United States v. Miller (1939)
- Facts of the case: An Arkansas federal district court charged Jack Miller and Frank Layton with violating the National Firearms Act of 1934 (“NFA”) when they transported a sawed-off double-barrel 12-gauge shotgun in interstate commerce. 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.
- Question: Does the Second Amendment protect an individual’s right to keep and bear a sawed-off double-barrel shotgun?
- Court Comment: The purpose of the Second Amendment [x2] was to maintain effective state militias; Congress could require registration of a 12-gauge sawed-off shotgun if carried across state lines (Oklahoma to Arkansas [x1]).
- Finding: 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. Writing for the unanimous Court, Justice James Clark McReynolds reasoned that because possessing 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.
[x1] Oklahoma to Arkansas – Comment by Hansen – It must be challenged as to being transported from one ‘federal-zone’ to another ‘federal-zone’ (land) to complete the sufficiency of the evidence to be classified as ‘interstate commerce’. In this case the Defendant may have not been in land that is owned by ‘The United States of America’ when they where in land of ether Oklahoma to Arkansas, yet they may have failed to challenge such, which is naturally common for US federally licensed attorneys.
[x2] Second Amendment, is of right for a man, and of granted permission of a ‘US person’. It is possible that one can pass through a federal zone with such a gun as a ‘man’ by right, and not as a ‘person’ of privilege (i.e. US citizen/Resident).
Hansen’s advise – Stay off ‘federal’ owned lands as much as possible, especially if you have any guns. (Land as described in – Article 1, Section 8, Paragraph 17)
P.S. – Fire Arm – IRS Code, ATF Code, 1934 National Fire Arms Act/Code.
< 18″ shot gun barrel.
< 16″ rifel barrel, over all < 26″.