SAF CHALLENGES ‘ASSAULT WEAPON’ BAN IN COOK COUNTY, ILLINOIS [More]
That the complaint acknowledges "And they are, moreover, exactly what they would bring to service in militia duty, should such be necessary" is something I hope to see emphasized. Miller left us some tools that far too few ever pick up and use.
2 comments:
Yeah, it's amazing to me that the opinion in Miller isn't used to eviscerate NFA. Had that been even a semblance of a fair case, it never would have stood up to scrutiny.
Miller (the case) was eminently fair, once you understand that Miller (the person) was never convicted of anything. He was never even tried. The beginning and ending of the Miller decision is that the case had to go back to a lower court for an actual trial, and that never happened, because Miller was dead by then. The "militia-suitable weapon" criterion was simply an example of a fact that needed to be determined, justifying the holding of an actual trial. SCOTUS did not say one way or the other that the gun in question was or was not protected by the 2A. Miller having died, that determination was never made.
It is not the case that was unfair, it was how the decision was egregiously misrepresented by the government and the press that was unfair.
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