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To: hoosierham
-- If 14 inch shotgun barrels are government approved for their agents then we all should be able to have one if we want. --

The District Court held that section 11 of the [1934 National Firearms] Act violates the Second Amendment. It accordingly ... quashed the indictment. ...

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.

US v. Miller, 307 U.S. 174 (1939)

That was then. 1) Miller's indictment was quashed, and 2) the Supreme Court had no evidence regarding the efficacy of short barrel shotguns, and because it had no evidence, it COULD NOT SAY whether or not the 2nd amendment protected the forbidden weapon. If a Court had evidence that a short barrel shotgun met any of the several criteria the Supreme Court outlined, and if it followed the instructions of the Miller case, it would find, as did the court below in the Miller case, that the 1934 NFA ban on short barrel shotguns was unconstitutional.

Fast forward to 2008, and behold the Supreme Court butchering its own precedent.

The judgment in the [Miller] case upheld against a Second Amendment challenge two men's federal convictions for transporting an unregistered short-barreled shotgun in interstate commerce, in violation of the National Firearms Act ... It is entirely clear that the Court's basis for saying that the Second Amendment did not apply was ... that the type of weapon at issue was not eligible for Second Amendment protection.

District of Columbia v. Heller, No. 07-290 (2008)

My point being that the federal government is corrupt to the core. It draws it's "legitimacy" only from the credible threat of use of force against its subjects. It's position as superior against the people is morally void.

45 posted on 02/03/2010 7:47:59 AM PST by Cboldt
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To: Cboldt

Stick a four inch shotgun in a Judge’s belly and have him tell you there is no purpose.

Of course there is.

These were just, as always everywhere, state elitists always at war with the scum proletariat whom work their fields, manufacture the elite’s goods, cannon fodder their expidtions and so forth.

Under all political theory, Capitalist, Royal, Religious or Marxist, is the same bureaucratic foundation of parasitic elites. The regime names change, but the game is the same. Living off forced money off the masses. Kings and rabble, Czars and serfs, Commissars and soviets, Republicans and Democrats off the sheeple.


67 posted on 02/03/2010 8:20:43 AM PST by Leisler (We are in the best of hands)
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