PRESIDENT GEORGE W. BUSH Message Board

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Politics : PRESIDENT GEORGE W. BUSH

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To: DuckTapeSunroof who wrote (685675)	6/15/2005 10:51:13 AM
From: Wayners	Read Replies (1) of 769670

I hate progressives. The case I'm watching is the one against Robert Wilson Stewart who is a convicted felon who made homemade, unique machine guns for his own collection, which never crossed state lines and which he never transferred or sold. He was charged under 922(o), which criminalizes the "possession or transfer" of machine guns only for regular people. More like Lopez or more like Raich? Its possession of a gun again, which is registered and marked with a serial number. Machine guns are not fungible commodities, unlike marijuana or wheat as in the Wickard vs. Filburn case. Stewart won on his appeal to the 9th Circuit Court of Appeals citing the Lopez and Morrison cases. DOJ appealed to the Supremees. The Supreme Court immediately after Raich, vacated the remanded the case back to the 9th in light of the Raich decision. IMO however, I don't see how Raich affects the 9th decision on this. The Controlled Substance act prohobited a whole bunch of economic activities like manufacture, distribution, tranportation, etc. and involves a fungible commodity.

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