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Old 09-07-2019, 03:40 PM
DrDeth is offline
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Join Date: Mar 2001
Location: San Jose
Posts: 42,743
Quote:
Originally Posted by Hamlet View Post
The same powers that allow current gun control legislation, the Commerce Clause.

"The view of the Amendment we took in Miller—that it protects the right to keep and bear arms for certain military purposes, but that it does not curtail the Legislature’s power to regulate the nonmilitary use and ownership of weapons—is both the most natural reading of the Amendment’s text and the interpretation most faithful to the history of its adoption...."
Talk about bad decisions. Miller wasnt even defended, Miller having " kicked the bucket, 'e's shuffled off 'is mortal coil, run down the curtain and joined the bleedin' choir invisible!!".

Because as has been pointed out, if Miller had been defended, the Court would have ruled the other way- a sawed off shotgun actually having been a normal weapon used by calvary during the Civil war, etc.

So the only reason we have Miller- a bad decision- is because Miller died. Otherwise his right to own a sawed off shotgun would have been Oked by SCOTUS.