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To: El Gato
"some sort of military use seems to have been found for almost any modern lethal weapon."

That's not what the Miller court asked! I am getting really PO'd with people rephrasing the argument, yourself included.

The court asked if the weapon bore some reasonable relationship to the preservation or efficiency of a well regulated militia -- NOT if it had "some sort of military use".

At the time of this Supreme Court inquiry, WWII was years away. Why are you even bringing it up? Cases was years away. Why bring it up?

At the time of Miller, WWI was concluded. The military ordered and used tens of thousands of "trench guns" for the military. They were 20".

Im my opinion, Mr. Miller's sawed-off shotgun would NOT have qualifird.

Lastly, let's say this military historian/officer testified and said, for sake of argument, that a shotgun less than 18" was not suitable. You realize, therefore, that Congress could then prohibit such a weapon (no second amendment protection!) meaning that no state militia in the United States would be able to use it?

One military historian/officer making that decision for militias acrosss the United States? I don't think so.

1,183 posted on 03/14/2007 9:27:47 AM PDT by robertpaulsen
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To: robertpaulsen
Im my opinion, Mr. Miller's sawed-off shotgun would NOT have qualifird.


1,184 posted on 03/14/2007 9:33:13 AM PDT by Dead Corpse (What would a free man do?)
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To: robertpaulsen
That's not what the Miller court asked! I am getting really PO'd with people rephrasing the argument, yourself included.

Those were the words of the US First Circuit Court, not mine. Take your beef to them. Of course they wrote that much closer in time, and in knowledge of the Miller case, than you or I, and I suspect the Judge who wrote the words has passed on, so you'll have to complain to him when you meet him.

1,227 posted on 03/14/2007 5:27:02 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: robertpaulsen
At the time of this Supreme Court inquiry, WWII was years away. Why are you even bringing it up? Cases was years away. Why bring it up?

What inquiry? There was no testimony, no evidence, just the government's brief, with no appearance for the former defendents. (remember their case had been dismissed by the District Court?)

Why bring it up? To show how US Federal Circuit Judges "read" the meaning of the rule set forth in Miller

You don't suppose they, being closer in time, by a lot, since cases was only two years, more or less, after the Miller decision. WW-II was not "years away" when Miller was decided, but mere months. The Cases court was referring to events in Europe at the time, where the war had been raging for around 2 years.

Nice misdirection with the "years away"

The military ordered and used tens of thousands of "trench guns" for the military. They were 20".

18". Get your facts straight, even when they support your argument.

1,230 posted on 03/14/2007 5:52:05 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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