Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Brooklyn Attitude
IIRC miller decision was the result of the defendant not showing up to defend their right to possess a Sawed off shotgun. The fact that short barreled shotguns were commonly used by the military was not presented to the justices.

Honey Tyrant Blackrobe don't give a s**t.

45 posted on 10/22/2013 12:35:10 PM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
[ Post Reply | Private Reply | To 5 | View Replies ]


To: kiryandil
IIRC miller decision was the result of the defendant(s) 'Attorney' not showing up (was not paid by defendant) to defend their his right to possess a Sawed off shotgun. The fact that short barreled shotguns were commonly used by the military was not presented to the justices. To Hell, with the 2nd, what about U.S. Constitution {See Article I, Section 8, paragraph 11}

Founders had CANONS. Canons were on PRIVATE ships during the war of 1812. You might say what about TANKS, I say people OWN and USE PRIVATE PLANES which, might be used dangerously (a little sarcasm here).

The Second Amendment was about protection against an intrusive, out of control GOVERNMENT.

The U.S. Constitution {See Article I, Section 8, paragraph 11} authorizes Congress to "grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". That means they expected individuals to have enough firepower to take on foreign ships and armies (as shown by the "captures on land and water"). You aren't going to do that with a single musket, so at least some people had to own the 18th century weapon(s) of mass destruction, the cannon (and probably more than one).

Letters of Marque and Reprisal. Article I, Section 8, paragraph 11 of the U.S. Constitution authorizes Congress to "grant Letters of Marque and Reprisal, and make rules concerning captures on land and water." A "reprisal" means an action taken in return for some injury. A reprisal could be a seizing of property or guilty persons in retaliation for an attack and injury. It could include forced used against the perpetrators for the redress of grievances. A reprisal could even involve killing a terrorist who is threatening further harm and cannot be captured.

"Marque" is related to "marching" and means crossing or marching across a border in order to do a reprisal. So a Letter of Marque and Reprisal would authorize a private person, not in the U.S. armed forces, to conduct reprisal operations outside the borders of the U.S.A.

Such Letters are grantable not just by the U.S. Constitution, but also by international law, which is why it was able to be included in the Constitution. The Letters are grantable whenever the citizens or subjects of one country are injured by those in another country and justice is denied by the government of that country.

See also: https://en.wikipedia.org/wiki/Letter_of_marque

Applying for, and legal effect of, letter of marque

The procedure for issuing Letters of Marque and the issuing authority varied by time and circumstance. In colonial America, for instance, colonial governors issued them in the name of the king. During the American Revolution, first the state legislatures, then both the states and the Continental Congress, then, after ratification of the Constitution, Congress authorized and the President to sign Letters of Marque. A shipowner would send in an application stating the name, description, tonnage, and force (armaments) of the vessel, the name and residence of the owner, and the intended number of crew, and tendered a bond promising strict observance of the country's laws and treaties and of international laws and customs. The commission was granted to the vessel, not to its captain, often for a limited time or specified area, and stated the enemy upon whom attacks were permitted. For instance, during the Second Barbary War President James Madison authorized the Salem, Mass., brig Grand Turk to cruise against "Algerine vessels, public or private, goods and effects, of or belonging to the Dey of Algiers".[17] (Interestingly, this particular commission was never put to use, as it was issued the same day the treaty was signed ending the U.S. involvement in the war—July 3, 1815.)

Yet private ship owners had cannon, and even as late as Teddy Roosevelt's Roughriders, the {William Tiffany}Tiffany Family gave them a couple of machine guns (Private interests gave the regiment superior firepower). See https://en.wikipedia.org/wiki/Woodbury_Kane or below:

http://www.americanrifleman.org/Webcontent/images/2013-2/20132279156-roughridersgun_m.jpg

from Paragraph 7

But this was not a Gatling; it was a potato digger and, as TR wrote in The Rough Riders (1899): “Our regiment had accumulated two rapid-fire Colt automatic guns, (pre John Browning's design 50 caliber M2 machine gun, see also Note-1) the gift of Stevens, Kane, {William Tiffany}Tiffany {as in Jewelry Family}, and one or two others of the New York men … .”

Note-1: Prior, to the July 1, 1898, assault on San Juan Hill.

From https://en.wikipedia.org/wiki/Woodbury_Kane Spanish-American war service

When the Spanish-American War broke out, Kane, with other leaders of society, enlisted in the First United States Volunteer Cavalry, better known as the "Rough Riders." Kane and several of his East Coast friends including William Tiffany donated two Colt Machine Guns that Post $7,500 each. When the Rough Riders will Sic{were} allowed to expand from their original number of 778 to 1000, Kane was commissioned a lieutenant. Roosevelt mention him in his account The Rough Riders:

49 posted on 10/22/2013 1:15:47 PM PDT by Stanwood_Dave ("Testilying." Cop's don't lie, they just Testily{ing} as taught in their respected Police Academy.)
[ Post Reply | Private Reply | To 45 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson