[TheForge] Criminal Background Check: way OT: Corrected
Andrew Vida
osan at netlabs.net
Sat Jan 31 21:16:37 EST 2009
Grant Marcoux wrote:
> Lads & Lasses: Peter is correct on Miller v. US....the court disagreed with
> appellant's 2nd Amendment claim on the grounds that there was no connection
> between short-barreled shotguns and a "well-regulated militia" However, the
> court blithely ignored the use of short-barreled shotguns in WW1 by US
> troops. Interestingly, in the Miller case, neither side stood before the
> court to make oral arguments.
Which is why the case was sort of screwed up. Had Miller showed, a
good case could have been made. He disappeared into the mist, never to
be seen again. :)
Rulings aside, I can still pay my $9 and saw the barrels off my coach
gun to 10". Not that I'd want to do such a thing to so nice a gun, mind
you.
>
> The individual rights vs. collective rights arguments are a recent trend, as
> Miller dealt with the aspects of a particular weapon in militia service, vs.
> a collective vs. individual rights argument.
That is because it is only recently that anyone was ignorant enough not
to be able to properly interpret the amendment.
>
> In Heller vs. DC, sadly, a bare majority found the 2nd Amendment to uphold
> an individual right. In the dissenting opinion, Justice Stevens commented
> that even an individual right is a collective one, under certain
> circumstances. Wow...kinda sounds like Orwellian double-speak to me.
At least we know who the traitors and/or incompetents are on the SCOTUS
bench. Cold comfort, I agree.
>
> Stay tuned
Roger that.
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