Posted on 11/26/2007 1:22:24 PM PST by 2nd amendment mama
BTTT
Putting up a token protest to the Citigroup Abu Dhabi deal last I checked :)
Good for you all.
Go get em!
I thought that too.
“The SU Supreme Court has repeatedly spoke to the Second Amendment as securing an individual right to bear arms.
In modern times: U.S. v. Miller (appearing to hold that if an arm was in common use and suitable for militia duty it was exempt from federal tax stamp requirements;”
The very fact that *Miller* was decided on the merits means a LOT. The USSC doesn’t like to decide cases, especially political issue cases, and denies cert. in something like 99% of all filings. The Court could easily have said, “Miller failed to state a claim, cert. denied.” This would be identical to the Silviera v. Lockyer case, in which the 9th Circus said that the 2nd isn’t about individual rights, therefore no individual can bring a case. No, in Miller the case was decided with the assumption that Miller had a 2nd Amendment RKBA, and the specific issue decided was whether the gun he had was protected by the 2nd. Of course, the decision was non-sensical:
“In the absence of any evidence tending to show that possession or use of a “shotgun having a barrel of less than eighteen inches in length” at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. 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.”
That short barreled shotguns were useful to the military was beyond question - they were known as “trench brooms” in WW1, which occurred only about 20 years previously. Under Miller, we’d all have the right to go out and purchase a full auto M16 or M4.
Here’s a great link for a discussion on Miller: http://www.rkba.org/research/miller/Miller.html
bump 4 sexy 2a mamas :-)
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