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View Diary: A New Assault Weapons Ban (73 comments)

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  •  I agree with you on Miller. (1+ / 0-)
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    Miller was rather inconclusive (working from memory here, haven't read to opinion in a long time). It didn't even find that the shotgun was or was not a useful military weapon, it just indicated that since no evidence had been offered to support such a notion, Miller lost the case.

    If one takes that (paraphrased) comment as dictum and concludes that what was being said was that if Miller had shown that his firearm was similar enough to common military weapons, he would have prevailed. That's actually a very scary conclusion - although it is one that might have lead to amending the Constitution to eliminate or alter the Second Amendment which would have pleased some people.

    Oddly Heller found that the Second Amendment includes a right to self defense. If one combines Heller with the RBKA friendly interpretation of Miller, it seems about the only thing that goes boom and that you can carry that could be banned would be those that only had a sporting or hunting use.

    (And, based on your response, I think I misinterpreted your original comment a bit.)

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