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Pastimes : Guns - America's Greatest Legacy -- Ignore unavailable to you. Want to Upgrade?


To: CF Rebel who wrote (1443)3/27/2013 9:18:12 AM
From: CF Rebel2 Recommendations  Read Replies (1) | Respond to of 5328
 
The following is a particularly interesting part of the Heller decision. It refers to the Court's 1939 Miller decision and supports the idea that legally owned firearms are those that are most applicable to militia use (but also as personal protection, if you read the rest of Heller). This would appear to bode well for individuals who own semi-auto rifles and pistols in future Supreme Court decisions. Opportunistic democrats in congress and state legislatures clearly have not read Heller, much less have a clue about history. The following is near the end of II, Part E, about 2/3 the way down on the page.

We may as well consider at this point (for we will have to consider eventually) what types of weapons Miller permits. Read in isolation, Miller’s phrase “part of ordinary military equipment” could mean that only those weapons useful in warfare are protected. That would be a startling reading of the opinion, since it would mean that the National Firearms Act’s restrictions on machineguns (not challenged in Miller) might be unconstitutional, machineguns being useful in warfare in 1939. We think that Miller’s “ordinary military equipment” language must be read in tandem with what comes after: “[O]rdinarily when called for [militia] service [able-bodied] men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.” 307 U. S., at 179. The traditional militia was formed from a pool of men bringing arms “in common use at the time” for lawful purposes like self-defense. “In the colonial and revolutionary war era, [small-arms] weapons used by militiamen and weapons used in defense of person and home were one and the same.” State v. Kessler, 289 Ore. 359, 368, 614 P. 2d 94, 98 (1980) (citing G. Neumann, Swords and Blades of the American Revolution 6–15, 252–254 (1973)). Indeed, that is precisely the way in which the Second Amendment ’s operative clause furthers the purpose announced in its preface. We therefore read Miller to say only that the Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns. That accords with the historical understanding of the scope of the right, see Part III, infra.25
Do not hesitate to read the entire decision - it's a good read.

law.cornell.edu

CF Rebel