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To: rellimpank

The 2nd Amendment was phooked by an earlier democrat named Kennedy.

The states that their legislators love gun control love Antifa.


23 posted on 03/09/2021 6:16:57 AM PST by Terry L Smith
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To: Terry L Smith
The 2nd Amendment was phooked by an earlier democrat named Kennedy.

Actually, the 2nd was mangled almost beyond recognition by the supreme court in 1939 in U.S. v Miller. Not so much by what was decided, but more so by the underhanded way the government itself lied to the court through omission about the use of sawed-off shotguns utility in warfare.

The money quote:
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. Aymette v. State, 2 Humphreys (Tenn.) 154, 158.

(added emphasis mine)

Because Miller was not represented before the court, most likely because he was deceased, the court was not informed that sawed-off shotguns were used extensively in trench warfare during WWI. This is one of the misquoted supreme court decisions out there. If the NRA had been more concerned with gun control at the time than they were of hunting, we could have put section 922(o) to bed in 1938.

According to the plain words of the decision, any weapon that " has some reasonable relationship to the preservation or efficiency of a well regulated militia" is fully protected by the 2nd Amendment.

I advise anyone interested in the 2nd Amendment to read through the documentation at the above link. It has the most thorough documentation on the Miller case I have ever found.

36 posted on 03/09/2021 9:22:14 AM PST by zeugma (Stop deluding yourself that America is still a free country.)
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