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Someone brought an interesting case to my attention today. If you ever wanted to assemble your own machine gun, you need to read it. Here is a link to it: US v. Stewart.

A recent Ninth Circuit Court of Appeals decision overturned the conviction of a man convicted of possessing machine guns he assembled from parts obtained through interstate commerce. He was prosecuted under the 1986 Firearm Owners Protection Act, specifically 18 USC 1922(o), which prohibits transfer or possession of machine guns manufactured after 1986.

The case was not decided under the Second Amendment's right to keep and bear arms. The basis of the Court's decision was the Interstate Commerce Clause. It rejected notions that possession of a machine gun alone was "economic activity" without intent of selling or transferring the weapon.

It is an interesting case. I'm not sure whether the Prosecution's Writ of Certiorari has since been granted. The Appellate Court already denied a Petition for Review, but a Google search turned up nothing else. Still, Google is not a legal database. Maybe someone can shperdize it for us?

Before you get too excited, remember this was a Federal decision applying Federal law only. I have no idea whether State laws were violated. Maybe, Arizona - or your State - has a law against possessing an automatic weapon. This case would not save you from prosecution under State law. Remember, it is a 9th Circuit decision, so it is only mandatory law in that Circuit (until reversed or vacated). Other Circuit Courts may disagree with it, so if you don't live in the Ninth Circuit, this case is "persuasive authority" only.

This was not a case decided on the Second Amendment, so the right to keep and bear arms was not at issue. The Defendant's was also convicted of possesion of a fiream by a felon. That conviction was not reversed. Stewart, who was convicted of possession of a firearm by felon, still had to serve 60 months.

I am not offering anyone legal advice to anyone through this topic, other than to consult an attorney before building your own automatic weapon.
 

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Code name: Felix
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I don't think local law enforcement officers are knowledgeable about 9th Circuit Court decisions.....I wouldn't take the gamble. Neat info anyhow.
 
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