Fire Arm v. Shotgun v. Free Zone:
(((Are Hansen Comments)))
Facts of the case:
An Arkansas federal district court charged Jack Miller and Frank Layton with violating the National Firearms Act (“NFA”) (((Federal Law applies upon federal owned land, liken to a military base))) when they transported a sawed-off double-barrel 12-gauge shotgun (((US written law states that a shotgun/smooth bore barrel of less than 18 inches is prohibited))) in interstate commerce (((Interstate commerce is transportation from one federal zone to another federal zone.))). In part, Miller and Layton argued that the NFA violated their Second Amendment right to keep and bear arms. The district court agreed and dismissed the case.
Does the Second Amendment protect an individual’s right to keep and bear a sawed-off double-barrel shotgun?
The purpose of the Second Amendment was to maintain effective state militias; Congress could require registration of a 12-gauge sawed-off shotgun if carried across state lines (((interstate commerce))).
- No. The Supreme Court reversed the district court, holding that the Second Amendment does not guarantee an individual the right to keep and bear a sawed-off double-barrel shotgun. With Justice James Clark McReynolds writing for the majority, the Court reasoned that because the possession of a sawed-off double barrel shotgun does not have a reasonable relationship to the preservation or efficiency of a well-regulated militia, the Second Amendment does not protect the possession of such an instrument.
- (((I believe that a study of historical archives of the 2nd amendment would say little to nothing about the militia, and a lot about the ‘right‘ to possess any device you wish for defense. [Thus the bill of rights.] They should challenge if the location of the ‘firearm’ was in-fact evidence-able as being on a federal possession.))) Lawyer Hansen, freeinhabitant.info