Commerce Clause Challenges To Firearm Laws
- United States v. Lopez, 514 U.S. 549 (1995) - In the first Supreme Court case, since the New Deal, to set limits on the Congress's power under the Commerce Clause, the Court declared the Gun-Free School Zones Act of 1990 unconstitutional.
- United States v. Rybar (3d Cir. 1996) - In this case, the United States Court of Appeals for the Third Circuit ruled Congress did have the power to regulate possession of homemade machine guns under the Commerce Clause, later contradicted by the Ninth Circuit, but ultimately reaffirmed by the Supreme Court. The Third Circuit made this decision 2-1, with future Supreme Court Justice Samuel Alito in dissent.
- United States v. Stewart (348 F.3d 1132 (2003) and 451 F.3d 1071 (2006)) - In 2003, the United States Court of Appeals for the Ninth Circuit struck down Stewart's conviction on a charge of possession of an unregistered machinegun (18 U.S.C. §922(o)) on Commerce Clause grounds. Following the Supreme Court's decision in Gonzales v. Raich, the Court ordered Stewart remanded to the Ninth Circuit for further consideration in light of the decision in Raich. The Ninth Circuit then upheld Stewart's conviction, concluding
- "We therefore hold that Congress had a rational basis for concluding that in the aggregate, possession of homemade machineguns could substantially affect interstate commerce in machineguns."
Read more about this topic: Firearm Case Law In The United States
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