U.S. v. Stewart; regarding home made machine guns

[Langenator]

What the 9th Circuit Court actually ruled was that 922(o) is an invalid law, not only homemade machine guns are legal, but all machine guns are legal, given NFA registration/tax laws. So in theory, what they ruled was that now there is no difference between pre-86 and post-86 MG in their jurisdiction. This would mean you can either convert your semi's into full auto with an ATF Form 1, or buy brand new machineguns for under $1000 with an ATF Form 4.

Unless, of course, there are (unconstitutional, IMO) state laws on the subject, as in Washington.

 

[matterhorn762]

Unless, of course, there are (unconstitutional, IMO) state laws on the subject, as in Washington.

Of course. We are only talking about Federal laws.

hmm. Cute. Hughes Amendment is illegal, but NFA is ok. One step at a time. The taxation part of NFA is annoying, but not as infringing as the registration aspects. That's going to be a big issue. The BATFE will still want to know where every single registered MG is located. I'm tempted to buy some part kits sans receivers just in case it's legalized.

The Stewart case is not based on 2nd Amendment issues. This is definitely not a 2nd Amendment case. The law is being challenged on constitutional grounds that Congress does not have the power to ban machine guns under the commerce clause of the constitution, which Congress often uses as an excuse to stretch their powers. The NFA laws are clearly constitutional under the commerce clause, since the NFA laws are tax based laws and not prohibition based laws.

What the ATF does, and what the law actually says can be two totally different things however.

Article I, Section 8 of the constitution lists what Congress has the power to do. It takes a very fine eye to see banning guns anywhere on this list:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.