United States v. Stewart (2003)

"United States v. Stewart" is a case involving a challenge to the constitutionality of USC|18|922o under the Commerce Clause of the United States Constitution. The United States Court of Appeals for the Ninth Circuit ruled that mere possession of homemade machine guns can not be constitutionally regulated by the United States Congress under the Commerce Clause. Upon granting certiorari, the Supreme Court of the United States vacated the Ninth Circuit's ruling and remanded the case back to the court for further consideration in light of its recent ruling in "Gonzales v. Raich", 545 U.S. 1 (2005).

Background

Robert W. Stewart, Jr., a convicted felon, sold parts kits to make Maadi-Griffin .50 caliber rifles, which he advertised on the Internet and in "Shotgun News". A Bureau of Alcohol, Tobacco, Firearms, and Explosives agent discovered that Stewart had a prior conviction for possession and transfer of a machine gun (USC|18|922o) and began an investigation. An undercover agent purchased kits and determined that it could be "readily . . . converted" into an unlawful firearm, in violation of USC|18|922(a)(1)(A) and USC|18|921(a)(3)(A). The ATF agent then applied for and received a federal search warrant for Stewart's residence.

During a search by the ATF of the Stewart Residence, agents discovered thirty-one firearms, including five machine guns which Stewart had machined and assembled. In United States District Court for the District of Arizona, Stewart was convicted of one count for being a felon in possession of a firearm under USC|18|922(g)(1) and USC|18|924(a)(2), and five counts for unlawful possession of a machine gun in violation of USC|18|922o and of possessing several unregistered, home-made machine guns. On June 3, 2002, Stewart was sentenced to five years in federal prison. Stewart appealed his conviction under USC|18|922o claiming it exceeds Congress's commerce clause power and violates the Second Amendment, and for possession of a firearm by a felon on Second Amendment grounds.

Circuit Court

On November 13, 2003, the Ninth Circuit Court of Appeals issued an opinion vacating Stewart's conviction for violating USC|18|922o, but affirmed his convictions for being a felon in possession of a firearm. Using the "Morrison" test, the Ninth Circuit ruled USC|18|922o did not have a substantial effect on interstate commerce and was unconstitutional as applied. In its opinion the circuit court wrote:

* "...a homemade machine gun 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—and there is none here—its relationship to interstate commerce is greatly 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 machine gun business. More likely, section 922(o) was intended to keep machine guns out of the hands of criminals—an admirable goal, but not a commercial one."

upreme Court

After the Ninth Circuit's ruling, the United States Department of Justice then requested and received a stay while it appealed the case to the Supreme Court of the United States. Upon granting certiorari, the Supreme Court vacated the Ninth Circuit's ruling and remanded the case back to the court for further consideration in light of its recent ruling in "Gonzales v. Raich", 545 U.S. ____ (2005).

Current status

Citing the results of the "Gonzales v. Raich" case (June 5, 2005), the Supreme Court decided not to hear the case but rather to vacate the ruling below and remand it to court of appeals "in light of" "Raich". The Ninth Circuit was thereby directed to reconsider "Stewart" and be guided in that reconsideration by "Raich". "Raich" holds that Congress can use the Commerce Clause to ban homegrown marijuana; the implication of the Court's vacation is that Congress also has the power to criminalize the possession of homemade machine guns even though they were never involved in a commercial transaction.

External links and references

* [http://www.supremecourtus.gov/docket/04-617.htm Supreme Court Docket 04-617]
* [http://caselaw.lp.findlaw.com/data2/circs/9th/0210318p.pdf 9th Circuit Court opinion] – The judgment in favor of Mr. Stewart
* [http://www.mp5.net/info/wilson.pet.app.pdf Department of Justice petition for a writ of certiorari] – DOJ arguments for a stay on the 9th Circuit Court decision and the DOJ's view of the case.