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To: steve-b
"As the court correctly found in Miller (when you actually read the decision, not the various misrepresentations thereof), the militia clause provides guidance as to what sort of weapons constitute "arms" but does not speak to the question of when the right to keep and bear them is protected"

Yeah, "when" was not the corect word. See my post #174.

You are correct -- Miller only referenced the type of arms protected. Subsequent lower courts have addressed the "who" is protected.

192 posted on 02/05/2008 7:32:19 AM PST by robertpaulsen
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To: robertpaulsen
Subsequent lower courts have addressed the "who" is protected.

Fortunately, or not as the case may be, the Supreme Court is not bound by lower court decisions. Even other lower courts are not bound by them, although they may be influenced in their own thinking by them. That's true even if there is no disagreement between the circuits.

283 posted on 02/05/2008 7:26:03 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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