Bacon

MEMORANDUM *

David Bacon appeals his jury conviction in the United States District Court for five counts of unlawful interstate sale of a firearm to an unlicensed person in violation of 18 U.S.C. §§ 922 (a)(5) and 924(a)(1)(D), and one count of making a false statement on a firearms acquisition form in violation of 18 U.S.C. § 924 (a)(1)(A). Bacon asserts a variety of claims on appeal. We affirm the decisions of the district court.

1. Bacon contends that the federal statutes he was convicted of violating are unconstitutional because they impose a duty on interstate commerce in firearms that is impermissible under the Export Clause of Article I, § 9, and infringe on the right to keep and bear arms under the Second Amendment. However, as regards the Export Clause, its restrictions are violated only when the government seeks to generate revenue by placing a tax or duty on exports in international commerce. See United State v. Int'l Bus. Machines Corp., 517 U.S. 843, 859 , 116 S.Ct. 1793 , 135 L.Ed.2d 124 (1996); Florida Sugar Mktg. and Terminal Ass’n v. United States, 220 F.3d 1331, 1339-41 (Fed.Cir. 2000). The Supreme Court’s opinion in Brown v. Maryland, 12 Wheat. 419 , 25 U.S.…