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- Path: sparky!uunet!optilink!cramer
- From: cramer@optilink.UUCP (Clayton Cramer)
- Newsgroups: soc.history
- Subject: Re: [ACLU] A History of the Bill of Rights
- Message-ID: <13204@optilink.UUCP>
- Date: 17 Nov 92 00:11:00 GMT
- References: <1992Nov11.211933.2639@pony.Ingres.COM> <1992Nov15.023237.4102@ucsu.Colorado.EDU>
- Organization: Optilink Corporation, Petaluma, CA
- Lines: 42
-
- In article <1992Nov15.023237.4102@ucsu.Colorado.EDU>, fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
- > In article <lairdb.721620585@crash.cts.com> lairdb@crash.cts.com (Laird P. Broadfield) writes:
- # ## Specifically, the Court asked if Jack Miller's ownership
- # ##of a sawed-off shotgun had a "reasonable relationship to the
- # ##preservation or efficiency of the militia." If so, his right to
- # ##own it would be protected under the Second Amendment. Miller was clearly
- # ##a member of the militia (e.g. physically capable of military service.)
- # ##However, the Court found no evidence that a sawed-off shotgun was
- # ##a usefull militia weapon. They based this on past laws regulating
- # ##the militia and on the sort of weapons issued by the Army.
- #
- # #...As I recall, the issue was not that "...the Court found no
- # #evidence..." but that no-one *brought* evidence before them (Miller
- # #being dead by that time, and no-one else being particularly inclined
- # #to press the issue.) In fact, I thought I remembered the Opinion being
- # #carefully worded to reflect this.
- #
- # I'd heard Miller was already serving a _very_ long sentence for some
- # other crime, and didn't feel paying for a lawyer if it wouldn't get
- # him out of jail... He certainly wasn't represented before the
- # Court.
-
- He was released by the District Judge, who had ruled the National
- Firearms Act of 1934 to be contrary to the Second Amendment.
-
- # The Court did, however, make _some_ effort to determin on its own
- # if a swaed-off shotgun was of militia use, by checking the weapons
- # mentioned in various militia laws and those regularly issued by the
- # Army. Their ruling used the phrase, "...in the absence of any evidence..."
-
- If they did, it's not reflected in the opinion. The Court held that
- it was improper for the District Court to take it under judicial
- notice that a sawed-off shotgun was a militia weapon -- expert
- testimony was required. The meaning of the Second Amendment was
- not very clearly defined, though it seems clear that the Court
- intended, by their opinion about judicial notice, that only militia
- weapons were protected.
-
- # Frank Crary
- --
- Clayton E. Cramer {uunet,pyramid}!optilink!cramer My opinions, all mine!
- "Foxes prefer rabbits with short claws." -- Nadja Adolf
-