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To: William Tell
More to the point, I think, is that there was no record of any testimony or evidence presented that a sawed-off shotgun had NO military use. The burden would have been on the prosecution.

The Supreme Court did not uphold the conviction of Miller or his co-defendant Layton, because they were never convicted. All it did was rule that the government could put forth a case against them, and that if they wanted to claim Second-Amendment protection they would have to (in the upcoming case) present evidence that a shotgun was militarily useful.

Had the government sought a conviction following U.S. v. Miller, the surviving defendant (Layton) would have had the right to introduce evidence in court that a shotgun was militarily useful. The government basically dropped, the case, however, so Layton had neither the need nor opportunity to present such evidence.

300 posted on 07/31/2004 12:05:34 AM PDT by supercat (If Kerry becomes President, nothing bad will happen for which he won't have an excuse.)
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To: supercat
supercat said: "...if they wanted to claim Second-Amendment protection they would have to (in the upcoming case) present evidence that a shotgun was militarily useful."

Please tell me how the NFA 1934, the law in question in Miller, can specify a crime, the elements of which include usefulness to a militia, and yet not mention the same.

I would expect the lower courts to rule the law unConstitutional on the basis of infringement of the Second Amendment due to non-mention of the militia connection which the Supreme Court has ruled necessary.

Otherwise, the burden of proof could be moved entirely to the defendant. A person could be charged under this law and convicted for possessing an unlicensed rutabaga after failing to prove that such vegetable was not a short-barreled shotgun.

316 posted on 07/31/2004 10:28:44 AM PDT by William Tell
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