Apologies to the list, but I never heard a response from Dr. Spitzer-

Robert,

Can we take your silence to mean that you don't hold that the Miller
case was about the actions of the individual but rather about the type
of firearm in question?

-Gene

Gene Hoffman on 10/20/2003 wrote:

You stated:

Miller's action (carrying a sawed-off shotgun across state lines) was
not protected under the Second Amendment because there was no evidence
that his action "has some reasonable relationship to the preservation
or efficiency of a well regulated militia."

The court said:

"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."

I find your characterization of the court's decision to be about
Miller's action to be in direct conflict with the declarative, "the
instrument." Your quote seems selective and misleading and I would like
to understand - as would the other questioners - how you construct
"action" where I read "instrument."

-Gene Hoffman


Robert J. Spitzer wrote:


Sorry, I'm not following this.
RS




Reply via email to