The Corner

Guns & Commerce

Yesterday a divided panel of the U.S. Court of Appeals for the Ninth Circuit held that the federal machine gun ban is unconstitutional as applied to the simple possession of a homemade machine gun. Such regulation, the Court held in an opinion written by Judge Alex Kozinski, is beyond the scope of the federal commerce clause power. Eugene Volokh and Larry Solum comment here and here.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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