SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Impeach George W. Bush
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: The Street who wrote (4903)7/14/2001 2:22:16 PM
From: jttmab  Read Replies (1) of 93284
 
Well, now you're getting a bit closer.....

it is about if Miller has a Constitutional Right to a sawed off shotgun via his individual right via the 2nd.

Finally. So it is a 2nd amendment issue. Which is what I said and you denied. The issue is whether [in part] the shotgun is a protected weapon under the 2nd amendment...US vs. Miller is directly a 2nd amendment case.

Let's keep that thought for a few minutes, if we can, and focus in on one condition of the second amendment. We'll deal with the others later. Refering back to the Court's decision..

The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon. 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.

Notice in the middle of all those words "and therefore". The Court is quite clear....the arm must have a reasonable relation to the preservation or efficiency of a well regulated militia and later in the paragraph the Court notes 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.

This is a minimum, though not sufficient, condition of 2nd amendment protection. A sawed off shotgun does not meet this requirement; I think it's quite obvious that neither would a regular shotgun; nor a Saturday night special; perhaps a hunting rifle - related to sniper warfare, maybe? A 9mm semi-automatic weapon, probably. An AK-47? Absolutely. A bazooka? Definitely a 2nd amendment protected weapon; perhaps even biological and chemical weapons are second amendment protected arms. Both these latter two could contribute to a common defense.

So here we are. A Saturday night special or a sawed off shotgun is not a 2nd amendment protected weapon. But an AK-47 is an arm the falls under the 2nd amendment.

Agreed?

jttmab
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  

HomeMailHotSubjectMarksPeopleMarksKeepersSettings
Terms Of UseContact UsCopyright/IP PolicyPrivacy PolicyAbout UsFAQAdvertise on SI
© 2026 Knight Sac Media.  Data provided by Twelve Data, Alpha Vantage, and CityFALCON News