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Old 09-06-2019, 12:33 PM
DrDeth is offline
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Join Date: Mar 2001
Location: San Jose
Posts: 42,224
Quote:
Originally Posted by Abatis View Post
The word's appearance in the declaratory clause does not mean that it has any legal weight WRT militia, that it directs or controls or mandates any structure or action or condition to exist.



No, Miller doesn't say that. Miller didn't say anything about the man and his militia status; that is a total misreading and misrepresentation. The Miller decision was focused only on the type of gun and whether it had any military / common defense usefulness, having no evidence presented that a sawed-off shotgun did have such usefulness, the Court did not invalidate the NFA's restrictions on the possession and use of that arm. It didn't really uphold them, the Court sent the case back down, but, Miller being dead, no more legal action took place....

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Not to mention, Miller being dead, there was no defense.