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Politics : PRESIDENT GEORGE W. BUSH
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To: Gordon A. Langston who wrote (133177)3/23/2001 6:14:42 PM
From: Kevin Rose  Read Replies (2) of 769667
 
I looked them over. Interesting spins. Now, I guess I have to cite a higher authority than yours: the Supreme Court. Note that both rulings make the same assumption: that the 2nd amendment is limited to the context of a "well regulated Militia":

U.S. v. Miller, 307 U.S. 174 (1939)

In U.S. V. Miller, 307 U.S. 174 (939) the Court upheld a federal law criminalizing the shipment of a sawed-off shotgun in interstate commerce. Concluding that the "obvious purpose" of the Second Amendment was "to assure the continuation and render possible the effectiveness" of the state militia, the Court refused to strike down the law on Second Amendment grounds absent any evidence that a sawed-off shotgun had "some reasonable relationship to the preservation or efficiency of a well regulated militia." The Court added that without this evidence, "we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument."

Lewis v. United States, 445 U.S. 55 (1980)

In Lewis v. United States, 445 U.S. 55 (1980), the Court ruled that restrictions contained in the Gun Control Act of 1968 prohibiting felons from owning firearms were constitutional. Using a "rational basis" standard, the Court held that the restrictions "do not trench upon any constitutionally protected liberties." Further, the Court reaffirmed the position first established in U.S. v. Miller that "the Second Amendment guarantees not right to keep and bear a firearm that does not have ‘some reasonable relationship to the preservation or efficiency of a well regulated militia’".
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