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jimmy the one

(2,720 posts)
40. miller said no individual rkba
Thu Dec 27, 2018, 11:07 AM
Dec 2018

discntnt: You're quoting the prosecution's argument not the court's decision. Since it is beyond the purview of a judge to bring evidence to the court and since the neither defendants nor counsel appeared, the decision rendered draws solely from the points argued by the prosecutors and existing relevant laws.

That's the gun lobby rendition of it, their song & dance to water down the 1939 supreme court miller decision that clearly stood for a militia interpretation of the 2nd amendment.
That's the gun lobby's concocted propaganda they feed to gullible saps who want to believe they have an unfettered right to keep & bear most all kinds of guns & military style firearms without ever having to do a single day in military service to america.

Facts of the case: An Arkansas federal district court charged Jack Miller and Frank Layton with violating the National Firearms Act of 1934 (when they transported a sawed-off double-barrel 12-gauge shotgun in interstate commerce. Miller and Layton argued that the NFA violated their Second Amendment right to keep and bear arms. The district court agreed and dismissed the case.

Question: Does the Second Amendment protect an individual's right to keep and bear a sawed-off double-barrel shotgun?

UNANIMOUS DECISION FOR UNITED STATES The purpose of the Second Amendment was to maintain effective state militias; Congress could require registration of a 12-gauge sawed-off shotgun if carried across state lines

The Supreme Court reversed the district court, holding that the Second Amendment does not guarantee an individual the right to keep and bear a sawed-off double-barrel shotgun. Writing for the unanimous Court, Justice James Clark McReynolds reasoned that because possessing a sawed-off double barrel shotgun does not have a reasonable relationship to the preservation or efficiency of a well-regulated militia, the Second Amendment does not protect the possession of such an instrument.

https://www.oyez.org/cases/1900-1940/307us174

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0 members have recommended this reply (displayed in chronological order):

Message auto-removed Name removed Nov 2018 #1
That's an odd question. My take is that gun nuts interpret the meaning of the amendment differently Nitram Nov 2018 #2
The "implications" of the well regulated militia clause needledriver Nov 2018 #3
That's your idiosyncratic interpretation. There are two interpretations that are widely accepted Nitram Nov 2018 #4
This message was self-deleted by its author gejohnston Nov 2018 #5
A simple challenge for you hack89 Nov 2018 #6
I make a distinction between owning and practicing the safe use of a firearm, Nitram Nov 2018 #7
We are talking about guns and the militia. hack89 Nov 2018 #8
The history around the Bill of Rights supports my claim. During debates on what rights should be Nitram Nov 2018 #10
Ok. Now show me the case law that says all of that. hack89 Nov 2018 #11
You can start here. Enjoy! Nitram Nov 2018 #15
No. hack89 Nov 2018 #18
"But with the right of gun ownership enshrined in the U.S. Constitution" hack89 Nov 2018 #19
anywhere outside of the South before the mid 1920s gejohnston Nov 2018 #9
Per your request, yagotme Nov 2018 #12
In south central Kansas, some 55 years ago. oneshooter Nov 2018 #13
You've just proved my point. You were not allowed to "bear arms" in school. Nitram Nov 2018 #16
Ok, so you agree that a 10yr old should be allowed to carry a rifle oneshooter Nov 2018 #22
I was given my first rifle at age 10. I would never have been allowed to carry it loaded, not to Nitram Nov 2018 #23
And how long ago was this? oneshooter Nov 2018 #24
1962 Nitram Nov 2018 #25
Were you living in a city/town? oneshooter Nov 2018 #26
Rural Virginia. Nitram Nov 2018 #27
I took my first "big game" with my Grandfathers M92 in 38WCF, no scope. I was 10 years old. oneshooter Nov 2018 #28
Umm, your original question was to "Carry" "into school". yagotme Dec 2018 #30
You do realize that schools used to have gun clubs, don't you? Revanchist Nov 2018 #14
Looks pretty well-regulated to me. Nitram Nov 2018 #17
Poor trigger discipline in some of those pics. yagotme Dec 2018 #31
But nothing to do with the militia, right? Nt hack89 Nov 2018 #29
My daughter's university in Minnasota has secure gun lockers for students hack89 Nov 2018 #21
Yes, there are two interpretations discntnt_irny_srcsm Nov 2018 #20
boring bor jimmy the one Dec 2018 #33
Apologies for the quote. It should heave been, "Jimmy, we have to cook." discntnt_irny_srcsm Dec 2018 #34
both limitation and protection in bor jimmy the one Dec 2018 #36
"...you can lead a horse to water but you cannot make it comprehend..." discntnt_irny_srcsm Dec 2018 #37
I'm so excited, I just can't hide it jimmy the one Dec 2018 #38
re: "Thanks for making my point." discntnt_irny_srcsm Dec 2018 #39
miller said no individual rkba jimmy the one Dec 2018 #40
re: "miller said no individual rkba" discntnt_irny_srcsm Dec 2018 #41
read and understand 1939 miller decision jimmy the one Dec 2018 #42
re: "Abandonment by defense counsel occurs & occurred... You make little sense." discntnt_irny_srcsm Dec 2018 #43
1939 Miller decision in supreme court jimmy the one Dec 2018 #32
In discussing miller provide for us in detail... discntnt_irny_srcsm Dec 2018 #35
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