Tuesday, April 10, 2018

Contrasts in rulings

United States Vs Miller 1939
On March 30, 1939, the Supreme Court heard the case. Attorneys for the United States argued four points:
1. The NFA is intended as a revenue-collecting measure and therefore within the authority of the Department of the Treasury.
2. The defendants transported the shotgun from Oklahoma to Arkansas, and therefore used it in interstate commerce.
3. The Second Amendment protects only the ownership of military-type weapons appropriate for use in an organized militia.
4. The "double barrel 12-gauge Stevens shotgun having a barrel less than 18 inches in length, bearing identification number 76230" was never used in any militia organization.
2nd District Federal court
upholds ban on AR-15's due too:
The Court found that the undisputed facts in the record “convincingly demonstrate that the AR-15 and LCMs banned by the Act are ‘weapons that are most useful for military service.’

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