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"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 machinegun and began an investigation. An undercover agent purchased kits and determined that it could be "readily . . . converted" into an unlawful firearm. The ATF agent then applied 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, and five counts for unlawful possession of a machinegun 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 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."

From Wikipedia.

Stewart appealed his conviction 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.

He's right, it does exceed Congress's commerce clause power.
United States v. Cruikshank, 92 U.S. 542 (1876). This was the first case in which the Supreme Court had the opportunity to interpret the Second Amendment. The Court recognized that the right of the people to keep and bear arms was a right which existed prior to the Constitution when it stated that such a right "is not a right granted by the Constitution...[n]either is it in any manner dependent upon that instrument for its existence." The Court held, however, that because the right to keep and bear arms existed independent of the Constitution, and the Second Amendment guaranteed only that the right shall not be infringed by Congress, the federal government had no power to punish a violation of the right by a private individual; rather, citizens had "to look for their protection against any violation by their fellow-citizens" of their right to keep and bear arms to the police power of the state.

"I say that the Second Amendment doesn't allow for exceptions or else it would have read that the right "to keep and bear arms shall not be infringed, unless Congress chooses otherwise." And because there are no exceptions, I disagree with my fellow panelists who say the existing gun laws should be enforced. Those laws are unconstitutional [and] wrong because they put you at a disadvantage to armed criminals, to whom the laws are no inconvenience"...Harry Browne, Libertarian

The courts understood the Constitution before the FDR administration took over in 1933. Libertarians understand the Constitution today. You either defend the Constitution or you don't. It's as simple as that.
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