And as for it being “constitutional,” the reason the feds went after a transfer tax instead of a ban is they knew they didn’t have authority to try for the latter. And as for that registration and tax, the district court in the Miller short-barreled shotgun case agreed that it was a violation of the Second Amendment. It was only after the government appealed to the Supreme Court and no attorney showed up to argue the case, and only the government’s side was heard, that the opinion cited in subsequent cases was issued. And even that had to concede a weapon was protected if it had “some reasonable relationship to the preservation or efficiency of a well regulated militia [or] that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.” [More]If only we treat all guns the way we do machine guns, why we'd all be drinkin' that free Bubble Up and eatin' that rainbow stew.
Showing posts sorted by relevance for query ordinary military equipment. Sort by date Show all posts
Showing posts sorted by relevance for query ordinary military equipment. Sort by date Show all posts
Monday, June 06, 2016
NYT’s ‘Gun Control That Works’ Just another Disarmament Zealot Wish List Attack on RKBA
Friday, April 04, 2008
This Day in History: April 4
It appears to me that Light Blunderbusses on account of the quantity of shot they will carry, will be preferable to Carbines, for Dragoons, as the Carbines only carry a single ball especially in case of close action.What was that Miller decision again?
Oh, yeah:
In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen 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.
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