[jdege]

The Court, in Tot, was faced with a felon in possession. Rather than finding that banning possession by a felon was a reasonable restriction on the RKBA, as the 5th just did, they ruled that SCOTUS had found - in Miller - that there was no RKBA. Which Miller most manifestly did not.

Try this:

CAN THE SIMPLE CITE BE TRUSTED?: LOWER COURT INTERPRETATIONS OF UNITED STATES V. MILLER AND THE SECOND AMENDMENT

[MileHi]

I have read and saved that some time ago. It is a great examination of Miller and other cases the purport to cite it. I didn't find the cite in the Tot case. They cite Adams v. New York, Hawes v. Georgia, Fong Yue Ting v. United States, Yee Hem v. United States, Casey v. United States, but not Miller, at least as I read it here:

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=319&invol=463

Also, why was one upheld and the other not since both men were felons who were found to possess pistols?

Thanks