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Friday, June 23, 2006

Statute prohibiting possession of body armor by convicted felon is valid Commerce Clause regulation

COMMERCE CLAUSE
United States v. Patton,
No. 05-3169, ___ F.3d ___ (10th Cir. Jun. 20, 2006)(Kansas).

Appeal of conviction for being convicted felon in possession of body armor that has been sold or offered for sale in interstate commerce in violation of 18 U.S.C. § 931.

HELD: Title 18 U.S.C. § 931, prohibiting possession of body armor by convicted felon, does not exceed congressional Commerce Clause power despite fact that statute does not regulate instrumentalities of interstate commerce, or persons or things in interstate commerce, or activities substantially affecting interstate commerce.

Read the opinion here.

posted by Russ at 5:36 PM


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