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I was referring to the raft of federal firearms regulations and prosecutions which
ignore the clear interpretation of Miller v. U.S.: that the right to keep and bear
arms with obvious military use shall not be regulated.
I was referring to the raft of federal firearms regulations and prosecutions which
ignore the clear interpretation of Miller v. U.S.: that the right to keep and bear
arms with obvious military use shall not be regulated.
The opinion didn't exactly say this because Jack Miller, a bank robber and moonshiner,
could not afford representation before the SC and in fact died of apparent
self-inflicted wounds before the hearing date. His co-defendent Frank Layton
apparently decided he wasn't interested in defending our rights under the 2nd and took
four years probation. But despite the lack of defendent representation the opinion,
written by Justice James Clark McReynolds, was notable in that it did not completely
cave in to the government demands.
The case was returned to the lower court where Miller, if living, could have made
further arguments on his own behalf. He could have easily and correctly argued that
short-barreled shotguns had been popular military weapons in the trenches of the First
World War. It was lucky for the federal government that he was dead.
The courts and Congress have turned this opinion on its head to suit their own
purposes and because many/most in power see such citizen empowerment as nothing short
of a Constitutional suicide pact and refuse to accept it. They can't remove the
Second but they can try and interpret it away.
At 10:58 PM 9/6/2001 -0400, Declan McCullagh wrote:
>I'm confused about "Fedgov" references. This was a state law and
a state prosecution and a state judge. Doesn't make it right, but it
has little to do with "Fedgov."
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