View Single Post
Old November 20, 2008, 11:09 AM   #7
Tennessee Gentleman
Senior Member
 
Join Date: March 31, 2005
Location: Tennessee
Posts: 1,775
Quote:
My point is, if Miller says that it has to have a military purpose to be protected by 2A, and if there are no military arms less dangerous and unusual than the first category I devised, then how can military small arms NOT fall under 2A protection?
I am not sure the Court has articulated a "danger scale" for weapons and it appears that is the province of legislatures to decide that. Miller, which was a poorly written decision IMHO and Justice Kennedy's too, upheld the 1934 NFA that required sawed-off shotguns to be registered and taxed. The court IIRC said that the 2A did not protect Miller from the restrictions of the NFA unless he could show that the weapon had a militia relationship.

Then, of course I assert that the militia that the 2A talks about exists no more but that is probably another thread.

Heller and Gura talk about weapons in common use by civilians most military weapons are not being protected by the 2A. Heller expertly IMHO decoupled the Brady view that the right to keep and bear arms related only to militia service which we no longer have.
__________________
"God and the Soldier we adore, in time of trouble but not before. When the danger's past and the wrong been righted, God is forgotten and the Soldier slighted."
Anonymous Soldier.
Tennessee Gentleman is offline  
 
Page generated in 0.03733 seconds with 8 queries