A federal appeals court Thursday overturned a Mesa, Ariz. man’sfederal conviction of possessing five machine guns. A three-judgepanel of the 9th U.S. Circuit Court of Appeals of San Franciscoreversed the conviction, ruling that the congressional ban doesnot apply to homemade machine guns and their parts becausethey were never in the stream of commerce. The court ruled thatthere was neither a transfer nor sale of the weapons or their parts,so Congress did not have the power under the Commerce Clauseto regulate homemade guns crafted from scratch.

( 11/13/03 )