Miller? The case where the defense never made an argument? (Reply #55)

In the discussion thread: How the NRA Rewrote the 2nd Amendment -- The Founders never intended to create unregulated guns [View all]

Response to friendly_iconoclast (Reply #49)

Thu Jun 6, 2019, 12:20 PM

hack89 (38,572 posts)

55. Miller? The case where the defense never made an argument?

because Miller had died before the trial?

Miller says that the the 2A does not apply to every type of weapon. It did not say that militia service is required for gun ownership.

Miller was a very limited decision - it even states in the decision that it is limited and should not be seen as a thorough examination of the 2A.

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Replies to this discussion thread

88 replies	Author	Time	Post
How the NRA Rewrote the 2nd Amendment -- The Founders never intended to create unregulated guns [View all]	sharedvalues	May 2019	OP
Thanks for posting this	mainstreetonce	May 2019	#1
...	flamin lib	May 2019	#2
The fact that Scalia redacted 1/2 of the 2nd Amendment to support his "originalist" view	guillaumeb	May 2019	#3
Scalia specifically said that the 2A allows strict gun control	hack89	Jun 2019	#7
True, but he did need to dismiss 1/2 of the Amendment to support his claimed originalist argument.	guillaumeb	Jun 2019	#16
President Obama, HRC and Bernie Sanders have all said the 2A protects an individual right	hack89	Jun 2019	#17
It was, for the Founders.	guillaumeb	Jun 2019	#19
Except they never wrote any laws to that effect	hack89	Jun 2019	#20
The Founders were concerned with Federal issues. eom	guillaumeb	Jun 2019	#21
according to Barron v Baltimore,	gejohnston	Jun 2019	#22
But those same founders went back to their states to write state constitutions	hack89	Jun 2019	#23
The Consistution does make a provision for a standing army	gladium et scutum	Jun 2019	#29
Agreed.	Snackshack	May 2019	#4
From a centrist establishment type, formerly someone evenkeeled.	sharedvalues	May 2019	#5
"(Y)ou will not smear them or Waldman." My my, aren't we full of ourselves!	friendly_iconoclast	May 2019	#6
You did smear Waldman. You know your argument is flawed.	sharedvalues	Jun 2019	#10
Ahem. You don't actually get to shape others' replies to you. Also...	friendly_iconoclast	Jun 2019	#27
No, I do get to point out lies.	sharedvalues	Jun 2019	#31
Wait- if you buy guns or ammo you help get kids killed.	sharedvalues	Jun 2019	#32
"Pastor Robert Jeffress Says Disney Supports 'Murdering Children'...	friendly_iconoclast	Jun 2019	#36
Deflection. Own your responsibility.	sharedvalues	Jun 2019	#37
Feh. Eric Hoffer explained people like you years ago:	friendly_iconoclast	Jun 2019	#42
"If the gun restrictionists quit aping the fetus fetishists, the meme will go away."	friendly_iconoclast	Jun 2019	#43
Thanks for that	discntnt_irny_srcsm	Jun 2019	#44
The Supreme Court agrees with Burger	hack89	Jun 2019	#8
The Heller decision is a farce that puts kids at risk	sharedvalues	Jun 2019	#9
Heller specifically says the 2A allows strict gun control.	hack89	Jun 2019	#13
You just don't understand progressive guilt by association	friendly_iconoclast	Jun 2019	#34
Lots of obvious propaganda techniques, little to no actual evidence	friendly_iconoclast	Jun 2019	#28
That's a dead kid. Sorry you don't like actual evidence.	sharedvalues	Jun 2019	#30
Blatant propaganda and cheap appeals to pity don't move me, and never have	friendly_iconoclast	Jun 2019	#33
Another Lovejoy.	Straw Man	Jun 2019	#35
Of rights and straw men.	MarvinGardens	Jun 2019	#11
"...a bit of a straw man." But I would rec this were it an OP	discntnt_irny_srcsm	Jun 2019	#14
Thanks!	MarvinGardens	Jun 2019	#15
1939 Miller decision makes your claims invalid	jimmy the one	Jun 2019	#46
Sounds like the gestation slavers claiming that Roe v Wade ought to be overturned	friendly_iconoclast	Jun 2019	#48
militia blasts from the past	jimmy the one	Jun 2019	#51
I'm neither impressed nor intimidated by mere bluster and chronic logorrhea	friendly_iconoclast	Jun 2019	#53
The modern N.C. constitution added the qualifier	MarvinGardens	Jun 2019	#66
1939 miller explained further	jimmy the one	Jun 2019	#76
You are laser focused on Miller and ignoring my other arguments in this thread.	MarvinGardens	Jun 2019	#77
It seems Con Law lectures at Internet Search Engine University focus on Miller...	friendly_iconoclast	Jun 2019	#78
Let's see here...	discntnt_irny_srcsm	Jun 2019	#79
Well, when you only have one decision, rendered because the defendant died, and the defense didn't	AtheistCrusader	Jun 2019	#81
If I understand you,	sarisataka	Jun 2019	#12
re: "...better to submit...than to defend one's self"	discntnt_irny_srcsm	Jun 2019	#24
With complete unawareness of the irony,	sarisataka	Jun 2019	#26
Perhaps if a whole city calls to request a police escort...	discntnt_irny_srcsm	Jun 2019	#39
Burger's rant	gejohnston	Jun 2019	#18
If you buy guns and ammo you help get American kids killed.	sharedvalues	Jun 2019	#40
it wasn't	gejohnston	Jun 2019	#41
What consensus legal opinion?	hack89	Jun 2019	#45
Once again, you've demonstrated that pious fraud is part and parcel of gun control advocacy	friendly_iconoclast	Jun 2019	#49
Miller? The case where the defense never made an argument?	hack89	Jun 2019	#55
"(Miller) did not say that militia service is required for gun ownership." True...	friendly_iconoclast	Jun 2019	#56
Pardon me for interjecting my rather focused discussion on Miller	discntnt_irny_srcsm	Jun 2019	#58
You weren't to notice those inconvenient details amidst all the bluster and handwaving	friendly_iconoclast	Jun 2019	#60
See reply below for legal opinion	sharedvalues	Jun 2019	#65
re: "Republicans love guns because gun identity politics gets people...	discntnt_irny_srcsm	Jun 2019	#25
Wrong. I just checked.	discntnt_irny_srcsm	Jun 2019	#38
1939 supreme court Miller decision re 2ndA	jimmy the one	Jun 2019	#47
Miller is no more valid today than Minersville School District v. Gobitis	friendly_iconoclast	Jun 2019	#50
And if it was, we'd all have the right to own an Army-issue (and fully automatic) M4...	friendly_iconoclast	Jun 2019	#59
"a unorganized militia is NOT well regulated. It could not possibly be what madison intended"	friendly_iconoclast	Jun 2019	#61
IOW: "No true militia is unorganized"	friendly_iconoclast	Jun 2019	#63
Thank you - very good!	sharedvalues	Jun 2019	#80
Of course, because it's wrong in the same way your argument is wrong.	AtheistCrusader	Jun 2019	#82
I'm sorry you can't recognize truth when you see it.	sharedvalues	Jun 2019	#83
When I buy ammo, I give 11% to nature conservancy.	AtheistCrusader	Jun 2019	#86
You're having a discussion with someone who rewrote the dictionary	discntnt_irny_srcsm	Jun 2019	#85
Evangelists of all stripes want believers, not thinkers. Thinkers tend to ask pesky questions...	friendly_iconoclast	Jun 2019	#87
When your "church" says the world is flat...	discntnt_irny_srcsm	Jun 2019	#88
2A - Well regulated militia, not well armed minority	bigbrother05	Jun 2019	#52
What are you doing to arm the majority?	friendly_iconoclast	Jun 2019	#54
There are so many appropriate quotes from the movie Lord of War	discntnt_irny_srcsm	Jun 2019	#84
Thanks. Yes.	sharedvalues	Jun 2019	#64
I hope to make this the subject of an OP, soon.	MarvinGardens	Jun 2019	#67
Only in America is the problem	MythosMaster	Jun 2019	#57
Welcome to the site and the group.	discntnt_irny_srcsm	Jun 2019	#62
"The Founders never intended to create unregulated guns"	yagotme	Jun 2019	#68
?	sharedvalues	Jun 2019	#69
The way to "register" guns is to make a list,	yagotme	Jun 2019	#70
How does this work when semiautomatics are banned?	sharedvalues	Jun 2019	#71
It's 2 simple steps	discntnt_irny_srcsm	Jun 2019	#72
Good question.	yagotme	Jun 2019	#73
Guess its good they are regulated then.	jmg257	Jun 2019	#74
It was never meant to be just militia.	gejohnston	Jun 2019	#75

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