In my state's Federal circuit court, we have the Stewart Ruling -- United States v. Stewart (2003). In Stewart the 9th Circuit Court held that homemade machine guns can not be constitutionally regulated by the United States Congress under the Commerce Clause since they did not have a substantial effect on interstate commerce. The ruling was appealed to SCOTUS in 2005 and they vacated the Ninth Circuit's ruling, remanding the case back to the court for further consideration in light of its recent ruling in Gonzales v. Raich, 545 U.S. 2005. Can we use the 2nd to invalidate the abuses of the "commerce clause?"
Trying to think ahead to the next step.
Hunble asked:
Can we use the 2nd to invalidate the abuses of the "commerce clause?" In so far as the right to keep and bear arms is ruled an individual, fundamental right protected by the Second Amendment, no regulation of commerce should be permitted which infringes the right. But that won't necesarily stop a power-mad Supreme Court from trying.