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To: robertpaulsen
Now, it could very well be that all these lower federal courts are wrong, and that one day the U.S. Supreme Court will set them straight. But, given that the U.S. Supreme Court USES these lower court decisions to make their decision, I wouldn't count on it.

One lower court decision, I think it was Toft, quotes from the syllabus of the Miller decision. The portion of the syllabus quoted does not, in fact, match what Miller actually says. The other lower-court cases in turn cite Toft.

Counting on a court to do anything right while people like Ginsburg are on it would be unwise, but a reading of what Miller actually says (joined with an understanding of what terms like "judicial notice" and "remanded" mean) makes clear that it doesn't really support the anti-gun position. If it did, why did the government offer Miller's co-defendent (Miller was deceased) Jack Layton a plea bargain for time served instead of prosecuting him?

68 posted on 07/13/2006 11:02:29 PM PDT by supercat (Sony delenda est.)
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To: supercat
"One lower court decision, I think it was Toft, quotes from the syllabus of the Miller decision. The portion of the syllabus quoted does not, in fact, match what Miller actually says. The other lower-court cases in turn cite Toft."

I can't find this anywhere, so I really can't comment. If you have a link, I'd appreciate it.

"but a reading of what Miller actually says (joined with an understanding of what terms like "judicial notice" and "remanded" mean) makes clear that it doesn't really support the anti-gun position."

I agree. Once remanded, I believe the lower court would have found that a sawed-off shotgun was indeed "part of the ordinary military equipment" and allowed by the second amendment. As to whether Miller and Layton were "enrolled for military discipline" is questionable -- they may not have had standing to bring a second amendment case.

"If it did, why did the government offer Miller's co-defendent (Miller was deceased) Jack Layton a plea bargain for time served instead of prosecuting him?"

Frank Layton pleaded guilty to the charge of transporting a sawed-off shotgun (after the Supreme Court decision) and was placed on five year's probation by Judge Heartsill Ragon on January 8, 1940.

73 posted on 07/14/2006 7:24:59 AM PDT by robertpaulsen
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