DoNotRefill
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Thu Nov-13-03 06:47 PM
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"Oops!!!" Homemade machineguns now legal in the 9th Circuit? |
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http://caselaw.lp.findlaw.com/data2/circs/9th/0210318p.pdfThis 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.
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CO Liberal
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Thu Nov-13-03 06:48 PM
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1. Only If You Say The Pledge of Allegiance Before Firing |
leanings
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Thu Nov-13-03 06:52 PM
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Edited on Thu Nov-13-03 06:55 PM by leanings
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.
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Man_in_the_Moon
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Thu Nov-13-03 06:58 PM
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3. Im gonna have to look at it in detail, but |
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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.
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slackmaster
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Thu Nov-13-03 07:53 PM
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4. LMAO! - It sure looks that way on a quick reading |
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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:
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funkyflathead
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Thu Nov-13-03 08:04 PM
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Can you say machine shop MAC?
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solinvictus
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Thu Nov-13-03 08:26 PM
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You can make those easily and parts abound...
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jhfenton
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Thu Nov-13-03 08:11 PM
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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.
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Valarauko
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Fri Nov-14-03 06:13 AM
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Withergyld
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Fri Nov-14-03 08:06 AM
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9. It is only legal because he is a convicted felon |
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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)."
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Man_in_the_Moon
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Fri Nov-14-03 11:56 AM
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10. Well one of your 'exemptions' applies to everyone |
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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.
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solinvictus
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Fri Nov-14-03 11:28 PM
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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.
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DU
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Wed Apr 24th 2024, 07:20 PM
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