Transport of a sawed-off shotgun.

An indictment in the District Court Western District Arkansas, charged that Jack Miller and Frank Layton 'did unlawfully, knowingly, wilfully, and feloniously transport in interstate commerce from the town of Claremore in the State of Oklahoma to the town of Siloam Springs in the State of Arkansas a certain firearm, to-wit, a double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230, said defendants, at the time of so transporting said firearm in interstate commerce as aforesaid, not having registered said firearm as required by Section 1132d of Title 26, United States Code, 26 U.S.C.A. 1132d (Act of June 26, 1934, c. 757, Sec. 5, 48 Stat. 1237), and not having in their possession a stamp-affixed written order for said firearm as provided by Section 1132c, Title 26, United States Code, 26 U.S.C.A. 1132c (June 26, 1934, c. 757, Sec. 4, 48 Stat. 1237) and the regulations issued under authority of the said Act of Congress known as the 'National Firearms Act' approved June 26, 1934, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States.'

[link|http://www.answers.com/main/ntquery?method=4&dsid=2222&dekey=United+States+v.+Stewart&gwp=8&curtab=2222_1|http://www.answers.c...p=8&curtab=2222_1]

An ATF search of Mr. Stewart's residence turned up thirty-one firearms, including five machineguns. The machineguns had been machined and assembled by Stewart. Stewart was charged and convicted of one count of felony possession of firearms in violation of 18 U.S.C. \ufffd 922(g)(1) and \ufffd 924(a)(2), and five counts of unlawful possession of a machinegun in violation of 18 U.S.C. \ufffd 922(o). Stewart appealed his conviction for unlawful possession of machineguns, claiming that 18 U.S.C. \ufffd 922(o) is an invalid exercise of Congress\ufffds commerce power and violates the Second Amendment.

Ninth Circuit Court Appeals opinion

Mr. Stewart won his case in an opinion rendered by the Ninth Circuit Court of Appeals, on November 13th, 2003. The Department of Justice then request and received a stay, while they appealed the case to the Supreme Court of the United States. The Ninth Circuit Court of Appeals ruled that:

* "...a homemade machinegun may be part of a gun collection or may be crafted as a hobby. Or it may be used for illegal purposes. Whatever its intended use, without some evidence that it will be sold or transferred\ufffdand there is none here\ufffdits relationship to interstate commerce is highly attenuated."

* "...section 922(o) contains no jurisdictional element anchoring the prohibited activity to interstate commerce."

* "...there is no evidence that section 922(o) was enacted to regulate commercial aspects of the machinegun business. More likely, section 922(o) was intended to keep machineguns out of the hands of criminals\ufffdan admirable goal, but not a commercial one."

should sink Miller nicely
thanx,
bill

Post #212,873 by mmoffitt 6/28/05 1:24:37 PM Reply	Transport of a sawed-off shotgun. An indictment in the District Court Western District Arkansas, charged that Jack Miller and Frank Layton 'did unlawfully, knowingly, wilfully, and feloniously transport in interstate commerce from the town of Claremore in the State of Oklahoma to the town of Siloam Springs in the State of Arkansas a certain firearm, to-wit, a double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230, said defendants, at the time of so transporting said firearm in interstate commerce as aforesaid, not having registered said firearm as required by Section 1132d of Title 26, United States Code, 26 U.S.C.A. 1132d (Act of June 26, 1934, c. 757, Sec. 5, 48 Stat. 1237), and not having in their possession a stamp-affixed written order for said firearm as provided by Section 1132c, Title 26, United States Code, 26 U.S.C.A. 1132c (June 26, 1934, c. 757, Sec. 4, 48 Stat. 1237) and the regulations issued under authority of the said Act of Congress known as the 'National Firearms Act' approved June 26, 1934, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States.' bcnu, Mikem It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
Post #212,880 by admin 6/28/05 1:48:56 PM Reply	Er, yes. A concealed weapon. Your point? Regards, -scott anderson "Welcome to Rivendell, Mr. Anderson..."
Post #212,883 by bepatient 6/28/05 2:09:06 PM Reply	And you'll notice that the case was tried on Interstate Commerce rules and not state or individual rights. You are seriously stretching this ruling to try and make it apply where it does not. I don't necessarily fault you, as I'm sure whoever convinced you that it applied was very convincing. Problem is, they (and you) are completely wrong. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #212,890 by mmoffitt 6/28/05 3:04:46 PM Reply	You, Scott and the NRA, right? bcnu, Mikem It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
Post #212,903 by bepatient 6/28/05 4:46:59 PM Reply	I'm not an NRA member. Doesn't change the fact that I agree with the Constitutional guarantee to keep and bear arms and that your Miller precedent does not apply to or trump this Constitutional guarantee. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #212,907 by mmoffitt 6/28/05 5:17:11 PM Reply	See my last. You are, once again, wrong. ;0) bcnu, Mikem It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
Post #212,940 by bepatient 6/28/05 10:11:57 PM Reply	Oh, I don't think so. But you are welcome to your own opinion, even if it isn't shared by anyone else ;-) Its a free country. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #212,886 by boxley 6/28/05 2:21:11 PM Reply	apparently you can roll your own machine guns now [link\|http://www.answers.com/main/ntquery?method=4&dsid=2222&dekey=United+States+v.+Stewart&gwp=8&curtab=2222_1\|http://www.answers.c...p=8&curtab=2222_1] An ATF search of Mr. Stewart's residence turned up thirty-one firearms, including five machineguns. The machineguns had been machined and assembled by Stewart. Stewart was charged and convicted of one count of felony possession of firearms in violation of 18 U.S.C. \ufffd 922(g)(1) and \ufffd 924(a)(2), and five counts of unlawful possession of a machinegun in violation of 18 U.S.C. \ufffd 922(o). Stewart appealed his conviction for unlawful possession of machineguns, claiming that 18 U.S.C. \ufffd 922(o) is an invalid exercise of Congress\ufffds commerce power and violates the Second Amendment. Ninth Circuit Court Appeals opinion Mr. Stewart won his case in an opinion rendered by the Ninth Circuit Court of Appeals, on November 13th, 2003. The Department of Justice then request and received a stay, while they appealed the case to the Supreme Court of the United States. The Ninth Circuit Court of Appeals ruled that: * "...a homemade machinegun may be part of a gun collection or may be crafted as a hobby. Or it may be used for illegal purposes. Whatever its intended use, without some evidence that it will be sold or transferred\ufffdand there is none here\ufffdits relationship to interstate commerce is highly attenuated." * "...section 922(o) contains no jurisdictional element anchoring the prohibited activity to interstate commerce." * "...there is no evidence that section 922(o) was enacted to regulate commercial aspects of the machinegun business. More likely, section 922(o) was intended to keep machineguns out of the hands of criminals\ufffdan admirable goal, but not a commercial one." should sink Miller nicely thanx, bill All tribal myths are true, for a given value of "true" Terry Pratchett [link\|http://boxleys.blogspot.com/\|http://boxleys.blogspot.com/] Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 49 years. meep questions, help? [link\|mailto:pappas@catholic.org\|email pappas at catholic.org]
Post #212,891 by mmoffitt 6/28/05 3:08:37 PM Reply	Don't hold your breath. It is ironic that I find myself feeling a great need to have a small arsenal at home these days. But I wouldn't be holding out any "reverse Miller/assault rifle/etc." hopes. Not with this junta. The last thing Bush, et al. want is an armed populace. I'd bet the truth is that no one wants a case to go to the USSC that would definitively answer the question of whether Amendment 2 applies to private ownership for fear they would lose, no matter what their position is. bcnu, Mikem It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
Post #212,892 by drewk 6/28/05 3:17:47 PM Reply	You realize that was the intent, right? It is ironic that I find myself feeling a great need to have a small arsenal at home these days. ... The last thing Bush, et al. want is an armed populace. Could these two ideas be related, maybe? As in, the more the government wants to restrict private ownership of firearms, the more people come to think it's time to start stocking up. That was only, like, the WHOLE FREAKING POINT of the 2nd Ammendment. === Purveyor of Doc Hope's [link\|http://DocHope.com\|fresh-baked dog biscuits and pet treats]. [link\|http://DocHope.com\|http://DocHope.com]
Post #212,898 by mmoffitt 6/28/05 3:53:40 PM Reply	Wrong. But it's pointless to argue this anymore. ;0) bcnu, Mikem It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
Post #212,904 by bepatient 6/28/05 4:49:53 PM Reply	yes you are...and yes it is. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #212,908 by Ashton 6/28/05 5:32:42 PM 6/28/05 5:34:52 PM Reply	In many ways the whole thing is a Grand Diversion - << \ufffd >>- How does one exterminate-via-legalese and its hoary pseudo-'science' this observation (?) One does not truly desire to live in a culture in which there is a perceived common need to feel 'armed'. (Whether to - - mollify tykes-of-all ages' puerile idea of manhood? protect from an imagined [Worst-of-all: Real] marauding neighbor[hood. now.]? fend off jack-booted Fatherland forces of the present or future? ____? fill-in-blanks) ie what IS the internal, cumulative, subtle, integrated effect, The COST! to one's psyche -- of carrying about this sensibility 24/7 -?- edit tyop How do I despise thee? Let me count the ways; I despise thee to the depth and breadth and height my soul can retch, while feeling out of sight for the ends of being and ideal gracelessness ... (profuse apology, EBB) Lessee... house gun - (upstairs and down; also near door(s), kitchen, bedrooms, closets, garage, attic OR: just wear that holster - but bath == most vulnerable locale .^.. waterproof plastic) car gun (under seat and glove box?) yard gun - perhaps strategically-placed 'birdhouses' to protect from weather cycle gun - hip? handlebars? jogging gun - flap-flap-flap boating gun - fore AND aft? walking - cane gun? trailer RV gun(s) - duplicate above swimming gun - under codpiece Derringer? diving gun - in the male bra? undersea diving gun - [toughie] spelunking gun - min. snags on crags and stalagmites parachuting gun - higher/lower priority over altimeter? school gun - bullying is approaching Pop #1, waay ahead of scholarship school-bus gun - must be limited charge so as not to pierce driver's bulletproof enclosure skating gun - 'well-balanced' grip surfing gun - pop-up from surfboard? shopping gun - cart clip-on? while-sex gun - better place than under pillow? sports gun - under bleacher Velcro? shoulder hoster under Kevlar 'parka'? in-sport gun - bat-gun? bowling-ball grenade? tennis racquet handle barrel? movie gun - matte black, of course Noise-concert gun - sequined? Music concert gun - silenced, of course Lecture attendance gun - silencer AND engraved with a pithy ode Doctor-visiting gun - sterile, of course - like this Whole Plan {partial listing..} to be continued.. as Innovation proceeds and $$-savings expands to cover the Basic-36-pack, just to get started. feeling. Secure. Edited by Ashton June 28, 2005, 05:34:52 PM EDT Expand All History
Post #212,910 by Yendor 6/28/05 5:44:10 PM Reply	Not a toughie. undersea diving gun - [toughie] They're called spear guns, they exist, and they're legal. For skewering fish. -YendorMike "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin, 1759 Historical Review of Pennsylvania
Post #212,916 by boxley 6/28/05 6:59:07 PM Reply	heck, the only gun I ever need,,, is your gun if crapaud is due to hit the occillator just be aware of what needs to be available. I am not so concerned as the neer do well who wishes to relive me of a few material goods, chances are I will be poorer but alive after such encounter as I am a disgruntled person who wishes to kill me. Then all the smiling head bobbing and agreeableness is for naught. Especially if that disgruntled person is acting under color of law. Shoot accurately and save the worries about the lawyer fees for later. thanx, bill All tribal myths are true, for a given value of "true" Terry Pratchett [link\|http://boxleys.blogspot.com/\|http://boxleys.blogspot.com/] Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 49 years. meep questions, help? [link\|mailto:pappas@catholic.org\|email pappas at catholic.org]
Post #213,004 by mmoffitt 6/29/05 10:08:52 AM Reply	I should have fled when I had the chance. bcnu, Mikem It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
Post #213,013 by bepatient 6/29/05 10:33:15 AM Reply	Follow your pyramid. [link\|http://www.arches.uga.edu/~danni/maslow.htm\|of needs that is.] Where in there is the esoteric...the "higher brain function". If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #213,095 by Ashton 6/29/05 5:23:21 PM Reply	Maslow builds pyramids Meher Baba (among others) just says, [when asked to make it rilly-Simple for the attention-deficit folk, as want to order Enlightenment V.2a in a discounted 5-pack, from the web, on their cel, in the UAV, while watchin the Reality Cee Dee on the dash TFT; i-Pod-in-ear] Don't worry; Be happy HTH
Post #213,096 by mmoffitt 6/29/05 5:25:00 PM Reply	ROFL! bcnu, Mikem It would seem, therefore, that the three human impulses embodied in religion are fear, conceit, and hatred. The purpose of religion, one might say, is to give an air of respectibility to these passions. -- Bertrand Russell
Post #213,121 by bepatient 6/29/05 9:30:32 PM Reply	Point well ignored, I see. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #213,146 by Ashton 6/30/05 12:09:20 AM Reply	Hardly missed. Different priorities on my pyramid.
Post #213,193 by bepatient 6/30/05 1:56:09 PM Reply	I keep forgetting That human traits don't always apply '=p If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #213,201 by Ashton 6/30/05 4:14:55 PM Reply	I keep remembering Manfred's comment to a priest who had arrived (unbidden, natch) as his pursuit of Astarte was nearing its denouement. Seeking to console the priest's lugubrious effusions / gently prod him to hie hence, saith Manfred - Old man ... it is not.. so.. hard.. to die. (Best.. if one insists upon having traits - that one select super-human ones, as the tawdry infra- ones are simply no fun at all.)

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