United States v. Robert Wilson Stewart, Jr.

We consider in light of Gonzales v. Raich, 545 U.S. 1 , 125 S.Ct. 2195 , 162 L.Ed.2d 1 (2005), whether Congress can use its commerce power to ban possession of homemade machineguns.

Facts

Robert W. Stewart sold parts kits for the manufacture and assembly of Maadi-Griffin .50 caliber rifles; he advertised the kits on the Internet and in Shotgun News, a national firearms magazine. Stewart believed the kits were legal to sell because the receivers on the rifles had not yet been completely machined and the rifles were thus not usable as firearms. An agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) discovered that Stewart had a prior conviction for possession and transfer of a maehinegun and decided to investigate Stewart’s business. Another agent, acting undercover, purchased one of Stewart’s kits and determined that it could be “readily ... converted” into an unlawful firearm, in violation of 18 U.S.C. §§ 922 (a)(1)(A) and 921(a)(3)(A). Based on this information, the ATF agent secured a federal search warrant for Stewart’s residence.

In addition to numerous rifle kits, the ATF search also turned up thirty-one firearms, including five machineguns. The…