/circs/9th/0210318p.pdf

This ruling came down today. It'll be interesting, to say the least, to see where this goes.

My reading of this case is that 922(o) just got struck down in the 9th Circuit as unconstitutional.

[CO Liberal]

1. Only If You Say The Pledge of Allegiance Before Firing

:-)

[leanings]

2. C'mon, man

all that technical jibba-jabba is just an NRA run-around, don't you know?

Kinda funny that a case called US v. Rambo is cited in this opinion.

[Man_in_the_Moon]

3. Im gonna have to look at it in detail, but

It certainly says that at first glance.

here is 922(o)

(o)(1) Except as provided in paragraph (2), it shall be unlawful
for any person to transfer or possess a machinegun.
(2) This subsection does not apply with respect to -
(A) a transfer to or by, or possession by or under the
authority of, the United States or any department or agency
thereof or a State, or a department, agency, or political
subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun
that was lawfully possessed before the date this subsection takes
effect.

[slackmaster]

4. LMAO! - It sure looks that way on a quick reading

The 9th upheld Stewart's conviction on being a convicted felon in possession of a gun, but it does indeed appear that the federal government's use of the ICC to prosecute simple intrastate possession of an unregistered machinegun has been striken, however tentatively.

:toast:

[funkyflathead]

5. Appears that way

Can you say machine shop MAC?

[solinvictus]

7. Or Sten

You can make those easily and parts abound...

[jhfenton]

6. That is hysterical

I quickly read through the decision. It does appear that 18 USC 922(o) was just struck down as unconstitutional. That's hysterical.

This guy was *darn* lucky to draw Kozinski and Nelson on his panel. They both dissented in decision not to rehear the Silveira case en banc. Kozinski's dissenting opinion in that case was brilliant.

[Valarauko]

8. Freedom is at hand!

Thank you Mr. Kozynski!

[Withergyld]

9. It is only legal because he is a convicted felon

The court ruled that since he was a convicted felon he:
A) could not legally buy a machinegun from a dealer
B) was not likely to sell the machinegun
These two facts exempted him from the commerce clause

From the ruling
"... His activities obviously did not
increase machinegun demand. Nor can we say that Stewart’s
homemade machineguns reduced overall demand. ... there is
no reason to think Stewart would ever have bought a
machinegun from a commercial source, had he been precluded
by law from building one himself. 3 In fact, the evidence
suggests that Stewart was cognizant of the law and
made careful efforts not to come into conflict with it. ...
<snip>
3 As a convicted felon, Stewart would have been highly unlikely to obtain a federal license authorizing him to purchase a machinegun in the heavily regulated market for such commodities. See 18 U.S.C. § 923 (describing the licensing requirements for firearms)."

[Man_in_the_Moon]

10. Well one of your 'exemptions' applies to everyone

A) could not legally buy a machinegun from a dealer

922(o) Bans everyone (normal 'civilians' is what I am meaning here) from owning a Machine Gun, unless the machine gun was already in the 'system' prior to May '86.

[solinvictus]

11. Handmade weapons

A gunsmith/dealer in Birmingham,AL used to set up a huge exhibit of his Mausers, both pistols and rifles. He had a section dedicated to Chinese resistance of the Japanese in Manchuria. In this display, he had several hand made Mauser C-96 handguns and K98 variant rifles that were made with simple machine tools in cottages. The C-96 pistols were crude to say the least, but completely functional and were likely welcome to help fight the Japanese. The point is that gunmaking is not that difficult and with a few common parts, tools, and a blueprint, one could make a Sten or such at home.