Food for Thought - United States v. Miller, 307 US 174 - Supreme Court 1939

The Best online firearms community in Louisiana.

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Danny Ross

    Well-Known Member
    Rating - 0%
    0   0   0
    Aug 5, 2022
    52
    18
    Bush, LA
    From Miler:
    "In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense."


    In this finding, the SCOTUS justified upholding the NFA 1934 on the basis that sort-barreled shotguns were NOT military firearms, and thus not protected by the 2d Amendment. Never mind that such shotguns had been used in WWI in the trenches, but that is besides the point for this discussion.


    It is fashionable for the Left to attack civilian possession of "black rifles" and high-capacity magazines as "weapons of war", when to sole basis for justifying the NFA 1934 in Miller was on the basis that short shotguns were NOT "weapons of war".


    So far as I know, SCOTUS has not taken up any challenge the NFA 1934, or to any of the subsequent bans on full-automatic firearms, on the basis that such firearms ARE weapons of war, and thus protected by the 2d Amendment.
    I would be interested in reading what others know about this subject.
     

    Forum statistics

    Threads
    195,221
    Messages
    1,546,083
    Members
    29,168
    Latest member
    Lyle.lejeune2017
    Top Bottom