M14 Shooter
The Light of Truth
- Sep 26, 2007
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You -could- read it that way, but you'd miss some pretty big indicators that you are wrong.If a person takes the effort, one could read that the Miller decision revolved around the National Firearms Act (NFA) of 1934. The case did not involve pointing to classifications of weapons, just the constitutionality of the NFA.Indeed.In the SCOTUS decision of District of Columbia v Heller (2008), Justice Scalia wrote in citing the Miller decision, "Miller stands only for the proposition that the Second Amendment right, whatever its nature, extends only to certain types of weapons.".
And, according to Miller, what weapons are those?
Phrases like "in common use at the time" and "part of the ordinary military equipment" come to mind - in fact the decision revolved around the fact it was not within judicial notice that a sawed-off shotgun fell into this category, and therefore not shown to havea " reasonable relation to the preservation or efficiency of a well regulated militia" so the court could not say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.
So, again: according to Miller, what are those "certain types of weapons"?