I am not a lawyer. But it would see this bolsters the case for building your own machine guns, mortar’s, grenades, etc..
Late last night, after months of litigation, a federal court in Texas decided the federal ban on at-home distillation of beverage spirits is unconstitutional. The district court’s decision is fair; it is correct on the law; and it is historic.
Lawyers at the Competitive Enterprise Institute (CEI) represent several amateur home-distilling enthusiasts who want to pursue the essentially harmless hobby of at-home distilling of beverage spirits for personal use without the looming threat of legal sanctions. Under federal law, distilling in one’s home or backyard can result in a $10,000 fine and a five-year imprisonment.
The court found that:
- The federal ban on home distilling exceeds the scope of the federal government’s limited powers.
- The Constitution’s tax power does not allow the federal government to ban home distilling, largely because the ban does not add money into the federal treasury or protect federal tax revenue.
- The Constitution’s power to regulate interstate commerce does not allow the federal government to ban home distilling, largely because the ban neither regulates interstate commerce directly nor is it related to any larger regulatory scheme.
I didn’t read the actual ruling but I suspect what the judge said can be applied to almost anything not involved in Interstate commerce. Hence, when applied to homemade grenades at a Boomershoot side event the courts would be inclined to say the Federal government can’t ban them either.