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jimmy the one

(2,708 posts)
29. Miller, 1939 take II
Sat Jan 19, 2013, 03:35 PM
Jan 2013

dairydog: And as Dred Scott seemed to show, older justices did think that American citizenship conferred an individual right to keep and bear arms in public.

No they did not. Unless you mean it in militia formation or drill, since 'bear arms' was in a confrontational manner, and justices, no matter their age, would've been loathe to allow people to show up with bayonet attached & cartridge ready with buck & ball inside a musket. They would've had far less objection to simply carrying unloaded untipped muskets about, as an auxilliary 'right'.

Miller shows an intersection of the "militia" and the "people's right to keep and bear arms," and I think the text shows a rather more complicated interaction instead of the simplistic community right argument you're making.

Pls point out exactly which passages in the 1939 miller decision support what you say above, that the 9 justices were interacting with some individual RKBA. I'd like to see what you're talking about.

Miller is particularly relevant since the court seemed to analyze whether Miller individually possessed a right to own a sawed-off shotgun; if the Second Amendment merely protected "state's rights," shouldn't the court simply have dismissed his argument for lack of standing, instead of going into the details of the weapon in question? Rather, the precedent seems to show an individual right, but one which existed for community purposes, and hence the individual right was limited to the extent that it served the stated community purposes.

This is just reiterating the song & dance which the gun lobby fabricated during the past 30 years, to get around the miller decision. That was a difficult task for the gunlobby/nra - getting around miller - since miller had been interpreted as a militia based RKBA, had been used since 1939 in federal courts to substantiate militia based interpretation (ie april love), and leads just about any unbiased reader to believe their interpretation of 2ndA was militia based.

True; but ... 1StrongBlackMan Jan 2013 #1
Yes. I posted this to narrow the discussion to cthulu2016 Jan 2013 #3
I like the "diminishing with distance" image Recursion Jan 2013 #2
Right! (I didn't mean distance litteraly, of course, but conceptually) cthulu2016 Jan 2013 #4
Not in FL... Sekhmets Daughter Jan 2013 #9
Don't forget truebluegreen Jan 2013 #26
Yep ... 1StrongBlackMan Jan 2013 #5
Stand Your Ground laws have been passed in 24 states... Sekhmets Daughter Jan 2013 #10
Not quite... Sekhmets Daughter Jan 2013 #6
Which does not contradict the OP cthulu2016 Jan 2013 #7
I said not quite...I didn't say you were entirely wrong... Sekhmets Daughter Jan 2013 #8
Obama disagrees with the liberal SCOTUS? jimmy the one Jan 2013 #13
Yep that is what he is doing. Sekhmets Daughter Jan 2013 #15
Obama supported that in 2008. I objected at the time. cthulu2016 Jan 2013 #18
That's not exactly telling the whole truth. dairydog91 Jan 2013 #12
How do you get it so backwards? Sekhmets Daughter Jan 2013 #14
Because I read the text of the cases... dairydog91 Jan 2013 #23
Just read the second amendment... Sekhmets Daughter Jan 2013 #28
miller decison unanimous 9 - 0 jimmy the one Jan 2013 #17
Cite cases, please. dairydog91 Jan 2013 #24
The central right identified in Dred Scott tabasco Jan 2013 #11
Not quite.. X_Digger Jan 2013 #16
You're right, though central isnt the same as only cthulu2016 Jan 2013 #19
The court was asked to address one aspect of the right, specifically handguns in the home.. X_Digger Jan 2013 #20
IMO, the second ammendment defines a right to arms in defense of one's self. OneTenthofOnePercent Jan 2013 #21
The Second Amendment isn't about the right to own a gun duffyduff Jan 2013 #22
April Love 2ndA court case jimmy the one Jan 2013 #25
Jos Story & Blackstone jimmy the one Jan 2013 #27
Miller, 1939 take II jimmy the one Jan 2013 #29
cruikshank, presser, lewis jimmy the one Jan 2013 #30
ally ally in come free jimmy the one Jan 2013 #31
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