davidmcbeth
Banned
16 JAN 13
Dear Eric,
It was nice speaking to you yesterday. It is clear that your expertise in respect to gun law can need some help.
I'll attach here a link to the 1939 US Supreme Court decision (and the court has only a handful of court decisions in our history)..
http://scholar.google.com/scholar_c...28801970&q=us+v.+miller+1939&hl=en&as_sdt=2,7
Of interest is the rational of what guns are covered (you really don't expect the 2nd amendment to list ARs, do you?)..as noted in 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."
You did agree that an AR has military value .. so many arms, including AR15s, M16s would have value under the 2nd amendment. The militia means people capable of combat operations (originally men over 18 yrs old - regular citizens, not "state national guard" which did not exist).
You should realize that CT's assault weapons ban court decision, the Benjamin case, did not examine the 2nd amendment as it was not incorporated to the states until just recently. Our AWB is likely unconstitutional.
So, give the Miller case a read and let me know your thoughts. Your boss, Ed might want to read this too.
Thanks.
Dear Eric,
It was nice speaking to you yesterday. It is clear that your expertise in respect to gun law can need some help.
I'll attach here a link to the 1939 US Supreme Court decision (and the court has only a handful of court decisions in our history)..
http://scholar.google.com/scholar_c...28801970&q=us+v.+miller+1939&hl=en&as_sdt=2,7
Of interest is the rational of what guns are covered (you really don't expect the 2nd amendment to list ARs, do you?)..as noted in 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."
You did agree that an AR has military value .. so many arms, including AR15s, M16s would have value under the 2nd amendment. The militia means people capable of combat operations (originally men over 18 yrs old - regular citizens, not "state national guard" which did not exist).
You should realize that CT's assault weapons ban court decision, the Benjamin case, did not examine the 2nd amendment as it was not incorporated to the states until just recently. Our AWB is likely unconstitutional.
So, give the Miller case a read and let me know your thoughts. Your boss, Ed might want to read this too.
Thanks.
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