Stewart Case Goes to Conference June 9 (USSC, RKBA)

USSC ^ | 06/06/05 | USSC

[gieriscm]

No. 04-617
Title: United States, Petitioner
v.
Robert Wilson Stewart, Jr.

Docketed: November 5, 2004
Lower Ct: United States Court of Appeals for the Ninth Circuit
Case Nos.: (02-10318)
Decision Date: November 13, 2003
Rehearing Denied: June 10, 2004

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Aug 27 2004 Application (04A176) to extend the time to file a petition for a writ of certiorari from September 8, 2004 to October 8, 2004, submitted to Justice O'Connor.
Aug 30 2004 Application (04A176) granted by Justice O'Connor extending the time to file until October 8, 2004.
Sep 28 2004 Application (04A176) to extend further the time from October 8, 2004 to November 7, 2004, submitted to Justice O'Connor.
Sep 28 2004 Application (04A176) granted by Justice O'Connor extending the time to file until November 7, 2004.
Nov 5 2004 Petition for a writ of certiorari filed. (Response due December 6, 2004)
Dec 6 2004 Brief of respondent Robert Wilson Stewart, Jr. in opposition filed.
Dec 6 2004 Motion for leave to proceed in forma pauperis filed by respondent.
Dec 22 2004 DISTRIBUTED for Conference of January 7, 2005.
Jun 6 2005 DISTRIBUTED for Conference of June 9, 2005.

[gieriscm]

IIRC, the conference should be on whether or not to grant cert.

This is a very interesting - and quick - development, considering the Raich decision was only released this past Monday.

[Dead Corpse]

If they rule on this one as the ruled on the MedPot one, then there is nothing left to do but start over with a new government.

[Dead Corpse]

*Bang

Maadi-Griffin trial case.

[Dead Corpse]

Looks like they were waiting. Says right in the text that they would await the Raich decision before ruling on this one. Looks like they needed to set the precednet before screwing our RKBA with the commerce clause.

Again.

So be it. A may their Gods forgive them.

[the gillman@blacklagoon.com]

I don't recall this case.
Can you give me a quick overview?

[gieriscm]

Can you give me a quick overview?

This won't give a "quick" overview, but is well worth reading to get the case history as well as the connection to Raich, which was just decided in the gov't favor last Monday.

DoJ Writ of Certiorari to USSC

[Dead Corpse]

The BATFE got one of Stewarts Maadi-Griffin rifles to slam fire after damaging the sear. They convicted him of trying to manufacture and sell an "easily convertible" unregistered machine gun. A felony apparently.

Afterwords, he tried to pick up the pieces of his business and sell a parts kit for his popular .50 Maadi-Griffin rifle. The receiver needed final machining by a gun smith before it could be assembled. The BATFE busted him for felon in possession of a firearm as they felt it was still too easy to assemble.

Government justification for doing so is the familiar Commerce Clause/ Title 18 Sect 922(o) that people like us have come to know and hate for the UnConstitutional spin on FedGov power that it is. F*ckers still can't get it into their tiny little heads that "infringement" is "infringement" regardless of what they think.

[the gillman@blacklagoon.com]

Ok, I remember now.

We're screwed, would be my guess.

Only Thomas is at all likely to make a correct interpretation in this instance, I'm afraid. Maybe not even him.

The second amendment means nothing to the Nazgul.

[Wolfie]

See how the dominos fall ping.

[the gillman@blacklagoon.com]

They think it's ok to repeal the amendment, just don't attach any fringes to it.

[Dead Corpse]

The Huuse needs to start impeach proceedings immediately if they have any interest at all in preserving the Republic.

Otherwise, plant some flowers in rememberance and prepare for bad times ahead.

[the gillman@blacklagoon.com]

There are but a few who remember the Republic.

[coloradan]

Let me guess: 6-3, majority opinion written by Scalia:

"We find that steel production is a major source of interstate commerce, and therefore find that manufacture, possession, and sale of firearms, which are made of steel, can be banned by Congress properly under the interstate commerce clause. Such a ban does not conflict with the Second Amendment, because when it was written, steel wasn't the major item of commerce at the time that it is today. Conviction upheld, and pleeeeese, Congress get these things off the streets ASAP!"

[Dead Corpse]

A few is all it takes.

[SoVaDPJ]

"See how the dominos fall ping."

I'm almost ashamed to say this, but I kind of hope they rule the same as they did on Raich. Maybe then, people will see that IT'S NOT ABOUT POT, IT'S ABOUT INDIVIDUAL RIGHTS.

I baked a cake today that I did not buy from an out-of-state manufacturer. I think they do make and sell cakes in North Carolina, but I live in VA. Am I allowed to eat it?

[the gillman@blacklagoon.com]

I am one.

[Dead Corpse]

That's just it. We are all just One. That is how it should be. Where this goes wrong is when the MANY think that they can band together to take Rights away from all the One's in the world.

Once they start doing that, then it is inevitable that an appeal to force of arms is the only way to get them to leave us alone again.

[the gillman@blacklagoon.com]

Things will have to get worse before they can get better.

I have every confidence that they will.

[headsonpikes]

Ditto.

Note my tagline.

[the gillman@blacklagoon.com]

Stay well, stay safe, Yorktown.