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jimmy the one

(2,718 posts)
8. Unanimous 8-0 scotus decision 1939, Miller, militia right
Fri Aug 20, 2021, 03:36 PM
Aug 2021

Sari: It has been more than a decade since the justices have ruled on {a} significant case concerning the right to bear arms,

It has been 8 decades since the supreme court ruled on the proper interpretation. The 1939 Miller decision which was unanimous 8-0 ruling it was a militia based right.
One would think that if the supreme court truly thought it was an individual right, as gun nuts spin miller, that at least one of the justices would've objected to the wording below, arguing that 'whoa, future generations will think we thought it was a militia based right', but not one objected.

excerpts, 1939 scotus Miller decision, 8-0 unanimous: Miller, 307 U.S. 174 (1939) Only weapons that have a reasonable relationship to the effectiveness of a well-regulated militia under the Second Amendment are free from government regulation.
In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than 18 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.

With obvious purpose to assure the continuation and render possible the effectiveness of such {militia} forces the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view

https://en.wikipedia.org/wiki/United_States_v._Miller

United States argument, bolstered by Dept of Justice amicus brief to 1938 scotus (year initiated): In the only other case in which the provisions of the National Firearms Act have been assailed as being in violation of the Second Amendment (United States v. Adams, 11 F. Supp. 216 (S. D. Fla.)), the contention was summarily rejected as follows (pp. 218-219):
The second amendment to the Constitution, providing, "the right of the people to keep and bear arms, shall not be infringed," has no application to this act. The Constitution does not grant the privilege to racketeers and desperadoes to carry weapons of the character dealt with in the act. It refers to the militia, a protective force of government; to the collective body and not individual rights. * * *

https://guncite.com/miller-brief.htm ha, guncite, shocked anyone?

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