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Split Ninth Circuit rejects Commerce Clause challenge to possession of body armor crime

By Douglas A. Berman

A Ninth Circuit panel today split over an interesting Commerce Clause issue relating to a federal criminal statute in US v. Alderman, No. 07-30186 (9th Cir. May 12, 2009) (available here).  Here is how the majority opinion starts: This case of first impression in the Ninth Circuit requires us to consider whether Congress has the authority under the Commerce Clause of the United States Constitution, art. I, § 8, cl. 3, to criminalize the possession by a felon of body armor that has been ?sold or offered for sale in interstate commerce.? 18 U.S.C. §§ 931 and 921(a)(35)..... We conclude that we are bound by [SCOTUS and Ninth Circuit] precedent ? absent the Supreme Court or our en banc court telling us otherwise ? and that the felon-in-possession of body armor statute passes muster.continue to full post

Full post as published by Sentencing Law and Policy on May 12, 2009 (boomark / email).