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Marijuana ruling affects decision on machine guns Court decides if homegrown marijuana can affect interstate commerce, so must amateur assault rifles By Chris Metinko CONTRA COSTA TIMES
A federal appeals court in San Francisco on Friday reversed its earlier decision concerning homemade machine guns, basing its new opinion on a U.S. Supreme Court medical marijuana ruling.
The 9th U.S. Circuit Court of Appeals upheld the federal conviction of Robert Stewart of Mesa, Ariz., for illegal possession of five homemade machine guns. He is currently serving a five-year sentence for the crime.
In its 2003 ruling, the court said Stewart did not violate federal gun laws outlawing machine guns because he built the guns himself, therefore not affecting interstate commerce. Federal gun law is based on Congress' constitutional power to regulate interstate commerce.
That decision came into question last year after the Supreme Court ruled against Oakland resident Angel Raich, a medical marijuana user. In that ruling, the court said Congress has the right to regulate homegrown marijuana in individual states because the marijuana could impact the supply and demand, thus also affecting interstate commerce.
After that decision was handed down, the high court asked the 9th Circuit to re-examine the Stewart case.
In the new ruling, 9th Circuit Judge Alex Kozinski said homemade machine guns, like homegrown marijuana, has a market and therefore could impact interstate commerce. Therefore, Congress would have the power to regulate sales of such guns.
"Homemade guns, even those with a unique design, can enter the interstate market and affect supply and demand," Kozinski wrote. "We therefore hold that Congress had a rational basis for concluding ... possession of homemade machine guns could substantially affect interstate commerce in machine guns."
Thomas Haney, Stewart's attorney, said this was likely the end of the 6-year-old case.
Has anyone else ever heard of such a god damn corrupt goverment? I mean jesus christ a market for homemade machine guns? Where does that exist, if people need a machine gun they are obviously going to have the money and means to go out and get one. If you really have the need for a machine gun and the means to buy one why would you buy one made by a single person? Machine guns often have high cylic rates (rate of fire) therefor the energy absobed by the weapon is always large, so if theres a malfunction guess who absorbs that energy? The person using the gun. This is ridiculous. Once again I have to say
THIS IS NOT A WAR ON DRUGS, ITS A WAR ON PERSONAL FREEDOM.
-------------------- "Ours is a world of nuclear giants and ethical infants. We know more about war that we know about peace, more about killing that we know about living."
I found the medical marijuana ruling disturbing, but i can see the reasoning behind it. It is the same reasoning behind preemptive strike warfare.
Iraq may have had WMD, and maybe they were planning to attack the US, so the reasonable thing to do was to hit them before they could hit us.
The same with the interstate commerce bullshit. The pot was grown and consumed within a state where it is legal to grow and consume pot for medical purposes. But just maybe the person growing and smoking is also planing to sell some out of state, so it is reasonable for the federal government to make a preemptive strike against one of its citizens in order to prevent the possibility of more pot making its way to the interstate market. Note the assumption of criminal intent.
It's becoming more and more difficult to take seriously the clowns running this country. I love America, I really do. However, the government has lost all credibility. when the law becomes counterintuitive and self contradictory, the rule of law falls to the rule of men, the men who 'interpret' the law. The American experiment is failing.