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Old May 18, 2019, 11:49 AM   #13
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,655
MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

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. Aymette v. State, 2 Humphreys (Tenn.) 154, 158.


We are unable to accept the conclusion of the court below, and the challenged judgment must be reversed. The cause will be remanded for further proceedings.

MR. JUSTICE DOUGLAS took no part in the consideration or decision of this cause.
Miller was not only not represented, the case was never heard (for further evidence) as he was dead.
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