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Posted: 9/9/2004 7:29:30 AM EST
What this I hear about the 9th circuit court ruling about homemade machine guns?
someone please explain?
Link Posted: 9/9/2004 7:30:36 AM EST
That everyone should have one.
Link Posted: 9/9/2004 10:15:55 AM EST
Remember this is the 9thCircus, the most overturned Circuit in the Country.

IIRC somebody made a homemade machine gun in Arizona ARIZONA and was prosecuted under a law that was relying on the Interstate Commerce Clause. The Court found that since none of the parts had come via Interstate Commerce the clause wasn't applicable in this case or something similar to this. This ruling only applied to the 9th and probably only to AZ and likely the concatenation of circumstances will only be applicable to this case.

In other words don't get your hopes up.
Link Posted: 9/9/2004 10:18:37 AM EST
Link Posted: 9/9/2004 11:31:02 AM EST
Does anybody here know how many people have been motivated by Stewart to submit Form 1s to the ATF for a machinegun ? I know that few if any have been approved (I hear the ATF are sitting on them pending appeal). Is the concensus here that we should submit our own Form 1 now, or just wait for the appeal to play out ?
Link Posted: 9/9/2004 11:33:06 AM EST
IIRC, everyone who has submitted a form1 has been declined.
Link Posted: 9/9/2004 11:38:09 AM EST
[Last Edit: 9/9/2004 11:41:00 AM EST by shaggy]

Originally Posted By StealthyBlagga:
Does anybody here know how many people have been motivated by Stewart to submit Form 1s to the ATF for a machinegun ? I know that few if any have been approved (I hear the ATF are sitting on them pending appeal). Is the concensus here that we should submit our own Form 1 now, or just wait for the appeal to play out ?



If you like giving Uncle Sam an interest-free loan for an indeterminate amount of time, then feel free to send in a F1 with your $200 loan attached. Fact is, this case means nothing for 99.99% of us and newly submitted F1s will not be approved. Even if upheld on appeal, it will still be meaningless as 922(o) was only ruled unconstitutional as applied to Stewart.
Link Posted: 9/9/2004 11:48:51 AM EST
The ruing states that Stewart did not break Federal law because he built a reciever completly from scratch. The reciever is what was registered so tat is the only part the feds can claim intersate commerece on. However, The ruling also stated that the gun must still be regsered withthe ATF unless you live in a states thtdoes not require that which is only lie 1 or 2 states. I forgot which ones. So like in AZ, I could submit a form 1 and wait for the approval. I could not build it until I was approved.

Last heard aproxminatly 20,000 + form 1's have been sent in and are pending. Any form 1's from outside the 9'h circuit court jurisdiction have been denied. I have heard of 2 being approved. I o not know if the ATF rengged and took them back or left them alone.

Should you submit one? If you live in the 9th circuit area. Sure. Only if Class 3 is legal in your area. I would do it except i am trying t get upanother 200 dollar trnsfer ax for a PM11. The ATF missed their deadline to appeal the decision to the Supreme Court. I dont know much else about it than that. But if it does get approved and you dont live in a 9th circuit court area, I would buy up a bunch of parts its because they will dissapear real quick.

(Sorry for bad typos but I am on my laptop and I donot type well with it.)
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