Appeals Court: Congress can ban homemade machine guns

By Julia Cheever, Bay City News Service

June 30, 2006

SAN FRANCISCO (BCN) - An Oakland medical marijuana case that went to the U.S. Supreme Court caused a federal appeals court in San Francisco to rule today that Congress has the power to regulate homemade machine guns.

The 9th U.S. Circuit Court of Appeals upheld the federal conviction of Robert Stewart of Arizona for illegal possession of five machine guns.

Stewart, who sold parts kits for rifles, made the guns himself.

He argued in his appeal that he wasn't subject to the federal gun law because his homemade guns didn't enter into interstate commerce.

The gun law is based on Congress' constitutional power to regulate interstate commerce.

The appeals court initially agreed with Stewart's argument in an earlier ruling in 2003.

But the U.S. Supreme Court last year, after issuing a decision in the case of Oakland medical marijuana patient Angel Raich, ordered the 9th Circuit to reconsider Stewart's appeal in light of the high court's ruling.

In the Raich case, the high court said that Congress has the power to ban medical marijuana use even if the plant is grown locally and its use is allowed under state law.

The Supreme Court said last year that homegrown marijuana could still have a substantial impact on interstate commerce.

In today's ruling, 9th Circuit Judge Alex Kozinski said homemade machine guns were similar to homegrown marijuana for purposes of regulation.

Kozinski wrote, "The market for machine guns is established and lucrative, like the market for marijuana."

The court said homemade guns "can enter the interstate market and affect supply and demand."

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