Machine Gun Stuff
Mark Lancaster, who I blogged about here, has withdrawn his guilty plea:
A former Mt. Juliet music minister who pleaded guilty to illegal possession of unregistered machine guns wants to take it back, because a federal appellate court has held that the U.S. ban does not apply to homemade versions of the automatic weapons.
Mark Lancaster does not deny that he made his own guns, using parts kits that he bought from out-of-state dealers.
But his attorney argues in motions filed late last week that a decision from the 9th U.S. Circuit Court of Appeals, based in San Francisco, addresses a set of facts that are almost identical to Lancaster’s case.
One other tidbit:
Because the U.S. District Court of Middle Tennessee is part of the 6th, not the 9th, Circuit, the recent appellate ruling does not directly affect the case here. In fact, different circuits often conflict with one another on applying the law to a similar set of facts
So, we can have one federal law interpreted and applied differently around the nation? That seems a bit, uhm, retarded.
December 4th, 2003 at 12:27 pm
yes…that’s what the Supremes are for, to resolve the dispute. The Circuit courts are all at the same “level” so they can’t over-rule one another. It’s also why the Pledge case only applies to those jurisdictions covered by the 9th until SCOTUS resolves the case.
December 4th, 2003 at 12:35 pm
Nothing particularly retarded about it. In the same way, you can have different trial judges who rule differently on legal issues. You resolve that split by taking your case up on appeal. Thereafter, the appellate decision controls in all courts under its authority.
The federal court system is the same, just one step higher.
December 4th, 2003 at 12:40 pm
Think of the different federal circuits as another aspect of the “laboratory of federalism.” The more independent, or semi-independent, jurisdictions you have, the better for liberty overall. Monolithic state structures are the enemy of freedom; devolved powers are its friend.
December 4th, 2003 at 1:50 pm
Does any one have the G-codes and steel schedules for a machine gun?
December 4th, 2003 at 2:03 pm
Spoons and RC:
I understand why it exists but it leads to situations such as the Silvera v. Lockyer and US v. Emerson nonsense. One part of the country has a right to arms. One doesn’t.
Heck, let’s invade them 🙂
December 4th, 2003 at 5:43 pm
I wouldn’t say that’s a fair description of the Emerson case. Remember, Emerson lost. The 5th circuit may have said there was a right, but they then proceeded to treat it as a privilege, one the government could take away from you without even bothering to tell you, and then punish you for exercising. Functionally no different from the 9th circuit’s position.
Or Ashcroft’s.
December 9th, 2003 at 8:43 pm
As a friend of Mark’s, I just think it’s about time he might actually be getting a break. For once, could the good guy possibly win???