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U.S. v. STEWART

No. 02-10318.

348 F.3d 1132 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Wilson STEWART, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2003.

Attorney(s) appearing for the Case

Thomas E. Haney, Phoenix, AZ, argued for the defendant-appellant.

Frederick A. Battista, Assistant United States Attorney, Phoenix, AZ, argued for the plaintiff-appellee. Paul K. Charlton, United States Attorney, Phoenix, AZ, and Michael T. Morrissey, Chief, Appellate Section, Phoenix, AZ, joined him on the briefs.

Before: ALEX KOZINSKI and Thomas G. NELSON, Circuit Judges, and JANE A. RESTANI, Judge.

Argued and Submitted August 5, 2003 — Pasadena, California.

Opinion by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge RESTANI.

OPINION

KOZINSKI, Circuit Judge:

We decide whether Congress can, under its Commerce Clause power, prohibit the mere possession of homemade machineguns.

Facts

Robert W. Stewart sold parts kits for the manufacture and assembly of Maadi-Griffin .50 caliber rifles; he advertised...

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