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gejohnston

(17,502 posts)
16. your source lied by omission,
Tue May 3, 2016, 08:03 PM
May 2016

but still wrong. It was never established and the "accepted view" existed only in the minds of a few academics since Miller. That was the government's argument in Miller, but the court rejected it.

What Miller REALLY said was that registering sawed off shotguns did not violate the 2A because it was not a military weapon. It was a 8-0 vote only because Miller was dead and there was no counter argument and no briefs on his behalf. It is a very poor choice. If your claim was true, then why didn't they simply ban machine guns and sawed off shotguns instead of the high transference tax and registration? Because they know a ban would be struck down.
Miller did not say only militias were protected, only ownership of military weapons were protected. If it were a Thompson SMG or a BAR, the ruling might have been quite different. That is why both sides claim that Miller was a victory for their side.
https://en.wikipedia.org/wiki/United_States_v._Miller
http://www.law.nyu.edu/sites/default/files/ECM_PRO_060964.pdf
http://www.encyclopediaofarkansas.net/encyclopedia/entry-detail.aspx?entryID=4742
https://www.law.cornell.edu/supremecourt/text/307/174
Before Miller, look up Nunn v Georgia.

Since I didn't cite an advocacy group from either side, like the NRA, can you do the same? I'm thinking not.

Recommendations

0 members have recommended this reply (displayed in chronological order):

What was "carefully considered" by the politicians passing the bill guillaumeb May 2016 #1
That was a major victory sarisataka May 2016 #2
A major victory for fear and for the money purchasing SCOTUS Judges. guillaumeb May 2016 #3
. sarisataka May 2016 #4
..."for the money purchasing SCOTUS judges" Kang Colby May 2016 #5
You do realize TeddyR May 2016 #6
A carefull re-reading of my post will show that I was referring to SCOTUS guillaumeb May 2016 #8
Apologies for misreading your post TeddyR May 2016 #9
Again, after accepting your kind apology, the SCOTUS is the final arbiter of law. guillaumeb May 2016 #11
Ok TeddyR May 2016 #13
what centuries of SCOTUS precedent? gejohnston May 2016 #7
First, prior to DC v Heller, the established and accepted view was that the Second guillaumeb May 2016 #10
There's lots of scholarly articles TeddyR May 2016 #12
Please read my reply #10. It says it better than I can. eom guillaumeb May 2016 #14
Ok TeddyR May 2016 #15
your source lied by omission, gejohnston May 2016 #16
While that view had some degree of legal standing... Lizzie Poppet May 2016 #17
To characterize a unanimous SCOTUS decision as guillaumeb May 2016 #18
Ah, so they never bothered to rule on it because, well "everybody knows" DonP May 2016 #19
Research SCOTUS decisions prior to Heller and your claim of guillaumeb May 2016 #20
Yeah, that's too bad, like it or not you're still stuck with Heller and McDonald as the law DonP May 2016 #25
You couldn't be more wrong about the linguistic analysis. Lizzie Poppet May 2016 #21
The clear language of the Second Amendment links a well regulated militia guillaumeb May 2016 #22
See above. Lizzie Poppet May 2016 #23
The NRA would be quite proud. guillaumeb May 2016 #24
Ah, resorting to insult? Bye, Felicia. Lizzie Poppet May 2016 #26
Bull. beevul May 2016 #29
Where does the Second Amendment TeddyR May 2016 #30
unanimous only because gejohnston May 2016 #28
Not familiar sarisataka May 2016 #27
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