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To: ExSoldier

NO! It was NOT a “victory” for the government. The case was REMANDED to the lower court — i.e. no final decision was ever rendered in the case. The instruction the SC sent to the lower court with the remand was to determine whether the gun in question had a military use, and if it did then the original defendants could NOT be convicted due to their Second Amendment rights. The gun DID have a military use, though the lower court never had occasion to pursue that information, but more to the point, the SC’s holding was that the Second Amendment entitled citizens to keep and bear ANY gun that had a military use, i.e. any gun that they could reasonably in their capacity as members of the citizen militia. THAT was the SC decision in U.S. v. Miller. Do not let the gun-grabbers or misinformed RKBA supporters convince you otherwise. The gun-grabbers have lied about this one a lot, and way to many RKBA supporters have believed them without actually investigating the matter for themselves and learning the basics of how the legal system works in this country.


387 posted on 11/09/2007 2:01:00 PM PST by GovernmentShrinker
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To: GovernmentShrinker
The gun DID have a military use, though the lower court never had occasion to pursue that information, but more to the point, the SC’s holding was that the Second Amendment entitled citizens to keep and bear ANY gun that had a military use, i.e. any gun that they could reasonably in their capacity as members of the citizen militia. THAT was the SC decision in U.S. v. Miller. Do not let the gun-grabbers or misinformed RKBA supporters convince you otherwise.

Ahhhhhh I see! You're correct that is a cogent and well stated argument. Actually I got a lot of this info from my own law school experience back in the late 1980s. The Profs then were just as antigun as they are now. Thanks for the clarification. Well done! Now I have something else to discuss with my American Government students.

412 posted on 11/09/2007 2:47:33 PM PST by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: GovernmentShrinker

Glad to hear the info will be passed on to impressionable young voters or future voters. An excellent source of a wider range of RKBA info, including discussion of Miller and other SC cases, is at http://www.guncite.com/ Good site to consult for yourself, and also to direct your students to.


508 posted on 11/09/2007 8:46:57 PM PST by GovernmentShrinker
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