U.S. v. STEWART

No. 02-10318.

451 F.3d 1071 (2006)

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

United States Court of Appeals, Ninth Circuit.

June 30, 2006.


Attorney(s) appearing for the Case

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

Paul K. Charlton, United States Attorney; John Joseph Tuchi, Deputy Appellate Chief; Joan G. Ruffennach, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.

James E. Leuenberger, Lake Oswego, OR, for amicus curiae Oregon Firearms Educational Foundation.

Sharon L. Browne, Arthur B. Mark, III, Sacramento, CA, for amicus curiae Pacific Legal Foundation.

Before: KOZINSKI and T.G. NELSON, Circuit Judges, and RESTANI, Judge.


KOZINSKI, Circuit Judge:

We consider in light of Gonzales v. Raich, 545 U.S. 1, 125 S.Ct. 2195, 162 L.Ed.2d 1 (2005), whether Congress can use its commerce power to ban possession of homemade machineguns.

Facts1

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

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