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View Full Version : Yesterday's 9th Circuit Machine Gun/Commerce Clause Case


HDPM
11-14-2003, 04:40 PM
Here's a link. Possession of a homemade machine gun is now OK in 9th Cir, at least until this is overturned. (And given the unique facts of this case, which will limit the application of the decision. Also doesn't address state laws, but not all states in 9th Cir ban machine guns) Interesting blurb at the end, because the judges who wrote this op. don't agree w/ the 9th Cir's stance on the 2d Amd, but they followed it and held just on the commerce clause. Hopefully the Supreme Court will overturn the 9th Cir on that and confirm the 2d Amd embodies an individual right. Also hope this commerce clause case is one of the few 9th Cir. cases that survives review. /images/graemlins/laugh.gif web page (http://caselaw.lp.findlaw.com/data2/circs/9th/0210318p.pdf)