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MixedMotives
12-17-2012, 10:29 AM
Can someone help find a something, i thought i read a pro 2nd amendment case i think it was in the decision that the judge suggested that the 2nd allowed more for weapons that military would have.. no not tanks and bazookas :facepalm:


if im wrong or misunderstood what i read or maybe i way high on lsd and it was all in my head forgive me

IVC
12-17-2012, 10:47 AM
Miller in 1939 implied that the type of shotgun he was carrying was NOT protected under 2A because it was not suitable for military use, which would imply that the military style weapons are protected.

Here is a quick overview: http://en.wikipedia.org/wiki/United_States_v._Miller

fizux
12-17-2012, 11:13 PM
Miller in 1939 implied that the type of shotgun he was carrying was NOT protected under 2A because it was not suitable for military use, which would imply that the military style weapons are protected.

Here is a quick overview: http://en.wikipedia.org/wiki/United_States_v._Miller

Actually, I think the Miller opinion said there was no evidence introduced at trial that the sawed off shotgun had military value -- in that case, Mr. Miller blew off the trial as soon as he was out on pretrial release, and no one introduced evidence for him at trial.

Had Mr. Miller showed up and testified that he thought sawed off shotguns were useful as trench clearing tools in WW1, we might have had a different result.

MixedMotives
12-18-2012, 2:31 PM
thats the only case there is none more resent?

stix213
12-18-2012, 2:37 PM
thats the only case there is none more resent?

The two recent SCOTUS cases only dealt with handguns that were not of particular "assaulty" status, so they didn't venture there. There is the "common use" clause though in Heller that is certainly helpful. (Basically you can't ban guns in common use) It doesn't get more common right now than an AR-15.

MixedMotives
12-19-2012, 7:25 PM
The two recent SCOTUS cases only dealt with handguns that were not of particular "assaulty" status, so they didn't venture there. There is the "common use" clause though in Heller that is certainly helpful. (Basically you can't ban guns in common use) It doesn't get more common right now than an AR-15.

can you please tell me which two?

Librarian
12-19-2012, 7:43 PM
can you please tell me which two?

Heller and McDonald. See my .sig for links to the case web sites.

ETA - usage note: "Supreme Court of the United States" ordinarily uses all the words to form the acronym, not just the important ones, thus SCOTUS (see also POTUS, President of the U S, FLOTUS, First Lady of the U S). 'SCUS' looks weird.

Baja Daze
12-20-2012, 1:39 AM
Actually, I think the Miller opinion said there was no evidence introduced at trial that the sawed off shotgun had military value -- in that case, Mr. Miller blew off the trial as soon as he was out on pretrial release, and no one introduced evidence for him at trial.

Had Mr. Miller showed up and testified that he thought sawed off shotguns were useful as trench clearing tools in WW1, we might have had a different result.
Actually Mr. Miller did not blow off the trial, he was blown away....as in shot to death!

fizux
12-26-2012, 8:43 AM
Actually Mr. Miller did not blow off the trial, he was blown away....as in shot to death!

After the District Court's finding, Mr. Miller died about a month before the SCOTUS decision. He suffered from a fatal dose of lead poisoning with only a .45 in his hands -- it looks like he needed the shotgun after all.